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[TamilNet, Sunday, 30 August 2015, 15:38 GMT]
Around 1,200 people from all the 8 districts of North-East came together at an
emotional gathering on Sunday at the De La Salle Brothers School in Mannaar,
remembering the enforced disappeared persons in the country of Eezham Tamils.
On the occasion of the International Day of the Disappeared, the families of
enforced disappeared demanded independent international investigations and
categorically rejected the domestic and so-called hybrid mechanisms that are
currently being advocated by the USA. In the meantime, leading lawyers from
Mannaar told TamilNet on Sunday that international investigations were necessary
on the mass graves at the killing fields of Mannaar. On Friday, an abandoned well
allegedly used by the SL military to dump slain Tamils was located 40 meters close
to Maanthai Junction near Thirukkeatheesvaram temple.
Object 1
An abandoned well, allegedly used by the SL military to dump slain Tamils, was located on Friday, 40 meters from Maanthai Junction towards
Thirukkeatheesvaram temple
NPC Councillor Primussiraiva inaugurating the event at Mannaar on the International Day of the Disappeared
Mothers of enforced disappeared Eezham Tamils from 8 districts gathered at Mannaar on Sunday
exploited the fate of Tamil victims for their selfish gains. Tamils, who
expected justice from global players are now told expect justice from a
domestic mechanism. Tamils have to either succumb to the unfortunate
situation that has befallen them or prepare themselves to resist the designs
and dramas being staged by these powers, even though the Tamils are
already exhausted with all the forms of struggle in their long journey to
justice, he said.
Rev Fr Elil Rajendram, the country Director of Jesuit Refugee Service and a
co-spokesperson of Tamil Civil Society Forum was the chief guest in the
event organised by the AFVED and the Mannar Citizens' Committee.
In his address, Fr Elil Rajendram urged the people to find creative ways to
advance their struggle for justice in the changed context, reminding the
audience that enforced disappearances were part of the genocidal project.
Fr Elil Rajendram cited the example of the legal project undertaken by the
mothers of enforced disappeared in Argentina. SL State structure played a
crucial role in the enforced disappearances, he said.
Tamils should structure their own terminology and be in command of their
own narrative in conveying and documenting their experiences instead of
expecting others to steer the process, Fr. Elil Rajendram concluded.
Mrs M Uthayachandran, the president of the AFVED, in her address said the
association had taken up the burning issue of the enforced disappeared and
the political prisoners with both the SL President Maithiripala Sirisena and
SL Prime Minister Ranil Wickramasinghe. Both of them were pre-occupied
with the votes of the Tamil people. There has been no progress on the
critical issues, she told the families who had gathered at the venue.
The mandate of the OISL is not limited to war crimes, but also includes
international crimes, which is further defined in Article V of the Rome
Statute of the International Criminal Court as consisting of the crime of
genocide; crimes against humanity; war crimes; and the crime of
aggression.
Article II of the 1948 Genocide Convention defines genocide to mean any
of the following acts committed with intent to destroy, in whole or in part, a
national, ethnical, racial or religious group as such.
By this very definition of genocide, the Sri Lankan State, controlled almost
exclusively by the Sinhala ethnic group, will not be able to adjudicate any
charge of genocide by the Sri Lankan State against the Tamils, whether as
part of a hybrid mechanism or a domestic mechanism. Therefore an
outside, independent international mechanism is essential for a fair
adjudication of the crimes which fall within the purview of the mandate.
It has been the belief in some quarters that the changing of the guard
would result in a change in institutionalized impunity in Sri Lanka. The
Tamils have seen numerous regime changes since Sri Lanka becoming an
independent State in 1948, and none of the regimes made any sincere
effort to address Tamil grievances.
The promotion of former Army Chief Sarath Fonseka to Field Marshal and
the recent appointment of former Commander of the notorious 57th
division Major General Jagath Dias to Army Chief of Staff, both of whom
have been implicated in grave international crimes by reputable INGOs, is
not only a slap on the face to the victims, but also to the OISL, an open
flaunting of the accountability demanded of the Sri Lankan State.
None of Sri Lankas domestic mechanisms, including the one that had the
International Independent Group of Eminent Persons, has been successful.
Accountability and justice are processes that must be credible in the view
of the victims, ensuring the free participation of the victims, and complying
with international norms and standards.
Further, given that the exclusively Sinhalese Sri Lankan military apparatus
is still intact, and given the intense militarization of the North East where
the Tamil victims live, the Tamils will continue to be fearful to participate in
any in-country process.
Given the history and politics of Sri Lanka, a domestic or hybrid mechanism
will not meet these standards and thus the only fair option is an
international process led by the UN.
A hybrid tribunal can be useful, where a state has the will, but lacks the
capacity to deliver justice. This is not the case in Sri Lanka, because there
is no political will to prosecute members of the Sinhala Nation or to deliver
justice to the Tamils. Even the Foreign Minister of Sri Lanka recently told
the Southern constituency that they will set up domestic inquiry to clear
the name of the army.
Therefore we would like to request to refer the case to the International
Criminal Court or create an international accountability process, rather than
(Signed)
Mrs. T.Puspambal Secretary
Posted by Thavam