Usha S Sri-Skanda-Rajah
With his application for asylum in Canada denied and all appeals against his deportation order exhausted, except for a pre-removal risk assessment process and possibly an application for a “National Interest” exemption, I share here the major concerns I have why former TNA MP, M K Eelaventhan should not be deported to Sri Lanka.
Earlier in April 2014, in an application for judicial review of the findings made by the Immigration and Refugee Board (IRB), the Federal Court agreed with IRB that Mr. Eelaventhan was inadmissible under 34/1 of the Immigration and Refugee Protection Act.
34. (1) provided that:
A permanent resident or a foreign national is inadmissible on security grounds for (a) engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada; (b) engaging in or instigating the subversion by force of any government; (c) engaging in terrorism; (d) being a danger to the security of Canada; (e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b) or (c). Exception (2) The matters referred to in subsection (1) do not constitute inadmissibility in respect of a permanent resident or a foreign national who satisfies the Minister that their presence in Canada would not be detrimental to the national interest.
The main question centred round the argument that, “the LTTE was sufficiently connected with the TNA such that the membership in the TNA was tantamount to membership in the LTTE.”
Pre-removal Risk Assessment of Mr. M K Kanagendran:
In assessing the risks of Mr. M K Kanagendran, (better known and referred to as Mr. Eelaventhan) returning to Sri Lanka under a deportation order, I want to place the following major concerns, for the perusal and consideration of those who will be making that determination – concerns that would no doubt put him at high risk if deported.
- The muzzling of his political beliefs, forcing him to compromise his long held aspirations would in effect even kill him, on his deportation, considering his age
- The probability of being charged under the 6th Amendment
- His being elected a member of parliament of the TGTE (Transnational Government of Tamil Eelam), a banned organisation in Sri Lanka, would put his safety and security at risk if deported
- Since torture, arbitrary detention and abductions continue in Sri Lanka even under the new regime of President Maithripala Sirisena , there is every likelihood he would be persecuted and subject to interrogation and torture by the CID, the infamous Criminal Investigation Department, particularly because of his advocacy work against Sri Lanka, including speaking against human rights violations in Sri Lanka and calling for the restoration of the Tamil Home-land, Tamil Eelam
1. The muzzling of his political beliefs, forcing to compromise his long held aspirations would in effect even kill him, considering his age
Mr. Eelaventhan has been a lifelong activist for the restoration and reconstitution of the Tamil Home-land, Tamil Eelam in the North and East of the island of Sri Lanka. The 6th Amendment to the Republican Constitution of Sri Lanka (the constitution itself was passed without the assent of Tamil MPs), criminalises any discourse inside or outside parliament involving the restoration of Tamil Eelam.
Mr. Eelaventhan’s activism began when he was in his early twenties, when he joined the Federal Party (Tamil Arasu katchchi) in 1952. His activism became more intense in 1956 when the Sinhala Only Act was tabled in Parliament making the Tamil Language redundant and Tamils second class citizens. He was an able assistant to Mr. S J V Chelvanayagam, the leader of the Federal Party and was involved in non-violent “Satyagraha” driven protests against the Bill. After the overwhelming mandate that the Vaddukoddai Resolution of 1976 received, which called for the restoration and reconstitution of the Tamil Home-land, Tamil Eelam, (the 40th anniversary commemoration of which is this year) he became a staunch advocate of Tamil Eelam and has been so ever since. When he became a Member of Parliament, under the national list system, under the TNA (Tamil National Alliance – formed in Oct 2001), despite the 6th amendment he continued agitating for Tamil rights within the limitations of the 6th amendment. When he lost his parliamentary seat, having been replaced by a Muslim representative by the TNA, and the Sri Lankan Government offensive was growing more aggressive, he found it necessary to go abroad and draw the attention of the international community to the Genocide that was being perpetrated against Tamils – A Sri Lankan government offensive that was taking a new dimension in the Tamil Homeland; he needed to inform the world of the sad plight of the Tamil people. He went to South Africa in early January of 2009 and undertook a fast in early April, until he was forced to end it after 9 days due to his deteriorating health.
When the bombing of civilians by the Sri Lankan army got worse, he went to America in the latter part of May and sought asylum in Canada on August 6th 2009.
Deporting him back where he would be muzzled, unable to continue his advocacy work towards the restoration of Tamil Eelam, would affect his health and in effect even kill him, not to mention the likelihood he would be arrested under the Prevention of Terrorism Act of 1978, for his activism abroad, the very reason for his imprisonment earlier under the said Act in September 1979.
2. The probability of being charged under the 6th Amendment
Mr. Eelaventhan could be charged under the 6th Amendment of the Sri Lankan constitution which provides: “No person shall, directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka,” which if found guilty, could strip him of his civic rights and more.
3. His being elected a member of parliament of the TGTE (Transnational Government of Tamil Eelam), a banned organisation in Sri Lanka, would put his safety and security at risk if deported
The Sri Lankan government under former President, Mahinda Rajapaksa banned many Tamil individuals and Tamil Diaspora organisations including the TGTE – this for their work towards calling for the investigation and prosecution of the Sri Lankan armed forces and the former President himself, for war crimes and for genocide. The new regime under President Maithripala Sirisena later lifted the ban on some but continued the ban on the TGTE.
At the outset Mr. Eelaventhan stood for elections and won a seat in the TGTE parliament representing Canada, TGTE being a political formation that espouses democracy, believes in non-violence, adheres to the laws of the country the members live in and committed to diplomacy towards achieving its two main objectives among other:
- Achieving justice and a referral to the International Criminal Court for Mass atrocity crimes such as war crimes, crimes against humanity, ethnic cleansing, rape, torture, abduction, disappearance and genocide of the Tamil people in Sri Lanka by the armed forces and government of former President Mahinda Rajapaksa which still persists under the new regime of President Maithripala Sirisena.
- Calling for a UN sponsored Referendum for the people of the North and East and the Eelam Tamil Diaspora to decide on the restoration of an independent Homeland, Tamil Eelam or otherwise.
Mr. Eelaventhan is actively and peacefully engaged in furthering the above causes through his writings and speeches and through his advocacy work for human rights. It goes without saying his membership of the TGTE would make him an object of persecution if deported.
4. Since torture, arbitrary detention and abductions continue in Sri Lanka even under the new regime of President Maithripala Sirisena , there is every likelihood he would be persecuted and subject to interrogation and torture by the CID, the infamous Criminal Investigation Department, – particularly because of his advocacy work against Sri Lanka, including speaking against human rights violations in Sri Lanka and calling for the restoration of the Tamil Home-land, Tamil Eelam
It’s well known that deported asylum seekers have been subject to torture.
But now rights groups have found that torture still continues unabated in Sri Lanka.
Two rights groups – the South Africa based, International Truth and Justice Project (ITJP) and the UK based group, Freedom From Torture have both alleged, “ethnic minority Tamils in Sri Lanka continue to face torture a year after President Maithripala Sirisena came to power promising reform,” saying, “they interviewed victims who said they were arbitrarily detained, tortured or gang raped.” The Freedom From Torture group said a “well-organised machine” continued to torture and repress Tamils and it was not merely a case of a few “rotten apples”.
About Mr. M K Eelaventhan
It’s our belief that Mr. M K Eelaventhan is an inspiration to the victimised and remains a strong voice for voiceless. We are fortunate to have him in our midst. He lives a frugal life but an exemplary life. In many ways he can be compared to Mahatma Gandhi and Nelson Mandela. A highly principled man he has undergone much suffering and made many sacrifices to remain committed to his moral and political beliefs. We believe he is an asset, being able to speak in impeccable English and Tamil and also well read; he is also a prolific writer, a masterful orator and an incredible resource person.
He is surrounded with books and papers on our freedom struggle and that’s his only pre-occupation and reason for living. He sleeps and wakes up with it! Despite his advanced age, he is full of energy, a vegetarian and thank goodness remains healthy. We have never found him to be unwell or a burden on any one.
By his spirituality, appetite for service to others and strong moral convictions, he has endeared himself to people of all walks of life. He has devoted himself to defending the dignity, security, freedom and human rights of the Tamil people. He believes the solution to Tamil Eelam is Tamil Eelam! That sums up his life and purpose!
Conclusion
Sadly Mr. Eelaventhan had exhausted all his appeals and the only thing left is a pre-removal risk assessment process to show why he shouldn’t be deported; and possibly an application for a “National Interest” exemption. I wish to put on record the above major concerns and the fact that whilst Mr. Eelaventhan is being deported, and even while his asylum application was denied, some TNA MPs were coming and going freely in and out of Canada without any security concerns. By this it’s clear that the right hand didn’t know what the left hand was doing and vice-versa. It’s a great injustice that he has been treated /judged differently.
It’s a travesty of justice Mr. Eelaventhan is being deported for, “being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts of terrorism,” on the determination that, “the LTTE was sufficiently connected with the TNA, such that the membership in the TNA was tantamount to membership in the LTTE.”
It’s preposterous to accuse the TNA of being a member of the LTTE, it shows a total lack of appreciation of what going on in Sri Lanka. No one made that conclusion, not even the Sri Lankan government, it couldn’t have, there was no evidence, period.
Although not condoning the violence, the LTTE itself was an unavoidable response that arose only to defend against state sponsored terrorism.
In fairness the Harper government boycotted CHOGM (Commonwealth Heads of Government Meeting) held in Sri Lanka during the Rajapksa regime, condemning human rights violations in Sri Lanka and the impeachment of the Chief justice.
It’s a fact that the newly elected Prime Minister of Canada, Justin Trudeau has always stood up and defended Tamil asylum seekers in the Canadian Parliament when he was the Immigration Critic for the Liberal Party. See links below. ( here, here, here, here and here )
It is my hope the above serious and valid concerns are persuasive towards stopping forthwith the deportation of Mr. Eelaventhan and granting him asylum and permanent residence in Canada where he feels safe.
*Usha S Sri-Skanda-Rajah – Senator, TGTE
Plato. / January 23, 2016
Usha.
Your line…..
In many ways,he can be compared to Mahatma Ghandhi and Nelson Mandela…
I would suggest that you should not make an ass of your self,should you desire to be taken seriously!
/
Bensen Berner / January 23, 2016
dear Plato,
I cannot agree more. Bensen
/
Rambutan Seed / January 23, 2016
Usha, Who cares? Tell it to aomeone who cares!
(Or do something useful).
/
Justice / January 23, 2016
Eelaventhan is almost sure to be arrested and incarcerated under the PTA like what is happening even now to tamils who return after long absence.
The Sirisena regime should take a pragmatic view and prevent this, as there is a proposal to abolish the PTA.
/
Jim softy / January 23, 2016
How about Karuna and KP, they are not yet arrested.
Eelavanthan is just a politician who sold eelam to voters, when he could not achieve it he gave it up and abandoned the people who engaged in it., now he does the same politics from canada. Canadian politicians like any leaders who can give some block votes.
/
Saro / January 25, 2016
“How about Karuna and KP, they are not yet arrested”.
Jim Softy imlies they might be arrested in future.
Karuna and KP did many ‘favours’ to Sri Lankan government including killing, handing over millions of cash and gold LTTE left behind, yet, not sure if they will continue to be free.
Ex-MP Mr Eelaventhan holds on to his policy but has not resorted to any violence. Under LTTE TNA had no choice other than toeing the line. Many TNA MPs are allowed to visit Canada and why should Mr Eelaventhan is singled out for harsh treatment.
/
S,Sivathasan / January 23, 2016
Usha S Sriskandarajah has argued for the non-deportation of Eelaventhan as convincingly as any Canadian could have. If there be a Tamil who needs political asylum for uncompromising political convictions, it is Eelaventhan, it is Eelaventhan, it is Eelaventhan. If there is a person to write so persuasively and with such sincerity against deportation, it is Usha, it is Usha, it is Usha. Both are respected by enlightened Tamil opinion for their unshakeable political activism.
Socrates, sentenced to death by drinking hemlock spoke forcefully against the verdict and the sentence. He declared that he knew no fear and feared not death. Living any more was never his desire. What he sought was the avoidance of the ignominy to descend on Greece that “THERE WAS NO ATHENIAN TO SPEAK UP FOR RIGHTEOUSNESS”.
Will it ever be kind for history to record that in Canada reputed as a palladium of justice, “THERE WAS NOT A SINGLE CANADIAN TO SPEAK UP FOR THE RIGHT AND STOP DEPORTATION?”.
I have known Eelaventhan for half a century and we have discussed political issues interminably. Never had we even adverted to talk on violence, conspiracy or subversion. He hails from a respected family and had his education at St. John’s College, Jaffna. My Father taught him and spoke of his character and devotion always in the highest terms. Eelaventhan had his public service career at the Central Bank and he devoted his undivided loyalty to that institution.
We who have gone through travails and witnessed tragedies for so long know what an uncertain time awaits him if ever his asylum is revoked and he is exposed to an unmerciful fate.
I speak for him knowing instinctively and intuitively the dangers that lurk menacingly around a public personality of Eelaventhan’s standing.
S.Sivathasan
Retired Secretary and
Former Advisor to President Chandrika.
/
Usha S Sri-Skanda-Rajah / January 25, 2016
To Mr. Sivathasan:
No words Sir for your kind comment, except so chuffed to get your support – this should go a long way! Appreciate it very much!
Kind regards
Usha
/
Eusense / January 26, 2016
USSR,
I feel Eelaventhan and you should take the cyanide capsule before being deported. The same way you forced innocent child soldiers of the LTTE to do so.
/
Uthungan / January 25, 2016
I am sure this megalomaniac will not be arrested when he arrives in SL, considering the fact that he was not arrested when he was deported from India at the behest of the Jayalalitha regime a few years ago.
After arriving in SL he established contact with the LTTE and contested Parliamentary elections with it’s blessings and became an MP.
Later on he fell foul with the LTTE after going to the West on a fund collection campaign, and the LTTE confiscated his official vehicle. He eventually lost his seat due to being absence without leave from parliament.
Having lost hope he left his wife and went to Canada and applied for asylum.
Now that his asylum application has been denied he is again facing deportation.
/
Spring Koha / January 23, 2016
Usha S Sri-Skanda-Rajah,
Thank You for sharing your concerns.
Mr. Eelaventhan, however, is a big boy, and though he did the smart thing when the going got hot, circumstances are, finally, now, conducive for him to return and to resume ‘actively and peacefully engaging in furthering’ the causes he holds dear.
We need people like Mr Eelaventhan to be HERE, to espouse his cause, recalibrate, and work towards a future for all Sri Lankans.
No one can give guarantees in this wicked world, but it is highly improbable that Mr Eelaventhan will encounter anything like he did is those dark days in the time that he left. Indeed he might discover present circumstances quite refreshing.
/
Rajash / January 23, 2016
[Edited out]
/
rajash / January 23, 2016
[Edited out]
/
Nirmala N / January 24, 2016
Rajash
Sadly two knockout for you.
Ealaventhan is a [Edited out]. A gutless failed politician indeed.
Why is he bootlicking the Canadian government for asylum. There is no threat for him in Sri Lanka.
He may had worries with my Guru Rajapakse when he was ruling. But his Mahinda Chinthana would not have harmed him.
I am redrafting the Mahinda Chinthana to make it a world class one. It gives protection to Eelaventhan likes.
He should go back to Sri Lanka and fly the flag of Eelam in Mulli Vaykal.
Then we can support him.
/
thondamanny / January 23, 2016
Why Eelaventhan Should Not Be Deported To Sri Lanka ??
Why? [Edited out]
/
Kandiah N / January 23, 2016
“……….the determination that, “the LTTE was sufficiently connected with the TNA, such that the membership in the TNA was tantamount to membership in the LTTE.It’s preposterous to accuse the TNA of being a member of the LTTE, it shows a total lack of appreciation of what going on in Sri Lanka. No one made that conclusion, not even the Sri Lankan government, it couldn’t have, there was no evidence, period.” – Usha.
The reasoning of the IRB is seriously skewed logic. If Mr Eelaventhan is deported because he is a member of the TNA, then a majority of the Eelam Tamils, who are members of TNA and voted for it, all come under the same criteria. Its not that. What people are concerned about is the personal vendetta of the Sri Lankan Govt. against Eelaventhan, because he was continuously exposing the human rights records of Sri Lanka and other genocidal acts. – KN
/
Usha S Sri-Skanda-Rajah / January 25, 2016
Thank you Mr. KN, appreciate your support!
/
Pandaranayagam / January 23, 2016
Mr. Eelaventhan (MKE) should not be deported to Sri Lanka – that has a notorious record for extremely cruel treatment to Tamil political prisoners. Who can forget the organised killing of political prisoners held in the highest security cells of the Welikada prisons in July ’83.
Sri Lanka’s reputation dimmed in the eyes of the world when armed killers and criminals, from outside, were allowed in with collusion from the Police and the Army on guard. They were joined by notorious IRC’s in the prisons who personally hammered to death nearly 50 prisoners in two consecutive days. One even drank the blood of a prisoner while another ate the flesh of a Tamil prisoner. These details were confirmed by two honourable and brave senior Prisons officials before several Commissions of Inquiry. The hatred and prejudice has not abated. It has, in many cases, become worse today.
MKE is a peaceful and law abiding man. He is entitled to his political views. He conducted himself lawfully in the many years he was in Canada. Liberal Canada should not deport this ageing man to the terrible conditions in Lankan prisons – where he will surely be subject to painful death.
It was only the other day drug-traffickers, some in Parliament, took revenge on their competitors in the Welikada prison by gaining the support and confidence of a notorious senior official – more powerful than Ministers at that time – and shot to death dozens of IRC’s in a bitter business rivalry that went on for hours – using rogue elements in the army coming in army vehicles and using army weaponry. Canada must consider the extra-ordinary conditions and flawed justice in Sri Lanka before sending MKE to a certain death.
Pandaranayagam
/
Usha S Sri-Skanda-Rajah / January 25, 2016
Thank you Mr. Panadaranayagam for exposing the unsafe conditions in Sri Lanka Prisons.
Appreciate your support…
/
Pandaranayagam / January 25, 2016
I am not suggesting MKE will be killed by President Sirisena, PM Ranil or the higher officials in the Prisons system. I also accept the security situation to Tamils island-wide is relatively safer. However, if MKE was to come here and jailed, for one reason or the other, in the Sinhala South there is every chance his life will be in danger. This can come from “super-patriotic” Sinhala IRCs acting at the behest of racial extremists. This is happening even today in Prisons in Colombo, Negombo, Anuradhapura – and perhaps elsewhere too.
I do not agree with the description he is “nutty” in his approach to the Tamil issue. Like many, he is very passionate and feels strongly for the Tamil people. I have known him from his CBSL days enthusiastically coming for lectures/talks on the Tamil Question with his umbrella – by bus. His questions during Q & A – provocative and extra-ordinary. I was glad he was invited to be MP. I am also aware of how he was stripped of his post, which belies the belief he is a risky “Tiger”
I have had the good fortunate of meeting Usha and her husband. I am glad she continues her amazing and tireless struggle for the Tamil Nation and our people. History records many instances where people in long bondage have freed themselves because of the dedicated and fearless services of a few.
Pandaranayagam
/
Eusense / January 26, 2016
Panda,
More Tamil politicians were murdered by the LTTE which Uma belongs to than the Sri Lankan gov. If you like to see the list here it is;
http://www.defence.lk/new.asp?fname=Tamil_Politicians_Priests_Public_Officials_and_Academics_killed_by_the_LTTE_20131103_01
/
Jim softy / January 24, 2016
Why Tamils don’t choose to go back to Tamilnadu. Instead come to sri lanka and get trouble ?
/
Pandaranayagam / January 25, 2016
Jim Shifty,
Forefathers of all those who claim to be Sri Lankans today, Sinhala South or Tamil North East, came from Tamilnadu and India. The only difference is when and where did they come from. Ancestry.Com might
not help too much.
BTW, in a legal tussle on the Kadirgamam Temple issue in Courts now someone, said to be living in Boralesgamuwa, claims he is the descendent of the Kapurala of the Devale consistently from 2,300 years ago. The man tells Court he is a descendent of King Thustagami (Dutugemunu) as well????
Pandaranayagam
/
Kumarathasan Rasingam / January 27, 2016
Sri Lanka [Ceylon] is a Hindu Tamils country from the beginning; Theere are evidences to prove with evidence of the Five Eeswaram [Temples for Lord Siva] in the North South East, west And center;
Naguleswaram in the North
Thondeswaram in the South
Thirukeetheswaram in the East
Muniswaram in the West.
The Sinhalese [who were kicked out from India for their wicked acts] landed in Sri Lanka and the Prince married a lioness and they proudly call themselves as Sinha La
[Lion.s blood] what a shame.
/
Ashraff / January 24, 2016
Tamil homeland is Tamil Nadu.
/
anotherbuddist / January 24, 2016
OMG what a lot of dribble about a terrorist/ terrorist sympathiser from other terrorist sympathisers. I have news for you! Canada has other ‘priorities’ / other ‘refugees’ they have to take in for their political survival (otherwise the big bully/ biggest terrorist south of the border will ensure their demise). So move on darlings and go spend your illgotten LTTE dollars / have fun. If Sri Lanka is that dark place before and after the regime change, how come you have the freedom to write, this journal to publish and move around the country? And your TNA and other politicians to say what they like- mostly racist, fascist statements? You cannot do that in Canada or any other places you hoodwinked in as refugees?
/
Dr.Rajasingham Narendran / January 24, 2016
Eelaventhan should be permitted to return and lead a normal life.i have perceived him to be a very sincere person, but somewhat ‘ nutty’ in his approach to the Tamil issue. He should be permitted to see the ‘ real’ issues of concern in the north and east and the ‘ after effects’ of the course he has promoted for so long. Even if he does not change his mind, at his age he could do no harm, considering that there will not be many to support him.
The place for the likes of a ‘ Mahatma Gandhi cum Nelson Mandela’ as the author describes him, is among his people. Gandhi identified with his people – the poor multitude- by identifying by becoming one of them. He was ready to die for his and his people’s cause. Their concerns were his. He dressed like them in the cold winter of London. Eelaventhan, should not have sought asylum in Canada, whatever the circumstances and threats were. He should have been ready to sacrifice his life for his cause. In my opinion he is not a Gandhi or Mandela, but a sincere, emotive Tamil, who chose to tread a wrong path. He is yet a player in our sad history.
Permitting him to return would be a grand gesture for the government of Sri Lanka and a major step,towards reconciliation.
Dr.Rajasingham Narendran
/
Uthungan / January 25, 2016
I am sure this megalomaniac will not be arrested when he arrives in SL, considering the fact that he was not arrested when he was deported from India at the behest of the Jayalalitha regime a few years ago.
After arriving in SL he established contact with the LTTE and contested Parliamentary elections with it’s blessings and became an MP.
Later on he fell foul with the LTTE after going to the West on a fund collection campaign, and the LTTE confiscated his official vehicle. He eventually lost his seat due to being absence without leave from parliament.
Having lost hope he left his wife and went to Canada and applied for asylum.
Now that his asylum application has been denied he is again facing deportation.
/
Rajash / January 26, 2016
There is no Gandhi or Mandela in Sri Lanka and there will never be one.
To compare any one past/present in the political or civil circle as Gandhi or Mandela is a joke.
If any one wish for a Gandhi or Mandela to bring peace and harmony to Sri Lanka , he/she need to come form the Sinhala community and not from the minority communities.
/
Dr.Rajasingham Narendran / January 27, 2016
What you say makes sense.
Dr.RN
/
kali / January 24, 2016
Dear Usha:
Why Eelaventhan Should Not Be Deported To Sri Lanka
*** It is good to hear from you and whilst I sympathise with Mr.Elaventhans plight let me analyse your Article and offer my thoughts on his difficulties
1) Earlier in April 2014, in an application for judicial review of the findings made by the Immigration and Refugee Board (IRB), the Federal Court agreed with IRB that Mr. Eelaventhan was inadmissible under 34/1 of the Immigration and Refugee Protection Act.
*** I have read the IRB findings and it is had to find any holes and that is no comfort to Mr.Elaventhan.
2) The main question centred round the argument that, “the LTTE was sufficiently connected with the TNA such that the membership in the TNA was tantamount to membership in the LTTE.
*** Sadly this is in the Immigration and Protection Act.
3) Pre-removal Risk Assessment of Mr. M K Kanagendran:
*** Taking into account everything you have written I will give you my take on this at the End.
4) His being elected a member of parliament of the TGTE (Transnational Government of Tamil Eelam), a banned organisation in Sri Lanka, would put his safety and security at risk if deported.
*** The above is part of his problem and his own making. Why did he choose to get involved in TGTE while his application was under consideration. He palyed into thier hands.It is going to be difficult to undo the damage.
5) About Mr. M K Eelaventhan
It’s our belief that Mr. M K Eelaventhan is an inspiration to the victimised and remains a strong voice for voiceless. We are fortunate to have him in our midst. He lives a frugal life but an exemplary life. In many ways he can be compared to Mahatma Gandhi and Nelson Mandela. A highly principled man he has undergone much suffering and made many sacrifices to remain committed to his moral and political beliefs. We believe he is an asset, being able to speak in impeccable English and Tamil and also well read; he is also a prolific writer, a masterful orator and an incredible resource person.
*** As an astute politician he should have known the Law of the Land and respcted the Law and waited like you all did before engaging in politics.
6) Conclusion
I wish to put on record the above major concerns and the fact that whilst Mr. Eelaventhan is being deported, and even while his asylum application was denied, some TNA MPs were coming and going freely in and out of Canada without any security concerns. By this it’s clear that the right hand didn’t know what the left hand was doing and vice-versa. It’s a great injustice that he has been treated /judged differently.
*** I am sure you appreciate that the above argument is difficult to advance as there is s subtle diffence.
The TNA MPs who are coming and going are subject to Immigration Control and I am sure would they have been told not to engage in activities which might bring them into conflict with the National Law whereas Mr. Elaventhan was already in breach by engaging while his application was under consideration by making the life of the decision Maker difficult.
7) It’s a travesty of justice Mr. Eelaventhan is being deported for, “being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts of terrorism,” on the determination that, “the LTTE was sufficiently connected with the TNA, such that the membership in the TNA was tantamount to membership in the LTTE.
*** But sadly the LTTE are still a banned organisation eventhough we know what we fought for was justand reasonable.
8) It’s preposterous to accuse the TNA of being a member of the LTTE, it shows a total lack of appreciation of what going on in Sri Lanka. No one made that conclusion, not even the Sri Lankan government, it couldn’t have, there was no evidence, period.
*** It may be but we all know that Prabkarans message is going to revebrate for a very long time and anyone who ignores that will do so at their own peril as we found out from the Campaign speeches by TNA MPs. It is in the air that we breathe.
9) In fairness the Harper government boycotted CHOGM (Commonwealth Heads of Government Meeting) held in Sri Lanka during the Rajapksa regime, condemning human rights violations in Sri Lanka and the impeachment of the Chief justice.
*** Why dont you collect signatures from prominent groups and make a represenation to Mr.Harper.
I give you my thoughts on his troubles and some tips.
Here in the UK being a member of the LTTE is and was not a Bar to Asulum.Many LTTErs have been granted Asylum but they entered the Country Illegally except Karuna who arrived on a Diplomatic Passport given by Gotha and that was why he was deported.
But Mr.Elaventhan problems may be due to the following.
1) He didnt arrive in Canada clandestinely.
2) He arrived in the United States from Sri Lanka with a Visa ( meaning from Bandaranake Airt Port) which means he was free to travel and was not fleeing the Country. a) The Refugee Convention says that you should claim Asylum at the first available opportunity. b) He should have gone to Canada clandestinely so the mode of entry is important.
As for the way ahead.
I dont know where the rest of his family are as that makes a lot of difference. If they are all in Canada he can rely on the following.
1) Family life 2) Private life.
Here in the UK if your mail Asylum Claim fails you can Invoke Article 8 of ECHR and take the case up to European Court if you dont succeed in National Courts. My guess is that in Canada you dont have a similar life line.
Wish him all the best for the future. Old age can be cruel.
/
Angus / January 25, 2016
Kali Mandai says “the LTTE was sufficiently connected with the TNA”
Kali Mandai needs to get back to mental asylum where it belongs.
/
kali / January 25, 2016
Angus you Fungus:
PARASITES like you only thrive in dirty water whereas LTTE were sons of the soil and thrived amongst the people. It is a hard pill to take for Sinkalams like you.
You claim to have defeated the LTTE but look where you have ended up. Defeated by the New Colonial Masters ( India & USA) and in the GUTTER as a SLAVE.
Look at the turn of events.
Port City Cancelled
Cheenavedi booted out.
Order to buy Pakistani Jets ( Crap) cancelled by the new Colonial Master.
Forced to sign ECTA with Colonial Master.
Tunnel & Bridge in the pipe line.
Sovereignty LOST. You are screaming like a Maduva Thavaikai about to perish.
How much more Insult can you take both Personal & National You must have a Crocodile Skin DARK
When are you going to wake up and start fighting for Freedom.
/
Eusense / January 26, 2016
Kali,
OK. Got it!
Now, what about you saying “the LTTE was sufficiently connected with the TNA” ?
/
Ellalan / January 26, 2016
Eusense aka Nuisance,
This bloody psycho Kali will not respond to you. Kali only has shit in his head, so this shit head Kali craves for blood bath.
Ask Kali again!
Kali, OK. Got it! Now, what about you saying “the LTTE was sufficiently connected with the TNA” ?
/
kali / January 26, 2016
No SINKALAM.
This is GEMUNU speaking.
/
kali / January 26, 2016
Nonsense:
Get it right Idiot. TNA was duty bound to link up with LTTE. Got it.
/
Eusense / January 26, 2016
kali,
Why are you so mad?? I just ask a question to clarify what you had said. Take it easy man! You might need some anger management training.
/
kali / January 27, 2016
Nonsense:
I am so angry because you are Mad & Stupid. Do you understand anything. Try Angus the Fungus. You seem to feed off each other.
/
Mango / January 27, 2016
Hi Koli,
Please answer Eusense on; OK. Got it! Now, what about you saying “the LTTE was sufficiently connected with the TNA” ?
I love you, xoxoxo!
/
kali / January 27, 2016
Rotten Mango you SLAVE.
I didnt know that your Brain ( Questionable whether you have one) is as tiny as that of Eusense the Nonsense , Angus the Fungus.
Let me give it to you traight for the last time and pass it to Nonsense. LTTE and TNA are joined at Birth. When Sambanthan the new Clown challenged the Supremo he only polled a Few Votes.
In the election for CM TNA had to sing LTTE anthem to win the election.
In many ways Birds of a Feather Flock together.
You Nonsense and Fungus
TNA & LTTE
Instead of going over settled facts why dont you rebutt my Charge of SLAVE which is more important. If in doubt listen to Keith Harper and Sushma you DEAF.
/
Uthungan / January 25, 2016
Kali
When Eelaventhan compared with that doughty old man David Iyah I would vote for the latter.
To put David Iyah on the pedestal with Gandhi, Mandela, Or Martin Luther King would be more apt than Eelaventhan. because David Iyah was an able technocrat, a bachelor who live at the YMCA and was inspired by Gandhi. He escaped from Batticaloa prison where he was imprisoned for being associated with Dr.Rajasundetan who was killed in the Welkade prison with KuttiMani and others in 1983.
David Iyah returned to Lanka without any fanfare, and lived in the service of his people during his last days at Kilinochchi and died peacefully as a dedicated Gandhian.
He cannot be compared with Eelaventhan who was nutty as another commentator observes elsewhere in this column.
/
Dr,Rajasingham Narendran / January 25, 2016
Dr,Rajasunderam and David Aiyah were indeed Tamils who should be worshipped. What they did with Gandhiyam to mobilize resources to up lift the poor and downtrodden in the Vanni was stupendous. They were imaginative and caring builders builders and not nasty and venomous destroyers. They were also not scampering mice either. They did what they did in deeds in very difficult circumstances. Eelaventhan cannot be compared to them. Ythey were Giants.
Thanks for reminding me of them.
Dr.RN
/
kali / January 25, 2016
Unthugan:
What is your point. It looks like you are looking for a Third Party involvement.
/
Usha S Sri-Skanda-Rajah / January 25, 2016
What happened? I love the more positive Kali!
Love you..
/
kali / January 25, 2016
Any time my dear. Take care and pass on my regards to Mr.Eelaventhan
/
Usha S Sri-Skanda-Rajah / January 26, 2016
I will Kali
/
Karikalan Saravanan / January 25, 2016
I endorse Mr.Sivathasan comments on Mrs. Usha Sri-Skanda-Rajah’s article eminently presented vis-a-vis the serious risks which Eelaventhan would encounter upon removal to Sri Lanka. Canada Immigration (CIC) finds him inadmissible to Canada. Why? Eelaventhan is a “terrorist” by association, in that he is a former TNA MP, and that TNA, allegedly, had links with LTTE.
IF so, how did CIC allow TNA leader Mr.Sampanthan MP to travel to Canada many times, post-war. Lion-share of the crime should be apportioned to the leader.
There is another “Terrorist” by name Gerry Adams MP, Leader of Sinn Fein,the political arm of the dreaded IRA,had visited Canada at will in 2001, Nov. 2002 and, lately, in Nov. 2009. In 2001, he had even launched the “Friends of Sinn Fein” outfit in Canada.How did he become admissible?.
In 2001, Canada conferred “Honorary Canadian Citizenship” on the Commander of “Umkhonto we Sizwe” (Spear of the Nation”), a violent “terrorist” armed group, formed to prosecute a terrorist war against a white regime – a group, which was in the U.S. Terrorism List until 2008. Canadian (then) PM Brian Malroney strained his nerves to convince British PM, Margaret Thatcher and US President Ronald Reagan that Nelson Mandela was NOT a terrorist!. Everytime the erstwhile “terrorist” Mandela visited Canada there was jostle to see him, to be seen by him and shake hands with him, CIC bureaucrats included. (Of course, it is another matter that Mandela was a legendary freedom fighter and leader par excellence ).
The lesson? IF you lose the battle, you are a “terrorist”, demonized, drawn and quartered and IF you win, you are hailed as a hero!
Now, coming back to Eelaventhan. He has right throughout been a sincere and committed individual with strong convictions. As a result, he has gone though lot of trials and tribulations. I have known him and his family. He has never been a party or privy to any violent activity. A pacifist by nature with a religious bent. Ms. Usha Sri has presented Eelaventhan’s case in the correct perspective.
CIC’s capricious approach is worrisome.
/
Rohan R / January 25, 2016
One less LTTEr in SL. Canada please keep him. We know tou like terrorist more than any other country
/
Shanthan / January 26, 2016
First to clear some mis-conceptions. Eelaventhan never contested any election. He was appointed as a national list MP by the LTTE in 2004.The jeep he used as an MP was sold by the LTTE and the proceeds handed over to him intact. It is highly ridiculous if not a supreme insult to compare Eelaventhan to Gandhi and Mandela. These two world leaders were in and out of prison as a result fighting for the freedom and liberation of their country and people. Eelaventhan never went to prison for his political activities even for a day. Usha is always given to obvious and intentional exaggeration bordering on hyperbole. On reading the long rigmarole one is forced to come to the conclusion that Eelaventhan misfortunes are self-inflicted. It is not understood why a political asylum seeker in Canada should indulge in TGTE politics, a banned entity that is fighting for Tamil Eelam? Which country will tolerate such provocative and stupid behaviour? Many people have posed the question why Canada allows TNA MPs, but wants to deport Eelaventhan? The TNA MPs are coming to Canada on tourist visas. They did not ask for political asylum like our friend. Eelaventhan misused the hospitality afforded by Canada to indulge in politics of separation. Finally, he can easily return to Sri Lanka with his Sri Lankan passport. Unlike S.A. David who broke jail while in custody, Eelaventhan is a non-entity as far as Sri Lankan authorities are concerned. A few weeks ago his name was removed from the terrorist list. My advice to him, please return to Sri Lanka and join your wife who is living alone by herself. If he does not return on his own, he will face deportation and that will be his second in his life. In 2000 he was bundled out unceremoniously within 24 hours because he was seen meddling in the internal affairs of India where he was a refugee/ overstaying his visa. The last straw that broke the camel’s back was when he was seen distributing pamphlets in support of sandalwood smuggler Veerappan at Vaiko’s daughter’s wedding attended by L.K.Advani, the then Home Minister.
/
Eusense / January 26, 2016
Mr.Eelaventhan should by himself move to Sri Lanka to complete his services to the “suffering” Tamils of Sri Lanka.
/
Kanthan / January 26, 2016
For the record, it should be mentioned Eelaventhan himself has visited Canada as a Member of Parliament on a tourist visa in 2007 and returned to Sri Lanka safely. For some unexplainable reason, he is adamant in staying in Canada as a refugee claimant. Usha, who had the audacity to compare him to world leaders like Mandela and Ghandi, should not be seen as a coward taking refuge in Canada using subterfuges. He can be of some use as a free man back home. Eelaventhan has always remained a rebel and a destructive critic. Though he was once a TNA MP he never ceased his ravings and rantings against it. He was expelled from the ITAK/TULF when he joined V. Navaratnam’s (MP, Kytes) Tamil Eelam Liberation Front. This Front never took off and Eelaventhan remained the sole member/Secretary/President, three-in-one, after the demise of Kovai Mahesan, one time editor of Suthanthiran. After he was deported from India, he joined the TELO and sought nomination to contest from Trincomalee. It was turned down. So, by no means he was a politician wedded to principles as many seem to think. He is just a man for all seasons at best and a lone wolf at worst!
/
Karikalan Saravanan / January 26, 2016
Shanthan has misconceived matters and has ended up with “miscarriage”.
(1) I am personally aware that Eelaventhan was held in army detention, under the PTA for about 14 weeks (over 3 mths) He was mistreated while in custody. Eventually, in the absence of any incriminating evidence to establish involvement in terrorist activities, he was released. Lawyer Mr. M. Sivasithamparam MP represented him at Detention Review.
(2) In the thick of the war campaign,when LTTE was busy collecting funds, military hardware and vehicles, Shanthan claiming that LTTE sold Eelaventhan’s jeep and gave the sale proceeds to him “intact”, in fact, sounds pure fiction – fertile imagination.
(3) Shanthan may research thro’ Google and refer to Canadian law on Immigration. Section 34(1) of Immigration and Refugee Protection Act (IRPA)relating to “Inadmissibility on grounds of security” is the relevant law applied to Eelaventhan’s case. The Section covers both foreign visitors and lawful Canadian residents. The section begins with the words, “A Permanent Resident or a foreign national is inadmissible on security grounds…..” etc.
(4) For the edification of Shanthan and similar sceptics: (1) A Tamil person from Kilinochchi, deported from Oman has been arrested and detained by CID ( per Colombo Gazette, 25/01/2016) (2)According to Lawyer Mr. Senaka Perera, Returning asylum-seeker Punniyamoorthy Sasikaran from Batticaloa was arrested by CID at Katunayake Airport and detained in Negombo (per Ceylon Today, 22/01/2016 )(3) Sri Lanka’s torture machine continues in peacetime, targeting mostly Tamils (IRIN News, 06/01/2016) (4) Sonya Sceats, “Freedom from Torture” Medical Foundation in UK says, “Torture is still happening in Sri Lanka.Since the war ended many Tamils with real or perceived links to the LTTE, have been hunted down after returning from UK”
/
KA Sumanasekera / January 26, 2016
What a pity..
Mr Suren Surendran has become a King Maker literally, in post Pirahaparan Srilanka , whilst this Senator of the TNGTE is trying to protect a TNA MP who likes to keep enjoying the good life in Scarborough.
Mr Surendran by showing his strategical skills and the connections with the British Govt by chasing the ex Prez away from England, made himself a force to reckon with, and acquired the real power of the rich and well established ex LTTE Diaspora.
While Suren was consolidating his power Ms Usha was waving Tiger flags in down town Toronto, and getting cursed by the Canadians who were travelling to work and back.
The power of Surendran is such that he made the UNP Christian Faction Leader, who couldn’t win even a Chook Raffle for 20 years, the new PM of Yahapalana Srilanaka.
And put a wedge in the old Banda Party to break it into two, and gave the old SLFPers the sledge hammers too, to do it themselves.
That is how smart Suren is..
The best the TNGTE could do was hook the Vellala CM and make him break away from the TNA which nurtured and even gave him the gig.
The end result is the Vellalas in Colombo now hate Wigneswaran.
And Wigneswaran is now totally dependent on the non vellala caste inhabitants in Mannar.
May be Ms Usha doesn’t want this dude to come and join the Vellalas in Colombo.
/
Subramaniam Thiagarajah / January 26, 2016
Thank you for your request Usha.I know him only in Canada for the last two years or so.I don’t know his past history.A number of problems have been pointed out.He is a danger to the security to Canada and Canadians.This is a serious statement and lawyers have to go throughout his life and put up examples of his actions and prove that it is not so.Again his connection with TNA which is said to be connected with LTTE has to be examined and prove that TNA is a recognised political organization and not a banned organization for its actions.So this is not correct.Whether he had any connection with LIIE has to be checked and cleared..Again he is connected with terrorism.I think practically nobody likes terrorism,because it gives terror which man cannot bear.Lastly 6th amendment,no one can talk about separation of SriLanka.Yes Almost all countries do not like separation.I think Tamils should not ask for a Separate counntry but there is nothing wrong in asking for the return of Kingdom of Jaffna.Tamils should do this under the protection of Gt.Britain,in view of this 6th amendment.So Tamils should first approach Gt.Britain and get their support.T say Gt.Btitain because it is the British Empire which is responsible for this mess.I have not seen any Tamil Organization or Tamil Leaders speaking about Kingdom of Jaffna and they all speak about Tamil Ealam.This I think is wrong,you cannot ask for a piece of land from a country.Tamila want the Kingdom of Jaffna because from 1950s Tamils are getting killed through riots and War.So they need a place to live safely in peace and harmony.Lastly for Letters of recommendations,I think it would be better for organizations to give this with all or as many as possible sign that letter.As far as I know him he is a good person.
/
ravi perera / January 27, 2016
Subramanium,
“I have not seen any Tamil Organization or Tamil Leaders speaking about Kingdom of Jaffna and they all speak about Tamil Ealam.This I think is wrong,you cannot ask for a piece of land from a country.Tamila want the Kingdom of Jaffna “
If they talk of a Jaffna Kingdom, they can not talk of the east, without which a separate state would not be liable
/
Kanthan / January 28, 2016
Karikalan like Usha is a poor defender of Eelaventhan.
(1) Detention is not prison. Eelaventhan was detained but never sent to prison. No lawyer appeared for him because there were no charges against and never brought before a court of law or a tribunal. There is a difference between the two.
(2) It is not fiction. It is the truth. This happened in 2007 after he lost his seat in parliament. As an MP he was entitled to a duty vehicle permit. The LTTE used that permit to buy him a jeep. When he lost his seat, the LTTE took over the vehicle after paying him 75 lakhs. It was rumoured at that time he used the money to buy a flat in Colombo. His wife is staying in that flat.
(3) Eelaventhan is a refugee claimant. He has no status in Canada. The refugee board after hearing ordered his deportation on security grounds in 2012. In 2014, the Federal Court upheld the IRB’s finding that Eelaventhan had been a member of a group engaged in terrorism. A separate allegation that he was complicit in war crimes was quashed. Section 34(1) of Immigration and Refugee Protection Act (IRPA)relating to “Inadmissibility on grounds of security” is the relevant law applied to Eelaventhan case. The Section covers both foreign nationals (not foreign visitors) and permanent residents of Canada. It does not apply to citizens of Canada.
(4) There are a few cases of arrests at the air-port. The main reason such people left Ceylon illegally. Or they are wanted for crimes committed while living in Ceylon. There are no cases against Eelaventhan. He left Ceylon on a valid passport and visa. He still holds the passport and visa. But there is a possibility he may be questioned how he ended in Canada after leaving for South Africa in 2009.
My gut feeling is he will be allowed to stay in Canada considering his age and on humanitarian grounds by the Minister of Citizenship and Immigration. Mrs.Sukunam Pararajasingham, wife of late Joseph Pararajasisngham who was in a similar situation and faced deportation two years ago was given a reprieve by the Minister.
To Karikalan, I may say little knowledge is dangerous.
/