Tamils - a Trans State Nation..

"To us all towns are one, all men our kin.
Life's good comes not from others' gift, nor ill
Man's pains and pains' relief are from within.
Thus have we seen in visions of the wise !."
- Tamil Poem in Purananuru, circa 500 B.C

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Home > Struggle for Tamil Eelam > Sri Lanka Accused at United Nations > UN Commission on Human Rights 1999

UN COMMISSION ON HUMAN RIGHTS
55th SESSIONS: MARCH/APRIL 1999

"....The struggle of the Tamils of Sri Lanka ... provides a strong argument for determining when a people should have the right to declare itself an independent and sovereign state..." more

"...the Tamils in Sri Lanka have an ancient heritage, a vibrant culture, a living language tracing, its origins to 5000 years and a political consciousness developed over their long history. For all intent and purposes the Tamils constitute a people who can call upon article 1 of ICCPR for the right to self-determination..." more

"...in Sri Lanka the basic fundamental freedoms and human rights of the Tamil people have been violated with impunity for half a century by the Sinhalese-dominated Sri Lankan Government on an ideology of racial supremacy and exclusive possession and control of the island. All their attempts through peaceful and democratic means to co-exist as equals was met with armed repression. Having left with no alternative the Tamil people exercised their democratic right in 1977 for independence on the basis of the right to self-determination. The national liberation movement of the Tamil people arose as resistance to state oppression and to liberate the Tamil people towards freedom and independence..." more

"...Torture and extra-judicial killings are widespread....There is a huge internal refugee population of Tamils. These gross and persistent violations cannot be dismissed as just internal matters of the state but should be the concern and responsibility of the internationalcommunity, as they clearly constitute international crimes against humanity..."more

"...Rhetorical flourishes notwithstanding, the Sri Lankan government is not taking the steps necessary to justly resolve the Tamil struggle for self-determination. Its war against the Tamil people, its press censorship, its detention of political prisoners, its failure to repeal the Prevention of Terrorism Act, all violate the human rights of the Tamil people...."more

"...The Geneva-based Centre for the Independence of Judges and Lawyers, recently carried out a fact-finding Mission in Sri Lanka, and concludes that: "The present and previous Governments of Sri Lanka have been in serious breach of their obligations to ensure to all individuals, subject to their jurisdiction, the rights recognised by the International Covenant on Civil and Political Rights....." more

"...Blind Sinhala Chauvinism, inflamed and encouraged by the state institutions, has closed the ears and eyes, the minds and hearts, of the majority of the Sinhala people to the suffering of their Tamil brothers and sisters in their midst. The silence of the international community has been deafening. Documentation by human rights organisations, of gross violations of civil and political rights, including torture and detention has been extensive. What has been lacking is the political will to expose these violations. There appears to be an unwillingness to address these issues openly and specifically in international fora..." more

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Statement by the International League for the Rights and Liberation of Peoples

Self Determination and the Question of Tamil Independence

The experience of the last fifty years years shown us that the international community is still woefully ignorant of the importance and nature of what is meant by 'self determination'

Throughout the Cold War, the lack of interest in conceptualising self determination at the theoretical, legal and political level, paralleled the International community's overall reluctance to engage in the internal conflicts of states.

The end of the Cold War, and the lack of any critical threat to global security in our time, has once more placed internal conflicts at the forefront of the international agenda. Due however to the inexperience of the international community in this area neither individual states such as the U.S, or international organisations such as the UN or OSCE, have been able to craft coherent and far sighted policies to address the realities and dynamics of internal conflict.

The struggle of the Kosovo Albanians for self determination appears to have at last galvanised the international community to take a more pro active stand towards such conflicts, and to question whether the stubborn insistence on the absolute Inviolability of established borders, be they colonial or otherwise, could constitute a potential threat to global security. From the international perspective, the so called 'brush fires' of internal conflicts are clear signs that existing patterns of international boundaries no longer correspond to the realities and prerequisites of effective governance.

Naturally, the application of self determination is not necessarily tantamount to the granting of political independence. As embodied in various international instruments, among them the 1993 Vienna Declaration and Programme of Action and the affirmations by the ICJ in the Western Sahara and East Timor cases, self determination can be implemented along different political modalities ranging from local or regional autonomy to outright independence. What is lacking in this description, however is a common set of criteria specifying how the implementation of self determination can be calibrated with the context in which those aspiring to self determination find themselves.

The glaring lack of interest and activity among the international community in developing such criteria is obvious when we consider the fifty conflicts in the world today that are being fought over the issue of self-determination. Only by analysing these and other past conflicts can we begin to develop criteria for self determination, and in the process contribute to removing the stigma attached to liberation movements and clarifying the often subjective understanding of 'terrorist activities'.

The struggle of the Tamils of Sri Lanka for instance, provides a strong argument for determining when a people should have the right to declare itself an independent and sovereign state. The current conflict in Sri Lanka began following independence in 1948 with a series of government policies that progressively and systematically deprived the Tamil population of its fundamental rights, and institutionalised violent persecutions and human rights abuses. Following 1983 the Tamil's struggle for their rights which had hitherto been non violent, transformed into a military campaign led the Liberation Tigers of Tamil Eelam, whose objective remains the removal of Sinhalese control of the north-eastern region of the island, the historical homeland of the Tamils.

In their struggle against government discrimination the Tamils have three objectives: equality in rights and opportunities, the right of self determination, and the withdrawal of government forces from the north-east. Given the history of the conflict to date, and the government's refusal to even entertain the possibility of dialogue, the majority of Tamils believe that these objectives can only be fulfilled through the creation of an independent Tamil state. This argument is buttressed by at least five factors that illuminate the conditions under which independence is justified as a form of self determination.

First, the Sri Lankan government has persistently deprived the Tamil population of its entire range of collective fundamental rights. Starting with the 'Sinhala Only' decree instituting Sinhala as the single official language of the state, Tamils have been denied access to education, effective participation in the political system, and have been economically defranchised through the confiscation of property and the destruction of their means of subsistence.

Second these individual policies together amount to what can only be called a form of economic, social and cultural genocide aiming to destroy the fabric of Tamil society by undermining and targeting the fundamental bases of Tamil identity. Instead of accommodating Tamil interests or even attempting to foster a pan Sri Lankan identity, the government has followed a policy of exclusion and annihilation against the Tamils relegating them to the status of social and political 'undesirables'.

Third these policies of social and political exclusion have in recent years been buttressed by policies of physical exclusion. Since 1991 an economic blockade has been imposed on the north-east, a region containing a 90% majority of Tamils. Justified for military purposes, this blockade has prevented the entry of educational materials, electricity petrol, and most alarmingly food and medicine. Through this blockade the government is clearly not targeting the LTTE but rather the Tamil population as a whole, revealing an exclusionary orientation that considers as 'aliens' and targets them for destruction.

Fourth, in other Tamil inhabited regions of Sri Lanka. the government has recently begun policies of forced displacement, removing Tamils from their lands and homes and encouraging Sinhalese settlement . This policy of internal colonialism has only one goal: the alteration of the demographic realities of these areas and the forced relocation of the resulting Tamil refugees towards the north.

Finally, the Tamils have been prevented from effectively addressing their grievances at the political level owing to the permanent Sinhala majority in government. In the last parliamentary elections of 1977, over 75% of Tamils voted for the independence of the Tamil homeland, a result which triggered an escalation of repression by the government.

This vote is tantamount to a referendum on self determination and if the democratic nature of this principle is to be respected by the international community, it can only be considered as conclusive proof of the wishes of the Tamil population a whole to govern itself.

The struggle of the Tamils for independence in Sri Lanka is today one of the world's forgotten wars. Three recommendations follow from this situation.

First, regardless of the political situation, it is clear that the international community has a duty to provide humanitarian aid to the victims of this war and break the government blockade against the Tamils.

Second, greater scrutiny should be placed on those western states that supply the Sri Lankan government with arms and material - their implicit support of a government engaged in repressive acts equivalent to genocide should be publicly questioned.

Third, the United Nations should endorse the establishment of a fact finding mission to the conflict regions to assess both the nature the situation, and the basis on which the Tamil's claims for self determination rest. Only in this way will the international community be able to arrive at valid criteria linking the rights of people and the manner in which self determination is to be implemented.

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Statement by Liberation

Mr.Chairman, Liberation would like to request the Commission to address the many long running disputes around the world concerning issues of self-determination. These disputes have led to gross violations of human rights by States and in some cases by parties opposed to it. However it remains our concern that by stifling the debate on self-determination and closing the opportunities to express and campaign on this, the international community is merely encouraging States to justify their oppression. Most disputes concerning self-determination concern regions which were historically distinct but have been forced into the current crisis by the intervention of colonisation. Unfortunately there are no venues for peaceful resolution of such disputes to enable co-existence through peaceful settlements of concerns.

For instance the Tamils in Sri Lanka have an ancient heritage, a vibrant culture, a living language tracing, its origins to 5000 years and a political consciousness developed over their long history. For all intent and purposes the Tamils constitute a people who can call upon article 1 of ICCPR for the right to self-determination. However the Sri Lankan government has failed to acknowledge this right and has refused to enter into any reasonable dialogue to address the concerns of the Tamils let alone settle the dispute. The Sri Lankan government further has obstructed any peaceful opportunities for the Tamil people to campaign for greater self-determination.

Instead the government of Sri Lanka has waged a war against the Tamil people to deprive them of this right. The government's latest military action in Tamil regions is named 'Rana Gosha' meaning 'battle cry' ! The magnitude of these actions reflect in the number of deaths and displacements of civilians, the destruction of infrastructure of Tamil homeland and the violations of the principal articles of the Universal Declaration of Human Rights by the agencies of the Sri Lankan state. These are well documented in the United Nations.

The Sri Lankan government has failed to resolve the matter through political means and continues to prefer a 'military' solution. It needs international participation to mediate and end this continuing national conflict. We call upon the Sri Lankan government to withdraw its armed forces from Tamil territory in the North and East of the island and further call upon both parties to end the armed conflict and secure a political settlement by recognising the right of Tamil people to campaign on the principle of the right of self-determination...

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Statement by International Educational Development

"....In the words of Justice Antonio Cassese ( of the Yugoslavia International War Crimes Tribunal Appeal Chambers):

"self-determination is the summa or synthesis of individual human rights, because a people really enjoys self-determination only when the rights and freedom of all individuals making up that people are fully respected. On a different level, the enjoyment of individual rights presupposes the realisation of (external) self-determination because if a people is oppressed, individuals cannot really be free to exercise their basic rights and freedoms. Thus, it is clear that the two principles supplement and strengthen each other, respect for one of them must perforce go hand in hand with compliance with the other".

A recent Canadian Supreme Court decision and the recent state practices have contributed to the crystallisation of the law of the right to self-determination. In the Canadian Supreme Court unequivocally stated in its opinion pertaining to the secession of Quebec that the right to an external form of self-determination exists in the non-colonial context. The Court also stated the following with respect to the recipient unit of the right to self-determination namely, the "people":

"It is clear that "a people" may include only a portion of the population of an existing state. The right to self-determination has developed largely as a human right, and is generally used in documents that simultaneously contain references to "nation" and "state". The juxtaposition of these terms is indicative that the reference to "people" does not necessarily mean the entirety of a state's population. To restrict the definition of the term to the population of the existing states would render the granting of a right to self-determination largely duplicative, given the parallel emphasis within the majority of the source documents on the need to protect the territorial integrity of existing states, and would frustrate its remedial purpose."

Not only the judicial decision, but also state practices has recently confirmed that an entity that is endowed with objective factors such as a distinct language, distinct culture and has a subjective feeling of oneness coupled with the relationship to land is a legitimate recipient of the right to self-determination. With respect to Kosova, which has been recognised as an integral part of Serbia, the contact groups with the blessing of NATO in their draft proposal have stated that after 3 years the will of the Kosovans will be ascertained. Even though the contact group has not thus far stated that the will of the people will be ascertained through referendum, they have nevertheless stated that the will of the Kosovans will be ascertained. Similarly, with respect to East Timor ( which has been explicitly considered as an integral part of Indonesia by Indonesia and Australia), both the Indonesians and Australians have recently stated that the will of the East Timorans will be ascertained through referendum after 3 years.

NATO's demand that Yugoslavian troops should be withdrawn from Kosovo, is also consistent with the 1970 Declaration on Friendly Relations which states that states should not use force to deny self-determination to a people.

Mr. Chairman, in Sri Lanka the basic fundamental freedoms and human rights of the Tamil people have been violated with impunity for half a century by the Sinhalese-dominated Sri Lankan Government on an ideology of racial supremacy and exclusive possession and control of the island. All their attempts through peaceful and democratic means to co-exist as equals was met with armed repression. Having left with no alternative the Tamil people exercised their democratic right in 1977 for independence on the basis of the right to self-determination. The national liberation movement of the Tamil people arose as resistance to state oppression and to liberate the Tamil people towards freedom and independence.

Despite offers of third party help towards mediation, continuing intransigence of the Sri Lankan State leaves no hope for early resolution of the conflict resulting in gross consistent and continuing violations of human rights, humanitarian tragedy and crimes against humanity. While the state hopes to realise its genocidal intent the international community and the UN system are failing the Tamil people.

Mr Chairman, at the 54th session of the Commission on Human Rights fifty four NGOs in their joint written statement (E/CN.4/1998/NGO/120) brought to the attention of the Commission

"the increasing genocidal dimension of the war as evidenced by: a) targeting of the civilian population by the Sri Lankan forces; b) the epidemic proportions of disappearances, torture, extrajudicial killings, rape, arbitrary arrest and indefinite detention of Tamil civilians; c) a sweeping embargo in the north and east of subsistence food and essential medicine in contravention of humanitarian law; d) the existence of more than 850,000 displaced persons living in appalling conditions at risk of starvation and death."

They urged the Commission to adopt a resolution

"to call on the Government of Sri Lanka to withdraw all its armed forces from the Tamil homeland and to call on both the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam to secure a political solution that allows the Tamil people to realise their right to self-determination."......

The Commission must adopt a resolution to that effect..."

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Appeal by International Federation of Tamils

Madam Chairperson,

Violations of Human Rights and Fundamental Freedoms
in Sri Lanka & Humanitarian Issues

International Federation of Tamils(IFT) brings to your kind and urgent consideration, the gross, systematic and continuing violations of human rights and fundamental freedoms of the Tamil People in Sri Lanka.

The Commission, in 1987 at the 43rd Session, unanimously adopted a resolution (1987/61) on Sri Lanka co-sponsored by Argentina, Canada & Norway. Taking note of the Report of the Special Rapporteur on Torture and the Report of the Working Group on Enforced or Involuntary Disappearances, the landmark resolution called upon ``the Government of Sri Lanka to consider favourably the offer of the services of the International Committee of the Red Cross to fulfil its function of protection of humanitarian standards, including the provision of assistance and protection of victims of all affected parties." Further the resolution called for a ``negotiated political solution, based on principles of respect for human rights and fundamental freedoms."

Previously, the Sub-Commission at the 35th & 36th Sessions adopted resolutions (1983/16 & 1984/32) expressed ``deep concern of the violence in Sri Lanka resulting in severe loss of life and property.`` In 1992, the Chairperson noted that the Commission remained ``seriously concerned over the human rights situation in Sri Lanka.``

Since 1993 there has been no concrete reference by the Chairperson to the actual human rights situation in Sri Lanka which has been fast deteriorating. Human rights violations against the Tamil People have been raised year after year, both at the Commission on Human Rights and the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, by concerned non-governmental organisations, inter-governmental organisations and governments.

Amnesty International, before the last Sessions, has charged that ``The Commission has neglected its duty to effectively monitor the human rights situation in Sri Lanka.``

The Special Rapporteur on Extra-judicial. Summary or Arbitrary Executions having visited Sri Lanka and Jaffna, expressed his deep concerns in his Report. (E/CN.4/1998/68/Add.2) He stated:

"I am particularly concerned about the massacres and extra-judicial, summary or arbitrary executions among the civilian population, especially women and children, which have become an almost ubiquitous feature of daily life in Sri Lanka.....this does not justify excessive and arbitrary use of force on the part of the security forces ....There is no excuse for extra-judicial, summary or arbitrary executions, nor for their encouragement through impunity.... paralysis of State institutions, particularly the judiciary in the areas of armed conflict, which is generating impunity and hence the perpetration of human rights violations.... Impunity enjoyed by human rights violators in Sri Lanka is very pervasive.....it has proved itself equally effective in guaranteeing impunity for violations of the ordinary criminal law in respect of acts (murder, torture, kidnapping) committed in the line of duty. Thus Sri Lanka fails to fulfil its obligations under international law.... This strongly suggests the lack of institutional willingness to hold the authors of human rights violations responsible....Military operations leading to the death of civilians include indiscriminate bombing of civilian settlements and armed incursions into villages during which the victims are said to be killed on the spot or abducted to extract information....Torture is reportedly used by the armed forces with two principal aims to obtain information on insurgent groups and to intimidate the population.``

These findings are an indictment against Sri Lanka under international human rights and humanitarian laws.

Sexual violations against Tamil women and children are of grave concern. There have been several instances of gang rapes by the armed forces. The Special Rapporteur for Extrajudicial, Summary and Arbitrary Executions reporting to the current Sessions (E/CN.4/1999/39/Add.1) cites several cases of rape and murder, but many such crimes go unreported. Women in detention and in refugee camps are particularly vulnerable. These crimes are deliberate acts of violations against the people in the Tamil areas by the Sri Lankan army. They are war crimes, which are positively encouraged by the state as a policy by extending impunity to the perpetrators.

Sri Lanka uses food and medicine as weapons of war against the Tamil people. The Committee on Economic, Social and Cultural Rights, at its 25th meeting held in May last year expressed

``its grave concern regarding the situation of an estimated 800,000 displaced persons, many of whom have been living in temporary shelters for the past 15 years.....and who lack basic sanitation, education, food, clothing and health care....is alarmed by the results of an independent survey estimating the incidence of under nourishment of women and children living in these shelters to be as high as seventy percent...`` (E/C.12/1/Add.24)

The government's official and unofficial embargo on supply of essential food and medicine to the Vanni and other Tamil areas are causing starvation and deaths among the civilian population. There have been an increasing number of suicides.

The plight of children in Tamil areas is of particular concern. Many schools and places of worship have been bombed or destroyed over the years. The military personnel are occupying quite a number of them. Some are closed due to lack of resources and state assistance. The children have become destitute in their own land and homes. In most of such cases their parents are either killed or detained. In the internal displacement of people, children have become the most vulnerable. Their safety and security, care and educational needs, are of paramount importance. They suffer from malnutrition, lack of basic health care, medicine and schooling. The children in Tamil areas are totally and wantonly neglected which requires particular and urgent attention of the Commission.

The British journalist, Peter Popham, reported from Sri Lanka in The Independent of UK and said ``If images of northern Sri Lanka's internal refugee crisis were to reach the outside world, there would be an international outcry, but since the resumption of the hostilities in April 1995 the government has enforced a strict blackout of independent coverage of the war.``

The Working Group on Enforced or Involuntary Disappearances reported (E/CN.4/1999/62) that:

"Tamil persons internally displaced owing to the conflict and staying in informal shelters such as church and school centres were particularly at risk of detention and disappearance…disappearances continue to occur at high levels…. the single most important factor contributing to the phenomenon of disappearances is that of impunity. It is also said that the procedures laid down in the Emergency Regulations for post-mortems and inquests into deaths resulting from actions of security forces personnel continue to facilitate extrajudicial executions by the security forces… virtually no one allegedly responsible for disappearances has been prosecuted, even where investigations have been carried out and those allegedly responsible identified….it is further alleged that the pattern of reprisals directed at families of disappeared persons for the purpose of intimidation continues."

The Report confirms that the number of outstanding cases of disappearances transmitted to the government of Sri Lanka is 12,108, being the world's second highest, next to Iraq. This is an alarming figure in relation to the size of the island. There are many more unrecorded disappearances.

The Special Rapporteur for Extrajudicial, Summary and Arbitrary Executions, reporting to the current Sessions (E/CN.4/1999/39/Add.1), states:

``Army personnel and other members of the Sri Lankan military are constantly being blamed for the massacre of hundreds of Tamil civilians. These reported deaths are said to result from governmental air strikes on civilian targets as well as deliberate killings by military and police personnel. It was further asserted that police and military personnel have killed large numbers of innocent civilians in retaliation for acts committed by isolated armed groups.`` It lists several specific cases of murder.

The Report cites deaths and destruction on 15 August 1997 when two Sri Lankan air force planes bombed a catholic church in Vavunikulam. It further cites a similar incident in Poonakary on 20 November 1997.

There have been many massacres and mass graves in Sri Lanka. One that caught greater attention than the others was that at Chemmani in Jaffna. There must be an independent international inquiry into all these mass graves in the Tamil areas to bring the perpetrators to justice and to deter future violations and massacres. The Sinhalese government cannot be trusted with the inquiry as these crimes are committed by the agencies of the state.

Torture and extra-judicial killings are widespread....There is a huge internal refugee population of Tamils. These gross and persistent violations cannot be dismissed as just internal matters of the state but should be the concern and responsibility of the international community, as they clearly constitute international crimes against humanity.

At the last 54th Sessions of the Commission on Human Rights fifty four non-governmental organisations submitted a joint written statement (E/CN.4/1998/NGO/120) drawing attention to:

"The increasing genocidal dimension of the war as evidenced by: a) targeting of the civilian population by the Sri Lankan forces; b) the epidemic proportions of disappearances, torture, extrajudicial killings, rape, arbitrary arrest and indefinite detention of Tamil civilians; c) a sweeping embargo in the north and east of subsistence food and essential medicine in contravention of humanitarian law; d) the existence of more than 850,000 displaced persons living in appalling conditions at risk of starvation and death."

Our Federation hopes that the Commission will not fail, once again, to discharge its duty towards the victims of persecution and violations in Sri Lanka. They are genocidal in intent. We seek your kind and urgent intervention.....

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Statement by Ambassador Wilhelm Hoynck, Head of the Delegation of Germany on behalf of the European Union

"....While recognising positive developments of the human rights situation in Sri Lanka, the EU is still concerned about human rights violations such as disappearances, extra judicial killings, arbitrary arrests and torture by paramilitary parties, armed forces and the police.

The EU condemns terrorist attacks by the LTTE and other paramilitary groups against civilian targets. The use of child soldiers by the LTTE is reason for serious concern.

We urge all parties in Sri Lanka to end the armed conflict and to make every effort to reach a negotiated and just settlement. Whilst welcoming the continuing efforts of the government of Sri Lanka to provide relief supplies to refugees in the Vanni, displaced by armed conflict, we remain concerned by reports indicating that food and medical supplies reaching these refugees are insufficient, forcing many of them to leave the region. We therefore call on the government of Sri Lanka and others concerned to immediately remedy this unacceptable situation. We also call on the government of Sri Lanka to strengthen the capacity of the Human Rights Commission of Sri Lanka to investigate and provide for the resolution of violations of human rights. In view of the upcoming provincial, parliamentary and presidential elections the EU would like to stress the importance of free and fair elections."

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Statement by the Canadian Council of Churches

The Canadian Council of Churches welcome this opportunity to address the 55th session of the Commission on Human Rights. As Christians we believe the Gospel calls us to struggle for social justice and work with the poor and oppressed, transforming policies, practices and regimes which destroy life...

In Sri Lanka, all parties to the conflict continue to violate human rights. This situation hardens the positions of the various parties and lessens the prospects for securing a just peace for all Sri Lankans. We note with concern the growing radicalisation of the youth and the increasing violence against women in the public and private spheres. This Commission should urge the Sri Lankan government to implement immediately the recommendations made by the three Commissions on Disappearances, and to extend an invitation to the Special Rapporteur on Freedom of Expression to visit the country as soon as possible.

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Statement by the International Association Against Torture (IAAT-AICT)

Presented by Roger Wareham, Esq
Madame Chairperson,

This is a joint intervention by the International Association Against Torture and the December 12th Movement International Secretariat...

Sri Lanka

Although the AICT has previously signed on to Joint NGO statements concerning the Tamil struggle in Sri Lanka, the intransigence of the Sri Lankan government has forced us to address this situation in an oral intervention. We do not subscribe to the theory that the egregiousness of a human rights violation is tied to which group has the greatest horror stories or more body bags. Every single human life is valuable. However, we note that the UN, the Developed countries and their media's response to certain situations, like Kosovo, is markedly different than it is for Third World situations like Sri Lanka, Guatemala, Rwanda and El Salvador, where many more thousands of civilians were killed

Rhetorical flourishes notwithstanding, the Sri Lankan government is not taking the steps necessary to justly resolve the Tamil struggle for self-determination. Its war against the Tamil people, its press censorship, its detention of political prisoners, its failure to repeal the Prevention of Terrorism Act, all violate the human rights of the Tamil people. Thus the AICT and the DTMIS call upon Sri Lanka to redress these issues just cited and call upon the Commission to appoint a country specific rapporteur to Sri Lanka.

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Statement by International Movement Against All Forms of Discrimination and Racism

IMADR appreciated the efforts made by the Government of Sri Lanka to appoint commissions to investigate disappearances and further to successfully conclude two cases of human rights violations, namely, the case of Krisanthy Kumaraswamy of Jaffna and the massacre of 23 students in Embilipitiya. However, recent reports indicated that the Government had failed to keep its promises to its people and the assurances it had given to the international community that it would facilitate establishment of the democratic process and that it would respect the rule of law. The Minister of Defence had stated in Parliament on 8 October 1998 that two police officers found guilty of violations of human rights had been given promotions.
An alarming and vicious campaign had been carried out against the free media movement and independent journalists since they exposed the corruption and violence of the Vayambe election held last January. A journalist had been abducted by gunmen reporting corruption of brigadier in the armed forces. Freedom of association of NGOs guaranteed by the Constitution also was threatened.

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Statement by Liberation

We are concerned at the deprivation of economic, social and cultural rights in much of the developing world by their State Governments or as a result of policies of Western powers and monetary institutions. Liberation strongly opposed the proposal by some Governments to write off foreign debts in return for managing the economies of indebted countries. This would formally begin a new process of colonisation. We are further alarmed to learn that the International Monetary Fund (IMF) did not concern itself with international policies of a country, especially with regard to the human rights situation, when giving funds. The IMF should know that these funds were often used by Governments to purchase arms which were then used against their own people, as in Burma, Serbia, Pakistan, India, Sri Lanka and Indonesia....

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Statement by International Association of Democratic Lawyers

Despite clear and universally agreed standards, violations of basic and fundamental rights continue in many parts of the world. The Geneva-based Centre for the Independence of Judges and Lawyers, recently carried out a fact-finding Mission in Sri Lanka, and concludes that:

"The present and previous Governments of Sri Lanka have been in serious breach of their obligations to ensure to all individuals, subject to their jurisdiction, the rights recognised by the International Covenant on Civil and Political Rights."

Freedom of expression, a question we are considering under item 11, is included in Chapter Three of the Constitution of Sri Lanka captioned ``Fundamental Rights``. Article 14 (1) (a) reads thus: ``every citizen is entitled to freedom of speech and expression including publication``.

In August 1983, the Parliament of Sri Lanka passed what is popularly referred to as the Sixth Amendment to the Constitution which made it an offence to advocate separation. This Amendment was passed in the wake of the disgraceful pogrom against the Tamil Nation in Sri Lanka that made the then Sri Lankan Government and the extreme chauvinist section of the Sinhala Nation a laughing stock in the eyes of the world. The Amendment was passed when no Tamil Member of Parliament from the North and East of Sri Lanka was present in Parliament.

In the very recent past, we have seen two separate incidents concerning another dimension to freedom of expression. In November 1998, as the General Secretary of the oldest Tamil recognised political party in Sri Lanka, I was interviewed in Sinhala over the Swarnavahini television`s Sinhala channel, where, although not being a spokesperson for the Liberation Tigers of Tamil Eelam (LTTE), I said I support their political ideology. Immediately thereafter there were written and verbal attacks and threats on me, emanating from the racist section of the Sinhala Nation. Their attitude was encouraged enthusiastically by the Sinhala pro-Government print media. Soon the Criminal Investigation Department (CID) was involved and visited my home twice and I was interrogated for many hours.

Though the LTTE is a banned organisation in Sri Lanka at the moment, the LTTE`s political wing, the People`s Front of the Liberation Tigers (PFLT) is yet a recognised party in Sri Lanka and has been so since 1987 and the PFLT has not been banned.

In contrast in February 1999, a number of members of the Buddhist and Christian clergy went into the jungles on their own and met with high-ranking members of the LTTE and had discussions. Thereafter, there was wide publicity to this meeting in the print and electronic media. But there was no objection from the extremist section of the Sinhala Nation for going to meet a banned organisation - perhaps because all who went were Sinhalese!

With regard to disappearances and summary executions, the Working Group on Enforced or Involuntary Disappearances, in its Report prepared for this 55th Session of the Commission states that in Sri Lanka, "disappearances continue to occur at high levels".

On July 3rd 1998, an army soldier, named Rajapakse, just convicted of murder by the High Court of Colombo, reported to the same Court a mass grave of about 400 persons in a vast desolate tract known as Chemmani in the Jaffna Peninsula. This disclosure became international news immediately. Even after 9 months today, the most elementary step of taking Rajapakse to the site and asking him to point out the exact spot has not been done. Instead, a dubious drama has just been enacted by the Sri Lankan government of getting some experts to give a report as to whether the "soil has been disturbed".

I am aware that what I am about to say now may shock this august audience, but coming from the island of Sri Lanka, it behoves me to speak what is happening there.

An incident took place late in February 1999. The head of one Rajaratnam Rajeswaran was found in the drain opposite the Jaffna New Market. Investigations revealed that Rajeswaran`s identity card was with the Army at one of the Vadamarachchi check points and that the head belonged to a torso that was found in the toilet pit of an abandoned house in Nelliady within the Vadamarachchi area and about 25 miles away from where the head was found. As if this were not enough, there are 15 check points between the places where the head and the torso were found!

On 25th March 1999, construction workers were digging a part of the Durayappah Stadium in the heart of Jaffna City and about five miles from Chemmani itself, when they came across at least ten skulls and a pile of human bones. The find was reported to the police and the Municipal authorities. For almost one week, the police or the authorities did not think it fit to cordon off the area or to place police guard.

This brings to mind what the Special Rapporteur on extra-judicial, summary or arbitrary executions has said in his Report after a recent visit to Sri Lanka,

"effective impunity encourages political violence and is a destabilising element in all contexts of the Sri Lankan socio-political system.... This impunity has led to arbitrary killings and has contributed to the uncontrollable spiralling of violence...Impunity for those responsible for human rights violations remains a serious concern".

Madame Chairperson, We therefore call upon this assembly:

To demand of the Sri Lankan government the immediate repeal of the Sixth Amendment to the Sri Lankan Constitution.

To demand of the Sri Lankan government that Freedom of expression is not selectively implemented against the Tamils, and

To request that the Sri Lankan government be transparent and fair in dealing with sensitive issues such as mass graves and disappearances.

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Statement by International Peace Bureau - Nobel Peace Prize, 1910

IPB notes the decision of last year`s Commission that higher visibility should be imparted to economic, social and cultural rights. We also note that indeed, this has been a theme on which the High Commissioner of Human Rights has spoken, on a number of occasions.

The persistent and systematic denial of economic, social and cultural rights to a people is unjust. When such injustice persists, and when the root causes of the injustice are not addressed, the result can eventually be serious, even armed conflict. The Committee on Economic, Social and Cultural Rights stated regarding the situation in Sri Lanka that it:

"regrets that its dialogue with representatives of the State Party regarding the root causes of the armed conflict was inconclusive; the absence in the report of statistics relating to the North and East of the country can only reinforce the view of the Committee that the question of discrimination in relation to the economic, social and cultural rights of ethnic groups remain the central issues in the armed conflict in Sri Lanka."

The Sri Lankan government has indeed persistently deprived the Tamil population of its entire range of fundamental rights over a period of 50 years.

A form of economic, social and cultural genocide, is currently taking place, with the intent of destroying the fabric of Tamil society by undermining and targeting the fundamental bases of Tamil identity. Food and medicine is being prevented by a government imposed embargo, from reaching the nearly one million people in the North who have been displaced as many as ten times due to the conflict. Malnutrition and disease are the results of this.

Outbreaks of cholera, typhoid, dengue fever and malaria are spreading, resulting in deaths. In Puthukudyiruppu in Vanni 33 people died of malaria and diarrhoea in the early part of 98. Those few hospitals that are functioning do so with minimum resources under the severe ban of important drugs and essential equipment.

Local NGOs in the Vanni region have repeatedly raised concerns about the impact of food and medical restrictions imposed by the military. Their concerns have been continually disregarded by the Sri Lankan government.. More than 200 people are still holding a hunger strike opposite the UNHCR office in Mallavi for more than 130 days running.

It is a contravention of humanitarian law in armed conflict to use denial of access to food and medicine as part of a military strategy, and it is prohibited to use starvation as a method of warfare. Yet that is precisely what the Sri Lankan government has been doing for ten years, to the Tamil people in the North of the island.

The report on the right to food, (E/CN.4/1999/45), under this agenda item says that states have an obligation to "grant access to impartial humanitarian organisations to provide food and other humanitarian assistance, as established in international law." It is well known to those working for humanitarian relief to the Tamil homeland in the North that obstacles and frustrations are constantly put in their way by the Sri Lankan government. International humanitarian organisations have no choice but to keep silent, or else risk being asked by the Sri Lankan government to leave the island.

Right to Education is denied to many Tamil children in the North and East. At least 70 schools in the Vanni region have been either destroyed or closed down due to the Sri Lankan army's ongoing military operation in the Vanni. 15,000 school children are unable to attend school as a result.

Spending on health and education by the Sri Lankan government has decreased over the years, while the military budget has increased dramatically.

For the IMF and World Bank, Sri Lanka has for a long time been regarded as the model for the implementation of their economic policies in the Indian sub-continent. The World Bank hosted "Paris Aid Group", with representatives from most of the countries with powerful industrialised economies regularly underwrite a financial aid package for Sri Lanka. From 1977 onward, with the proliferation of the "Free Trade Zones" and implementation of other World Bank prescriptions, the aid to Sri Lanka steadily increased.

The Paris Aid Group annually gives Sri Lanka approximately $860 US million for implementing its policies. The cost of carrying out the war for one year is about $900 US. Military expenditure has increased from 2% of the budget in 1979, to around 25% in 1996 and is currently around 30%. The Sri Lankan government could not carry out the war without the money from the Paris Aid Group.

Achieving peace and fundamental freedoms in the Tamil homeland area is most crucial. In order to do so the social, economic and cultural rights of the Tamil people must be addressed.

In this regard we would question the giving of aid by the World Bank and the IMF through the Paris Aid Group, to Sri Lanka, a country which is clearly such a serious violator of human rights, as recorded by many reports from various UN thematic mechanisms. The giving of multilateral aid not only props up the government of Sri Lanka financially, but also gives a message of moral support which encourages the government to continue in its war effort against the Tamil people.

We appeal to the Commission to send a team to the Northern part of the island to witness at first hand the cultural genocide of the Tamil people.

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Statement by Interfaith International

...There were problems of religious intolerance in Sri Lanka, where Buddhism held the foremost place, as stipulated in the Constitution. This led to threats to the Tamil people, mostly Hindus. Religion was used to bolster the authority of the State, and this exacerbated political tensions. It was time for a solution to this religious, political and cultural problem. Frank discussions over the economic and humanitarian consequences of continuing the Sri Lankan conflict should be held...

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Statement by Socialist International Women

There are many situations in the world where civil and political rights are being violated. Socialist International Women brings to this session of the Commission on Human Rights, our deep concern regarding the situation of the Tamils in the Tamil homeland situated in the North-East of the island of Sri Lanka. The human rights of the Tamils continue to be systematically violated by the armed and security forces of the Sri Lankan government, who in doing so are seriously contravening humanitarian law in armed conflict and international conventions to which Sri Lanka is a signatory.

Several UN thematic mechanisms have already been activated. The report of the Working Group on Enforced or Involuntary Disappearances, to this Commission (E/CN.4/1999/62) states that in Sri Lanka:

"disappearances continue to occur at high levels`` ...``the single most important factor contributing to the phenomenon of disappearances is that of impunity`` and, ``...virtually no one allegedly responsible for disappearances has been prosecuted, even when investigations have been carried out and those allegedly responsible identified."

The working party reports that Sri Lanka is the country with the second highest number of disappearances in the world, a disturbing fact.

Jaffna Peninsula came under occupation by the Sri Lankan military in April 1996. Within a short period, more than 640 persons, the majority being young boys and girls, were taken into custody. After extensive investigations, Amnesty International concluded that they had been tortured to death. Parents and relatives of the missing persons have formed an Association called the ``Guardian`s Association for persons Arrested, Disappeared``. The parents and relatives stated that they saw their children being taken away by army personnel and then never saw them again.

Mass graves of Tamil civilians at Chemmani were revealed in July last year but still nothing has been officially done or said by the Sri Lankan government. Just weeks ago, on 25th March 99 more mass graves were found when Jaffna Municipal workers were digging the site of a stadium. Many human skulls and bones were discovered beneath the surface of the ground.

The Special Rapporteur for Extra-judicial killings, Ms Asma Jahangir, in her report to this Session of the Commission states that,

"Army personnel and other members of the Sri Lankan military are constantly being blamed for the massacre of hundreds of Tamil civilians. These reported deaths are said to result from governmental air strikes on civilian targets as well as deliberate killings by military and police personnel``.

Churches, temples, schools and hospitals have been bombed. Tamil women have been gang-raped and then killed by Sri Lankan armed forces who are using rape as a weapon of war. Ms Jahangir has reported such cases recently.

In years of the past the United Nations General Assembly has clearly expressed its deep concern over the sufferings of women and children belonging to the civilian population who in periods of emergency and armed conflict in the struggle for peace, self-determination, national liberation and independence are too often the victims of inhuman acts and consequently suffer serious harm.

Under the Convention on the Prevention and Punishment of the Crime of Genocide, acts of murder committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such are considered as acts of genocide. The callous murdering of Tamils by Sri Lankan government sponsored forces and armed forces clearly is in this category and is not new. It started in a series of pogroms in the 1950`s through to 1983 when the war began, and continues today.

The war is between the Sri Lankan government and the Liberation Tigers of Tamil Eelam who are fighting for the freedom and liberation of the Tamil people. In an attempt to crush the political will and voice of the Tamil people the Sri Lankan government is waging this war under strict censorship of the media. The government calls it a war for peace!

In the interests of Peace and Democracy there should be no concealing of the tragic events taking place in the Tamil homeland in the North and East of the island. Censorship must be lifted and freedom of expression allowed. Democratic governments supporting the Sri Lankan government by giving financial aid to it and selling arms to assist the Sri Lankan government in its war effort, must carefully consider the ethics of such action which not only is financial and military help but also offers moral support and encouragement for the Sri Lankan government's war.

Our fervent hope is that both parties to the conflict will find a way that will finally and rapidly lead to a lasting negotiated political solution which guarantees the dignity and human rights of all the people on the island. Like many conflicts around the world strong and sensitive international mediation will be needed. The LTTE have called for talks with mediation, but the Sri Lankan government refuses mediation.

We all know that Peace is the Fruit of Justice and can grow on no other tree. Any solution must be just. We are sure that an important body such as the Human Rights Commission cannot will not let this serious human rights situation go unchallenged.

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Statement by Women's International League for Peace and Freedom

....The situation in Sri Lanka had remained on the agenda of the Commission for over 15 years and it was extremely distressing to note that despite all assurances from the Government of Sri Lanka, year after year the situation remained appalling. Disappearances, torture, summary and arbitrary executions all continued to take place in conflict zones in the north and east of the island as well as the south. This situation affected women of all communities, through their direct exposure to rape and other forms of violence but also through the impact of this overall context of human rights abuse on their role and position in society. The organisation also wished to convey its grave concern over recent statements made by the President and the Minister of Justice that the Government of Sri Lanka wished to reinstate the execution of the death penalty. The organisation regretted the decision of the Government of Sri Lanka and reaffirmed its belief that the death penalty did not provide a response to the root causes of crime and the culture of violence that pervaded the Sri Lankan Society.

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Statement by the International Peace Bureau - Nobel Peace Prize, 1910

The situation in the island of Sri Lanka causes International Peace Bureau grave concern. For the last 16 years the civil and political rights situation has been rapidly deteriorating. The war in the North and East has claimed 60,000 lives.

It is sometimes assumed that in the South of the island Tamils enjoy their fundamental freedoms and rights. However this is far from the true picture. Arbitrary arrest and torture are routine. About 1650 Tamils are detained in highly restrictive states of captivity, according to a well-reputed parliamentarian.

I myself, as a person who has close experience with current events have come to bring the concerns of the people to this session of the Human Rights Commission.

According to one of our main sources for direct information regarding human rights violations, the Human Rights Action Committee - Sri Lanka, the human rights situation is worsening. The following are just some of the cases documented.

On 26th October 98, 30 Tamils were arrested arbitrarily by the Passara Police in Badulla District. 15 were held in detention. Out of these Govindan Varatharajah, was a school student of 17 years. Another, Santhanam Anthonysamy was shot by the police when he went to the police station to lodge a complaint. A reporter who tried to cover the event, named Mohammed Samsudeen Naushad, working for a Tamil daily, Veerakesari, was arrested by the Lunagala Police in the same District, along with his Tamil photographer named Letchchamanan. On November 9th the former was released after appearing in court but soon was rearrested and remanded until 20th January, when, on payment of 100,000 rupees he was released on bail.

Between 5th and 15th June last year six Tamil youth from the tea plantations were arrested by Hatton police in the hill country, Central Sri Lanka and taken to the Kandy police station where they were tortured. Later they were taken to the Subversive Investigation Division Head quarters in Colombo 7 where further torture took place. Suppu Udaya Kumar aged 27 was arrested on 12th June and taken to Kandy on 13th June where he was hung by his feet and forced to confess to alleged crimes. His genitals were crushed by slamming a drawer shut, causing injury. On 16th June he was transferred to the SID Head quarters in Colombo. His health condition was so critical he was seen by a judicial medical officer in Colombo, who requested an x-ray to be taken. This was not carried out. The following day, 17th, he was ordered to crouch under a chair and was beaten with batons. After this the same genital torture took place as in Kandy. Due to his subsequent critical condition, he was taken to Colombo General Hospital on July 9th. The doctors requested he be brought for daily clinical treatment. This did not take place.

On 3rd September he was forced to sign a document in Sinhala which he cannot read. Because he refused to do so, he was again tortured and denied food. Eventually, unable to bear the pain any longer he signed the document which he could not understand. On 4th September he was taken to Bogambara prison in Kandy, where he was detained. As a result of torture he has continual migraine and vomiting.

This is one case out of numerous cases which are occurring daily in Sri Lanka. Most go unreported. The experience of Suppu Udaya Kumar is common to many Tamils living in the Southern part of the island. This starkly shows the institutionalised violence and inhumane and degrading treatment of Tamil persons.

Sometimes the torture results in death. An example is an incident on 25th August last year, when 13 Tamils were arrested by the Minuwangoda Police in the Western Province. After they were brought to the police station, and subsequent maltreatment one person, aged 49, named Raju Balakrishnan Dharmalingam vomited and later died. No investigation was carried out.

The UN Special Rapporteur on extra-judicial, summary or arbitrary execution in his report after his recent visit to Sri Lanka, (E/CN.4/1998/68/Add.2), stated that the systematic absence of investigation into human rights violations facilitates impunity. He also highlighted the fact that the security forces comprised of members of the army and the police are 99% Sinhalese and do not speak Tamil, and that they treat the local Tamil population with suspicion. The forced signing of documents in Sinhala shows the racism and discrimination against Tamils.

The Rapporteur further states that torture is reportedly used by the armed forces with two principal aims: To obtain information and to intimidate the population. He says that it is common practice that members of the armed forces and security forces arrest persons without a warrant, subject them to interrogation and force them to sign statements of good treatment. The fact that detainees are kept incommunicado increases the risk of torture.

Blind Sinhala Chauvinism, inflamed and encouraged by the state institutions, has closed the ears and eyes, the minds and hearts, of the majority of the Sinhala people to the suffering of their Tamil brothers and sisters in their midst. The silence of the international community has been deafening. Documentation by human rights organisations, of gross violations of civil and political rights, including torture and detention has been extensive. What has been lacking is the political will to expose these violations. There appears to be an unwillingness to address these issues openly and specifically in international fora.

The Human Rights Commission as a body responsible for activating mechanisms to protect human rights cannot surely fail to take immediate steps to condemn Sri Lanka's human rights violations. We urge the Commission to appoint a country rapporteur to Sri Lanka to investigate and report on this serious situation.

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Statement by Sri Lanka Representative Prasad Kariyawasam

...The Government had established three different Commissions in 1994 to investigate disappearances in three geographical regions of the country; their work was concluded in September 1997; their reports were published and also shared with the Working Group on enforced or involuntary disappearances; another Commission had been established in 1998 to look into disappearances which had not been covered by the work of the other commissions. These were serious efforts to come to grips with the problem, and prosecutions of several security force members and others had occurred based on the findings. The Attorney General's Department was processing a number of other cases, and a special unit had been created to handle these and other human-rights cases.

.... the process was complex and difficult, in part because the LTTE terrorists were responsible for a large number of disappearances; it was hard to find a solution to this problem, although the Government was trying. The Working Group had been invited to visit Sri Lanka this year. It was for the international community to take a combined and resolute stand against terrorism.

Statement by the International Peace Bureau - Nobel Peace Prize, 1910

One tragic consequence of many wars is the displacement of people, driven to flee from their homes in search of safety. There are over fifty countries where there is conflict-induced displacement and the numbers of persons in these countries vary from 6,000 to 4 million.

It is well-known that displaced persons suffer greatly and are vulnerable, often to the forces of hostile climate, and to violations of their fundamental human rights. The UN General Assembly has proclaimed that women and children belonging to the civilian population and finding themselves in circumstances of emergency and armed conflict in the struggle for peace, self-determination, national liberation and independence shall not be deprived of shelter, food, medical aid or other inalienable rights, in accordance with the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Geneva Conventions or other instruments of international law.

There exist situations where governments contravene their obligations under humanitarian law, in this regard, and where food and medicine are in fact used as weapons of war against a population. This is totally unacceptable. Consequent malnutrition and the ensuing illnesses and lack of resistance to disease can cause a desperate situation. It is unthinkable that such people deprived of their fundamental rights, be further subjected to indiscriminate bombing and shelling causing them to flee yet again, but this can occur.

16 years of war in Sri Lanka has led to major population movements in and from Sri Lanka. In October 1995 the Sri Lankan military launched a sustained army offensive and invaded Jaffna, causing half a million people, within 48 hours, to flee the aerial bombing and devastation. They became internally displaced and most have faced continued displacement sometimes up to ten times, as the army offensives persist, in the government's attempt to take over more of the Tamils' land. There are now nearly 1 million internally displaced persons in the Vanni, a collective name for for an agricultural and forest area comprising four districts between the Jaffna lagoon and the town of Vavuniya. These people are mostly living under trees in extremely harsh conditions.

Apart from the harsh situation in the Vanni, we believe the difficult situatiion of the displace persons who were relocated in the refugee camps by the state authorities where it is said to be much safer and secure, needs serious and immediate international attention. The living conditions experienced by the displaced Tamil people who were relocated in these refugee camps are unacceptable. My recent experience in visiting these camps has convinced me of the above fact.

On 12 January 1999, our group visited one of the biggest camps in Vavuniya, Poonthottam Refugee Camp, where more than hundred families were located - and who had been forcibly driven away from their homes in Omanthai, Oddusddan, Killinochi and Mankulam by the government forces. Acces to basic needs such as food, health care and clean water in the camp was inadequate. A child in the camp gets four string hoppers, which is equal to baout one slice of bread, as his or her daily breakfast, whilst an adult is given seven stringhoppers which is equal to about two slices of bread. As a result there is an alarming rise in malnutrition and various illnesses in the camp.

In addition to this, displaced people in the camp experience arbitrary arrest and disappearances in their daily lives. Shivaraman Danister, aged 21, was arrested on 5 January 1999 by the CID and taken to the Joseph Camp in Vavuniya, but he never returned. His wife Danister Shivagini, aged 20, was left alone in the camp without being provided any information about him. Similarly, the husband of Ketha Kanchana Darshan was also arrested by the Police Officer in Charge of the camp on 6 December 1998 and was handed over to the Vavuniya police station. She was denied any further information regarding the arrest. The UN Special Representative for Internally Displaced Persons in his report, after his visit to Sri Lanka in 1996 (E/CN.4/1996/52 paras 39-40) stated:

"The questions relating to physical and mental integrity of the displaced persons remain as pertinent today as they were two years ago"

A further three years have elapsed since then. The conditions have worsened.

The representative of the Secretary General, Mr.Francis Deng, in a recent report submitted pursuant to Commission resolution 1998/50, in regard to the prevention of internal displacement in Africa, called upon 'decision makers to act in a manner that will avert the occurrence of armed conflicts, human rights abuses and forced population displacement.' But contrary to this, the way the Sri Lanka Government is acting has encouraged forced population displacement in the Tamil areas.

On 12 March 1999, the matter regarding the government's proposal to acquire the land in the Vallikamam North Division, located in Jaffna District was raised in the Sri Lankan Parliament. But the government did not respond. The Jaffna District contains 435 village divisions, out of which 35 fall within the abovementioned Vallikamam North Division. Located in the northen most tip of the island, the approximately 12,000 acres are bound on the North by the Palk Straits. The community infrastructure included a Base Hospital, 48 schools and two historic Hindu temples. Though there has been no public notification as to what the government intends to do with the land, it is widely speculated that a large Army base will be built as a further expansion of the existing Military base in Palaly. After this proposal is implemented eigghteen thousand families will lose their homes, the right to cultivate their land, to food security and will become internally displaced persons.

The treatment of the Tamil population by the Sri Lankan government reveals in fact an intent to destroy , in whole or in part a distinct group of people. To deliberately inflict on such a group conditions of life calculated to bring about its physical destruction in whole or in part, is condemned as an act of genocide under Article 2 of the Genocide Act.

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