Mahinda Gunasekera Tambrook Drive, Agincourt, Toronto, Ontario Canada
10 May 2019
Mayor John Tory
City Hall, 2nd Floor
100 Queen Street W
Toronto, Ontario
M5H 2N2
Mayor Patrick Brown
City of Brampton
2 Wellington Street West
Brampton, Ontario
L6Y 4R2
Dear Mayors John Tory and Mayor Patrick Brown,
Re: Proclamation of May 18, 2019 as “Tamil Genocide Remembrance Day”
I am writing as a
Canadian of Sri Lankan Sinhalese origin to express our deep disappointment and
disbelief on your proclaiming the 18th of May, 2019, as
Tamil Remembrance Genocide Day” on one
sided information presented to you from extremist members of the Tamil
community that extended support to the
internationally designated terrorist group known as the Liberation Tigers of
Tamil Eelam (LTTE) proscribed by the UN Security Council, USA, UK, EU,
Canada, and India amongst a total of 32
countries, and without consulting the other members of the Sri Lankan community
from the Sinhalese, non-
political moderate Tamils, Indian Tamils,
Moors, Malays, Burghers, etc. residing within your two cities.
We find that the
rules governing the issue of such proclamations strictly prohibit such where it
relates to: (1) Matters of political controversy; and (2)
Events or
organizations with no direct relationship to the City. Furthermore, this is bound to create friction
among the proponents and opposition within
the Sri Lankan community which has been striving to heal the
underlying differences and come together in amity and friendship. The word
‘Genocide’ has been defined by the
United Nations, and that august body has not considered the actions taken by
the security forces of the legally and duly elected government of Sri Lanka
against the internationally designated terrorist group known as the Liberation
Tigers of Tamil Eelam (LTTE) which was engaged in an armed insurrection including
suicide terrorism to break up the state of Sri Lanka, in order to establish a
separate mono-ethnic Tamil separate state called “Eelam” through a continuous
wave of death and destruction as coming within the scope of the term
‘genocide’.
We also wish to
point out the false statements presented by those requesting the issue of the
proclamations which apparently have been accepted without
question in your determinations:
(a (a) The Tamils are not recognized as a Nation, and form a part of the Nation
of Sri Lanka which is a multi-lingual, multi-religious state. The Tamil nation
exists outside Sri Lanka in the State of
Tamilnadu in South India where over 75 million Tamils live. In
fact, the Tamils were not even recognized as a distinct
ethnic group in Sri Lanka (Ceylon) till the census of 1911, as they were
previously regarded as the Malabars who had been brought as indentured labour
from the Malabar coast of India for work
in tobacco, coffee and tea plantations by European colonial powers.
(b
(b)The Tamils arrived as peaceful settlers around the 11th
and 12th centuries, whereas previously they only attempted to invade
the land to pillage and
plunder but were driven back every time from the small
pockets they captured by the indigenous
Sinhala people. In the 13th
century they succeeded in establishing a
small kinglet called Jaffnapatam confined to the Jaffna peninsula and a narrow
strip of land extending to Mannar on the northwest coast
paying tribute or taxes to the main
Sinhala king whose seat was in Kotte or Kandy.
This tiny kinglet lasted about 150 years till such time as the King of
Kotte sent a military expedition under the command of Prince
Sapumal to regain suzerainty over the terrain of Jaffnapatam. Tamils who were brought in
to grow tobacco by the Portuguese and
Dutch colonial regimes that held sway over the coastal areas from the 16th
to the 18th centuries were settled in the
northern and eastern areas where they came to form the predominant group in the
region. It was never the traditional
homeland of the Tamils as the
Sinhalese settlements predated the entry of Tamils by over
two millennia as the place names clearly establishes the Sinhalese ancestry in
the region. Even
today, more Tamils live outside the north and east amidst multi-ethnic communities
and make up roughly 12 percent of the total population.
(c (c) The
British took over the Dutch possessions in 1796 and the Sinhalese ceded power
in terms of the Treaty called the ‘Kandyan
Convention’ of 1815. The Sinhalese began
to resist the British who disregarded their treaty obligations and took over
the lands of the Sinhalese without a penny in
compensation. At this point, the British
colonial ruler commenced discriminatory treatment of the Sinhalese and favored
treatment of the minority Tamils under their divide and rule
policy. The colonial administration encouraged Christian missionaries to
establish schools in Jaffna and other Tamil areas with
few and far between for the others. At the time the British
left granting independence to Ceylon (Sri Lanka) in 1948, the number of First
Grade schools with
libraries and science laboratories in the Tamil areas exceeded that in the rest
of the country, as a result of which the Tamils came to dominate the public
service and professions. Following independence and transfer of
political power through the exercise of universal franchise to the Sinhalese who
comprised
78 percent of the population, and steps taken by the national governments to
open more schools and bring about some equity affected their
level of domination which was regarded as discrimination by
the Tamil community.
(d (d) It
is to the credit of the Tamil community that they have continued to hold
leading positions even after independence.
The first Ceylonese Army
Commander was Anton Mutukumaru who
was a Tamil, six of the twelve Deputy Inspectors General of Police, several
Judges of the Supreme Court, Heads of Government
Departments, senior Diplomats, leading members of every profession were from
the Tamil community. Every single government formed
after independence have had Tamils holding cabinet positions. Even
today, Tamils hold key positions in the government, supreme court, central bank
and other key institutions, making the
allegation of discrimination highly questionable.
(e (e) Even
many of those Tamils who destroyed their passports enroute to seek refugee
status in Canada, bypassing their original homeland of Tamilnadu
separated by just 25 kilometers of ocean
to which they are linguistically and culturally linked, approached the Sri Lankan
High Commission office in Ottawa to obtain travel documents
by the thousands to visit Sri Lanka the land which they claimed had persecuted
them.
(f (f) The Tamils who loudly claim discrimination at the hands of the Sinhalese
mounted a massive campaign against the ‘Prevention of Social Disabilities Act’
of 1957, as it would prevent the high caste Vellalas from
blocking the entry of so called low caste Hindus ( designated as untouchables)
from entering their temples or kovils to exercise their
fundamental right of freedom of worship
and entering schools to gain education.
One of the key leaders heading this
campaign was Mathematics Professor and Tamil separatist
politician C.Suntharalingam.
Influenced by the
‘We Tamil Movement’ of Southern India of the 1920’s to fight for an independent
Tamil state in India from the British, the Tamils in then
Ceylon withdrew from the Tamil Congress which was part of the National
Government formed immediately after independence to form the new separatist
party called the Illankai Thamil Arasu Kadchi (Tamil State
Party) in the year 1949 just one year after gaining independence. The Tamil
separatist movement continued to grow building
antagonism towards the Sinhalese and later formed the Tamil United Liberation Front (TULF) which adopted the infamous
Vadukkodai Resolution
in 1976 to form a Mono-Ethnic Tamil
Separate State called Eelam” encompassing the northern and eastern provinces
comprising 1/3rd of the land
area and 2/3rd of the nation’s coastline and oceanic economic zone
exclusively as a Tamil dominated state.
The resolution envisaged the
use of armed force to establish the separate state leading
to the formation of a number of armed Tamil militant groups to whom India provided
military training, funds and weapons to
destabilize her small neighbour of Sri Lanka.
The LTTE launched attacks on the other Tamil militant
groups to gain ascendancy and later became the leading terrorist group
employing suicide terrorism and coming to be recognized as
the ‘Sole Representative’ of the Tamil community including by the Tamil
National Alliance (TNA) elected to represent Tamils in the
National Parliament. Contrary to what
has been stated, it was the LTTE that carried out attacks against Tamil
political leaders, Tamil academics and
school principals, Tamil police officers including reputed Tamils such as Mayor
Duraiappa, TULF leader Hon. Amirthalingam, Rajini Thiranagama university
professor, Neelan Tiruchelvam leading
intellectual, the Hon. Lakshman Kadirgamar, distinguished Minister of Foreign
Affairs and a host of other Tamils
deemed dissidents to their cause. They have been
described as the most ruthless terrorist group by the FBI in their website.
Thereafter, the
LTTE began to attack the apparatus of the state responsible for internal
security, isolated military camps, assassination of political leaders
including Ranasinghe Premadasa, President
of Sri Lanka, Gamini Dissanayake, Presidential candidate,cabinet ministers
including Lalith Athulathmudali, C.V.
Gooneratne, Jeyaraj Fernandopulle, T.Maheswaran, the Navy
Commander Fernando, attempted assassination of Chandrika Kumaratunge, President
of Sri Lanka, Army Commander Sarath
Fonseka and Defence Secretary Gotabhaya Rajapakse. In February 2002, the
government of the day entered into a
Ceasefire Agreement
(CFA)with the LTTE appointing the Nordic countries to monitor the
situation, and commenced peace talks
using Norway as the
facilitator and the USA, UK and Japan along with Norway as
Co-Chairs of these talks. The LTTE did
not negotiate in good faith as they used the talks to buy
time to rearm and conscript youth including children to their fighting ranks –
which is a war crime, withdrawing from the talks after six rounds to seek their
goal through military means. According to the Nordic
Monitors, the LTTE had violated the CFA on over 7,000 instances including the
killing of more than 400 military and civil personnel
without incurring any penalties, whilst the Sri Lankan Military had been in
violation on about 450 occasions mostly relating to
harassment of civilians at military check points.
The LTTE also attacked economic targets such as the Central Bank, Petroleum Storage facilities, The
International Airport at Katunayake destroying six
commercial aircraft belonging to Sri
Lankan Airlines, and regularly planted bombs in public transit, shopping malls,
bus terminals, rail stations, killing large numbers of
civilians making the population fearful of going about their normal business.
They attacked remote rural villages in the north and east to
ethnically cleanse the
region and drive out the resident population from areas claimed for their
separate state. They even
attacked the holy shrine of
Buddhists at the Sri Maha Bodhi in Anuradhapura killing
about 140 including monks and lay devotees
who were engaged in meditation and other
devotional activities. They attacked a
bus carrying 33 Buddhist monks who were proceeding on pilgrimage at Aranthalawa
using machine guns and
machetes, and also bombed the Sri Dalada Maligawa in Kandy
which houses the Tooth Relic of the Buddha in the early hours killing about 20
worshippers and causing damage to this World Heritage Site
recognized by UNESCO. They attacked
Muslims at prayer in Kattankudy killing nearly 180 worshippers
inside their mosques. The killing rampages continued unabated
until such time as the state decided to combat force with force.
By mid-2005, the
LTTE had garnered a huge amount of funds through extortion of the Tamil expats
(vide HRW report of March 2016), drug running, human
smuggling and other illicit as well as legitimate means sufficient to buy
necessary weapons for their land, sea and air forces to launch their final war of
liberation and even
stockpile weapons in floating warehouses aboard ships parked off the main sea
lanes out at sea. They attacked unarmed military
personnel on home
leave for the new year and started hostilities in earnest by shutting
off the sluice gates at Mavil Aru in August 2006 stopping the flow of
drinking and irrigation water to 30,000 farmers living
downstream. The Sri Lankan state called on the Nordic
Monitors to intervene to restore water, and as the LTTE
refused to do so for over 12 days, the government ordered the military to act
with force to resume the water supply.
The Sri Lankan state
abandoned the CFA and
carried out coordinated action by its security forces to rout the LTTE by
retaking the east, and then moving up the west coast
evicting the LTTE
military camps causing them to retreat.
As the LTTE forces retreated towards their
strongholds in the northeast they forced the Tamil civilian population to move
with them from west to east to exploit
their labour, conscript new fighters and form a human shield. The battle progressed rapidly with the LTTE
losing ground and fighting cadres till they became
completely surrounded by the Sri Lankan forces in a narrow strip at
Putumathalan, in Mullaitivu district beside the Nandikadal lagoon.
Contrary to what is claimed as genocidal attacks by
the Sri Lankan forces, the number of genuine civilians killed is unknown as
none of the published
figures distinguish between combatants, LTTE Auxiliary
Forces Personnel, and genuine non-combatant civilians. The UN Resident
Representative’s office in Colombo reported that a total of
7,721 were killed between end August 2008 and May 13, 2009 which number the
UN Under Secretary General for
Humanitarian Affairs,
Sir John Holmes, did not accept stating that it could not be verified as the UN
was not on the ground other than lower rung Tamil
employees whom the LTTE refused to release.
Amnesty claimed a total of 10,000 being killed, the UK Sunday Times
reporter who only overflew the last
battle ground when he accompanied UNSG Ban ki Moon on his
inspection tour on May 25, 2009 reported that 20,000 had been killed in the
last stages (i.e. January 1 to May 19, 2009), while UNSG’s
so called Panel of Experts on Sri Lanka sitting in New York estimated tens of
thousands of persons being killed
estimated at 40,000, the same number reported on by the Int’l Crisis Group. The UNSG’s PoE received its
information from some 4,000 persons, mainly
Tamils living outside Sri Lanka, instructed
that the data collected be locked up for the next 20 years till 2031, when
a decision would be made to release
same or keep these locked for a further period. Gordon Weiss who was the UN Spokesperson in
Colombo later inflated the number killed to 40,000 in his
book “The Cage”, which number he lowered to 10,000
when he was being questioned
by a Sri Lankan audience in Australia, probably with a view to profit
from his book sales to members of the expat Tamil community
numbering over a million. He has been described elsewhere as an Unreliable
Witness. That pro-LTTE reporter Frances
Harrison is still counting the dead, having stated that 70,000 to 140,000 may
have been killed. Yasmin Sooka who was appointed by Ban ki-Moon as
one of the three members of the Panel of Experts on
Accountability on Sri Lanka, close friend of Navi Pillay, who is also a
South African Tamil just like Navi P, who attends all
the propaganda meetings organized by the pro-LTTE groups is on the same page
as Frances Harrison claiming over 110,000 persons being
killed in the last stages. She certainly benefited by her openly partisan
stand, receiving a grant of 25 million Euros from the EU for a South African
NGO headed by her.
In 2012, the Government of Sri Lanka (GOSL) carried
out a census among the residents of the north to determine the number of persons
who had been killed in
the final stages using Tamil school teachers and public servants as enumerators
and arrived at a figure of 7,432 excluding those who had died of
natural causes. Strangely, on adding up
the monthly number of such casualties reported in the propaganda arm of the
LTTE, namely the Tamilnet, the total killed for the period
January 1, 2009 to May 19, 2009 was 7,398 which was below the GOSL census
count.
The UNSG’s PoE which claimed 40,000 had been
killed also stated that half the LTTE fighters did battle in civilian attire
thereby blurring the distinction
between combatants and civilians. Furthermore, they had
based their conclusions mainly from one sided information provided to them
by pro-LTTE
elements, which material they recommended be locked away for
a period of 20 years till 2031. Today, Sri Lanka is being hounded by the
west and the UN on the basis of this
report produced by the UNSG’s PoE, an internal document prepared purely for the
guidance of the UNSG, which concluded there were ‘credible
allegations’ – not credible evidence, which was apparently leaked by the UNSG’s
office to the UNHRC, which Navi Pillay sought to table at the
UNHRC sessions although it was not a UN
sanctioned document.
Another interesting statistic is the total number
of injured persons among the Tamil IDPs according to the ICRC responsible for
ferrying them by land and sea for medical
attention was 18,439 which is lower than the 40,000 supposedly killed
during the last stages. Normally, the injured (WIA) is between 2-3
times the number killed, which means that
the number injured should have been 80,000 – 120,000.
Amnesty and HRW
commissioned a report from the American Association for the Advancement of
Science (AAAS) to determine the number killed after
analysis of the high resolution satellite
imagery of the final battleground, as the latter were only able to come up with
a total of 1,346 burial spots in
three burial sites within the Civilian Safety Zone (CSW),
which detailed report is carried in their website. As this report did not support the bogus numbers
swirled around by LTTE
propagandists, Amnesty and HRW did not proceed with their planned report to
press for action against Sri Lanka. The AAAS report was
also able to identify some 65 or so craters which they determined had been made
by Mortar Shells (not artillery) along the perimeter of the CSZ close
to the Nandikadal Lagoon where the LTTE fighters were
concentrated and close to the coast where the Sea Tigers operated. Even the
buildings without
roofs initially thought to have been targeted with artillery fire turned out to
have been dismantled by the LTTE to cover their bunkers or hide their long
range weapons, while
the building walls remained undamaged.
The, while tSri
Lankan forces abandoned air attacks and use of Artillery/MBRL in the latter
part to prevent harm to the civilian population, while they faced a
continuous barrage of artillery and
mortar fire from the LTTE resulting in the loss of around 2,500 soldiers and a
further 5,000 or more becoming injured. The LTTE too would have
lost at least an equal number of combatants due to the
intensive battles at the end stages. If one takes out 2,500 from the UN
number of 7,721, one is left with 5,221. Of this number,
several were killed by the LTTE which ordered their cadres to fire on
escaping civilians, and even unleashed suicide bombers
and artillery fire on the escaping civilians who earlier
formed a human shield. Some others killed would have been members of the
LTTE’s Auxiliary Forces that supplied ammo, removed injured
and dead fighters, or were engaged in digging trenches or building defensive
berms, and yet others from the Makkal Padai, their civilian
fighters. Once you adjust for the LTTE’s own killings, auxiliary forces
personnel, Makkal Padai forces that were killed, you will be able to
ascertain the number of genuine civilians who were killed in
the crossfire and ongoing battles.
The LTTE was offered several chances to surrender
but they did not pay any heed as they expected the international community
led by the USA to
intervene in the ongoing battles and
rescue them and obtain asylum for them in an African country such as Eritrea
from where they could continue their
separatist struggle in Sri Lanka. In fact, two 48 hour ceasefires were put
into effect by the Sri Lanka military in February and April 2009 to enable the
civilians to get out of harms way and move into areas controlled by the
army where they would be safe. However,
regrettably the LTTE did not allow any of the civilians to
move out and even fired on those who attempted to flee killing them, effectively
blocking the safe removal of the civilians who were being
used as a human shield. Despite the attempts of the LTTE to put the lives of
the Tamil civilians in danger, the Sri Lankan Security Forces succeeded in
eliminating the Tamil Tiger fighters and rescuing 295,873 Tamils including some
11.800 former Tiger cadres that downed their weapons to safety. They were
housed in Welfare Camps, provided all meals, medical/
psychological care, education, vocational training, and resettled in their
former places of residence after clearing the land of 1.5
million landmines laid by the LTTE to hamper the advance of the country’s armed
forces. The former Tiger cadres were
enrolled in a rehabilitation program,
given new life skills that would enable them to lead independent lives and
released to society. ARE THESE ACTS OF
GENOCIDE AGAINST THE TAMILS?
The Justice Maxwell Paranagama Commission on Missing
Persons in Sri Lanka was assisted by a team of international legal and
military experts in matters relating to International
Human Rights Regulations, and War Crimes issues in respect of the military
operations against the LTTE, where they concluded that
the Sri Lankan forces had not violated International HR or committed war
crimes. These experts
were internationally recognized authorities, many of whom
had served as legal advisers or prosecutors in the International Criminal Courts. The team of experts was led by Right
Honourable Sir Desmond de Silva, QC. (UK)
who was Chairman of the Legal Advisory Council, together with Professor Sir
Geoffrey Nice QC. (UK), Professor David M. Crane (USA), Mr. Rodney
Dixon, QC. (UK/ South Africa), Professor Michael Newton
(USA) Vanderbilt University, William Fenrick (Canada), Professor Nina Jorgensen
of Harvard/ The Chinese University of Hong Kong, Mr. Paul K.
Mylvaganam (UK) and Major General Sir John Holmes, DSO, OBE, MC (UK).
Given the facts
as outlined above, we call on Mayor John Tory of the City of Toronto and Mayor
Patrick Brown of the City of Brampton, and the Councillors
of the respective Cities to review their decision and withdraw the subject
Proclamations made based on one sided and erroneous information.
Yours sincerely,
Mahinda
Gunasekera