2 December, 2021

Blog

Steps Toward Justice For Tamils

By Lorenzo Fiorito

Lorenzo Fiorito

A “crimes against humanity” case, announced on October 27, captured Tamils’ attention globally when it was filed with the Chief Prosecutor of the International Criminal Court (ICC). In an e-conference on November 6—one week later—Canada’s first MP of Tamil origin, Rathika Sitsabaiesan, pointed to possible pathways towards justice for the White Flag incident. She listed options that included bringing the Tamil de facto state into the scope of war crimes charges, and referring to the Genocide Convention.

Evidence both in the ICC submission, and in the White Flag incident, implicates Gotabaya Rajapaksa, current President of Sri Lanka.

The ICC submission accuses Gotabaya Rajapaksa (along with other defendants) of crimes against humanity such as deportation, persecution, torture, and violation of the right of return. These accusations are backed up by numerous reports from Amnesty International, Human Rights Watch, and the United Nations.

In an interview on October 28 (recording available below), Wayne Jordash QC of Global Rights Compliance emphasized that—although the legal process might move slowly and the outcome was difficult to predict—in a best-case scenario, convictions would result in life sentences. The recent ICC case involving the Rohingya’s deportation from Myanmar to Bangladesh could serve as precedent, giving the Court jurisdiction to examine evidence in the case. Jordash had previously participated in that case.

During her keynote speech, former Canadian MP and current business professor Rathika Sitsabaiesan noted that Gotabaya has also been accused, via command responsibility, of crimes committed during the White Flag incident. On May 18, 2009, 103 LTTE fighters and their families (including 29 children) were either extrajudicially killed, or made to disappear, while attempting to surrender.

A UK Channel 4 news report from 2011 points to Gotabaya—then Sri Lanka’s defence minister—as having ordered Brig. Gen. Shavendra Silva to “finish the job by whatever means necessary.” Silva, Sitsabaiesan noted, is now persona non grata in the USA.

Sitsabaiesan then pointed out that, according to Article 41(b) of Additional Protocol I (AP-I) to the Geneva Conventions, killing surrendering fighters is a war crime. However, AP-I only applies when the conflict is an international armed conflict (IAC)—a war between two states.

The former MP went on to quote a statement by former Sri Lankan President Chandrika Kumaratunge, reported in The Hindu on April 12, 2003, that “the Liberation Tigers of Tamil Eelam (LTTE) has established a ‘de facto separate State’ in the north of her country and in parts of the east since entering into peace talks.”

She additionally cited a 2007 article in The Economist, and an academic work entitled “Building the Tamil Eelam State: Emerging State Institutions and Forms of Governance in LTTE-controlled Areas in Sri Lanka” by Oslo-based human geographer Kristian Stokke. Both articles described a “de facto state” belonging to Tamils.

Given that such a de facto Tamil state existed within recent memory, the conflict was, arguably, an IAC. This perspective, argued Sitsabaiesan, could allow the killing of surrendering Tamil political leaders and fighters during the White Flag incident to be prosecuted under the Geneva Conventions.

Sitsabaiesan furthermore highlighted that, even though Sri Lanka had not ratified the more recent Rome Statute establishing the ICC, the state had ratified the Genocide Convention, which came into effect in the 1950s. She then referred to case law from the European Court of Human Rights, the Drélingas v Lithuania case from March 12, 2019, which identified the crime of ‘ethno-political genocide.’ In this case, the court found that killing two members of a political organization, which defended a national group, was an act of genocide. She raised the possibility that this finding might be applied to the White Flag incident.

During his interview, Jordash was clear: the evidence in the ICC submission (submitted on behalf of 200 victims who reside in the UK) is extremely sound. He stated, “You’re talking about the most serious crimes that are prosecuted in international courts and that are prosecuted in national courts….you’re talking about leaders who are at the top of the chain of command, top of the chain of authority, who are most responsible for these crimes.”

When asked about other possible routes for justice, for victims and survivors on the island, Jordash said, “There’s principles of universal jurisdiction. That may be the starting point, in the sense that countries have obligations to investigate and prosecute certain crimes—crimes which effectively are considered…to be…universal…i.e. that they are so serious and so grave that every country has the obligation to investigate and prosecute those crimes if they have the evidence….Countries should investigate and prosecute these crimes because they concern the world.”

Sitsabaiesan stated: “If we want to get justice for the White Flag incident, let’s call things what they are. Let’s say openly that Sri Lanka, and the world, once recognized a separate state for Tamils. And let’s use that fact to get justice for those maaveerar (freedom fighters) who were murdered, and those made to disappear, in cold blood—on the orders of Sri Lanka’s currently sitting President.” She ended her speech with a call for unity against anti-terror legislation that criminalizes Tamil political expression, and advocated a referendum to determine Tamils’ political will.

The interview with Jordash:

*Lorenzo Fiorito (LLM) is a lawyer and Tamil human rights activist based in the UK.

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Latest comments

  • 7
    3

    Rathika Sitsabaiesan is making her presence felt in the international scene. Would her arguments be convincing enough for ICC to agree that a de facto Tamil state existed.

    • 6
      12

      “de facto Tamil state”?
      Is it nostalgia for Thambi’s good old days gone by?
      Don’t be pathetic.

      • 14
        3

        SJ,
        Who are you to say that good old days gone by? It has now worsen than that of good old days? Its already pathetic situation with De facto Chinese State, De fact Indian state and De facto USA state?

        • 7
          7

          A
          Who are you to ask any one who he/she is to say anything.
          *
          The LTTE is gone for good, only the nostalgia remains.

        • 5
          1

          Ajith

          “Its already pathetic situation with De facto Chinese State, De fact Indian state and De facto USA state?”

          As far as Hindians are concerned Sri Lanka is the Sinhala state of Akhand Bharat. North East will be part of Thamilnadu.
          I know pro Maoist like SJ will be disappointed.

          When the time comes, you will be surprised, all anti Hindians pro Maoist will have to chose between Hindia or China, in other words between Hindia and China.

          • 5
            1

            Ajith

            When the time comes, you will be surprised, all anti Hindians pro Maoist will have to chose between China or Hindia, in other words between devil and the deep blue sea.

            • 3
              1

              “between the devil and the deep blue sea.”

              Or, we’ll have to get used to living on moving ground …….. like the people on Lake Titicaca ……. chased away by invaders and living on reeds ………

              I don’t mind living on shifting ground as long as my neighbours are Eagle Eye or Soma ………. they’ll be solitary lonely figures without much visitors …….

              But if it’s Old Codger …….. with his charm and popularity with the ladies …….. it’ll be well-nigh impossible to catch a wink of sleep in the night ……. with all the reeds moving to the rhythm of bedsprings ……….

    • 1
      0

      No need to group us the srilankens as ” sinhala ” ” tamils” ” muslims” and others, however, we are all as srilankens not treated well by any successive govts.
      :
      Today, srilanken judiciary ‘s key is on the hand of incumbent president. But in the same time, the real humanist to all eyes, none other than, Mr Ranjan Ramanayaka just because of stand against GROUND reality of the judiciary…. is being imprisoned. In the same time, those who steal over 160 millions of US dollars, in the forms of PANDORA papers or any other means, continue as LEADERs of the country. How can this be ? if PEOPLE s mind set is not UPSIDE DOWN ?
      .
      Entire world is in the COMMON opinion that RAJAPAKSHES should be jailed for all various high crimes they committed until 2015. All those crimes and the information were not overlooked to anyone with some knowledge about the country and nation. However, PEOPLE were caught by the TRICKs played on them, misleading them by HIGHLY abusive TV channels such as ” HIRU TV” and “Derana TV”.
      A man who is said to have lived decades long in the US- WHERE democracy is
      highly resecpted..
      .
      1) Released highly convicted high criminals such as brother of HIRU TV channel owner
      .
      2) Those who are convicted to be in prisons are given chances to free move…. just because they would do anything and everything to SLPP chinthanaya
      .
      3) The man, who gave them the shelter to mobilise, with LOWER educational qualifications, Muruththettuwa CHeeawardariya is appointed as ” VC” of UOC.
      .
      The records earned by UOC will be damaged…. and I dont think under Muruththettuwa or the like idiots, any intelligent Prof s would want to work …

  • 6
    8

    It is true that Gota had committed war crimes. But Rathika Sitsabesan was wrong in including a clause ‘once recognized a separate State for Tamils’. She should bear in mind that the separate State was not demanded by the Western Province and the Hill Country Tamils. India which drafted the Indo-Sri Lanka Peace Accord was fully aware of the provisions of the United Nations Charter as well as the spirit of SAARC. No doubt, there should be unity against anti-terror legislation that criminalizes Tamil political expression. But the Tamil political leaders & the LTTE were not far-sighted & had forgot the alternative to the 13th Amendment. What is vital is an Independent Territory within the Union of India in accordance with the Indian Constitution, would have been an alternative remedy which would have satisfied the aspirations of India. It should be observed that there are two Tamil-speaking regions i.e. Tamil Nadu & Pondicherry in India. India will not tolerate another separate State for Tamils as it is likely to create problems to the sovereignty of India. The Muslims in Eastern Province had links with Islamic terrorism in Kerala and Bangladesh. It is against this atmosphere every country had decided to wipe out LTTE once & for all.

  • 3
    17

    All activities coming under “reconciliation” must be suspended until these investigations are completed and perpetrators are duly punished.
    .
    A parallel process must be launched by Sri Lanka to investigate Tamil terror of 30 years.
    Those promoted LTTE as the sole representatives of Tamils must be indicted over command responsibility.
    .
    A SEPARATE state for all Tamil speaking people scattered across the island must must be given due consideration.

    Soma

    • 11
      2

      soma,
      What? Reconciliations? Where is it happening? You mean the task force by Gnanasara Thero? What about Sinhala terror from 1948 to 2021 (73 years)?

    • 6
      3

      soman

      “Those promoted LTTE as the sole representatives of Tamils must be indicted over command responsibility.”

      You are right, how about those who aided and abetted LTTE, the Sinhala speaking opportunists, those who sold army provisions, boots, vehicles, ….. batteries, …. Premadasa and his b***s carriers, the Clan and its b***s carriers, the armed forces, the middle men, bagman (criminals who perform deliveries and run errands for other criminals.), the general who brought VP’s family from Scandinavian country back to the island, ……………………… in that process those made money, …..

      Don’t you see the problems?
      Carry on with it.
      I will be right behind you.

  • 3
    11

    Not just Tamils, others need justice too.

    Only workable solution is to create independent nations of Tamil Elam, Muslim Elam and Sinhala Only Elam and relocate people.

    Everyone will have a nation of their own where they can sort out their justice, etc. matters very well.

    Until then no one will have justice, etc.

    • 7
      2

      Where is the map?

      • 3
        10

        And where are the “Tamils”?
        .
        Most importantly who are the Tamils:
        Are they
        all Tamil speaking people scattered across the island irrespective of their religion, caste or the date of arrival
        OR
        only Hindu/Christian Tamils in Jaffna?

        Soma

        • 8
          2

          somam

          “Most importantly who are the Tamils”

          All those who claim to be Tamils, Sinhalese, Muslims, Tamil and Sinhala speaking …………….. essentially the descendants of Kallathonies from South India, including you.

          • 5
            3

            “Most importantly who are the Tamils”

            The Tamils are a people, no different from you and I, trusting the assurances of their government, moved into a narrow strip of land for protection ….. and then indiscriminately shelled and bombed to pieces and massacred ……..

            The question is ……. would the majoritarian government done the same ……. if they were fellow Sinhalese civilians?

            Whose guess is not good as their certainty?

            Any takers?

        • 2
          2

          soma,
          The same question to you.
          Who are the Sinhalese? Who are the Buddhist Sinhalese? American Sinhalese, Australian Sinhalese? Italian Sinhalese, Chinese Buddhist, Indian Buddhist, Burmese Buddhist?

          • 2
            0

            Ajith
            Whom are you asking a ‘solution’ for?
            We are fine.

            Soma

        • 3
          0

          S
          It is best to let each individual or group define his/its identity.
          You insist on imposing Tamil identity on Muslims who firmly reject it.
          Why don’t you seek Muslim opinion on the subject?
          *
          The Hill Country Tamils assert a distinct identity and the government does not even grant them the right to land or home or even address quite often.

          • 1
            2

            SJ
            A political solution is sought for Hindu/Christian Tamils in Jaffna.
            Is that right?
            What is TNA’s definition of ‘Tamil Nation’?
            What percentage are they of total population? Of Tamil speaking people?

            Soma

    • 4
      5

      Hindu/Christian Tamils and Islamic Tamils should forgo their differences and unite as one for the purpose of winning a SEPARATE Homeland for Tamil speaking people scattered across the island, majority of whom are trapped within Sinhala majority provinces and continuously subjected to discrimination and harrassment by the Sinhalese.

      Soma

      • 1
        1

        Do you not think that the Sinhalese will not unite with any of them?

        • 2
          0

          The Sinhala common man is not the one that discriminates.
          The instigation is from above, and the middle class is most parochial among all nationalities.

        • 0
          1

          SJ
          The ball is on their court.
          .
          Tamils ( all Tamil speaking people) must be given the right to a SEPARATE Homeland OR the right to live anywhere as at present.
          I always beg behind the Tamils to choose the second option.
          I wish to repeat that the choice must be offered to them.
          Sinhalese must firmly refuse the right to a separate Homeland AND the right to live anywhere which I call the holiday resort model of Tamil Eelam.

          Soma

          • 0
            0

            SJ
            In your opinon if a referendum is held for a SEPARATE Homeland which way the Tamils presently in Sinhala majority provinces would vote?

            Soma

    • 5
      8

      GATAM,
      Only some Tamil and Muslim politicians are dreaming of having their mini-Kingdoms in Sinhale. Ordinary Tamil and Muslim folks are happy to live with Sinhalayo in a Unitary State. If those who are not happy with the decision taken by their ancestors to settle down in Sinhale and live with indigenous Sinhalayo peacefully in a Unitary State they can use the ‘Saloon Door’ fixed to their country by indigenous Sinhalayo and walk out. Sinhalayo did not invite Tamils or Muslims to their country.

      • 4
        1

        Sinhalayo did not invite Tamils or Muslims to their country…
        Yours is a stupid reflection of your ignorence. Please google :
        “Kumari Kandam the lost Continent the remains of which is Sri Lanka” and you will learn that the forefathers of we Tamils lived in Sri Lanka over the past 10,000 years. If you study the Geological evidence of your ancestors, the Sinhalese, you will learn that you came from Telangana and not North India. So you better set right your knowledge of history.

    • 4
      1

      Keep on advocating for an Islamic state for your fake Arab largely low caste Dravidian refugee converted Dravidian Thamizh immigrants from what is modern Thamizh Nadu and Kerala, who only arrived on the island a few centuries ago, and in Thamizh east as refugees fleeing Portuguese and then Chingkalla persecution, from the then Thamizh north-west coast. You will never get it. There was no Islamic homeland or Muslims ruling anywhere on the island. You migrated from India and spread lived amongst the Chingkallams and Thamizh. Certain areas of the east have now Islamic Fake Arab pocker high concentrations due to the higher birth rate amongst the Sri Lankan Muslims compared to the Thamizh and Chingkallams, and due to deliberate large scale killing and ethnic cleansing of the indigenous Thamizh in the east. There are already three Islamic beggar states in South Asia ., Afghanistan, Pakistan and Bangladesh, all exporting Islamic terrorism and extremism to the rest of the world and now all we need is another Islamic Wahabbi/Salafist fake Arab state, on the southern coast of India for fake Arab converted Indian Thamizh refugees, who only arrived on the island a few centuries ago and now strangely claiming for an Islamic state only in Thamizh areas, where only 28% of them live and share the same language, ethnicity and culture as the rest of the Thamizh.

  • 4
    7

    Mr. Lorenzo Fiorito
    .
    +51% of Tamils consider Sinhala Buddhist society is superior to any Tamil only enclave:
    1)
    Despite intense, unrelenting propaganda of discrimination, violence, loot, rape, murder or even genocide not a SINGLE TAMIL FAMILY who lived among the Sinhalese in the South during or after the war has relocated the residence to Jaffna.
    2)
    Tamil politicos who promoted LTTE as the sole representative of Tamils carried out their political activities while living within the enemy.
    3)
    When arrangements were made for the Tamils in the upcountry to relocate themselves to India so that they can live as equal citizens among their own kith and kin in an environment of their own language, religion and culture they protested and demanded to continue that pathetic life in Sri Lanka. To this day they are happy here than going back to super power India.

    Soma

    • 7
      2

      soman

      “+51% of Tamils consider Sinhala Buddhist society is superior to any Tamil only enclave:”

      Evidence please.

      • 2
        5

        Native
        Evidence:
        1)
        Despite intense, unrelenting propaganda of discrimination, violence, loot, rape, murder or even genocide not a SINGLE TAMIL FAMILY who lived among the Sinhalese in the South during or after the war has relocated the residence to Jaffna.
        2)
        Tamil politicos who promoted LTTE as the sole representative of Tamils carried out their political activities while living within the enemy.
        3)
        When Thalaivar was ruling Jaffna the only ambition of a Tamil mother was to sell/pawn her jewellery/land and send her down into the enemy territory.
        4)
        When arrangements were made for the Tamils in the upcountry to relocate themselves to India so that they can live as equal citizens among their own kith and kin in an environment of their own language, religion and culture they protested and demanded to continue that pathetic life in Sri Lanka. To this day they are happy here than going back to super power India.
        5)
        WHENEVER SOMA PROPOSES A SEPARATE HOMELAND FOR ALL TAMILS SCATTERED ACROSS THE ISLAND TAMILS ( WITHOUT EXCEPTION) ON COLOMBO TELEGRAPH GO LIVID, LOSE ALL SENSE OF SIMPLE LOGIC AND SHED ALL THEIR PRENTIONS WITHOUT SHAME BARING UNADULTERATED HYPOCRISY.

        Soma

      • 3
        1

        Even as per Choma’s Sri Lankan government statistics 51% of the island’s Thamizh both Indigenous and Indian origin live in the north and east. 70% of the indigenous Thamizh live in the north and east and 90% of the rest live in the greater Colombo area or along the north-west coast, that was Thamizh a century or two ago. 90% of the Thamizh living amongst the Chingkallams are the Indian origin Thamizh, who have always lived there for centuries and even here the vast majority of the Indian origin estate Thamizh live in the Nuwara Eliya district that is 75% Indian Thamizh and is basically a Thamizh district, as it was carved out of virgin forest lands to create tea estates

    • 6
      0

      Prabhakaran is a freemason and still alive.
      The LTTE leadership are all masons.
      Quite a few of them proved this by joining the masonic sinhala leadership (Karuna, Pillayan etc)
      The others were allowed to slip out of the country at the end of the war.
      The SL government showed a dummy and claimed it was Prabhakaran. They also claimed they did a DNA test and verified him locally (not possible in SL at that time as such facilities didnt exist). They kept changing the story about his death.
      Real crimes were committed against tamil civilians and there is the ongoing theft of their land in the NE.
      That is where the focus should be. Not on this white flag thing, which is nothing but a decoy and a distraction.

      • 3
        2

        ‘Prabhakaran is a freemason and still alive’
        .
        Humble, try Alprazolam (also sold as Xanax), it might help you

    • 4
      1

      Soma
      +51% of Tamils consider Sinhala Buddhist society is superior to any Tamil only enclave
      ————
      Oh yes! The ‘superior’ Sinhala ‘Aryan race’

  • 3
    9

    MY DEAR EALAMIST BROTHERS AND SISTERS.
    There is only one way forward for you.
    Organise an intensive campaign under the leadership of Wingeshwarn and TNA directed at all Tamil speaking people presently living outside North East encouraging to relocate themselves into the would-be Homeland.
    If and when such an effort would show any trace of success and my Tamil brothers and sisters starts leaving us that day I will feel ashamed as a Sinhalese and join you as an active partner of your struggle. I will apologise for destroying your military wing.
    (Disagreement to such a proposal demonstrates shameless inferiority complex of Ealamists)

    Soma

    • 6
      3

      We also want Nuwara Eliya greater Colombi and large parts of the northwest coast as part of the Thmizh homeland. All these areas have a Thamizh speaking majority. If Chingkallams can now claim ethnically cleansed Thamizh lands like Amparai, Padaviya and Kantalai, where Chingkallams was only settled by the Sri Lankan state 40-70 years ago, then Thamizh has every right to claim these predominantly Thamizh speaking areas, that were once part of the Thamizh homeland, a few centuries ago, or in the case of Nuwara Eliya, a district largely created from virgin forestland and then settled with Thamizh. This beautiful district and its tea estates are the creation of the Indian origin estate Thamiuzh and no one else. Their blood sweat and tears created this scenic beautiful district from the virgin forest and the British and Chingkallams only benefitted from this. The Indian origin estate Thamizh are the true owners of this district. What is good for the Chingkallams is good for Thamizh too Choma. One law one country, Not one country and one law for Chingkallams and another law for Thamizh

      • 2
        5

        Pandi Kutti,
        Sinhale is the Land of Sinhalayo and Vedda Eththo. Tamils are bogged down in ‘Vadukkodei Resolution’ mud-hole that contains a fabricated history of Sinhale. Try to come out from that mud-hole and face the truth.

        • 2
          0

          Eagle Blind Eye

          “Sinhale is the Land of Sinhalayo and Vedda Eththo.”

          It is not true.
          Sinha Pura in west Bengal.
          Sinhale settlements in Thanjaur.

      • 1
        3

        Pandi Kutti
        Elam map of Thalaivar did not include those areas. If only he asked them we could have considered.

        Soma

        • 2
          1

          Thalaivar’s map included the entire north east and the Puttalam /Chilaw coastal region. Did not include Nuwara Eliya or Greater Colombo. However if Chingkallams dmeand Kantalai and Amparain in the east , where they were settled only in the past 40-80 years on ethnically cleansed Thamizh lands then Tyhamizh have every right to demand Nuwara Eliya district that was carved out of virgin jungle land by Indian origin estate Thamizh and occupied by them since them and greater Colombo , that is now predominantly Thamizh speaking and was once part of the Thmizh homeland. The name Colombo is Thamizh derived and Thamizh have been living here for centuries. One law one country. What is good for Chingkallams should be good for Thamizh too. You cannot have one law for Chingkallams where they ethnically cleanse Thamizh lands using state power, then settle Chingkalllams , change place names in the past 40 years and claim it as theirs , but Thamizh speakers who have legally arrived and have lived in certain southern areas as a mjaority ,. like Colombo , Nuwara Eloiya cannot claim these lands as theirs.

      • 1
        2

        PK, with comments like this…
        .
        ‘We also want Nuwara Eliya greater Colombi and large parts of the northwest coast as part of the Thmizh homeland’
        .
        one can understand how, in the Sinhala psyche, people like Ven Gnanasara are proved right time after time. One can understand the Sinhala fear of domination from S India and the extinction of the race. One can understand why the 59m
        voted the way they did.
        .
        But they need have no fear. None of this will ever come to pass. You will still be the losers you always were.

      • 2
        2

        ‘We also want Nuwara Eliya greater Colombi ‘
        .
        PK who is this ‘we’ you are referring to? Are you the new sole representative of the Tamil people? Humble, watch this turd burglar, he appears to be a freemason too.

        • 2
          1

          Why if Chingkallams can illegally use state power and the armed forces and police, to ethnically Thamizh and settle outside Chingkallams on their land, change ancient Thamizh place names to Chingkallam, all within the past 30-60 years and then claim these lands as historical Chingkalla lands than Thamizh also has the same right to claim lands outside the north and east, where they have been in a majority for centuries and was once part of their homeland, that the Dutch and the British later gave to the Chingkallams. You are now jumping up and down from somewhere in Nordic land, as you do not like it, and in constant discomfort and pain. Don’t worry

          • 1
            1

            daddy Svenson will leave his Reindeer farm to you.

  • 3
    4

    What about the Burghers and Malays? Native Veddas too will be most upset if there is no place for them.

    • 6
      2

      Paul

      “Native Veddas too will be most upset if there is no place for them.”

      Thanks for mentioning us.
      Don’t worry in the long term my objective is to get rid of all descendants of foreigners, including Tamils, Sinhalese, Muslims, Burghers, Malays, Kafirs, …………… by sending them back whence their ancestors came.

      First boat will carry Wimal Weerawansa, Gamanpilla, Elle, Omapala, Shavendra, Kamala Gunaratne, ………………………….. Douglas, Pillayan (he claims he is a coastal Vedda, it will be genetically confirmed), Karuna Amman, ……. Namal Baby, …..

      • 3
        3

        Native, please reserve a place for Gnanasara.

        • 4
          1

          Paul

          Don’t worry.
          He will be sent by planes (breaking sound barrier and beyond Mach 2).

      • 6
        3

        Thamizh in the east are now complaining that with the arrival of self-proclaimed coastal Vedhha Pillyan, a well know Rajapakse stooge, back again to the political scene, land scale illegal land grabbing and settlement of Chingkallams in the Batticaloa district the eastern heartland that is Thamizh has begun. Some self-proclaimed Thamizh coastal Vedda, who is intent on destroying the further the ancient Thamizh Hindu culture of the east for his Chingkalla masters. The coastal Vedda of the east is ardently Thamizh and Saivite.

        • 2
          1

          Pandi Kutti

          “Thamizh in the east are now complaining that with the arrival of self-proclaimed coastal Vedhha Pillyan, a well know Rajapakse stooge, … “

          Where did you think Pillyan learn his rope?
          In his previous avatar he was the side kick to LTTE Eastern commander Karuna Amman. Both learned their trade from their Guru the psychopath V Prabaharan who worked for Hindia, the West, Premadasa, Mahinda, ………………………

          • 1
            1

            He hehe

    • 2
      3

      Paul, you have a sound point about Burghers and Malays.
      We need to be serious about defending their ethnic identity which once was a beautiful part of our ethnic diversity.
      They have right to their cultural identity. The larger ethnic groups, too engrossed with their self pity, never think of these people as people.
      In fact the Aththo (Veddas) have been for a good part assimilated to Tamil and Sinhala identities over the past century. The cultural decimation of the Aththo is only a matter of time– about as bad as the Australian aboriginals, but for that the Australian aboriginal is speaking up.

  • 4
    9

    I am unaware of any country in the world where those who declared war against the indigenous community seeking justice. The victims of the war should seek justice for the atrocities committed by the aggressor.

    • 7
      4

      Eagle Eye,
      We are on the same track, except that I feel that Tamils were the victims before, during, and after the war!
      (Your thinking is against the facts!)

      • 2
        3

        Nathan
        Then why do the Tamils consider Sinhala Buddhist society is superior?

        Soma

        • 1
          1

          Choma, why do you keep on repeating the same racist rubbish and lies as a moron?

          • 1
            1

            Pandi kutti
            Why I assume Tamils consider Sinhala Buddhist society as superior is because:
            1)
            Despite intense, unrelenting propaganda of discrimination, violence, loot, rape, murder or even genocide not a SINGLE TAMIL FAMILY who lived among the Sinhalese in the South during or after the war has relocated the residence to Jaffna.
            2)
            Tamil politicos who promoted LTTE as the sole representative of Tamils carried out their political activities while living within the enemy.
            3)
            When Thalaivar was ruling Jaffna the only ambition of a Tamil mother was to sell/pawn her jewellery/land and send her down into the enemy territory.
            4)
            When arrangements were made for the Tamils in the upcountry to relocate themselves to India so that they can live as equal citizens among their own kith and kin in an environment of their own language, religion and culture they protested and demanded to continue that pathetic life in Sri Lanka. To this day they are happy here than going back to super power India.

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        Interesting to find someone trying to see eye to eye with Eagle Eye.
        Wonder where the track will lead them!

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          Nathan,
          During British rule Malabars helped British to oppress indigenous Sinhalayo and became the most privileged group in the country.
          After Independence, whenever indigenous Sinhalayo made changes to become a sovereign nation Tamil politicians who belonged to the privileged group took the lead to attack Sinhalayo in Yapanaya. When Sinhalayo changed the English letters in car number plates to a Sinhala letter, Tamils attacked Sinhalayo in Yapanaya. All the Tamil-Sinhala clashes after independence were started by Tamils and Sinhalayo were the victims.
          In 1976, Tamil politicians passed Vadukkodei Resolution, declared war against Sinhalayo and asked Tamils to take up arms to fight until they achieve their objective to create Eelam. LTTE Tamil terrorist group emerged as a result of that request from Tamil politicians. You know very well what Tamil terrorists did to Sinhala Buddhists for three decades. So, I leave it up to you to decide who were the victims before and during the war. After the war, both Tamil and Sinhala communities lived in peace.
          No doubt that Tamils also suffered because of the war fought by Tamils against Sinhalayo but they are not the victims.

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        Nathan,
        “We are on the same track, except that I feel that Tamils were the victims before, during, and after the war!
        (Your thinking is against the facts!)”

        No. Your thinking is against facts because Tamils are bogged down in ‘Vadukkodei Resolution’ that contains a manufactured history of Sinhale to justify Tamils’ claim for a separate State using a bogus claim that NE is their ‘Traditional Homeland’.
        Indigenous Sinhalayo have been the victims of Dravida invaders from 3rd Century BC. They came and destroyed Sinhala settlements in the NE where Sinhala Kingdoms Anuradhapura and Polonnaruwa existed. In 1215, Malabars invaded Yapanaya and colonized the peninsula. At the time Malabars colonized Yapanaya, Sinhalayo and Muslims were the majority inhabitants in Yapanaya. Over time more and more Malabars came to Yapanaya and they did ethnic cleansing of Sinhalayo.

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          Eagle Blind Eye

          “No.Your thinking is against facts because Tamils are bogged down in ‘Vadukkodei Resolution’ “

          Facts

          Vaddukoddai Resolution14 May 1976.

          Unmanufactured History

          The Public Racist Anagarika Dharmapala was born on 17 September 1864. Along with him Sinhala/Buddhist fascism started emerging. The new concocted identity was given to Sinhalese and Buddhists.

          The Citizenship Act of 1948 which disenfranchised more than 900,000 hard working people without whose hard work there would not have been an island for you to steal and call Sinhala/Buddhist country.

          Sinhala Only Act was passed in 1956

          One of the major riots against none Sinhala/Buddhist took place in 1958.
          .
          Since then the country has been on the slippery slope.
          The destruction of progressive and democratic institutions, including civil service, judiciary, police, armed forces, cooperative movements, libraries, temples, churches, …… completely destroyed.

          Sadly the island is being ruled by a bunch of dangerous thugs, the ruling Kleptocracy is being supported by saffron clad thugs, unformed war criminals, robber barons, …..

          Now you see there is before Vaddukoddai Resolution 1976 (BVR1976) and after (BVR1976), not much difference.

          Dumbo an apt quote for you:

          “Better to Remain Silent and Be Thought a Fool than to Speak and Remove All Doubt – (Abraham Lincoln? Mark Twain? Biblical Proverb? Maurice Switzer? Arthur Burns? John Maynard Keynes? Confucius? Anonymous?) “

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            NV
            “The Citizenship Act of 1948 which disenfranchised more than 900,000 hard working people without whose hard work there would not have been an island for you to steal and call Sinhala/Buddhist country.”
            .
            How did they become stateless? Why India abondoned them?
            They should have been granted dual citizenship and the option to choose between.
            It can be done even today. What do you think?

            Soma

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      Eagle Blind Eye

      “I am unaware of any country in the world where those who declared war against the indigenous community seeking justice. ….. “

      Like HLD M you are also not aware of many things.
      That is why the first boat back to India will carry you, soman, ….. among others.

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      Eagle ‘the buffoon’ Eye, when did the Tamils declare war on the Veddahs? I thought civil war was between the Government sponsored hooligans in military uniform and the separatists among the Tamils.

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        Tamil from the north,
        “I thought civil war was between the Government sponsored hooligans in military uniform and the separatists among the Tamils.”
        —-
        Then why did Tamil terrorists massacred innocent Sinhala Buddhist men, women, children, Buddhist monks and even fetus of Sinhala pregnant women using suicide bombers, claymore bombs, AK47s, chemical weapons and machetes?

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          Eagle ‘twat’ Eye, nobody ever denied that, likewise you cannot deny the armed forces and cops murdering innocent Tamils which precipitated all this carnage in the country. By the way dumbo, then why did your slavemaster, give Karuna Amman, Pillayan and Inniyabarathy government jobs after these bastards murdered 600 surrendered cops in cold blood? How do explain the 1957/58/77/83 riots? Where was the LTTE in 1957/58/77? Why did these bastards in military uniform pull Tamil passengers in the Vanni jungles from buses, line them up and kill them? What happened to a Tamil Reverend Mary Bastian, who was an innocent man, who had nothing to do with any type of insurgency, was murdered in cold blood? So go and jump in the keleni river you nitwit.

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      That is why when I condemn Vijeya and his rowdy gang, I never show any mercy. It is not just that, now you are seeing with your Blind Eye, how strong Quveni’s & her Children’s cries and curses are. Enjoy it, you can have the whole of it!

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      As for as I am aware the only indigenous community on the island are the Veddha and even they arrived from the South Indian mainland during prehistoric times. The Chingkallams evolved from converted largely from southern converted Thamizh Buddhist with some infusion from the region of Bengal. The native Bengali are again a Dravidian people now speaking an Indo Aryan language. Later lots of immigrants from India from ancient to recent times got assimilated into the Chingkalla identity. Again most of them are from the Thamizh country. This is why the Chingkalla culture is a reflection of South Indian and Thamizh culture. Nothing remotely north Indian. The dress, food, culture and festivals. Now even DNA has proved this.

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        Pandi Kutti,
        “As for as I am aware the only indigenous community on the island are the Veddha and even they arrived from the South Indian mainland during prehistoric times.”

        No wonder because you know the manufactured history of Sinhale written in ‘Vadukkodei Resolution’ prepared by separatist Tamils to justify their demand for a separate State claiming that Tamils lived in this country from ‘Dawn of time’ and Sinhalayo came from Hindusthan and used that to brainwash Tamils.
        Historians and archeologists have proved beyond any doubt that Sinhalayo and Vedda Eththo evolved in this island from Homo sapiens who lived in the Southern part of the country about 125,000 years ago and they are the only indigenous people in Sinhale.

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    Radhika is always concerned about her home. I was reading her visit to North- Ceylon while she was an MP. She was well received by home country and honored by women organizations. We are all obliged for her unmatched services.
    I am not a lawyer; but I do not think that the matters are so easy or if there is any quick solution available. In ICC, Lankawe Aanduwa’s 75 years of Genocide/War crime must be established for the International Community to start to heed Tamils’ talk. Then only Tamils’ sovereignty can be regained. The Tamils nation’s entitlement of their sovereignty was established by TULF, when SJV was alive. He and Amirthalingam appropriately tried to participate in the constitution making processes in 1972 & 1978 but were rejected. Then SJV, with a series of processes, established that the Sinhala governments don’t accept Tamils and Tamils are not willing to be ruled by Sinhala racists. In the Banda- Chelva pact & Dudley – Chelva pact, both Sinhalese and Tamils agreed that the Tamils needed devolution of power, but in the end, they were not implemented by the Sinhala side.

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    This was a bet SJV put forward in 1972 by resigning his MP post. He challenged the government to bring a government candidate to stand against his Tamil electorate because he wanted to prove that the Tamils community is rejecting the Sinhala overruling of them. Government took three years to prepare a candidate and created an army of his supporters by lavishly spending on them. On election day, average citizens feared to come out of their houses, because of the bullying of Siri Ma O’s Rapist Army & Rapist Police. But SJV made the government candidate kneel down in front of him on the election result. SJV and Amir, both took the matter to the international arena. SJV made a complaint to the Non-Aligned Countries, in which Ceylon was an important member, at that time. Amir took the case to India and USA. In the US Amir had the Massachusetts legislature to recognize the Tamil Eelam. In India, he had a reserved place with Mrs. Gandhi. They two explained in the Vaddukoddai Convention how the legal points came together to establish the Tamil Eelam and so why should we have to start a fight. Changkilyan had a fully independent kingdom, not contributory to any other state. Changkilyan was defeated in war.

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    Tamils lost their sovereignty directly to the Portuguese; Not any third parties had a share in that. Then Tamils Sovereignty was transferred to Dutch, who defeated the Portuguese in war. Then English people defeated and captured the Jaffna Kingdom from Dutch. English people merged all three Kingdoms into one, under one governor general and re-split them into 9 Provinces. India had three territories or presidencies. It was not three countries though three people did the administration. Merging and splitting in India did not affect the territories of Hindus and Muslims. When the time came, Muslims went separately. In Ceylon, Ceylon Tamils were occupying their traditional lands, North and East. Never was Ceylon being one country, until 1948. This is accepted in the Indo – Lanka pact, by India and Ceylon. SJV and Amir were not allowed to participate in any constitutions made to Lankawe, by Sinhalese. This has left out Tamils’ representatives from the new constitutions and thus the Tamils. Without minorities’ consent the minority protection clause, S 29 was removed by the 1972 constitution. It needed 2/3 of the minority’s consent to remove that section. Section 29 has been maintaining the identity of the Tamils’ sovereignty in the Soulbury constitution as “The Minorities”. At the start, in the 1940s, 1950s, the Ceylon’s Sinhala- Tamil cooperative governments had the majority and minority representation from their respective regions.

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      Mallaiyuran,
      “Tamils lost their sovereignty directly to the Portuguese;…”
      —-
      Yes. According to the fabricated history of Sinhale given in ‘Vadukkodei Resolution’. Tamils who are bogged-down in ‘Vadukkodei Resolution’ mud-hole believe everything written in that. It is true that Portuguese defeated Dravida war lord Sankilli II and took over Yapanaya in 1619 but King Senerath’s army under Mudliyar Atapattu defeated Portuguese in 1629 and brought Yapanaya under the King of Kandy but later Portuguese defeated the Sinhala army and took over Yapanaya. So, the truth is finally Yapanaya was ceded to Portuguese by Sinhala King Senerath and not by Tamils.

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    Sinhala political parties could not penetrate Tamils’ area seeking representation and Tamils never infiltrated the Sinhala area for representation. As we said earlier, S 29 maintained the status quo of the sovereignty of the minority & Majority. The Senate was thawing the uneducated parliament bullies, in making laws on areas that were not covered by S29. Privy Council verdicts also indicated that the majority community representatives have been continuously infringing the sovereignty, freedom and human rights of the minorities. Sinhala Majority refused to accept the verdicts of the Privy Council. This was the issue with Buffoon De Silva, who was that time Supreme Court Chief Justice and infamous in issuing Sinhala Jury only verdicts, refused to accept the Nallanayakam’s case’s judgment from ICC. These are some incidents where the Sinhala government broke up the cooperative Sinhala -Tamil governments that existed until S 29 was alive. Then they changed the constitution one-sidedly, designed laws to control Tamils, including, Standardization, Sinhala Only, Emergency declarations against Tamils and later PTO, the worst draconian act. Lankawe did all these after putting the needed basic foundations, that is passing illegal, minority suppressing laws and launching the Rapist Army terror on Tamils. After 1972, the Aanduwa forcefully squeezed out Tamils’ sovereignty, which was well visible until 1972.

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    So, by Vaddukoddai Convention, SJV recalled the Tamils sovereignty, which was surrendered to the Sinhala – Tamil cooperative governments, until the S 29 was removed. Tamils did not have anything to do with the Sinhala – Tamil cooperative government after 1972. Freedom fighters formed various movements and started to launch war against the occupying governments, who were using the Rapist Army, which in times 3:1 in Tamils areas. Lankawe is using 10% of the budget to maintain this criminal, murderous crowd. And Aanduwa is feeding a Rapist Army larger than the British army, where Britain is the 6th largest economy in the world. But Lankawe is counted with Sudan, Madagascar, Afghan, North Korea, on its poverty level. This is not a government governing, but that is how the dictators occupy the other nations.

    Most of these are established by TULF and TNA. Anybody who needs information of why Tamils claimed the ownership of their land in Vattukottai Conventions, should approach TNA for the historical documentations of tamils’ fight. In this, Sampanthan Aiyya could be the best.

    Other major part of the claim is based on the UN conventions. That is, as the Tamils are facing continuous genocide, they have the options of reclaiming their surrendered sovereignty to their present government.

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    This can be consummated only after proving the Genocide/ War Crime in the UN affiliated institutions. The debut for that is, the International Community has to officially accept all what they know about the Lankawe genocide, and they have to move the needed resolutions in the proper way, through the proper organizations. Beyond IC is sitting on the info they got, Superpowers are also hesitating to go first as they fear that their influence in the Indian Ocean may be jeopardized, if they do so. It is the Tamils responsibility to keep agitating them to act on that. But, instead of Tamils following this full path, if they focus on short cuts or substitutions, the International Community also will put off their responsibility, like Lankawe doing to Sampanthan Aiyya, & would negotiate for 75 years to file the war inquiry. On the other hand, Tamils need not to develop disbelief in the international community and rush to search for alternatives. So, Tamils have to be clear in their thinking. International process can take time. Until that Tamils will have to present reasons about their ongoing suffering on the hand of the majority government.

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    A serious defect in TGTE is there is no in-home, constitutional lawyer, or international law lawyer in their group. Sadly, their campaign staff, instead of countering the government and convincing the international diplomats, they specialize in a niche where they claim that anything in the arena as they were the first said it or did it. Of course we have no problem with that, even if those statements are overemphasizing TGTE’s efforts, because we need only rice, we don’t need a certification of who husked it. Because of this complexity, TGTE is polluting the field with some unwanted things or creating disincentives for activists and damage to the cause. They claim that they were first ones started the war crime/ genocide campaign. By that talk, if they think that those calling for the international investigation should pay them tribute, or if they think they are winning while the other groups are left behind, that is the end of how GG Ponnambalam lost his magic in politics. The referendum story was floated by TGTE; that is true. That is why I want to tell one thing to Radhika. She may want to sit and think over this referendum before she jumps into this.

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    TGTE has been bringing the Catalonia politicians to their meeting as one example country. In one meeting in Switzerland, the Catalonia gentleman openly said that their referendum is not suitable for the Rapist Army plundering Tamil Eelam. TGTE went through many stages on this. we had pointed out some of them here. But we don’t have to bring all of them here. Now TGTE changed it ritoricks that the activists should press UNHRC, UN, ICC to go for war crime investigation because TGTE wants the Tamils to have a referendum to make their option. Here the point is that all the international actors are aware that the Tamils are having problems. They know their obligation that the Genocide/ war crime took place in Ceylon in 2009 also need to be investigated. They too know that Tamils will want the continuous Genocide stopped by the above sought solution. It is customary when the genocide is established, Tamils will have the option to decide on their sovereignty and self-determination. Though all these are known to all who are involved in this, is it still proper Tamils attempting a campaign towards ICC that they have to start a Genocide Investigation because Tamils must have the referendum of what they to do?
    Because the UN SG’s Expert Panel said that the war crime took place in that confrontation, the UN cannot easily ignore that crime.

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      Mallaiyuran
      You are wasting time and space.

      Soma

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    All the time, major players are trying to push Appe Aanduwa to do it locally so they can avoid getting involved. But by their 75 years of superior experience, Tamils know what Aanduwa will do (additional war crimes) and what it will not do (investigating anybody who is accused of being involved in crimes against Tamils.) It is not just Tamils’ ascertainment, but it was the conclusion of IIGEP’s opinion too. All the international judges in that group resigned and went back to their countries! So, what the Tamils have to do here is not mix the referendum into the act where the International Community is already slackening and make it more complicated. Further to prove that TGTE wants to be more democratic than anybody else, it wants to give options in the referendum. If the Tamils are given an opportunity to have a referendum, while they are under control of Appe Aanduwa’s rapist Army, that means they already have success in revoking their sovereignty from Aanduwa to rule the Tamils.

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    By all means, this is appearing possible only if the Tamils have established the Genocide, in unified manner, instead of all horses pulling allover everywhere. If your sovereignty is returned, now your question is if you want to reunite with Lankawe on the condition of external self-determination or, thinking thank God that you escaped and ran away from Aanduwa? That is a really, really challenging question for Tamils and that seriously needs a referendum. I have been expressing here my opinion that we should negotiate a Singapore- Malaysia relationship, which does not run away or surrender back again. That is the only fix for lord Soulbury’s mistake.

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    Running away can drag back into India-Pakistan relationship; rejoining can bring back India Kashmiri problem. So, there are no chances for multiple choices, only one yes or no question. Further a referendum is not suitable for multiple choices. If none of the items are receiving the 51% on the first shot, it will have to be repeated as many times needed for one option to get over 50%. In a Tamil Eelam like place, where forceful colonization is taking place & forceful extradition taking place, deciding who can vote in the referendum is another long negotiating process. I don’t see any reason why one would end up in all these struggles while still no country has confirmed its vote to an ICC investigation. If TGTE challenges that it will break the doors if the referendum is not granted as they are asking, then it will only spoil the diplomatic agitation to Genocide inquiry. When Radhika proposes for some political action in an open stage, she too needs to do her analysis on that, instead of being a parrot.

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    Mallaiyuran
    You are wasting time and space.

    Soma

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    Mallaiyuran, the Tamil diaspora is maintaining its custom of winning the battle and losing the war.

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    Svenson

    “Tamil diaspora is maintaining its custom of winning the battle and losing the war.”

    It is also true with armed forces and their political and religious leaders.
    Even the Asgiria blessed Gota with a fascist future.

    Therefore there is no win inside until of course Sinhala speaking people and Sinhala/Buddhists realise this island has to be reconstructed, accept the idea of unity in diversity, and comply with all 30 articles of “Universal Declaration of Human Rights”
    https://www.un.org/en/about-us/universal-declaration-of-human-rights

    International Human Rights Law is still evolving, the dumb asses should not wait until the proactive law catches up with them.

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