16 May, 2022

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UNHRC Is Duty Bound To Find Justice To The Oppressed Tamils In Sri Lanka

By Kumarathasan Rasingam – 

Kumarathasan Rasingam

The United Nations, UN Human Rights Council and the International Community will now understand Sri Lanka’s policy of non-compliance of any recommendations of the UN or UNHRC.

The following long standing core issues still to be investigated and perpetrators punished;

* On the evening of January 02, 2006, amid New Year’s celebrations at Trincomalee beach Sri Lankan security forces shot and killed five high school students at point blank range. The Government quickly claimed, without evidence, that the youth killed were LTTE insurgents carrying out a grenade attack.

* On August 04, 2006 seventeen aid workers of the Action Farm [ACF] were killed

* Investigation for the killings of the Sunday Leader. Chief Editor Lasantha Wickrematunge on January 08, 2009

* Killing of Joseph Pararjasingam Member of Parliament of the Tamil National Alliance party on December 25th, 2005 – shot dead on Christmas day as he attended the midnight Christmas mass at St. Mary’s Cathedral, Batticaloa.

* Investigation on missing person Prageeth Ekneligoda went missing on January 24, 2010

mmediately after winning the November 2019 Presidential election, President Gotabaya Rajapaksa has pursued an increasingly majoritarian, militarized, authoritarian approach to governance. In his former capacity as Defense Secretary, Gotabaya Rajapaksa has been accused of involvement in war crimes during the final stages of the brutal war from 2006-2009.

In October 2020, Parliament passed the 20th Amendment to the constitution, which represents a major blow and assault on democratic governance and removed all checks and balances.

The mothers, fathers, relatives of the missing are on the streets for more than 1800 days in a sit-in protest demanding to know the whereabouts of their loved ones. They are holding EU, US & UN Flags and the pictures of their loved ones who are missing. Successive Governments have failed to take any action and the much-anticipated Office of the Missing Persons [OMP] is now defunct after the new regime of Rajapaksa, although the OMP was toothless with no powers to prosecute, charge or punish the culprits.

It is very unfortunate that the very old mothers, fathers and relatives are still pinning their hopes and trusting the UNHRC, UN and the International community to find justice and there seems to be no progress or action to the burning problems affecting the elderly people.

Following the international investigation in September 2015, the United Nations released a major report on serious human rights violations committed during the final stages of the war during 2002-2015.

Two glaring examples of serious human rights violations where the perpetrators remain free from prosecution are the alleged extrajudicial execution of five high school students in Trincomalee by the Sri Lankan Special Task Force in January 2012, and the killing of 17 Action Contre la Faim (ACF) workers in the east in 2006, one of the worst massacres of humanitarian workers in history.

The two most widely publicized killings relate to IPS UN Bureau Chief in Colombo, Richard de Zoysa, 30, in February 1990, and the Editor-in-Chief of the Sunday Leader Lasantha Wickrematunge, in January 2009.

But both murders remain unsolved—due primarily to political coverups — despite several leads pointing to the killers.

As fate would have it, the politician who apparently ordered the killing of de Zoysa, and the police officer who executed that order both died in a suicide bomb blast in 1993, three years after de Zoysa’s murder.

But the rest of the conspirators are still on the loose and fugitives from justice.

The New York-based Committee to Protect Journalist (CPJ), which has an arresting headline on its website titled “Sri Lanka: Where Journalists are Killed with Impunity,” lists the killings of 25 Sri Lankan journalists since 1992, with 19 where “motives were confirmed” and six with “motives unconfirmed.”

David Kaye, the UN Special Rapporteur on The promotion and protection of the right to freedom of opinion and expression’, called on governments “to investigate and hold accountable all those responsible for attacks on journalists.”

Senior figures in the Sri Lankan Government, from the President to the Defense Secretary, have repeatedly said that they will protect the military from prosecution for crimes. No security sector reform has taken place, and individuals accused of human rights violations occupy key positions in the government and the armed forces. Changes to the Constitution which reduce the independence of key institutions and increasing political interference in the judicial process are a serious concern.

Victims and survivors have already been waiting more than ten years for justice. Pardons, delays, and collapse of the few cases that are before the courts show that the domestic justice system is not capable of delivering justice alone.

According to a UN estimate more than 70,000 civilians were killed during the last months of the war. During this period of massacres amounting to genocide, UN did not hold a single meeting, not at the Security Council, not at the General Assembly, not even at the UN Human Rights Council.

Now the UN and UNHRC are searching for answers for these fatal lapses and dereliction of responsibilities. Even the lessons from the Rwanda genocide in 1995 and Srebrenica did not matter to UN.

The last 12 years have fully affirmed a broader history were Sri Lankans unlikely to offer a just and lasting political settlement to the long outstanding Tamil National Question, in the meantime, it continues with its long history of deception in formulating a solution to the conflict.

Currently the situation for Tamils in Sri Lanka is very bleak. The Military occupation [at the ratio of one soldier to every five civilians: 01: 05] of the Tamil homeland has made it impossible for the Tamil people to advance their basic democratic rights. Tamils living in the North and East and all over the island continue to live in fear of persecution and uncertainty. They are constantly reminded that they are second class citizens in their own land. Not surprisingly, thousands of Tamil continue to flee the country in boats and ships risking their lives seeking refuge in other countries. The prospects of Sri Lanka seriously addressing the reasonable political aspirations of the Tamils are becoming dim and uncertain unless the UN, UNHRC and the International Community intervene and take drastic actions against Sri Lanka.

The United Nations, UN Human Rights Council and the International Community have moral duties and obligations to formulate a political solution that will meet the aspirations of the Tamil people through democratic means. An internationally monitored referendum will allow the Tamils to choose their political destiny and is the pragmatic option to address the decades long conflict in the island. An international precedent for a referendum can be found in the recent South Sudan and East Timor where a peaceful and just resolution was democratically established after many years of conflict.

It should be noted that ethnic cleansing in Sri Lanka is for the creation of a mono ethnic Buddhist Sinhala State.

It is the master plan to flush out all other religious, linguistic nationalists out of Sri Lanka to create a mono-ethnic Buddhist ethnic 100% Buddhist Sinhalese nation of Sri Lanka.

All what the Tamils are asking the un, UNHRC and the international community is their freedom to exercise their aspirations which is fundamental covenant of human life. It must be, for the world to progress should be release the people from racism, feudalism, fanaticism and all other negative “Issims”.

*Kumarathasan Rasingam – Secretary, Tamil Canadian Elders for Human Rights Org

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    This comment was removed by a moderator because it didn’t abide by our Comment policy.

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      Kumarathasan Rasingam

      “UNHRC Is Duty Bound To Find Justice To The Oppressed Tamils In Sri Lanka”

      When and to do what?

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    KR says master plan is to create a 100% buddhist sinhala state in Sri Lanka. Karmic justice will never endorse that as SB here are robbers, murderers and corrupt, greedy, grabbers. If they were selfless givers reflecting the creator, perhaps they would be able to retain their majority and govern for a while. But as things stand, a different kingdom government will have to overcome the current state of robbery and murder without justice, truth and righteousness in this nation.

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      davidthegood
      You must promote a 100% Sinhala Buddhist state for your own advantage. Don’t you see that only then the Tamil speaking people scattered across the island can establish a 100% Tamil Homeland in the North? In fact I am campaigning among the Sinhalese to agree for a separate Homeland for Tamils so that they can have their 100% Sinhala Buddhist state.
      The major obstacle for this project is this Tamil desire to live among the Sinhalese.

      Soma

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    When have any of these gods of human rights delivered justice to anyone? They “IC” will meddle selectively to serve its interests, but those interests stop far short of hearing Tamil appeals.

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      IC does not have to deliver justice. Just bring in crippling sanctions, not a hard thing considering the economy. Then the SINHALA Buddhist will do what a normal human being will do.

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        Bert

        “Then the SINHALA Buddhist will do what a normal human being will do.”

        I am sorry SINHALA/Buddhist are not normal.
        Look at Eagle Blind Eye, Wimal, Udaya, Gota, Basil, Mahinda, ……… do you think they are normal?

        “Just bring in crippling sanctions, not a hard thing considering the economy.”

        Whoever decides to bring in sanctions must try to get past Hindians’ sentry, who have been the guardian angels of Sinhala/Buddhists. Hindians do not want to see another failed state at their door.

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      SJ
      Tamils must appeal to India for justice if they see that violated.

      Soma

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    Many government spokesmen, including Justice Minister Ali Sabry during his recent visit to the North, have kept on telling the Tamil people and other minorities that they should not take their complaints to the United Nations, UN Human Rights Council, Human Rights Organizations and the International Community. Instead, they are advised to discuss their problems and grievances with the Government of Sri Lanka to find solutions. They preach that this is the correct approach to adopt to address the issues.

    But the Government of Sri Lanka flatly refuses to talk! Even two years after becoming the president, Gotabaya Rajapaksa is unable to get into the mood to talk to the minorities. The prime minister, who is seriously afflicted with amnesia, has shown no initiative either to address minority issues. If the president finds this subject too distasteful to handle, then he should at least formally appoint a minister or some other high ranking person (not an army or ex-army officer!) to deal with this matter.
    (Continued)

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      What is this guy stupid. Their grievance is that they don’t know what happened to their loved ones. Where the aid workers and the kidnapped an murdered children are concerned they want the criminal’s held accountable they don’t care whether the criminal is a President, Soldier or a policeman.

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    Simply parroting the phrase ‘Talk to the Government’ will not do. Who can the minorities talk to? Not one among the government ministers has ever evinced any interest in taking on this onerous task. Pretending to be helpful without being sincere amounts to plain chicanery! Another thing that is upsetting is that none of the ‘Political Commentators’ who write reams of stuff about these issues have made any reference to this conundrum!

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      Could try talking to the pet sharks or scream at passing white van

  • 3
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    Could try talking to the pet sharks or scream at passing white vans

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    Dear KR

    “All what the Tamils are asking the un, UNHRC and the international community is their freedom to exercise their aspirations which is fundamental covenant of human life. It must be, for the world to progress should be release the people from racism, feudalism, fanaticism and all other negative “Issims”.”

    Minorities have been crying for the above since independence. The bigots of the land both Sinhalese as well as the Tamils have deprived the nation to be in peace and be prosperous. They are quick to play the race card. The Lankan politicians promote racism for their own gain; this has been proved time and time again
    There is no unity among the Tamil speaking people. Jaffna man wants his own think and the Upcountry people do not have a voice.
    Their so-called representatives the Thondamans and Dhigambrams and the rest are the worst kind of rouges on the face of the earth. They have been playing party politics and deceiving the people bigtime. They buy their votes for bottle of arrack or kasippu. The upcountry Tamils are one of most marginalised citizens in the world, leaderless and rudderless
    I do not know when they will learn to LIVE AND LET LIVE,

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      correction own THING
      RN

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        Yes, agree there is no unity amongst the Tamil people. However trying to compare the needs and aspirations of the indigenous Eelam Tamils originating from the north and east, what you commonly call the Jaffna or Batticaloa person, who still largely live in the north and east and are the majority in most areas there, whose ancestors have lived on the island for more than 3000 years and were a nation and their homeland and have the right to their own homeland, culture, language and history as the Sinhalese people to the rest of the island, to the needs and aspirations of the Indian origin Tamils and Muslim Tamils or Sri Lankan Moors, is different. The later two Tamil communities, originating from South India largely live amongst the Sinhalese and have different immigrant histories, needs, and aspirations, from the native Eelam Tamils. We Eelam Tamils want the preservation of our homeland, language, religion, culture, the recognition of our ancient history on the island and our nation, and our right to self-determination, which so far has been denied to us against the UN Charter. The other two Tamil communities largely want to live in dignity, equality, freedom to practice their religion and culture, wherever they live on the island. All these aspirations of these three Tamil groups are equally important and are reasonable and one does not exclude the other, despite many thinking they are not.

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      RN
      Why do Tamils consider Sinhala Buddhist society as superior to a Tamil only enclave?

      Soma

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        Dear Soma
        it’s an interesting question? But do they?? Is even a bigger question
        I have no answers. May be other CT readers may help you and me on this debacle

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          Dear RN
          I came to that conclusion on following observations:
          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.
          4)
          NOTHING MAKES A TAMIL ON COLOMBO TELEGRAPH LIVID WITH ANGER THAN MY PROPOSAL TO ACCOMODATE AT LEAST 90% OF TAMILS IN A SOLUTION WHICH MAY REQUIRE RELOCATION OF TAMILS OUT OF SINHALA MAJORITY PROVINCES.

          Soma

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        soman

        Do you consider yourself a superior person?
        Only a stupid dumb ass would raise such a dumb ass question.

        Had the Sinhala/Buddhists been superior they would not have let people to elect bigoted dumb asses like Gota, Mahinda, Basil, Namal, Wimal, ……………………. Don’t you see how the country has been ruined by your superior persons.

        Grow up.

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          NV
          “Do you consider yourself a superior person?”
          You know that I subscribe to your theory that Sinhalese and Tamils share the same gene with monkeys without reservation.

          Soma

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      RN
      “The upcountry Tamils are one of most marginalised citizens in the world, leaderless and rudderless”
      I agree.
      But are Muslims and N&E Tamils any seriously better off, leadership wise?

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        SJ
        “The upcountry Tamils are one of most marginalised citizens in the world, leaderless and rudderless”
        India must consider granting dual citizenship to these hapless people and Sri Lankan government should consider allocating a block of land to each family in Jaffna. I am talking about giving them a ‘ choice’ between living as slavish third clawass citizens, exploited to the core, in the estates and first class citizens within an environment of their own language, religion and culture. I must emphatically repeat that it must be a voluntary choice, no compulsion by any means.
        This allows them demand true value of their labour.

        Soma

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          Sinhala racists are putting their thumb down for my proposal to get the plantation Tamils out of their present predicament.

          Soma

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        SJ
        May be not

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    UNHRC should do something to stop human rights violations taking place in Yapanaya by Tamils against their fellow Tamils.

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    What the writer says is correct. But it is a known fact that Sri Lanka will keep on dragging these issues. What is required is to get around India and ask for an Independent Territory within the Union of India in compliance with the Indian Constitution. No country will interfere in Sri Lanka matters without the approval of India. We have missed many golden opportunities afforded by India. Forget all differences and get in touch with the BJP political leaders in Tamil Nadu rather than the DMK. It is then some concessions can be expected. After the Tamils in the North-East Provinces are about 5% when compared to the total Tamil population in Tamil Nadu, Pondicherry, hill country Tamils and the Western Province. It should e meaningful. Tamils will have to abide by India’s Foreign Policy.

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      Economic sanctions are simplest, easy to pass and will bear results. UNHRC does not have to do it. EU, USA and Canada could do it and many other countries other than China and India would follow.

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        Sanctions will not work. They will just increase the suffering of the poor, both Sinhala and Tamil. The politicians, both Sinhala and Tamil will be unaffected. China will leap in to ‘help’.

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      Stop blabbering. India will do no such thing. India will just go on mouthing about Thamizh’s rights on the island but will never take any action to see that it is implemented. It can but will never. Not ever the Sec 13A that is created and made JR sign and is responsible for its implementation. The Chingkallams know this. In the UN it hardly votes against the Chingkalla state. Most times abstain and thereby strategically give support to the Chingkallams when voting against Human rights abuses and war crimes, largely against Thamizh. It has always protected the Chingkallams and the Sri Lankan state and had come to their aid. Even now. Sri Lanka can keep on backstabbing India but India will keep on protecting this racist largely anti-Indian state as it does not want another failed state that is a vassal of China at its doorstep. Many powerful Indians lots even calling themselves Thamizh, are anti-Thamizh and overtly and covertly support the Chingkallams and want them to finish off the Eezham Thamizh on the island. Most probably something they would love to do in India too but cannot and dare not. Have you noticed powerful so-called Thamizh ministers in the Indian Central government never help the Thamizh. In contrast, the Malayalis do. Please stop daydreaming about intervention and help that will never come.

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    The distinction between the various Tamil speaking people in Sri-Lanka is understood and historical.
    The current position should not be polarised to form a them and us group.
    This is counter productive for the common cause
    But the struggle should be a combined one to benefit all those suffering
    If there is no unity among the Tamils you don’t expect the majority Sinhalease population to solve your genuine aspiration
    We do not need another repeat of GG s
    notorious 50/50 demand

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      GG’s 50/50 demand was deliberately twisted by the ruling Sinhalese parties and governments to make it appear that the Tamils are unreasonable. What he asked was for 50% representation and all government jobs ETC for the Sinhalese, whose population at that time was around 66% and 50% representation, resources, jobs for everyone else. Not just for the Eelam Tamils. This is the Eelam Tamils, Indian origin Tamils, Muslim Tamils or Moors as they want to call themselves, Burghers, Malays. This is not that unreasonable. if you take the population statistics at that time. However more reasonable would have been to demand 60/40. 60% for the Sinhalese who were only 66% of the population in the 1950s and 40% for the rest who were around 34% at that time. Now it is 98% of all resources for the Sinhalese who after chasing around 1 million indigenous Eelam Tamils and killing around another 200000 and making another one million Indian origin Tamils stateless and deporting most of them forcibly to India, strange land to them, have increased their percentage to 75% and 2% for others. Which was more reasonable GG or the Sri Lankan State?

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        Yes, there should be unity amongst all Tamils, however, also realize the unique history and culture of the native indigenous Eelam Tamils with relation to the other two Tamil groups. It is because of them and their lands, that the Tamil language, Saivism, and the Tamil culture are largely preserved on the island. In this regard, I should also mention the Tamil Muslims of the east, who are also 100% Tamil, many of them are very good in Tamil and speak such beautiful Tamil, which proves their pure Tamil origin. If these people and these people and their unique language and culture are destroyed or they are made a minority in their own land, that Tamil language and culture will gradually be destroyed or become some sort of insignificant language and culture on the island. This is the reason main reason for the large-scale Sinhalese colonization of Tamil lands, which has been undertaken by all governments since independence, with the intention of destroying or making Tamil language people and culture very insignificant, by making them insignificant and a minority in their own lands.

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          Yes very true.
          Tamil.Elam is it still viable; one wanders?
          We need to be treated equal and our fundamental rights restored
          For that unity among us is paramount

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            RN
            Tamil Ealam is viable only if at least 90% of Tamils ( Tamil speaking people) agree for a separate Homeland.
            I support a full Ealam ( separate Homeland) but strongly oppose HOLIDAY RESORT MODEL OF TAMIL EALAM.
            TNA should organise an intensive campaign encouraging Tamils in Sinhala majority provinces to relocate themselves into the would be Homeland. Success rate of this exercise will determine the viability of Ealam.

            Soma


            Soma

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            Unity among all Tamil speaking people scattered across the island is of paramount importance.

            Soma

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          SSS
          I appreciate your efforts to forge unity between Hindu Christian Tamils and Islamic Tamils. Tamil Ealam project cannot be carried through without this unity. My desire to see a separate Homeland for Tamil speaking people is totally dependent on this.

          Soma

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    The UNHRC will again fail its duty with regards to the Eezham Thamizh. There will be a lovely talkfest by everyone and most probably condemnation of Sri Lanka and warnings of dire actions, also more time given to Sri Lanka to be good but nothing will happen again as usual and everyone will return. Then all these nations that condemned Sri Lanka, including Britain the rest of the west, and India, having their own agendas, will overtly and covertly help and support the Chingkalla state, with their structural genocide of the island’s Thamizh. It then starts again next year. In another ten years, all this fizzle out so will the Eezham Thamizh most probably be reduced from 11.2% to 5% and most of the Thamizh lands colonized and taken over by the Chingkallams. Then nothing to talk about

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      Exactly. ‘Those that fail to learn from history are doomed to repeat it’. The Tamil people have not learned, their leaders do not care.

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    INDIA, not far away UNHRC , is Duty Bound To Find Justice To The Oppressed Tamils In Sri Lanka.
    They have all the evidence of discrimination, violence, loot, rape, murder or even genocide of Tamils. They are just 20km away.
    UNHRC should hold India responsible for criminal negligence.
    Like Brahma India created LTTE and like Shiva India destroyed LTTE.
    Like Vishnu India has maintained all the records of what happened in between.
    Tamils in Sri Lanka should appeal to India.
    .
    Tamils in Tamil Nadu should start agitation again for self determination and separation from the Union.

    Soma

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      Yes and you can also join them, as most of the present-day Chingkallams are descended from Thamizh from Thamizh Nadu. Nandri

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        Pandi kutti
        Thank you for your support.

        Soma

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          Always try my best to support fellow Thamizh, even when they speak Chingkallam, Telugu, Kannada, or Malayalam. Thanks for appreciating this gesture, Choma -:)

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    The victims are still waiting for justice, accountability, and reparations. The UN HRC has given enough time and space to the governments of Sri Lanka, with two year extensions twice, but now need to seriously consider referring Sri Lanka to the ICC / ICJ and or UN Security Council and to institute a special criminal tribunal, to investigate the litany of war crimes, crimes against humanity and genocide that Sri Lankan personnel to have committed against Eelam Tamils.

    The assessment reports would be the checkpoints for Sri Lanka, to the UNHR Council and to the International Community. The International Community need to address both the political and human rights of the Tamils congruently.

    Should the Sri Lankan Government fail to adhere and implement resolution L46/1 in full by September 2022, the high commissioner in her statement in the March session, make known to Council that it should refer Sri Lanka, for failing the UNHRC processes, to the ICC / ICJ or to the UNSC. The relevancy of the Council becomes questionable if it fails its obligations and responsibility for the victims.

  • 0
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    ‘UNHRC Is Duty Bound To Find Justice To The Oppressed Tamils ‘
    .
    See how the Ukrainian leader is staying with his people to the end. He knows he is the number one target of Russia. He is not hiding behind women and children like that Tamil coward VP. He has not run away leaving his people to face the Russians alone. Unlike the Tamil weakling VP he has a good memory and has not forgotten his tablets. Sadly the Tamils have not produced a leader like him, or any effective leader at all.

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