The Australian Human Rights Law Centre,Panel Discussion scheduled for 7th & 8th March 2013
Posted on March 7th, 2013

From Kanthar Balanathan, Melbourne, Australia

19th February 2013
The Board
Human Rights Law Centre Ltd
Level 17, 461 Bourke Street
Melbourne VIC 3000

Dear Most Respected Board Members of the Australian Human Rights Law Centre,

Panel Discussion scheduled for 7th & 8th March 2013

I wish to submit humbly my views as a SriLanka born Tamil, and a SriLanka loyal & patriotic Australian, who has seen and studied the trivial, shocking, appalling, and reprehensible political gaffes & bungles of the Tamils and the Tamil politicians since independence of February 1948. I have studied the cruelties, dictatorial activities of the terrorist group, LTTE. SriLanka has gone through various thrust, compression, domination and neo-colonialism by the Indians during pre-independence and post-independence.

I take reference to a discussion planned on the 7th & 8th March 2013 by a panel, about accountability for war crimes and the current human rights situation in Sri Lanka.

Ref: http://www.hrlc.org.au/category/primary/events

It is not clear on the direction HRLC is taking with respect to SriLanka (SL). For 39 years, the state was experiencing turmoil of pandemonium with bombardment by the terrorists on a wide scale. Still GOSL was capable of managing their affairs and march in a direction of technological development. SL was drawn into the international politics of the Indians. I wish to draw your comprehension at this juncture that SL was invaded and destroyed for centuries by the Indians. Still SL was capable to emerge out of the mayhem. For 39 bloody solid years, GOSL was unable to eradicate the LTTE, because LTTE was engaged in urban guerrilla warfare.

LTTE was proclaimed as a terrorist organisation by the US only after the 9/11 incident. Still the question is: did some countries provide help to the terrorists? How were they able to build such a framework of structure and machinery? Who provided the intelligence and knowledge? LTTE was building small scale submarines and a launching pad in Vanni. Who provided the knowledge? Was foreign expertise present in Vanni in the names of NGOs to build these submarines? If yes, then why?

With extent of knowledge the world have about terrorism, would you think that these foreign powers were prudent to provide assistance to the LTTE. Or were they with intent?

These items are being discussed here because before we make judgement on a case, the investigation should converge to focus on whether we are making a fair and reasonable judgement, taking into consideration of all facts on a broader spectrum.

At this convergence, I would like to highlight the tactical moves, and the modus operandi of the terrorist LTTE. Members of the LTTE had no understanding of the concept of “Human Rights & Violation”. Since LTTE emerged in 1972, it assassinated a president, a prime minister, Tamil and Sinhalese politicians, GOSL ministers and innocent Tamil and Sinhalese civilians. It attempted to, but failed to assassinate Army Commander; Sarath Fonseka and former President, Chandrika Bandaranaike, but robbed several banks, exhorted money and gold from Tamil civilians, blew up multistorey buildings and destroyed billion dollars’ worth of Sri Lanka’s assets transforming the island into a key drug trafficking and dealing hub accruing bank accounts amounting to billions of dollars at local and foreign banks. Furthermore, LTTE destroyed more than 160km of railway line, ransacked the KCW equipment, plus electricity HV lines and the related materials were taken for their use.

GOSL was tolerant for 39 years; however, the growth was procrastinated because billion dollars’ worth of assets was destroyed by the terrorists. Kindly give some thoughts to this and ask a question: Would US, UK or even Australia would be silent for such period? GOSL decided to clean up the mess created by the Tamil politicians, notwithstanding some international politicians. We are all aware that the international world provided support to the current President and the military in the war against terror.

While I wish to point out that I have knowledge in the elements of Human Rights Violation (HRV), I wish to draw the attention of the Tamil Diaspora: Are they biased or non-biased in making conclusions on HRV.

I quote from the “United for Human Rights” material, Ref: http://www.humanrights.com/what-are-human-rights.html

If you were to ask people in the street, “What are human rights?“ you would get many different answers. They would tell you the rights they know about, but very few people know all their rights.

As covered in the definitions above, a right is a freedom of some kind. It is something to which you are entitled by virtue of being human.

Human rights are based on the principle of respect for the individual. Their fundamental assumption is that each person is a moral and rational being who deserves to be treated with dignity. They are called human rights because they are universal. Whereas nations or specialized groups enjoy specific rights that apply only to them, human rights are the rights to which everyone is entitled””‚no matter who they are or where they live””‚simply because they are alive”.

With due respect, I wish to bring out the UN definition of HR and discuss on few elements.

List of Human Rights Issues-UN

The following web page outlines the human rights issues.

Ref: http://www.ohchr.org/EN/Issues/Pages/ListOfIssues.aspx

Only a few elements in the HRV framework are addressed with intent as I do not wish to make this an outsized document.

Firstly, I would like to deliberate the Tamil ethnic group in SL. This is for the reason to reinforce that Tamils overhang and threaten HRV more than anyone else on this planet. For centuries the Tamil Elites, who are considered wealthy by virtue of their caste practiced HRV in SL. You are welcome to refer the following web page document.

Ref http://dalitstudies.org.in/wp/0906.pdf

Well, Tamils practiced Apartheid in SL, quite resilient in the N&E. It is repentant to note that even in the 21st century; Tamils are quite strong on caste differentiation. Tamil Diaspora’s practice is quite seditious and it’s concealed. When I state Apartheid, I mean total discrimination of the lower caste Tamils. They have no place in the society. The Board members are welcome to refer Indian culture respect to caste discrimination. Murders are carried out if members of different caste marry. This is one element of the HRV framework which thwarts Humans in their HR.

First of all, are Tamils fit enough and qualified to address HRV issues around the world. Tamils should put their house in order first, before they could talk about HRV.

GOSL, the majority in SL, gazed and beheld Tamils as SriLankan, and treated all with equality & fairness. However, Tamil elite’s avarice for wealth & power want everything in SL. Since Tamils in SL & India is an ethnic group, it could be enthralled that Tamil elites are “Racial”.

 

“Economic, social and cultural rights”

Tamil elites have a system whereby some sector (majority) of the ethnic group was refused entry to temples and cultural halls, cultural functions etc. This is a HRV practiced by Tamils.

“Right to development”

LTTE prevented development in the SL and destroyed billion dollars’ worth of assets, not only in the N&E, but in the island. Living areas of lower caste Tamils received little development by the village councils managed by Tamils. Isn’t this a HRV?

Disappearances”

Those who were taken prisoners by the LTTE were killed and the people or the GOSL has no information about these people. For 39 years several Tamils have been either killed or disappeared. Work of LTTE. Isn’t this a HRV?

“Xenophobia and Related Intolerance”

Tamils are xenophobic about the majority Sinhalese and Indian Tamils in SL, and are totally intolerant.

Slavery”

Tamils are no different to practice of slavery, where they take children in the name of domestic servant and it is considered a prestige for them. Particularly Indian Tamil children are taken for domestic work and mostly ill-treated. It’s HRV.

Right to own Land

The elite Tamils with the help of the Dutch colony introduced a law known as “Thesavalami”, which prohibits low caste Tamils owning properties in all areas.

“Torture”

I need not state the degree of torture LTTE performed on their enemies, who are Tamils.

Apart from the Tamil ethnic group in general, LTTE was a driver to prevent access to most of the elements of the HR framework to the Tamil community.

“Comment on Drivers”

Casual mapping would explain that LTTE’s modus operandi was nothing but a consequential and far-reaching action to HRV of the Tamil populace in SL. This predominated for 39 years within the LTTE domain.

Casual mapping of the political moves in the Tamil segment would disentangle that Tamil politicians were the driver for most of HRV since independence in 1948.

However, GOSL endured up to all these actions by the Tamils. Today if you examine the statistics of educated Tamils, Tamils had free education in SL and qualified as doctors, engineers, accountants and scientists. Those Tamils are dispersed all over the western world.

Modus Operandi of I/NGOs”

There have been number of I/NGOs operating in SL. In this context, I wish to draw your attention to an article written by a leading expert journalist, HLD Mahindapala, titled, “Time to probe the INGOs and NGOs” in the following web site. Ref: http://www.lankaweb.com/news/items/2013/02/17/time-to-probe-the-ingos-and-ngos/

I quote from above article: “For instance, Amnesty International was exposed at the last Geneva sessions for accepting $50,000 from the Canadian Tamil Congress, an organisation linked to the LTTE. Clearly, the funding for the anti-national agendas of the I/NGOs by anti-Sri Lankan sources can only lead to the conclusion that nothing good can come out I/NGOs linked to foreign sources”. “The damage done to the nation is incalculable. Should these Fifth Columnists be allowed to get away scot free simply because they pose as moralists planted by the Western embassies? Their services have undoubtedly benefited their Western masters, Tamil Tiger terrorists and Tamil separatists. But what is the quantum of constructive services rendered by them to the unity, peace and reconciliation of the nation?

NGOs/ like Tamil Rehabilitation Organisation, Australian Medical Aid Foundation (AMAF), state that they have been operating in SL. As you are aware, TRO was banned in SL and their assets were frozen.

Members of the overseas arm of the LTTE, i.e. TCC, were also members of the AMAF.

If I/NGOs are just agents planted by foreign powers, and they have hidden agenda, is it not true that they were also a driver for HRV in SL via the LTTE?

Hypothetical claim by Tamil Diaspora on HRV by GOSL:

In 1995, LTTE drove Tamils from the North and East like cattle herd into the jungle of Vanni. How did these people live? Did they have good housing, water, sanitation and education facilities? Definitely LTTE was concentrating in building their military apparatus and exploiting the driven Tamils into slave labour. This is a full-blown, out-and-out HRV by the LTTE, and notwithstanding, anyone who was associated with the LTTE is also chargeable under UN charter for HR.

Could anyone proof that LTTE provided good standard of living to the people who were marched as human shield. It will be a bluff if they do. All elements of the Human Rights entitlement were denied to the Tamils in Vanni, while Tamils in the N&E and Colombo lived contended.

For further HRV by LTTE please visit the following web site.

Ref: http://www.defence.lk/new.asp?fname=20061120_15

Over 300,000 Tamils were held for slave labour by the LTTE in Vanni. LTTE provoked the GOSL by blocking the water flow into the village, which is considered a distressing and disturbing act. War broke out. GOSL observed international law and declared a war free zone (WFZ). This WFZ was declared and marked for the civilians who cannot move out of Vanni, to move into the WFZ. The truth is that the LTTE built underground bunkers for them to hide and placed the civilians to stay on the ground. It is believed that this is a conspiracy because if the military assaults then the targets may be the civilians. It is believed that civilians wanted to move out of the WFZ, which the LTTE did not favour. Repudiating the order, civilians started to move out. Those are the civilians who ended up in camps and have been rehabilitated and resettled.

Point No1:        What is the proof that LTTE did not bomb the 30,000+ people, because people instigated to move out?

Point No 2:       What is the proof that VP did not order the killing of the personnel with the white flag?

Point No3:        Knowing the eccentric modus operandi of the LTTE personnel, and their past history why is above not possible? LTTE carried out the killing of civilians and the white flag personnel.

Point No4:        We all know that LTTE carried out the killing of several tens of thousands of SriLankan within their period.

Point No5:        LTTE’s tactical move was to draw sympathy form the rest of the world with the support of their foreign arm. For that, they would be prepared to do anything. LTTE leader’s character falls in line with the above tactical move.

Point No6:        Those LTTE members were considered terrorists by the entire world. Therefore, when they are arrested, GOSL will put them in a cell and investigate. What GOSL did was rehabilitate those terrorists and place them back in the community. Isn’t that a civilized and well-mannered progression? Does the UNHRC expect the GOSL to put them in a hotel? US placed the Iraqi POWs in Guantanamo Bay detention camp isolated from the rest of the world. How is SL worse from US on this procedure?

Point No 7:       GOSL opened up refugee camps for the civilians who marched out of the Vanni WFZ. They were placed in the camps, fed and treated for good health. SL is not an oil rich country to have abundance of wealth. GOSL managed within their budget. From those protest marches all over the world to date, you should silhouette the psychology of the minds of the Tamils. We are a rebellion ethnic group. We will not be contended. We must understand that terrorists also mingled with the civilians and ended up in camps. GOSL should be cautious on that issue. Wouldn’t Australia or US do that? Monitor the personnel in the camps.

Point No 8:       What are Tamils engaged in now? Protest marches, form forums and congresses in the country of domicile. Where do they get the money? Tamil Nadu (TN) Indians are on a war path with the President. Who is feeding them? Knowing the cultural background of TN people, can anyone prove that they will spend out of their pocket for all their activities in India? The entire world is aware that India is a country of bribery and corruption.

Point No 9:       LTTE accrued abundant wealth through hubs. Where are those abundance of wealth?

Point No 10:     What is the credibility of those who give evidence on HRV?

HRV by Others

UNHRC is silent on the HRV in India. A few examples are given below:

  1. HRV on Dalit civilians in Assam and all over India.
  2. Denial of equal rights to Dalit people.
  3. On an occasion, Dalit workers requested for more wages. Those Dalit workers were assaulted and killed on the road, while police was watching. Ref: http://www.youtube.com/watch?v=SilFqTvtzHc&oref=http%3A%2F%2Fwww.youtube.com%2Fresults%3Fsearch_query%3Dasam%2Bterror%2Btea%2Bworkers%2Bin%26oq%3Dasam%2Bterror%2Btea%2Bworkers%2Bin%26aq%3Df%26aqi%3D%26aql%3D%26gs_l%3Dyoutube.3…24732l32426l0l32864l15l15l0l0l0l0l251l2388l0j3j8l11l0.&has_verified=1
  4. Chennai law college Dalit student’s massacre. Ref: (1)http://atrocitynews.com/2008/11/24/caste-violence-in-drambedkar-law-college-chennai-“”…”-a-report/ (2) http://www.youtube.com/watch?v=6DpqRq32Gds
  5. HRV by US military in Guantanamo Bay detention camp. Ref: http://en.wikipedia.org/wiki/Guantanamo_Bay_detention_camp

There are significant HRV carried out all over the world, while UNHRC shows a blind eye.

Closed Loop Control

For a process design, the control system designers design the system with known external disturbances. If the system is going to be bombarded with Sx! Unknown external disturbances, the process will collapse. I can draw parallel to this control loop, where SL governance is bombarded with Sx! of internal and external disturbances with intent of destroying the country. A country can manage known external disturbances with a few transients similar to a market driven economy. However, in this case, we feel that the external powers are trying to destroy and erase off SL from the face of this earth. It is against human norms for the super powers to attempt such acts. Some countries believe in the terrorist agents but not GOSL.

What really transpires is that some powers are trying to intimidate SL to dance to their whims and fancies.

Army Investigation

Please refer following web site.

Ref: http://defence.lk/new.asp?fname=Army_Court_of_Inquiry_on_Channel_4_Allegations_Referred_20130215_08

I quote from the document: “From the testimony presented, the C of I concluded that the instances of shellings referred to in the LLRC Report were not caused by the Sri Lanka Army and civilian casualties might have occurred due to unlawful acts by LTTE. These acts include targeting civilians fleeing to the safety of Army held areas and likely routes of escape, dropping of artillery rounds fired by ill-trained LTTE gunners on to civilian concentrations, employment of sub-standard artillery guns and incompatible and sub-standard artillery rounds obtained from illegal sources by the LTTE, forced conscription of civilians including children and old people by LTTE for combat purposes, thus exposing them to danger”.

LTTE Connection

Please refer the following web site where you could obtain first-hand information about LTTE connection.

Ref: http://myapologetics.wordpress.com/2011/11/04/the-dr-sam-pari-scandal-gets-worse-alias-sampavi-alias-sham/

Conclusion

I am a Tamil who lived in every part of SL, and am aware of the character of the Sinhala and Tamil people. If Tamils were discriminated and oppressed, how did all those scientists, doctors, engineers, attorneys and accountants give birth?

Total Tamil population is around 1.5 million, of which only around 557,000 live in the North. For such a small population, self-determination or federal structure is not economical.

Do the HRLC think that they can destroy SL by convening a panel for discussion planned for the 7th & 8th march 2013?

From the evidences given and the volume of HRV in India is much more than our thoughts, may be HRLC could address those issues in India, because people are been killed and subject to severe discrimination.

12 Responses to “The Australian Human Rights Law Centre,Panel Discussion scheduled for 7th & 8th March 2013”

  1. Senevirath Says:

    KANTHAR, THE TAMIL GENT.. KNOWS BETTER ABOUT SINHALESE THAN AMARASIRI AND BEN
    HE IS A BETTER “” SINHALESE” THAN WICKRAMABAHU , VASU VITHARANA. AND ALL UNP ERS.

    MAHINDA
    WHY DONT U TAKE ACTION TO ABOLISH THESA VALAMEI
    WHY DO U GO TO HINDU TEMPLES IN INDIA DONT U KNOW HOW THEY TREAT LOWCAST PEOPLE

  2. Sunil Vijayapala Says:

    i salute you kb – mahinda believes in dhamma as a well as hindu crap of invoking blessings of gods for favours, to be re-elected as president – he has no wisdom.

    recently i was enlightened on the subject of human rights in anuradhapura our capital by a person, who is leading an organisation and who is also disgruntled by all these political parties. he said it’s human responsibility which is far more important than human rights, the creation by anglo saxon ungulates. i think jfk hinted on those lines when he uttered his famous saying ‘ think of what you can do to the country…..’

    actually if the anglo saxon ungulates do not interfere in other countries (munge puka kahanawa – so they need to be busy everywhere) this world would be a far more peaceful place than the current situation. they mess up everywhere. the funny thing is that they are the worst war criminals and also treat their aborigines both in canada and in australia in non human rights manner, while preaching hr.

  3. Nimalsiri Perera Says:

    How good the SriLanka will be with Tamil brothers like KB ?

    With so many people reacting with anger than discussing things with love and compassion forums can become ugly. If people can be firm and truthful all conflicts can be settled.
    Problem is the majority of the Tamil population are not like KB, never talked truth – always have been selfish, neglecting Sinhala majority of the country.
    Some make very strange proposals, looks like mad people. Should not reply or argue with these lot.

  4. Voice123 Says:

    Well done Mr Balanathan. More Tamils are speaking openly against the fascist LTTE even in the West. We need an avalanche of criticism like this to “undistort” Western misconceptions! Drives of Sinhalese in the West must also come forward fearlessly like this instead if sitting like cowards criticising the government in power only.

  5. Lorenzo Says:

    Well said Bala!

    “Tamils are xenophobic about the majority Sinhalese and Indian Tamils in SL, and are totally intolerant.”

    I take offence!! :-p

    But this is the truth. Tamils are offensive even fellow Tamils calling them low caste.

    DEMILITARISATION demand comes from this intolerance.

    Army soldiers are the ONLY Sinhalese in the “Tamil” north. If they leave, WITH WHOM Tamils can have RECONCILIATION? Trees, stones, tombs, roads, stone genitalia?

    That is why MILITARISATION in the north is essential for reconciliation.

  6. cw Says:

    Thanks Kanthar. Could not agree with you any more. Keep up the good work. It is very clear that there is no problem there to find a solution.

  7. SA Kumar Says:

    Kanthar Balanathan
    My Thamil Brother
    Do you know Our Thesiya Thalavar from Valveddi Thurai ,Karayar family !!!
    one more thing no more Puli in Thamil Eelam (last LTTE killed on 19 May 2009)!

    So pass is passed ( include boomed in Gody’s No fire zoon) , shall we talk about present situation !!!
    What happing to your Thamil brother & Sister in mother lanka Now !!!

  8. LankaLover Says:

    Thank you a lot Kanthar Balanathan – a really enlightened human being and a great intellectual. My home was a gathering place of my father’s friends who were Muslims, Tamils, Burghers, and Sinhalese. He traveled with me in the North and the East when we were small. We had lot of respect for Tamil people, and their warmth. When my father’s friends visited Colombo from North, they used to stay at our place. We had a very joyful time with them, as we were looking forward to Palm Juggary, and other sweat-meats they brought and the laughs our parents shared with them. Having Tamil friends at school and as neighbours, we always treated them equally. The whole divisive sentiments were brought by few Tamil politicians who played politics on ethnic lines. Even having a 30 year war waged by a section of the Tamils against Sinhalese people, the Sinhalese people always treated the Tamils as their friends and brothers. Otherwise, Tamils would not settle in the South with the Sinhalese during the past 30 years. When we talk about this point, someone always try to bring the 83 July riots, and we all know that it was some mob – few brainwashed and confused thugs, and not the general population who resorted to those acts. Many years have passed and there was no single incident of general population of Sinhalese being violent towards the Tamils. Being Sinhalese, I do not want to be privileged than anyone else. I want to live happily ever after with my other ethnic groups. I want everyone to have equal opportunities – no favoritism. I hate politicians that play the ethnic card. I know my sentiments are same as the majority of Sri Lanka.

    As you rightfully mentioned, constantly distracting Sri Lanka by the West and India, makes the country unstable, and troublesome. It leads to hindrance of growth. As you mentioned, it is denying of basic human rights of a nation – a nation to live in peace and develop the livelihoods of its peoples. These nations ruin countries and the lives of millions of people to achieve their selfish geopolitical agendas. They are no iota of concern whatsoever about the human rights of these people being affected. They use UN and the other world bodies, and the NGOs as their tools to achieve their geopolitical objectives. They are all have become part of the machine. I remember the words ‘Economic Hitmen’ -not those Human Rights they falsely purported.

    Thank you again the enlightened being for speaking according to your heart!

  9. Voice123 Says:

    SA Kumar, “no more Puli in Thamil Eelam”. Perhaps but there are still FAR TOO MANY puligal in the West. Thamil brothers and sisters in Sri Lanka are doing just fine provided they want to live in peace with other ethnic groups.

  10. LankaLover Says:

    Those who read this, please visit this link of Mr. Kanthar Balanathan too http://nrnmind.blogspot.ca/2012_12_01_archive.html

  11. Nanda Says:

    LankaLover,
    I read link and FELT the truth.
    KB has revealed everything.
    I am much younger than him, but I was wondering why these Tamils are crying “discrimination” and my derivation from observed facts was identical to what Kanthar wrote, except I did not know that malabar etc existed until last year when my Tamil friend told me about his ansesrtral origins.

    This is a letter every Sinhala, Sinhela, Hela, Buddhist, non-Buddhist, AndiLingams( SA Kumar) and Lanka Muslims should read.
    Finally thank you so much for posting that link.

    P:S: – Kanthar sounds like “LORENZO” but wiser. Any relation between the two ?

  12. Nadesan Says:

    [Kanthar Balanathan
    My Thamil Brother

    So pass is passed ( include boomed in Gody’s No fire zoon) , shall we talk about present situation !!!
    What happing to your Thamil brother & Sister in mother lanka Now !!!]

    That is not Kanthar’s problem. Kanthar is only given the task of justifying what SL does to the Tamils and to say that all the Tamils are imbeciles of course except him. He is tasked to look at one side only and that is the assignment for this retired wise man who has apparently nothing else to do!

    Kanthar talks sense at times but his bias and commitment to one side (may be under contract) deprives him of speaking the truth, whole truth and nothing but the truth But as Tamils we are gifted with several of his kind. But ideally he should operate from SL being such a self proclaimed patriotic son of Mother Lanka. Who is taking whom on a good ride?

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