GTF will take President Rajapaksa to ICJ

Suren Surendiran

By Sulochana Ramiah Mohan- 2014-11-30

Spokesman for Global Tamil Forum (GTF), Suren Surendiran, told Aljazeera
TV Channel that President Mahinda Rajapaksa, if beaten at the presidential
polls, will be charged for war crimes and will be taken to the International
Court of Justice (ICJ). Speaking to Ceylon Today, he reconfirmed that
President Rajapaksa will be charged under accepted systems and
mechanisms, for breaking international laws.
Q:
Is the Global Tamil Forum (GTF), the voice of the Tamil people living in Sri
Lanka?
A: Even legitimate, democratically-elected representatives cannot espouse
at free will our people's aspirations. The Constitution, military intimidation,
white van abductions, etc, limit freedom of expression in Sri Lanka.
Therefore, the GTF as a Diaspora organization does bridge that gap in
certain circumstances. We also work very closely with the elected Tamil
representatives. By doing that, we also bring to bear some of the specialist
capacity and capability towards attending to overall needs.
Q:
The present regime described Maithripala Sirisena's crossing over to

contest the presidential polls as part of an international conspiracy. Whom

are they pointing at?
A: Shouldn't this question be directed at the present regime that has made
this allegation? However, the wider opinion is that President Rajapaksa and
his regime may have won the war but not the peace. He may have united
the land but divided the people.
He can accuse common candidate Sirisena of betrayal and allege it as an
international conspiracy. However, it was not an international conspiracy
but Mahinda Rajapaksa who introduced the 18th Amendment to the
Constitution, which removed most of the fundamental features of
democracy that Sri Lanka used to have. It allowed President Rajapaksa to
act almost as a dictator by Constitution without the Parliamentary checks
and balances that existed before.
It was not any international conspiracy but Mahinda Rajapaksa who sacked
the Chief Justice who stood against tyranny and corruption and installed a
Rajapaksa stooge as the Chief Justice and politicized the independence of
the Judiciary.
It is not an international conspiracy, but Mahinda Rajapaksa who allows
corruption and abuse of power.
It is not an international conspiracy but the government's mismanagement
of the economy that has driven the foreign currency reserves to be
dangerously low, borrowing to be at the highest levels since Independence,
public expenditure having to be cut, inflation to be on the wrong trajectory,
cost of living to impossible levels that normal families in urban and rural
areas needing hand-outs to survive.
It is not any international conspiracy but Mahinda Rajapaksa and his flawed
foreign policies which have brought the close relationship with our closest
neighbour to the lowest point ever in the history with so much mistrust. Sri
Lanka's friends in the international arena are/were only the 'rogue states'
like North Korea, Belarus, Libya under late Colonel Gaddafi, Iran under
former President Mahmoud Ahmadinejad, etc. As Sri Lankans, be it
Sinhalese, Tamils or Muslims, we have all become outcasts in the eyes of
the international community.
It is not any international conspiracy but Mahinda Rajapaksa who has
allowed extreme organizations and views to dominate, that has divided and
polarized our communities to an extent where law and order has collapsed.
A few of the relatively recent repercussions were Katunayake shooting,
Weliweriya shooting, Aluthgama riots, white van abductions, Sri Lanka
being ranked as the fourth most dangerous country for journalists,
everyday incidents in the heavily militarized Northern Province, etc.

I believe that it must have become unbearable for honourable persons to

serve under such a regime, that one by one they are deserting Mahinda
Rajapaksa.
Q:
There is an allegation that the UPFA has links with the LTTE, which is being
used as a campaign tool by the Opposition. Is there any truth to this claim?
A: This question should be directed at the UPFA, LTTE and the Opposition, I
am afraid. However, it has been widely acknowledged and alleged that
Mahinda Rajapaksa funded the LTTE to get them to call for a boycott of the
elections in the Tamil areas in 2005 that enabled him to win. Mahinda
Rajapaksa's current government also includes former LTTE senior members.
Q:
Is the GTF involved in Sri Lankan politics?
A: The GTF was established in 2009 by a number of grassroots Tamil groups,
following the end of the armed conflict in Sri Lanka.
We are committed to a non-violent agenda and seek a lasting peace in Sri
Lanka based on justice, reconciliation and a negotiated political settlement.
The GTF regularly engages with government ministers, senior civil servants,
international institutions, human rights groups and conflict prevention
bodies, major political parties in key countries, high profile individuals and
major media organizations around the globe, to keep them informed and
raise awareness of the on-going plight of Tamils in Sri Lanka.
The GTF has developed a strong collaborative working relationship with the
democratically-elected Tamil leadership in Sri Lanka and actively engages
with them to help strengthen their voice in the international arena. We also
continue to establish working relationships with various political and nonpolitical organizations in the south of Sri Lanka. If the above description
means that the GTF is involved in Sri Lankan politics, then yes.
Q:
You have lately said that if President Rajapaksa is beaten at the presidential
polls, he will be charged for war crimes and you will see to it that he ends
up at the International Court of Justice (ICJ). Can you explain how you
expect to do this?
A: United Nations is a universal system that was adopted at the end of the
World War II to which all countries including Sri Lanka singed up to. In
addition to that, just as there are local laws and governance structures,
internationally, there are international laws and covenants and conventions
that countries including Sri Lanka have signed up to. In that context, just as
if any single person or a group of people break the law in Sri Lanka, if the
system worked without corruption and independently, then those people
who break the law will be charged in a court of law. Similarly, if a leader
and/or a government of any country breaks international law, then they will
be charged under the law through the accepted systems and mechanisms.

Q.
According to a politician, who is not supporting the UPFA, even if Rajapaksa
is defeated, people of this country will not want anyone to take him to the
ICJ and that your statement would only hamper the ongoing presidential
campaign. What makes so certain that Rajapaksa will be taken to the ICJ?
A: Just as I said in my answer to your second question, Mahinda Rajapaksa
and his regime is not just accused of breaking the international law, he is
also the sitting President who has become one of the most dictatorial
Presidents ever through constitutional amendments and corruption at the
expense of not just a single community but the entire Sri Lankan Nation. Sri
Lanka is run by a dynasty and only a few are benefiting. Be it Sinhalese,
Tamils or Muslims, all are struggling to make ends meet.
Q:
Isn't there a way you could fight for the rights of the Tamils, without being
hell bent on sending the President to the ICJ?
A: Please read my answer to question 3. The GTF seeks justice,
reconciliation and a negotiated political settlement. Sending the President
to the ICJ is not the objective of the GTF. However, it is President Rajapaksa
who publicly, jointly committed with UN Secretary General that he will
ensure allegations of breaches of international law by the military will be
independently investigated and President Rajapaksa who commissioned the
LLRC to investigate and advise him on possible wrongs and breaches of
local and international law. It is President Rajapaksa who hasn't
implemented his own commission's recommendations. So it is President
Rajapaksa who must take responsibility for any international consequences.
Q:
People have not forgotten that Mahinda Rajapaksa won the war against
terrorism and many countries stand by him for his achievements, especially
India. Why do you think, no matter how many Tamils overseas voice against
the UPFA regime, many are backing him?
A: Many may have agreed and stood by Mahinda Rajapaksa during the war,
but I don't believe they stand by him now due to the same reasons
explained in my answer to question 2.
Q:
Do you think the present government will be defeated at the upcoming
presidential election?
A: I do not want to pre-judge the verdict of the people of Sri Lanka. At least
in the name of good governance and genuine democracy to return to Sri
Lanka, Mahinda Rajapaksa has to be defeated. Obviously, many in the
government will try all the dirty tricks, intimidation and even violence to
suppress dissent. That is why independent international monitoring is vital
and I am sure the Sri Lankan people have faith in their Election

Commissioner and his integrity. I hope the Commonwealth Secretary

General, Kamalesh Sharma, who has claimed in the past of helping in
strengthening independent institutions and governance structures in Sri
Lanka will do the right thing this time and encourage President Rajapaksa to
invite Commonwealth monitors too to oversee the election.
Q:
What are the aspirations of the Tamils at the moment? Have the Tamils
overseas and the GTF called off the struggle for a separate Eelam?
A: The GTF is committed to non-violence. The GTF seeks lasting peace in Sri
Lanka, based on justice, reconciliation and a negotiated political settlement.
Q:
What is your view on the Tamil attitude towards integration rather than
separation?
A: Calls for separation came about only when all democratic efforts for
integration failed. History tells us that there is no shortage of goodwill and
efforts by Tamil leaders of the past and present to integrate and co-exist
with fellow countrymen. However, every successive government and
Sinhala Leader since Independence has failed to accommodate the
aspirations of the Tamils, including the Upcountry Tamils and Tamil speaking
Muslims.
Like I said before, Mahinda Rajapaksa may have won the war but failed to
win peace. May have united the land but divided the people!
Mahinda Rajapaksa as a leader believes that militarization and colonization
of the predominantly Tamil areas can suppress the just aspirations of our
people wanting to be equal.
Hence, this election is fundamentally important that all communities in the
island vote for a leader who can provide leadership and govern all
communities in the island in an equitable and just way.
Q: Many say that President Rajapaksa was tolerant enough that he
embraced KP and many other hardcore LTTE members and brought them
into his fold. Isn't that a part of a reconciliation programme?
A: President Rajapaksa embraces persons whom most Tamils will consider
as traitors. He alienates and accuses as traitors persons whom most
Sinhalese will consider as war heroes. For Mahinda Rajapaksa, his family is
supreme than his party or its long serving senior members. So, from these
examples one must be able to deduce the motives of Mahinda Rajapaksa
and why he embraces or to put it in the same language, why he brings such
people into his fold. Reconciliation has nothing to do with it.
Q:
Foreign countries still say there is rape and intimidation. They also claim
there is violence against women in the North. Do you have proofs of these
allegations?

A: Yes, I have and even the local police have.

Q:
The European Union Court annulled the ban imposed on the LTTE. Won't this
attempt make more people collect funds and get into nefarious activities to
revive terrorism?
A: Even the President of Sri Lanka has publicly claimed that the LTTE is a
non-existent entity. I can only speak on behalf of the GTF. As I said before,
the GTF proactively promotes non-violence and seeks a lasting peace in Sri
Lanka based on justice, reconciliation and a negotiated political settlement.
Q:
The Government of Sri Lanka says they are quite alert and will not allow
any kind of terrorism to resurge in the country. Isn't that a good move any
country would follow after going through a war like the one we
experienced?
A: Yes. However, who will keep the vigil and protect the people, be it
Sinhala, Tamil or Muslims from State terrorism? Katunayake shooting State
terrorism in a predominantly Sinhala area, Weliweriya killing State
terrorism in a predominantly Sinhala area, Aluthgama riots State terrorism
in a predominantly Muslim area, Northern Province daily incidents State
terrorism in a predominantly Tamil area.
Q:
Maithripala Sirisena has vowed to resist international moves to investigate
the island's war record, but promised a domestic probe if he was elected
following January's polls. Sirisena said he will not allow President Rajapaksa,
his family or any member of our armed forces to be taken before any
international war crimes tribunal. What is your take on this?
A: As explained to you in my answer to your question four, international law
and enforcement is independent of any politics. If we want a peaceful and
prosperous Sri Lanka, we should focus on the real issues and not about
individuals. We owe it to all the people of our country. We have to take
some tough and bold decisions considering the future. Therefore, I am sure
that right decisions will be made at the right time by future leaders.
Q:
Do you support the idea of a National Government that the common
candidate has proposed?
A: A National Government is a great concept and can be a good thing if it is
inclusive and promotes the wellbeing of all, on enlightened principles. A
National Government will go a long way, if it would consider restructuring
the current Constitution to:
Abolish the Executive Presidency and form a Parliamentary Government.
Be based on basic constitutional principles and values including
sovereignty of the people, participatory democracy and supremacy of the

Constitution, which should form an unalterable basic structure.

Power sharing to be on the basis of self-rule and shared-rule within an
undivided Sri Lanka.
The pluralist character of Sri Lankan society, as well as identities and
aspirations of the constituent peoples of Sri Lanka should be
constitutionally recognized.
A strong and enforceable Bill of Rights consistent with universally
accepted norms and standards.
Be separation of powers and an independence of judiciary, which
includes a Constitutional Court.
Important institutions to be independent and accountable. Appointments
to these and high posts should be through a transparent mechanism that
provides for a national consensus, example Constitutional Council.
Institutions of the State to reflect the pluralist character of the Sri Lankan
society.
The State to be a secular State.