Shenali D Waduge

We are watching a miscarriage of justice unfold if we remain silent to the irregularities, illegalities, irreversible and irreparable damage likely to take place. Sri Lanka must not agree to any Tribunal that only covers 3 months or the last phase and ignores the whole period of the conflict. This is an affront to justice and a violation of Article 12 of Sri Lanka’s constitution granting equal rights to all citizens. No Tribunal can be implemented if it denies justice to victims of the same war. No Tribunal can pick a period and hold a trial covering that period to incriminate ex parte those they wish to slap as war criminals. Such partiality becomes a mockery of justice. No justice can come by excluding one party and going after the other ad hominem. Why has the entire global attention been focused only on victims of Sri Lanka’s military completely ignoring the victims of LTTE and Indian crimes in Sri Lanka? Until such time the UN/OHCHR commit to covering the entire period of the conflict including LTTE & Indian crimes as well as all players (individuals, organizations, countries & LTTE fronts culpable indirectly/directly) for 30 years of crime Sri Lanka’s public should refuse to accept any type of Tribunal.

Equality is granted to all citizens of Sri Lanka by its constitution

Right to equality.

12. (1) All persons are equal before the law and are entitled to the equal protection of the law.

Audi alteram partem – the World is bound to hear the story of the other side. All this while the world has only listened to LTTE propaganda – the voices of the victims of LTTE/India crimes have gone ignored.

Sri Lanka’s conflict is rooted in history. LTTE was created abroad by neighbour India. To fight against caste oppression was the initial reason Tamil low caste youth were enticed to take up arms. This part of the story never gets media attention but should. Thereafter, the movement for separatism via the Vaddukoddai Resolution was hijacked from high caste Tamil politicians who agreed thinking that militarily their objectives could be reached quicker. This is why Eelam & separatism are two sides of the same coin. To this is combined political opportunism both local and foreign. All these make up Sri Lanka’s story and for any TRUTH to emerge all these parts need to be taken out into the open. The victims are not just Tamils.

A tribunal cannot omit covering below factors.

Factor 1: Armed Militancy created by India

No Tribunal and no Truth can omit this single fact which needs to be brought out into the open. The Council of Foreign Relations clearly indicates that armed militancy was created by India in the 1970s. This means India was a state sponsor of terrorism. India enticed jobless low caste Tamil youth, brought them clandestinely to India, trained them clandestinely in armed war fare, funded and supplied them arms and instructed them to destabalize Sri Lanka. Details of these training camps, numbers of Tamil youth trained, who trained them are all available in the Justice Jain Commission report. The same country that created militants and kickstarted terrorism was also instrumental in saving the tiger leader they created and flying him to safety in India obstructing the Sri Lankan forces from capturing LTTE leader Prabakaran. Had the forces captured Prabakaran in 1987 the loss of thousands of military/civilian & foreign lives would have been saved. India must accept culpability for the act of creating terrorist movements to destabalize a sovereign nation and prolonging the end of a conflict India created. India must be held accountable for every death since sending armed militants from India to Sri Lanka to carry out terror. A tribunal cannot omit this all important and key fact.

Factor 2: Separatism

That Tamil Nadu’s separatism from India and Ceylon Tamil separatism from Sri Lanka are intertwined and part of the same plot needs to be categorically pointed out. It was Tamil Nadu that first began demand to separate from India and thereafter continued via Sri Lanka. Take all the Tamil political parties and leaders of these parties, do a content analysis of their speeches, party manifestos and you will find evidence that they do not propose to live in unity or harmony with other ethnic groups. They are eternally seeking mono-ethnic enclaves whilst holding the right to buy land, living, working and educating their children in Sinhala majority areas while selling the song that they are discriminated. This is with the future intention of amalgamating Tamil Nadu with Sri Lanka and annihilating the Sinhalese from Sri Lanka through land purchase and increasing illegal immigrants from Tamil Nadu. Statistics of these lies need to be brought out into the open.

Factor 3: Tamil Homeland

Anyone seeking TRUTH need to first deal with the question of the homeland notion. Therefore, both Sinhalese & Tamils will need to produce evidence. Tamils must answer why they had been previously referred to as Malabar Tamils because they came from India and reference to Ceylon Tamils came in only 1911. Malabar Tamils have no right to claim any homeland in Sri Lanka as the country was at no time under Indian rule.  Moreover, if Sinhalese had been living in the North & East far before Malabar Tamils arrived the whole argument of quoting ad hoc periods and using that to demand self-determination becomes a futile exercise. Tributaries/kinglets came under the Kandyan King who was the emperor that the colonials referred to as sole leader of the island. Quoting these non-independent kinglets has no argument for self-determination or self-rule. When Don Juan Dharmapala ceded the Kingdom of Ceylon that included Jaffnapatuna. If it was an independent kingdom as Tamils claim Don Juan Dharmapala would not have included it! Simple logic.

http://www.lankaweb.com/news/items/2016/02/20/demolishing-the-tamil-homeland-myth/

Factor 4: Caste issue

This aspect never gets highlighted but needs to because it was against caste oppression that LTTE & other Tamil youth first took up arms. It is why they started killing Tamils first (Alfred Duraiappah & Tamil police officers on duty and thereafter stealing from state banks) It was after getting armed training from India that they elevated themselves to killing Sri Lankan soldiers. Were these on orders from India! A question never answered but should be answered. While much pain is taken to project the notion of discrimination by the Sinhalese the caste divide among Tamils gets conveniently shoved under the carpet. How many are aware that Tamil high castes do not donate blood because they do not want low caste Tamils to have their blood? How many knew that it was the Sinhala soldiers who were providing blood to the Jaffna blood bank? How many knew that when SWRD Bandaranaike introduced the social disabilities act in 1957 enabling low castes to educate themselves, high caste Tamil politicians wrote to the British objecting and demanding that this Act be annulled! These are the very Tamil leaders seeking a mono-ethnic enclave to rule and ‘look after’ their own. The truth is that they want to return to feudal times and turn low castes into slaves again. This aspect definitely needs to come out into the open especially because if inspite of a mono-ethnic enclave established what will invariably happen is Tamils will start flowing into Sinhala majority areas causing another issue thereafter.

Factor 5 : No discrimination – No ethnic conflict

Anyone claiming that Sinhalese are discriminating Tamils must showcase where legislatively, legally & constitutionally Tamils are denied that which legally, legislatively and constitutionally is given only to Sinhalese. It is time a list of all privileges that minorities (Tamils, Muslims, Christians, Hindus, Islam) enjoy in Sri Lanka statistically as well as show economic levels of the majority & minority is produced.

Sri Lanka’s leaders are bound to correct the misconception that Sri Lanka suffered an ethnic conflict. All ethnicities live in harmony. It is the politicians, political groups, rebel movements and foreign funded mischief makers who create disharmony by planting false flag events whilst past incidents have all been with political patronage to advance a parties political agendas and have nothing to do with any disharmony. If there was discrimination how is it that the Opposition Leader is not only Tamil but the very same person whose party has been linked with the LTTE since its inception. Today, the Chief Justice is Tamil, the Central Bank Head is Tamil, the PM’s financial advisor is Tamil, the captain of the national cricket team is Tamil and Tamils have held state and private sector lead roles too.

Factor 6: Who funded LTTE / Who supported LTTE ?

From the time LTTE owned its first gun, held its first gun, fired its first shot a tribunal must come out with every person, organization, politician, foreign envoy, foreign nation, UN, Church and any other who played a direct or indirect role in supporting LTTE terrorism either materially, through passing technical or expert knowledge, financial support, campaign support, gave safe haven, provided medical assistance, appearing on LTTE stages, canvassing for LTTE etc. This list would obviously be a long one but the public has every right to know who and how many played a role funding and supporting LTTE terror.

Factor 7: Indian crimes in Sri Lanka

With the key accusation being the creation of armed militancy which makes India guilty of being a state sponsor of terrorism, India is next answerable for threatening a sovereign nation and forcing that nation to sign an accord (Indo-Lanka Accord) as well as change the country’s constitution to enforce the 13^th amendment and the provincial council system which was drafted by India for India’s benefit. India’s next crime includes the crimes committed by the Indian Peace Keeping Force crimes of which covers rape of 3000 Tamil women, training civilians to start an India-friendly counter force, arming other Tamil groups, killing civilians (Jaffna hospital massacre and indiscriminate shooting of civilians in various towns across North), chasing & killing Sinhalese & Muslims out of the North, setting up a pro-India culture among North by funding and placing pro-India Tamils in lead roles. Every crime must be brought out with these victims/their families given a voice.

Factor 8: LTTE crimes & who in LTTE should be held accountable.

The UNHRC/UNSG and numerous other foreign government funded groups are complaining about the killing of terrorist Prabakaran’s son, a terrorist cadre newsreader, supposed killing of the surrendered and white flags when not one of them speaks about LTTE’s inhumane killings of border villagers, farmers, children, civilians, public servants, politicians, Tamils, Sinhalese, Muslims, foreigners, bombing of public places, public transport, vehicles, banks etc or even the LTTE cadres, injured cadres, LTTE children who were killed mercilessly by the LTTE. The LTTE is made up of not only Prabakaran and the men who died in the final conflict but many others who were part of and had been associated with the LTTE. Therefore, notwithstanding the removal of some LTTE fronts from the UNSC 1373 resolution list of LTTE fronts and individuals, that these organizations & individuals were banned incorporating legal means suffices that they be held accountable for LTTE’s crimes since inception including all others who spoke on LTTE stages (in Sri Lanka & abroad), who attended LTTE meetings (in Sri Lanka & abroad) who wrote for and campaigned for LTTE in Sri Lanka & abroad must all be listed and held accountable once every murder committed by LTTE is brought into the open. Therefore no Tribunal can omit to investigate the start of LTTE terror to its end. It becomes a joke and a mockery of justice if we agree to UNHRC’s insidious plan to only cover 3 months of a 30 year conflict which is legally questionable as well. International judges would be insane to appear for a tribunal that covers a selected few months and take up case material that is produced only to declare one party as criminals. Such a hybrid court would end up in the world’s hall of shame in international law & legal justice.

Factor 9: Name & shame individuals / organizations / countries / envoys linked to LTTE terror

It is well & fine to pin point officers of the military if they had been functioning outside of the laws governing an armed conflict with non-state actors, however the Tribunal cannot omit from investigation every individual, organization, countries, envoys and even UN officials as well as Church hierarchy who had been associated with LTTE separatism and killings since inception. Justice must not only be done, but must be seen to be done (Nemo iudex in causa sua)

Factor 10: Equality / All guilty to be named and punished including foreign players involved

• UNHRC/UNSG or any other entity cannot call for accountability for alleged war crimes to cover only a selected period while ignoring the entirety of the conflict. The entirety of the conflict has to be covered
• UNHRC/UNSG or any others cannot give victim status to one party and deny that status to the other party’s whose sufferings are similar. Article 12 (Chapter 3 of Sri Lanka’s Constitution) grants equal rights to all before the law and equal protection. Please read Mr. Senaka Weeraratna’s article which clearly outlines this argument. http://www.asiantribune.com/news/2012/03/27/unhcr-vote-geneva-india-opens-can-worms
• Every individual/organization/ entity involved in terror must be named and investigated and the victims of these must be given relief through punishment of alleged perpetrators or reparations or both.
• There cannot be arbitrary selection of personnel for investigation & prosecution and indictment.
• Justice cannot be compartmentalized focusing on only one group while excluding the other.
• No retrospective justice can be accepted against a defined group of people with prejudiced agendas
• Arma in armatos sumere jura sinunt – Sri Lanka had every right to take up arms against the armed. Military solution came after 30 years of suffering, failure of peace talks, negotiations and failure by the UN and IC to offer any viable solution to stop killing and separatism of a sovereign country.
• Unfortunately all those who sit in judgement have some link or the other to the LTTE & those responsible for 30 years of Sri Lanka’s suffering and none of these have right to steer a tribunal against Sri Lanka – Nemo debet esse judix in propria causa (nobody can be the judge of his own cause)

We cannot agree to any kangaroo court that seeks to qui parcit nocentibus innocentes punit  – who spares the guilty and punishes the innocent.

Most importantly, there are allegations and even court cases challenging the legality of the UNSG Panel of Expert report, the Resolutions against Sri Lanka and the biased nature of the OHCHR/UNHRC. Until such time these allegations are investigated and cleared Sri Lanka should not agree to accept any type of Tribunal against Sri Lanka in particular if they propose to put a time bar and conveniently omits LTTE & Indian crimes that cover over 30 years.

Shenali D Waduge