 TAMIL
EELAM:
RIGHT TO SELF DETERMINATION
Statement of International Educational Development
at United Nations Commission on Human Rights
Geneva 31 January 1992
"The Tamil population of the Northern and Eastern parts of the Island of
Ceylon clearly meet the definition of "peoples" set out under international
standards. ... The Tamils have their own language, a religious and cultural
basis distinct from the Sinhala majority, ...the intensity and urgency of
their demand for their full self-determination has only increased under the
Sri Lankan government's actions that threaten their very physical survival."
"International Educational Development has closely followed the events of the
past year in which a number of new states were created due to the aspirations of
their people to realize their self-determination. Recently, a number of
governments have recognized the right of the peoples of Croatia and Slovenia to
their independence and the full realization of self-determination. Western
Sahara is now finally on the way to its realization of self-determination. The
Baltic states now sit here as independent governments.
"All people have the rights to self-determination" declared the two Covenants
of international human rights law. Our organization would like to emphasize the
word ALL. This word does not mean that only certain peoples, such as those who
are favourites of one government or another, have the right. This word does not
mean that only white, Eastern Europeans have the right. This word does not mean
that only those who fight for the right or only those that do not fight for the
right have it. The word all means all.
A number of United Nations Resolutions indicate that the right to
self-determination may be a prerequisite to the realization and enjoyment of all
other human rights. We support this view. In the words of legal scholar
Professor Chen, the right to self-determination is "an expression of human
dignity [and indeed] is deeply rooted in the concept of human dignity."
He maintains that self-determination has as its heart the peoples' wish to be
"active agents of their own history". Self-determination is the other side of
the coin of democracy.
Regardless of the high esteem that the international community has afforded
the right to self-determination in international instruments, the same
international community has been reluctant to apply the principle or, most
appallingly, has applied it in a biased way.
Part of the problem has been the natural tension that arises between peoples
and governments - a number of governments, including those that no longer exist,
have been threatened by the application of the principle to them. Some
governments have tried to resolve tensions by suppressing them and the people in
question. Self-determination threatens territorial integrity they claim.
But, as observes Elena Bonner, widow of Andrei Sakharov, the principle of
territorial integrity should not be used as an excuse to suppress the legitimate
demands of an indigenous population.
Another problem for the international community has been how to define
"peoples". Most governments want to define peoples in a way that eliminates the
application of self-determination to their territory. On this problem we have
dispositive guidance from the International Court of Justice, which in the
Western Sahara Case (I.C.J. Reports 1975) identified the elements of "people":
subjective and objective factors coupled with a relationship to identifiable
territory.
There are two situations which we would like to present which warrant
discussion under this agenda item and which have generated discriminatory
reactions: Sri Lanka.
The Tamil population of the Northern and Eastern parts of the Island of
Ceylon clearly meet the definition of "peoples" set out under international
standards.
And, most importantly, their relationship to their territory was specifically
recognized by the government of Sri Lanka in the Bandaranayake-Chelvanaya Pact.
The Tamils have their own language, a religious and cultural basis distinct from
the Sinhala majority, and increasingly, are united by a passionate yearning for
autonomy if not independence from Sinhala domination. The intensity and urgency
of their demand for their full self-determination has only increased under the
Sri Lankan government's actions that threaten their very physical survival.
This Commission has heard compelling testimony on the gravity of human rights
violations occurring against the Tamil peoples for years. In 1987, the
Commission, in it's resolution 1987/61, took note of the evidence of human
rights violations and called upon the parties to "pursue a negotiated political
solution, based on principles of respect for human rights and fundamental
freedoms,"
There have been many tragic events in the Tamil-Sinhala conflict since then,
and the Commission, though not its rapporteurs, has been silent, Now, the
Liberation Tigers of Tamil Eelam, the military force defending the rights of the
Tamil People, has again called for,a ceasefire and a process of negotiation in
order to realize the rights of self-determination of both the Tamil and Sinhala
peoples in a peaceful manner.
It appears that the government of Sri Lanka intends to continue to pursue
a military victory over the Tamil people and their armed forces, and to go
against the wise counsel of United States President Woodrow Wilson who stated
that self-determination is an imperative principle of action which statesmen
will henceforth ignore at their peril.
We call upon the Commission to heed these sage words and to place the
legitimate call of the Tamil people for their self-determination on an equal
basis that of others now recognized by the international community."
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