By Thiruni Kelegama –
Thiruni Kelegama
Almost four years since the end of the war, the situation in Sri Lanka is far from a just peace. With the commencing of the 22nd United Human Rights Council Sessions in Geneva this week, Sri Lanka has indeed much to be worried about.
March 22, 2012, saw the Government of Sri Lanka (GoSL) finally having to give way to international pressure as the UNHRC passed a US-led resolution titled “Promoting Accountability and Reconciliation in Sri Lanka”.1 This resolution, which was passed with a majority of 24 votes, highlighted 9 major areas of reform, called upon the GoSL to fulfil its legal obligations towards justice and accountability and to provide a “comprehensive action plan” to implement the recommendations of the Lessons Learnt and Reconciliation Committee (LLRC) – the commission of inquiry that GOSL set up to investigate the events between the February 2002 ceasefire with the LTTE and the end of the conflict in May 2009.
The GoSL’s response to the provision of establishing a comprehensive action plan was to put together a National Action Plan (NAP) that set out to implement the recommendations made by the LLRC. This NAP is far from adequate and though it attempts to implement the HRC’s March 2012 Resolution, it sets out unreasonable timelines and is selective in the choice of recommendations it chooses to implement. Navi Pillay, the UN High Commissioner for Human Rights, in her February 2013 report to the Council reaffirms this when she states: “To date, the government has made commitments on only selected recommendations of the Commission, and has not adequately engaged civil society in support of a more consultative and inclusive reconciliation process.”2 She adds that despite the resettlement of over 400,000 displaced by the war and large scale projects, “considerable work lies ahead in the areas of justice, reconciliation and resumption of livelihoods.”3
In March 2013, Sri Lanka is due to come up for discussion again before the Council. This time, the Council will have before it two official documents: the UN High Commissioner’s devastating report and the Universal Periodic Report from November 2012. This will add to the equally incriminatory Darusman Report4 (also known as Report of the Secretary General Panel of Experts on Accountability in Sri Lanka) and the Report of the United Nations Internal Review Panel.5 With Sri Lanka no longer being a member of the Council and having no voting power, it will have to confront a powerful block of countries with the United States still a voting member in the lead and Poland presiding.
It is against this backdrop that the second US-led resolution is going to be introduced. Draft copies of the resolution that have been circulating reveal calls upon the GoSL to report on its efforts to investigate war crimes and on relations with Tamils in the country. It also calls on the GoSL to “credibly investigate widespread allegations of extra-judicial killings” and to “[provide] unfettered access…[to] Special Rapporteurs on independence of judges and lawyers; torture; human rights defenders”. It also refers to the failure of the GoSL to fulfil its public commitments, including on devolution of political authority to provinces.6 The resolution also refers to the impeachment of Chief Justice Shirani Bandaranayake which, according to Navi Pillay, “…runs contrary to achieving accountability and reconciliation”.7
Sri Lanka needs to be ready to face what may well be a brutal yet well deserved assault. The UN reports are not the only documents that build a strong and credible case against the GoSL. A British television broadcaster, Channel 4, is set to air a new documentary titled “No Fire Zone”, which suggests that 12 year old Balachandran Prabhakaran, son of the LTTE leader, was murdered while in custody of the Sri Lankan forces.8 A Human Rights Watch report titled “We Will Teach You a Lesson” publishes testimony from victims, doctors and others who describe how Sri Lankan security forces use violence, torture, arbitrary detention and rape against Tamils in custody.9 The International Crisis Group’s new report “Sri Lanka’s Authoritarian Turn: The Need for International Action” highlights how the dismantling of the independent judiciary and Mahinda Rajapaksa’s authoritarian rule will inevitably feed the already growing ethnic tension resulting from the absence of power sharing and the denial of minority rights.10
Mahinda Samarasinghe, Presidential Envoy on Human Rights, addressing the High Level Segment of the UNHRC Session on February 27 adopted a highly defensive mode. He referred to the March 2012 Resolution as “unnecessary, unwarranted and unfair” and insisted that “…the Government’s primary responsibility [was] to resolve domestic issues.”11 He referred to the new US-sponsored Resolution to be introduced and stated that “unwarranted internationalization of such issues would only undermine the local reconciliation process in Sri Lanka; a process that is still ongoing, impacting adversely on the people in the former conflict-affected areas in their efforts to reap the dividends of peace.”12
India is yet to officially state its stand on the resolution. The situation remains the same as last year, when India did not officially make its position clear until the last moment and, when it did, spoiled the efficacy of the resolution by insisting that it be watered down.13 This year, India needs to be reminded that the situation in Sri Lanka has drastically deteriorated: the GoSL has weakened democracy, dismantled the judiciary and not followed through on any of the areas of reform that were called for last year. Most importantly, attention needs to be drawn towards Mahinda Rajapaksa’s Independence Day speech of February 4, 2013, which seems to reject greater autonomy to the Tamils by suggesting that there will be no devolution to the provinces. In Rajapaksa’s own words, “When the people live together in unity, there are no racial or religious differences. Therefore, it is not practical for this country to have different administrations based on ethnicity. The solution is to live together in this country with equal rights for all communities.”14 This goes against the 13th amendment of the Sri Lankan Constitution, the constitutional chapter that deals with devolution of power. This is the reality of post-war Sri Lanka and it is this reality that India, and other countries with voting power, need to address.
- Resolution 19/2, March 22, 2012, available at http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/19/2.
- “Report of the Office of the United Nations High Commissioner for Human Rights on advice and technical assistance for the Government of Sri Lanka on promoting reconciliation and accountability in Sri Lanka”, February 11, 2013 available at http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session…, accessed on February 27, 2013.
- Ibid
- Darusman Report or Report of the Secretary-General’s Panel of Experts on Accountability in Sri Lanka”, March 31, 2011, available at http://www.un.org/en/rights/srilanka.shtml.
- The United Nations Internal Review Panel Report, November 2012, available at http://www.un.org/News/dh/infocus/Sri_Lanka/The_Internal_Review_Panel_report_on_Sri_Lanka.pdf
- A draft copy of the resolution is available at http://daccess-dds-ny.un.org/doc/RESOLUTION/LTD/G12/115/97/PDF/G1211597…. and http://www.srilankabrief.org/2013/02/first-draft-of-us-resolution-promot…, accessed on February 26, 2013.
- Pillay, ibid.
- “Photos show Sri Lankan forces kill Prabhakaran’s son: Director”, Reuters, India, February 20, 2013, available at http://in.reuters.com/article/2013/02/19/srilanka-killing-prabhakaran-so…, accessed on February 26, 2013; and “The killing of a young boy”, The Hindu, February 19, 2013, available at http://www.thehindu.com/opinion/op-ed/the-killing-of-a-young-boy/article…, accessed on February 26, 2013.
- “We Will Teach You a Lesson”: Sexual Violence Against Tamils by Sri Lankan Security Forces, Human Rights Watch, February 26, 2013, available at http://www.hrw.org/node/113790, accessed on February 27, 2013.
- “Sri Lanka’s Authoritarian Turn: The Need for International Action” International Crisis Group, February 20, 2013, available at http://www.crisisgroup.org/~/media/Files/asia/south-asia/sri-lanka/243-s…, accessed on February 27, 2013.
- “We need Time and Space, Mr. President”, Colombo Telegraph, February 27, 2013, available at https://www.colombotelegraph.com/index.php/we-need-time-and-space-mr-pres…, accessed on February 28, 2013.
- Ibid.
- “India votes for resolution against Sri Lanka”, The Hindu, March 22, 2013, available at http://www.thehindu.com/news/international/article3150059.ece, accessed on February 27, 2013.
- “Respect UN Charter Provisions against threats to political independence of member states: President”, The Official Government News Portal of Sri Lanka, February 4, 2013, available at http://www.news.lk/news/sri-lanka/4248-respect-un-charter-provisions-aga… accessed on February 28, 2013.
*Thiruni Kelegama is a Visiting Fellow at the Institute for Defence Studies and Analyses, New Delhi. This article was first published by Institute for Defence Studies And Analyses.
Ajay / March 3, 2013
Demanding an investigation into what exactly happened during the final days of the war is one thing. But when you talk about the “deterioration of democracy” under Rajapakse you lose all credibility. You are into the Machiavellian world of realpolitik. You become part of the sinister campaign currently underway for outside intervention in Sri Lanka for geopolitical and geostrategic reasons. You should know better – being a Visiting Fellow at the Institute for Defence Studies and Analyses, New Delhi. You should know it’s when the motives are most cynical that moral ideals are shouted most loudly.
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Piranha / March 3, 2013
Ajay,
You are nitpicking here.
The evasion of accountability for war crimes and the drift towards dictatorship of the Rajapaksa regime are intertwined at what Sri lanka is facing at the UNHRC meeting in progress in Geneva at present. Any democratic government would want to, and have an obligation to its people, to investigate impartially when its military kills its own people in large numbers – in this case a minority population. The difference here is the government that is not seen as democratic by its opponents within the country, the aggrieved tamil people and also the international community. Being a minority with no clout whatsoever the tamils have to depend on outside powers to get justice and accountability for the wrongs made by their own government and that’s where the International community comes in and intervenes.
You certainly are paranoic and are trying to play the sovereignty card again this time also. I don’t think it will work this time. Also, Rajapaksa appears not able to fool his own people this time as he is not getting much support for his position from the usual suspects – the sycophants, Russians, Chinese, Cubans, Iranians and the rest of the international paraya states.
It’s time to unleash Modawansa and Mervyn the Vermin, no?
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Ajay / March 3, 2013
Why all this concern with Sri Lanka’s democracy post-Mullivaikkal?
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Piranha / March 3, 2013
With democracy there will be accountability to the people. That is why not only the Tamils but also all the people of Sri Lanka should be concerned. Politicians, the military and the police running amok among the people is not acceptable. So, wake up and see where the Rajapaksas are dragging the country and it’s people to before it is too late.
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Ajay / March 4, 2013
Sadly you waited till Mullivaikkal to take up your “moral” cudgel? So in some sense Mullivaikkal was waiting to happen? Did some people hope it will happen? Some people planned, paved the way, allowed, made it happen? It was crystal clear to any fool many weeks before Mullivaikkal this suicide maniac Prabakaran was forcibly taking thousands of innocent Tamil civilians to die with him in case he lost the fighting. Though this was pointed out by many humanitarians, Prabakaran refused to let them go, and the diaspora Tiger tails and the TNA refused to even condemn Prabakaran for not releasing them.
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Dodo / March 4, 2013
Good article Thiruni! Keep up the good work!
To support your point that democracy has deteriorated – and I agree one hundred percent you could also cite the illegal impeachment of Lanka’s first woman Chief Justices and the appointment of a second corrupt liar with many cases against him and conflicts of interest – the fact that Sri Lanka today has 2 chief justices and the people know this so that regime change is on the cards – sooner than later..
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Native Vedda / March 3, 2013
Ajay
Has Rajapakse clan strengthen democracy, accountability, empowerment, transparency, rule of law…..freedom of speech, ………trade union rights, ……..?
Could you explain what these geopolitical and geostrategic reasons are? Has it got anything to do with geoeconomics, geosociology, geochemistry, geogeograpghy, geohistory, geocookery, geoneedlework, geo…..?
I would be very grateful.
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Ajay / March 3, 2013
I’m glad you’re back. I was getting worried the world was becoming little unfamiliar.
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Native Vedda / March 3, 2013
Ajay
You haven’t responded to my mundane questions.
Don’t forget I live here.
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Ajay / March 4, 2013
They are not mundane questions to be just tossed away carelessly. One must pick them up fastidiously, and then raising the hand as high as one can, one should throw them with all one’s strength as farthest as one can manage.
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Native Vedda / March 4, 2013
Ajay
Are they too hot to handle?
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David Blacker / March 7, 2013
How can something too hot to be handled be picked up fastidiously, Ooruwarige Booruwa? You really must curb your urge to say something regardless of whether you have anything to say. It would be better if you spent more time reading and less time typing.
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Periyar E. V. Ramasamy / March 3, 2013
This great show Called the UNHCR has nothing to do with democracy, Corruption, Abduction, Good goverment.. Its to Punish Sri Lanka and All her people for Wanting and Giving the support to end the Brutal War No matter what cost.. The war was not just fought in some far and distant place such as thw wanni. The entire country war the war Zone thanks to the LTTE.. we all saw dead Children, Women, Men, even animals, Destruction to our Economy… And today the over simplification of a 30 year war all condenced to a few photos and to punish only a certin group or groups. But whay no mention of the main players who Supported Financed and armed this Brutal war for 30 years Such as TN politicians, LTTE eelam Lobbys (now re organised as Rights Groups).. There has been law and order issues way before the war ended for many years.. Yet not such a demonization Since it ended to seek justice for a few.. And I mean a few.. Since Eastern Tamils who broke away from the LTTE too had war declared upon them as well as sinhala, muslim, and Bugher… Screw the GOSL and many that had been in the past.. Justice will only come when everyone is accounted for That includes TN politicians, EELam western groups, Tamilnet and its affilate CMB telegraph, and many more
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R.KOVIAN / March 3, 2013
get lost u fool, dont use tamil name. Be brave and put your points.
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NAK / March 5, 2013
You should reply to his comment. Just asking him to get lost won’t prove what he say is wrong and calling him a fool without doing that makes you a bigger fool don’t you think!
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PresiDunce Bean / March 4, 2013
@Ajay
http://www.facebook.com/photo.php?v=10200668032374140
This is a speech given by Chandrika Bandaranaike Kumaratunga during the commemoration of Vijayas 25th death anniversary. 11.40 seconds long. She may have not been an angel during her presidency…but in hindsight you could say that compared to the despotic Roger Proxys, she was 100% better. She explains without mincing any words, what has befallen this country. Total impunity in the case of the rulers and abject servility in the case of the 3 brain celled majority. A must watch for MR sycophants, ass kissers and apologists.
Here is an example of what happens when the leaders are corrupt and give the younger generation the impression that anything can be solved through violence and impunity…
http://youtu.be/Y68OX5E6tOk
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Ajay / March 4, 2013
Prison Been
An excerpt from
President Chandrika Kumaratunga’s speech in the Parliament
after the presentation of the Constitution Reform Bill on August 3, 2000 where “she explains without mincing any words, what has befallen this country” because of the LTTE.
“We have been witnessing this confrontation with an LTTE terrorist group of about 5000 for a number of years even before we came to power. The LTTE are carrying on their terrorist campaign causing destruction not only in the North and East but also in the entire country for nearly 18 years saying that they are doing so to liberate the Tamil people who have been living with us for thousands of years in this country. The lives of young people and civilians have been lost in their thousands in this country owing to LTTE terrorism.
While the lives of thousands of young soldiers have been destroyed on the one side, the Sinhala, Tamil and Muslim villagers are being cut and chopped to death on the other. The lives of civilians are being destroyed by exploding bombs in Colombo and the other main cities. Friends this war was started during the UNP regime. It was the UNP who carried on this war for 11 years. It was at a time when the whole of the North of this country had been given over to Prabhakaran by the UNP Government that we took control of this country. We liberated 85 per cent of the North . This was something the UNP could never do. It is not only the lives of soldiers, policemen, the Sinhala people that have been destroyed, by Prabhakaran’s LTTE but also the lives of Tamil people and dozens of their leaders. Hundreds of lives. The lives of very valuable Tamil leaders have been destroyed. Even today the LTTE are keeping Tamil civilians as hostages in areas of the North and East under their control, destroying their lives.”
And “here is an example of what happens when the leaders are corrupt and give the younger generation the impression that anything can be solved through violence and impunity” according to the LTTE.
“…what has taken place in Sri Lanka (under President Chandrika Kumaratunga’s government) in terms of mass disappearances is a crime against humanity. The local commissions have concluded that most disappearances that occurred in Sri Lanka were killings after arrest; they have further concluded that disappearances were carried out as part of a plan approved by the highest political authorities. In terms of the number of persons killed, the Sri Lankan case is much worse than the East Timor case. It is also much worse than the case of the Chilean dictator Pinochet…” (Statement by Asian Legal Resource Centre, February 2000 quoted by Tamilnation.org)
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Aney Apochchi! / March 4, 2013
Ajay:
You have stated the case very succinctly when you say, “You should know it’s when the motives are most cynical that moral ideals are shouted most loudly.” YOUR shout in defence of the SriLankan mafia is nothing short of deafening given the FACTS that have been spoken to by EVERY SINGLE organization drawing attention to the butchery that has become commonplace in SL. I suppose you will now trot out the garbage that everyone from from AI, through the ICG to Nelson Mandela are in the pay of the LTTE who, if you and your ilk are to be believed have the master key to Fort Knox!
What monumental piffle!
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Ajay / March 4, 2013
Take it easy Apochchi. Don’t get hysterical now.
Relax. It is not good for ilk like you to trot and piffle at this age. It’s a monumental sin to drag Mandela to your cesspit.
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Anpu / March 3, 2013
Thank you Thiruni. You have explianed the current situation well.
“She adds that despite the resettlement of over 400,000 displaced by the war “. All of them are not resettled.
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LG / March 3, 2013
Anybody with their eyes even half open can see there has been a deterioration of democracy in Sri Lanka, Ajay…The 18th Amendment and the Impeachment of the chief justice not to mention the massive erosion of press freedom…
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Ajay / March 3, 2013
Show me one country in the world where the international community has intervened for “deterioration of democracy.”
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LG / March 3, 2013
I haven’t suggested that there should be intervention on the grounds of democratic deterioration(certainly not on these grounds alone).I was simply that denying this deterioration requires a certain amount of self-willed blindness.
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Ajay / March 3, 2013
I don’t oppose fighting against deterioration of democracy. But linking this fight to the UNHRC bandwagon is suicide.
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Aney Apochchi! / March 4, 2013
Ajay:
As the American Indians were alleged to say, “You talk with forked tongue.” How the hell can you talk about any of the eternal verities when you so assiduously defend the most corrupt and violent government to have ever imposed itself on any so-called democracy?
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Ajay / March 4, 2013
Apochchi
Mama Ehema kiwwe naha.
Naan appadi solla illai.
Me say no such thing.
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whywhy / March 3, 2013
Name of the game is not democracy.Its new version
“Demon right.”
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bonaparte / March 3, 2013
These are just reports. They do not speak or represent what goes on in the field, that actual people experience. Or the mood on the ground. I have been writing reports all my working life and therefore I know that reports can be produced to suit anything that one wishes to prove. They are just tools, similar to what monkeys use to recover kos eta from the bonfire. People with sinister agendas will of course use these reports to prove whatever they want. But I am sure that Sri Lanka will go forward with its own agenda according to what the people who live there want. If any revolution has to come, then it has to origniate from within, and not outside.
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Aney Apochchi! / March 4, 2013
Bonaparte:
I am not surprised that you use a pseudonym while claiming to have written multifarious reports (about God only knows what) If you wrote reports to fulfill the wishes of those who paid you, it says a great deal about the kind of person you were and are. There are some in this world who value moral and intellectual truth a bit more than this and I’d suggest that those whom you choose to denigrate in this manner belong to that class. NOT TO YOURS, THANK GOD!
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Safa / March 4, 2013
We know all and will do what we deem to be correct if and when neccesary, is the attitude of the govt. Certainly the govt does not do anything other than a certain agenda to colonise the north so that all communities are equal but unequal.
Constant prodding from the international community is required just as a mahout prods the elephant using the ankusa. Periodic proddings produced the LLRC and more proddings to implement. You can take a horse to the water but cant make it drink.
The most potent language understood is ‘badata gahanawa’, or hitting the stomach. Thats where it really hurts. To have an effect this is really neccesary.
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Dr.Rajasingham Narendran / March 4, 2013
Safa,
‘Dang badatta hondatta vadenawa’. The cost of living has become the main concern of the people. Belts are being tightened across the board . There are limits to this and the limits are being brutally tested now. The pain is tangible. The housing market is near dead. The economy is sluggish. The hope that was very tangible in 2010 and 2011, slowly evaporated in 2012. The sense of hopelessness is very palpable now. The extravagance ,corruption, bribery, highhandedness and propaganda are eliciting very negative response from the public.
The people are reacting. Unfortunately,they also see no other alternatives in the horizon. The government is moving rather rapidly into a situation such as that of the last Sirimavo government and the lack of alternatives is frustrating to many. The creepy crawlers in society like the BBS are trying to present themselves as the alternative. This is frightening.
Dr. Rajasingham Narendran.
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Konappu / March 4, 2013
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Watcher / March 4, 2013
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Oh Danny boy / March 4, 2013
IT IS TIME WE ALL SHAVED OUR HEADS AND JOINED THE B B S.
THEN WE COULD ALL JOIN HANDS AND PUT THE REGIME TO SHAME.
WE COULD GET THIS COUNTRY BACK ON IT’S FEET.
SAADHU SAADHU SAADHU.
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Native Vedda / March 4, 2013
Oh Danny boy
“THEN WE COULD ALL JOIN HANDS AND PUT THE REGIME TO SHAME.”
If you can’t win them join them.
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punchinilame / March 4, 2013
Ultimately the US sponsored Resolution is going to be S.Lanka co-sponsored Resolution!!!
MR and cabal know how to buy time with India and USA mutts. With
another year granted with whatever conditions, the local agenda will
be carried out so that there is no more Tamil issue for resolving.
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sam / March 5, 2013
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NAK / March 5, 2013
can anyone here tell us why Sri Lanka is Singled out in this UNHRcircus and how demoracrtic is that? Are we supposed to believe that this whole excercise is for the sake of human rights and rights of the minority Tamils of Sri Lanka? Are we supposed to believe that
US of A(GGRESSION)is really concerned about human rights of any human being on this Earth?
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Antany Peter / March 5, 2013
India has committed a crime against humanity by creating and equipping the ruthless Tamil Armed Groups. The Sri Lankan intellectuals haven’t forgotten what Indians have done to their neighbours and to their fellow Asians. I am warning the Indians, don’t go against your neighbours and your fellow Asians. Lots of Asians have done so much sacrifices to bring the majority Asians to this level. Those Asians have done far more sacrifices than Gandhi. I am warning the Indians not to play with fire. There will be a huge consequence, if Indians place their neighbours and the world majority Asian in danger. We believe that any action India takes with the Westerners in the name of democracy and human rights is to help minority Westerners to rule Asia and the world forever.
When it comes to fooling others nobody can beat the Westerners. The Westerners even surprise the devil. The Indians are with the Westerners, because they have a very short memory. The Indians are ignoring thier past between 1505 and 1947, it will lead to a disaster. The Indians are placing the whole Asia in danger. I know what is going on in Sri Lanka, we need a solution from the Tamil and the Sinhalese leaders, this will only happen through true revolution. Educating and informing the leaders is the only true and effective revolution, bringing the foreigners to have a solution will lead to a disaster. Educating and informing the Sinhalese leaders is easier than the Tamil leaders, because the Tamil leaders are under the grip of the Indians and the Westerners. Last week I met a group of Young Tamil leaders who were organising a lunch for Tamils refugees. Those young leaders are X – LTTE members who came to New Zealand three years ago as refugees. Those leaders don’t have any qualifications, have no idea about politics, they can’t even speak English, but the Westerners and Indians adore those leaders, in order to use those leaders to fulfill their motives.
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kali / March 5, 2013
Antany,
I am surprised you manged to fool some of this uneducated ex LTTE leaders and I dont know how you managed to arrange a meeting with them with your message of hate.
I am surprised at your ignorance when you say it is far easier to educate your so called Sinhalse Leaders and man you are living in a fantasy world. Look at where your leaders have taken your country to by denying the Tamils their legitimate and equal rights since independance. You have slaughtered thousands of Tamils. Since you say you live in New Zealand I am sure you understand english and for your information I tell you this.
Domestic violence is an internal and a private matter only upto a point but when it reaches a level where thousands of innocent Tamils are killed and raped which is endemic it becomes a public matter. If we take you as an example with your message of hate we are not going to educate a single Sinhalese let alone leaders who play the race card to win elections. We havent reached an understanding with Sinhalese for 3000 years and what makes you think that you lot are going to change.
You are never going to change and the only hope we have of achieving our rights is through outside intervention and why dont you threaten India that if the Indians dont heed your warning you will send you army to teach them a lesson after all you are a World power.
By the way I hope you have managed to find an office to carry on with your writing and accounting work and in addition to that I suggest you learn a little bit of Sri Lankan history which will do you a world of good.
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psfdz.pl / May 16, 2013
The equipment used to fabricate the various components will
typically manage within .005″ (0.12mm). Separate the edge of some of the mould from the exact plug.
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