Chanaka Bandarage, Lawyer

Establishment of OISL – first step towards creating the Eelam?

As pointed out by us in previous articles, the final objective of the West, who are heavily indoctrinated with false accusations against Sri Lanka by the most powerful Tamil Diaspora and their allies, wishes to split Sri Lanka into two and create a Tamil Eelam in the North and East. The establishment of OISL can be seen as a further step towards that direction. OISL in its report may falsely say that Sri Lanka is not safe for Tamils, the Sri Lankan Government continues to violate human rights of the Tamils; in order to alleviate Tamil discrimination, the only solution available is to create a separate state for Tamils (and Muslims) in the North East of Sri Lanka, after a referendum is conducted in those two provinces.

Per OHRC Resolution, A/HRC/25/1, OHCHR appointed three experts to hold the investigation against Sri Lanka: They consist of Mr. Martti Ahtisaari (President – Finland), Ms. Silvia Cartwright (New Zealand) and Ms. Asma Jahangir (Pakistan). They are required to provide a comprehensive written report on the outcome of the investigation to the HRC in March 2015. The credentials of some of the panel members have been questioned by patriotic groups. They have raised alarm that the panel members, handpicked by Ms Navi Pillai, are be biased against Sri Lanka. For example, Mr Ahtisaari (President of Finland from 1994 to 2000) is criticised as a leading figure who worked to create Kosovo. Through OISL, one wonders whether or not he will try to create a 2nd Kosovo in Sri Lanka. It is alleged that Ms Cartwright was criticised by the Cambodian Government in regards to her handling of the war crimes enquiry in that country.

Some say another motive of the West in establishing OISL is to put pressure on the Sri Lankan Government to hold a South Sudan style referendum to create the Tamil Eelam in Northern and Eastern Sri Lanka.

OHRC pathway to take Sri Lankans to the Hague

After receiving written submissions, OISL will promptly conduct enquiries. At the moment, it is likely that only adversaries of Sri Lanka will adduce evidence before OISL. This is not good. The writer believes that Channel 4, Gordon Weiss, Mr Darusman and his team, Stephen Rapp (he allegedly collected evidence in Mulatiwu during his visit to Sri Lanka), Eric Solheim, Tamil Diaspora, TNA, Northern and Eastern Tamils (people like Ms Anandi Sasitharan, Messrs Rayapppu Joseph, Sambandhan, Sumanthiran and hundreds or possibly thousands of other Tamils), many other enemies of Sri Lanka, will adduce evidence before the Commission. True, most of the evidence against Sri Lanka will be dubious, due to nil participation of Sri Lanka at the investigation and veracity of the evidence against Sri Lanka being very high, it is likely that OISL will make a recommendation that criminal proceedings should be initiated against certain Sri Lankan Government (and LTTE) military leaders and soldiers in the International Criminal Court (ICC) in the Hague, for alleged War Crimes atrocities (OSIL will name the alleged perpetrators – largely Sri Lanka’s Ranaviruwos). Needless to say it will be a real blow to Sri Lanka, the end result could be the incarceration of patriotic Sri Lankans in a jail in the Hague or another country, most likely for crimes that they never committed.

UN Security Council

The referral of Sri Lankan nationals to the ICC must be determined by the UN Security Council. The only consolation for Sri Lanka is that it has two strong allies, China and Russia who may use their veto power in favour of Sri Lanka. But, we must not forget that when the UN Security Council approved the referral of Mr Omar Al Bashir of Sudan to the ICC in the Hague (ICC-02/05-01/09; the Prosecutor v. Omar Hassan Ahmad Al Bashir), his best friends, China and Russia abstained from voting – they did not veto against the proposal. After he was indicted by the ICC, Mr Al Bashir agreed to hold a referendum to determine whether or not Sudan should be divided into two. South Sudanese voted overwhelmingly at the Referendum in favour of the creation of new ‘South Sudan’. Furthermore, the President and the Vice President of Kenya are currently facing charges in the ICC for alleged crimes committed during and after the 2007 Kenyan Presidential election – the Prosecutor v. Uhuru Muigai Kenyatta ((ICC-01/09-02/11).

Like in Kenya and Sudan (and also in Libya) situations, it is possible for China and Russia to abstain at a crucial Security Council voting against Sri Lanka, resulting the referral of Sri Lankan political and military leaders to the ICC.

If our leaders and military commanders are referred to the ICC in the Hague to face war crimes charges, in ICC, quick indictments will be issued against them and warrants will be issued for their arrest if they do not turn up for court proceedings in the Hague. This is how the ICC acted in relation to Sudan, Kenya and former political and military leaders of former Yugoslavia, Serbia and Bosnia Herzegovina.

In regards to the former Sierra Leon leader, Charles Taylor, the ICC imposed a 50 year custodial sentence upon him.

Written and other Submissions to OISL

OISL has called for individuals, organisations and governments to provide written submissions about serious violations and abuses of human rights and related crimes in Sri Lanka,allegedly committed by the Sri Lankan Government, LTTE or other parties to the conflict during the period of 21 February 2002 to 15 November 2011. Such submissions are required to be made by midnight, Geneva time, on 30 October 2014.

The Sri Lankan Government has made a policy decision not to become involved in OISL proceedings. Sri Lanka has announced that it will not allow OISL to conduct investigations within Sri Lanka.

Given the history of creating the OISL by HRC, bias that has shown towards Sri Lanka by the OHCHR, the decision by the Sri Lankan Government is understandable.

It is not the intention of this article to analyse whether the decision taken by the Sri Lankan government is correct or not.

One big drawback in the Government’s decision of not becoming a party to the OSIL proceedings is that it will miss the opportunity to cross examine witnesses who will give evidence against Sri Lanka. This is crucial because most of the evidnce that will be adduced against Sri Lanka would be dubious, suspicious and fraudulent.

We, patriots, are allowed to adduce evidence in OISL, but since we are not a party to the proceedings, we will not be able to cross examine witnesses. Only the Government is able to do this or individuals who are specifically accused of serious human rights violations.

This article stresses that though Sri Lankan Government will have no involvement with OISL, we patriots, need not necessarily follow the same pathway. If we also boycott the OISL proceedings, that will not assist Sri Lanka, but the enemies of Sri Lanka.

As stated before, many pro-separatist groups will make written submissions to OISL against Sri Lanka. Likewise, we, patriots, must also make strong written submissions to OISL in support of Sri Lanka. We should stress the human rights violations perpetrated against Sri Lanka and her people by the LTTE, Tamil political parties, Tamil Diaspora, NGOs (local and international), foreign governments and others. Our written submissions should emphasis the good works done by Sri Lanka to curb Tamil Terrorism, settle Tamil IDPs, massive infrastructure and social development projects in the North and East started since ending the war etc. We must also seek permission from OISL to adduce verbal evidence in support of Sri Lanka. In this regard, we must start preparing witnesses who will give genuine, authentic evidence. They include civilians who were affected by the LTTE terror and those who were rescued from the LTTE by the Government (both Sinhalese and Tamil) soldiers and military officers who were involved in wars, humanitarian operations during the investigation period (2002 to 2011) and friends of Sri Lanka living in various countries, especially in the West, who can provide expert reports on Sri Lanka.

Sri Lanka Support Group (SLSG), of which writer is the President, after very careful consideration, has taken a decision to provide a detailed written submission to the OISL. We will follow that up with verbal submissions/evidence, if leave is granted to adduce them.

Why have SLSG taken this decision?

Given the extreme bias that OHCHR has shown against Sri Lanka, we believe that based on the OISL report, it is likely that OHCHR, in March 2015 will pass another Resolution stating that our leaders (military and political) must be referred to the International Criminal Court (ICC) in the Hague for alleged War Crimes atrocities (as stated before, OSIL will specifically name them). We believe we should not merely hand the victory to our enemies on a platter – we must tell the real truth to the world – that Sri Lanka did not deliberately or recklessly commit war crimes (eg.as alleged, it did not kill up to 40,00 Tamil civilians during the last stages of the war). We should say that any isolated incidents that occurred (human rights violations), the Government has already taken action or will take action against errand soldiers/officials.

If we continue to maintain silence (like in the past), the enemy will continue to take the upper hand. They will win not on merit, but due to our default.

Some of the facts that we must tell the whole world including OISL:

1.War Crimes atrocities

• There is expert technical analysis to prove that some Channel 4 videos are unauthentic. Sri Lanka Support Group has identified 38 blatant errors/untruth in the ‘Sri Lanka Killing Fields’ video, it now states there are more. The 1st Channel 4 video alleged that the Sri Lankan Army shot dead a number of Tamil Tigers extra-judicially, in pointblank range – this is a totally fabricated allegation. It is now proven that that video was prepared by the LTTE in Tamil language much earlier than end of the war in May 2009. Channel 4 concealed this from its viewers. The 3rd and 4th videos are also full of inaccuracies. The Channel 4 videos contain number of sub-videos that have been highly edited, thus are extremely dubious. Channel 4 stated that the original videos provided to them were proper records of the battlefront and the videos were taken using mobile phones. Expert technical analysis very well show that some of the videos have been made using sophisticated video cameras that have zoom lenses. Everyone knows that mobile phone cameras do not have zoom lenses. It is highly believed that some scenes of the ‘Sri Lanka Killing Fields’ (the 2nd and the most controversial video) had been shot in Thamilnadu using Tamil actors. Sri Lanka Support Group is in possession of evidence against Channel 4 and they are many.
• During the war Mr Gordon Weiss (the then UN Spokesman in Colombo) stated that up to 7,000 people were killed (this was also a high number and the Sri Lankan Government denied this high number). Mr Weiss waited for 9 months after the end of the war to state that the actual number of deaths may be 40,000. He wanted to sell his book. The London Times also picked up the 7, 000 figure and later published a big headline story that Sri Lanka killed 40,000 innocent Tamils. The news travelled like wildfire. Channel 4 later produced a number of dubious videos.
• Mr Darusman went ahead and wrote the report based on such hearsay evidence (inadmissible evidence).
• The TNA MP, Mr Sumanthirian stated about 15 months ago that the Sri Lankan Army killed 75,000 Tamils!
• According to Stephen Rapp thousands of Tamils were massacred in St Anthony’s Park in Padumathalan. He made this ‘finding’ solely on the basis of hearsay evidence, when no investigation into such a massacre had been conducted by anyone including Mr Rapp himself. This is the first time that such an allegation had been made against Sri Lanka (the alleged St Anthony’s Park massacre)..
• It is estimated that since end of the war at least 10,000 Tamils migrated to Australia illegally in boats. Many thousands of Tamils fled to other European countries like Italy, the UK, US etc. Without disclosing these facts Channel 4 and the Tamil separatists say that since end of the war thousands of Tamils have disappeared in Sri Lanka. Those people who migrated in boats illegally have been included in the lists of missing Tamils of Sri Lanka.
• If Sri Lanka killed so many innocent Tamils during last stages of the war (intentionally or recklessly), would India, or for that matter Thamilnadu (located only 30 km away from the war zone), maintained a silence at that time?
• That time, India offered full support for the war. India knew how the war was conducted. If Tamil civilians were massacred, it would not have supported Sri Lanka
• If 40,000 Tamil civilians were killed in such a small area of land (the no fire zone was less than 3 sq. km), where were the dead bodies buried, what are the names of the dead 40,000 people, who are their relatives, why cannot the TNA/Tamil Diaspora., ordinary Tamils in the North give the list of the victims’ names to the Government?
• People like Messrs Weiss, Sumanthirian etc who come up with fanciful allegations against Sri Lanka also agree that Tamil civilians were killed by the LTTE weapons and thousands of Tamil terrorists were legitimately killed by the Sri Lankan Army. They should be included in the dead Tamil numbers (during last stages of the war, the Tamil Tigers deliberately killed Tamils who were fleeing the no fire zone. Even Mr Weiss agreed in his book that the LTTE were holding heavy armory inside the no-fire zone and they fired at the civilians who fled it. The number of civilians died from LTTE gunfire amounts to few hundred, not thousands. Then, in the last stages of the war about 12,000 Tamil Tigers were killed by the Sri Lankan Army and about 5,000 Army soldiers also died. So there were ‘legitimate’ combative killings happened in the war areas. But, even these killings did not reach the very high 40,000 mark as alleged by the country’s adversaries).
• To save civilians, Sri Lankan Army did not fire at the no-fire zone, thus, large numbers of Sri Lankan soldiers got killed as a result of the Tamil Tiger gun/artillery fire. This shows the waging of a ‘just war’ by Sri Lanka (it was called a humanitarian operation than a war). Mr Weiss, Channel 4, The London Times, Mr Sumanthirian or other enemies of Sri Lanka would not admit this truth. This is because then they cannot a create a bad impression about Sri Lanka worldwide.
• The world famous cricketer Mr Muraltharan,. a Tamil, clearly stated that the British Prime Minister, Mr Cameron was misled by the Tamil Diaspora and Channel 4 about Sri Lanka.

 11. Eradication of the three decades of Tamil Tiger terrorism

• In Sri Lanka, for over 30 years, the Tamil Tigers bombed, killed and maimed people and committed other horrendous crimes. During the period of Tamil terrorism, Sri Lankans hardly had a day of peace, having to suffer terrible carnage at the hands of Tamil Tigers. Hundreds and thousands of innocent Sri Lankans died due to Tamil Tiger terror and many thousands were maimed. Husbands and wives did not travel together in the same train compartment (they travelled in separate compartments) due to the fear that the train may be bombed (a recurring occurrence at the time). They knew at least one of them should live to provide for the children.
• In 2009, the Tamil Tigers were successfully defeated by the Sri Lankan security forces, with overwhelming support from the peace loving citizens of all communities of Sri Lanka.
• It is indeed an achievement without any parallel where 21 million of Sri Lankans were liberated from the Tamil Tiger terror. The Tamil Tigers held the country to ransom for many years. The whole world witnessed on electronic media how nearly 300,000 Tamils ran towards the Sri Lankan forces seeking shelter and protection; after freeing themselves from the LTTE.
• The US Federal Bureau of Investigation (FBI) in their publication dated 10 January 2008, under the title Taming the Tamil Tigers’ identified Tamil Tigers as the most dangerous and deadliest extremists among all of the terrorist groups in the world. The Tamil Tigers invented the suicide belt, used women in suicide attacks and extensively used child soldiers. All the LTTE cadres wore a cyanide capsule around their neck. The LTTE launched many civilian suicide attacks – frequent bombings in Colombo and other major cities, attacked Sinhalese villages in the North and the East where they raped women and killed infants. They assassinated politicians (including scores of Tamils, Government ministers, a Sri Lankan President and the then Indian Prime Minister). They also committed other forms of crimes. such as, armed robberies, human trafficking, drug peddling and money laundering.
• The Tamil Tigers had fund raising organisations established throughout the world, especially in the West. Although the US, UK, EU, Canada, India, Malaysia and several other countries proscribed the Tigers (Australia made a limited listing of them under the Charter of the United Nations Act), it is well known that displaced LTTE members, Tamil separatists and their sympathisers, continued with fund raising, and used those funds to buy arms/ammunitions and war equipment to continue with its brutal war against Sri Lanka.
• Now after the war, expatriate Tamil separatists, Tamil separatist sympathisers and their cohorts have started another war (by pen) – to exert pressure on politicians and intellectuals in their respective domiciled countries to garner support to achieve their final goal of carving out a separate, racist state exclusively for the Tamils in the North and East of Sri Lanka, the ‘Tamil Eelam’. It is estimated Tamils constitute less than 14%, of Sri Lanka’s total population, but they claim more than 1/3 of Sri Lanka’s landmass and ¾ of the coastal area. In Sri Lanka, majority of the Tamils live outside of the claimed area – it is believed that in Greater Colombo, at least 40% of the population is Tamil.

1. Progress made in Human Rights/Reconciliation

• Soon after the conclusion of terrorism in May 2009, the Sri Lankan government appointed the LLRC and the Government did all it could do to implement its recommendations (the National Plan of Action). The areas of action taken by the Government, apart from the massive infrastructure development (over US$ 3 billion worth of projects in the North alone), included resettlement of people, providing compensation/relief to people and implementing policies of reconciliation.
• A key progress was achieved via restoration of the democratic rights of the people by conducting elections in the areas affected by the war (North and the East), appointment of a Commission of Enquiry into the alleged disappearances (in co-operation with the ICRC) and conduct of a Census on deaths/injuries to civilians and property damages due to the war. The status as at December 2013 of the Government’s progressive actions in the North in brief are as follows (the statistics provided hereunder are authentic and can be substantiated):
• Tracing of missing/disappeared persons: – A survey on the tracing of missing/disappeared persons, especially those who were forcibly abducted by the LTTE, was completed with the corporation of the Family Tracing and Reunification (FTR) Unit of the UNICEF.
• The President, appointed a Commission to investigate cases of missing persons in the Northern and Eastern Provinces, particularly those who allegedly went missing during and after the war. The Commission has been given the authority to conduct inquires and investigations as necessary, and submit a report to the President. The President stressed the necessity to identify the persons responsible in cases where abductions or disappearances were found to have taken place and to take legal action where necessary.
• It is noted that a well over 100,000 Tamil citizens left Sri Lanka between 2007-2013, seeking refugee status in Canada, Europe, Australia, India and some using illegal means (boat people). It has been reported that these people have also been included in the ‘missing’ persons’ lists by those who have prepared such lists. It is estimated that about 10,000 Tamils travelled to Australia alone in boats in the past 6 years.
• Rehabilitation of the Ex-LTTE cadres – out of the total of about 12,000 ex-LTTE cadres surrendered/captured, 97% have already been rehabilitated and released to the society. A further 2% is currently under rehabilitation. This gesture on the part of the Government shows that the Government is keen on rehabilitation rather than retribution. This also rebuts the accusation that the Government deliberately killed Tamil civilians; if wanted, it could have easily killed those captured LTTE cadres.
• Resettlement of IDPs: – Out of the total of 224,432 Tamil families who were residing in temporary accommodation 96.9% have already been resettled. There are 22,134 Muslims registered for resettlement in the Northern Province and are in the process of being resettled. Out of the 100,000 Sinhalese displaced from the Northern province since early 1980s, about 90% are still living in areas outside of the Northern Province.
• Re-establishing of democracy: – Presidential, Parliamentary, Local Government and Provincial Council elections were held since the eradication of terrorism. A Tamil political party (TNA) won the election and are currently governing the Northern province.
• Land released by Security Forces and the reduction of troops: – out of the 34.561 acres of private lands occupied by the security forces, 78% has already been released. The army battalions have been reduced from 152 to 104 since May 2009. These numbers continue to come down.
• Demining – According to the data available up to September 2013, only 4.2% of land is yet to be cleared.
• LLRC – some of the recommendations of the LLRC require an evolving/progressive consensus among the ethnic, religious, regional and political diversity of the nation, the Government has commenced grassroot level activities to achieve these.

Let’s respect the Government’s decision to not become involved in the OISL investigation; that does not mean, we patriots, should also follow the same pathway. We believe it will be in the best interests of the country to present true facts to OISL, thereby the whole world. No doubt OISL will make adverse recommendations about Sri Lanka, but, it is worth losing the battle after giving it a fight. Surrendering to the enemy without putting up any resistance.is not the Sri Lankan way of life.