Commission on Human Rights

An Appeal to

The United Nations

Commission on Human Rights

58 Session / Sesiones

18 / 03 / 2002 -- 26 / 04 /2002

Tamil Centre for Human Rights - TCHR

Centre Tamoul pour les droits de l'Homme - CTDH

TCHR participation in United Nations World conferences

The Tamil Centre for Human Rights (TCHR), officially participated in the NGO forum of the UN World Conference Against Racism WCAR in Durban, South Africa, from 28 August to 1 September 2001. TCHR held an information stall including an exhibition at the forum. The TCHR representatives also attended the main WCAR conference held in Durban, 31 August to 7 September 2001.

In 1993, the TCHR held an information stall and a photo exhibition on human rights violations, in the United Nations 2^nd World Conference on Human Rights held in Vienna, Austria, from 14-25 June.

Head Office

9, rue des Peupliers

95140 - Garges les Gonesse

FRANCE

Email : tchrgs@hotmail.com

tchrdip@hotmail.com

Fax : + 33 - 1 - 40 38 28 74

Contents

Page

TCHR appeal to the 58^th session 05

Reports

1- Assassination of Kumar Ponnambalam?

Presidential guard organised murder of Ponnambalam “Sunday Leader” 07

Chandrika's 'bloody' secrets in the house of conspiracy

Report of Senior Superintendent of Police to President Kumaratunga 08

Kumaratunga cornered in Ponnambalam murder 11

Inspector of Police Jayantha Vedasinghe's affidavit 12

We suspect the PA government

ACTC wants debate on Kumar 13

2- Right to Self Determination

In a nutshell - The history, negotiations, abrogation of pacts, military operations, etc 14

Memorandum of Understanding MOU (2002) 21

Election manifesto of Tamil National Alliance (TNA) (2001) 24

Suthumalai Declaration (1987) 25

Thimpu Declaration (1985) 26

Vaddukoddai Resolution (1976) 27

North-East Province Tamil homeland Gajendran Ponnambalam 28

Parliament Election results 5 December 2001 29

Tamil National leader Pirapaharan calls for Norwegian engagement

LTTE declare month-long cease-fire 30

LTTE leader makes special plea to Sinhalese

Comparison of Tamil homeland (Tamil Eelam) with some UN member states 32

3- Economic Social and Cultural Rights

Schools in North East 33

948 religion teacher vacancies unfilled

70 000 homeless due airfield expansion

Rebuild 1,600 homes of his supporters 34

Hospital in Tamil areas 'without medicine'

Staff shortage at Jaffna Teaching Hospital

Killinochchi hospital rebuilding cost more than 1.6 million US$

Easing of economic embargo is mere eyewash since 1994 35

Murders, thefts and atrocities increased in Jaffna

4- Civil and Political Rights

 10 Muslims massacred by sons of ex-deputy Minister of Defence 36 
 Sri Lanka troops remanded over killing of Muslims    President Kumaratunga visit murder suspects in Bogambara prison 

Kandy massacre appeal for impartial probe 37

Lawyers of 10 dead youths of Kandy deplore ‘lukewarm attitude’ of IGP

Ministerial Massacre 38

State terrorism continues in Sri Lanka

Former Deputy Defence minister arrested 39

Political Prisoners of Kalutara plead

Chemmani mass graves

Rape of Hill Country Tamil women and detention without trial 40

Police abuse

Appeal to new Prime Minister for the release of a University student 41

University student suffers torture in Jaffna - Prison conditions

Torture in detention - Amnesty International 42

Detainees' grievances 43

1800 Tamil detainees on hunger strike 44

Land mine victims

Over 10,000 Landmines victims 44

1763 people lost legs in Jaffna

The scars of Sri Lanka's war 45

LTTE removes 132,328 APLMs, booby traps

Freedom of Expression

Government plan to destroy newspapers offices 45

Sri Lankan presidential statement suggests government killing of journalists 46

Killing of BBC journalist arrest warrant served only after 14 months 47

Foreign Journalist Marie Colvin escapes attempt on her life

Election violence December 2001

Uncleared area voters 'disenfranchised'-TNA 48

130,000 Tamils kept from voting 49

2 killed and 21 injured in an EPDP attack in Naranthanai

300,000 votes in Jaffna - list of 600,000 sent 50

70,000 PA leaflets flown to Jaffna with army chief help

EPDP on rampage in Komari

Violence murdering democracy in Sri Lanka

EPDP fires on women's march

French poll monitor attacked in Sri Lanka vote 51

No re-poll decision not fair by voters, say monitors

EU monitors appalled by Sri Lankan President's revenge remarks

46 killed 2332 wounded 52

President Security Division - PSD

President Kumaratunga advocates blood for blood 52

Letters of resignation from PA MPs?

Murder of PSD's Al Capone

Giving special increments to PSD 54

3000 to 4000 men in the PSD to safeguard one individual

Shocking details of plot to kill ex-minister

PM's life under threat 55

Sri Lanka police arrest Presidential guards-PSD

CID questions cop who ‘did his duty’

Court in Sri Lanka ordered arrest of Director of PSD

Plot to assassinate Ranil Wickremesinghe

How a 'top State secret' became public 56

Ex-Deputy Defence Minister’s son Chanuka visited safe house

Grounds for impeachment 57

Army deserters

30,000 Deadly army deserters 57

Security tightened in Sri Lanka 58

Army deserters gang-raped British tourist

JVP admit killing in thousands

JVP leader Somawansa admitted killing of 6,000 people 58

Warrant on Somawansa 59

A warm welcome for a murderer

JVP can’t deny they attacked the Dalada Maligawa 60

Residence of the Diyawadana Nilame attacked

UNP used JVP to kill my husband, President Chandrika tells BBC

Welcome back Somawansa, here’s your charge sheet 61

JVP members arrested with bomb ahead of election 62

JVPers force membership 63

Vasudeva points to "serious threat" of Somawansa

Administration of justice

International Bar Association finds Sri Lanka fails on three counts 63

LTTE release 10 war prisoners 64

No law permits military to stipulate that the people of Jaffna must obtain a pass

Human Rights Commission - HRC failure 65

 Truth Commission 

Death certificates issued after 6 months 66

Magisterial inquests are not held for Tamils

Sri Lanka on the Bandwagon

"Lying in state"

New government gently gone to sleep 67

5- Women and Children

Rape of two women in Mannar 67

Detainee tortured 68

Instead of ensuring the safety of public - protecting security forces 69

Rape in custody must be stopped immediately Amnesty 70

Rape in custody case studies Amnesty

United Nations - CEDAW experts appeal to Sri Lanka 73

Army soldier attempt to molest 7 year old girl 75

150 Tamils Raped in 1996 - South China Morning Post

Children die of disease in the Vanni

Sri Lanka's orphans bear scars of war

War takes 2123 children 76

Child abuse & trafficking on the increase 77

6- Displacement

Around 1.5 million made displaced 77

Sri Lankan displaced highest in Asia

7- State terrorism continues against the Tamils

Few noteworthy violations between 1956-1994 78

Few noteworthy violations between 1995-1997 86

8- Summary report (names, dates, places of incidents, etc)

Arbitrary arrest / Detention 97

Extra judicial killings / summary executions 99

Enforced or involuntary disappearances 101

Rape / Torture and others 101

Annexes

1- President Chandrika’s confirms that Sri Lankan representatives in the -

United Nations have been lying since 1948 106

2- International Human Rights Day 107

3- UK dealers sell 'vacuum bombs' to Sri Lanka 108

4- United Nations final CERD report (30 July -17 August 2001) 109

5- LTTE may be doing what we are doing - Minister of Defence Tilak Marapan 110

6- Report of Human Rights Watch 2002

7- Statement from the President’s Office 111

7- Prime Minister briefed Cabinet on peace agreement 112

8- Sri Lankan President threatens to cancel ceasefire

* * * * *

18 March 2002

The Chairperson

Members and Delegates

58^th session of the

Commission on Human Rights

United Nations

1211 Geneva 10,

Switzerland

Dear Sirs / Mesdames,

We regularly report on the human rights violations taking place in the Island of Sri Lanka. Our reporting is based on indisputable facts, the authentic details of which are sent to us by our members directly from the spot where the incidents occur. The United Nations human rights monitoring bodies and other human rights institutions have appreciated the veracity of our reporting.

In our submission to the Commission on Human Rights this year, we will be taking stock of decades of human rights violations perpetrated against the Tamil people by successive governments that ruled the island. We have already documented most of the violations which took place during the recent years. In this submission we include those which have been inadvertently left out in our previous reporting.

Sirs / Mesdames, when we consider the history of the island, it is undeniable that three different kingdoms existed in distinctly separate areas, before the arrival of the first colonialists, the Portuguese, in 1505. One of these three kingdoms was the Tamil kingdom, and was known as the “Jaffna Kingdom”. Researchers and scholars, including Sinhalese ones, in various international forums and media have consistently acknowledged the fact that this kingdom covered the areas of North and East of the island. From 1833 all three kingdoms were brought under one administration by the then colonial power, the British, for their administrative convenience.

There had been many negotiations between the Tamil and the Sinhala leaders even prior to Independence in 1948 on the question of the protection of civil and political rights of Tamil people. Anti-Tamil pogroms, unilateral abrogation of pacts (by Sinhala leaders), Sinhala colonisation in Tamil hereditary regions, pre-meditated killings, arrests and detentions of Tamils, rapes and gang-rapes of Tamil women and a systematic economic embargo on the North East since 1987 are also part of the island’s sad history.

Sirs / Mesdames, the Sri Lanka representatives in the UN Commission on Human Rights and other institutions have denied these horrendous violations. This denial kept the truth away from the international community to a certain extent. So far more than 70,000 Tamils have been killed and more than 800,000 have been internally displaced. Another 400,000 or more Tamils have sought asylum in foreign countries for obvious reasons.

In the international human rights context, one of our observations regarding the actions of different Sri Lankan governments is that they have their own Non-Governmental Organisations (NGOs) to defend and shield them.

There are certain bogus human rights organisations, for instance the University Teachers for Human Rights UTHR, which are concerned purely with their own self-interest and profit making. The ex-minister of Foreign Affairs Mr. Kathirgamar, who works for his own self-interest in order to obtain foreign funds, subtly promoted the activities of this organisation.

Civil society strongly believes that Mr. Kathigamar added fuel to the burning ethnic conflict, egotistically only to promote himself and enjoy a luxurious life-style.

Last year, the Norwegian mediation between the government and the Liberation Tigers of Tamil Eelam LTTE came to a stalemate solely because of the ex-Minister Kathigamar’s egoistic attitude.

If the above-mentioned personality and local NGOs, were genuinely working for upholding human rights, would they allow JVP leader Somanwansa Amerasinghe to leave the island quietly after admitting the killing of at least 6000 innocent people in the South?

The massacre of Muslims during the recent election campaign, for which the ex-Minister of Defence had recently been arrested, is a typical example of what his security forces would have done to the Tamils in the Northeast!

The sons of the ex-minister of Defence Anurudha Ratwatte were allegedly involved in the assassination on 5 January 2000 of Lawyer and human rights defender, Mr. Kumar Ponnambalam. TCHR continues to demand for an independent inquiry into his murder.

The assassination of journalist Mr. Nirmalarajan and the killings of two others in Jaffna, during the last election campaign, by members of the EPDP, conclude that the Chandrika government never had any respect for human rights nor for peace in the island. (Refer annex below)

Sirs / Mesdames, all these facts have caused heavy human suffering and hardship in the NorthEast of the island, and the Tamil people still suffer the consequences thereof.

Our attached documents on State terrorism will give you a clear picture of how the Tamils in this island were subjected to systematic violations of human rights by oppressive Sinhala governments.

In the last parliamentary elections, even though 130,000 Tamils were prevented from voting, Tamil people overwhelmingly voted for the “Tamil National Alliance-TNA”. The TNA consists of many Tamil political parties. Their manifesto states that the LTTE is the sole representative of the Tamils, the ban on the LTTE has to be lifted, the Sri Lanka government should negotiate only with the LTTE to resolve the island’s longstanding ethnic conflict and the economic embargo on the North East should be lifted completely.

To seek a negotiated political solution to the island’s ethnic conflict, the present government should work unstintingly to create normalcy in the NorthEast and should de-proscribe the LTTE.

These are meaningful ways to help stop human rights violations and human suffering in the island. Anything else will only pave the way for more violations and human suffering.

Over a thousand Tamil political detainees are still suffering in various prisons. They were arrested under the draconian law the Prevention of Terrorism Act (PTA) and Emergency Regulations (ERs). The authorities should either institute legal action against them or release without any further undue delay.

Sirs / Mesdames, we welcome the historic agreement (Memorandum of Understanding-MOU) signed between the LTTE and the present Sri Lankan government on 22^nd February 2002.

We appeal to the 58^th Session of the UN Commission on Human Rights, delegates, participants and the civil society to seriously consider the gross and systematic human rights violations perpetrated against the Tamil people in the island of Sri Lanka, and to actively support the peace process initiated by Norway between the Sri Lankan government and the LTTE, for a durable and genuine solution to the conflict in the island.

The Commission on Human Rights and all other human rights institutions should continue to maintain a close watch on the human rights situation in the island of Sri Lanka.

Thanking you,

S. V. Kirubaharan

General Secretary TCHR/CTDH

ASSASSINATION OF KUMAR PONNAMBALAM

Presidential guard organised murder of Kumar Ponnambalam

Sunday Leader

November 11, 2001 - According to the “Sunday Leader” published in Colombo, Sri Lanka, a former member of Sri Lanka's Presidential Security Division found shot dead on 02 November was involved in orchestrating the assassination of human rights defender, Kumar Ponnambalam. The paper also named the assassin as a former Police constable.

The ”Sunday Leader” further stated that Baddegana Sanjeewa, found dead in his car on Pagoda road, with six gunshot wounds on November 2, was the architect of the murder of Mr. Ponnambalam, a human rights lawyer and leader of the All Ceylon Tamil Congress. Mr. Ponnambalam was an outspoken critic of President Chandrika Kumaratunga and in the aftermath of his death, his family accused her of ordering the killing.

"On January 4, 2000, Kumar Ponnambalam was shot dead at Ramakrishna Road, Wellawatte. Moratu Saman and a former police constable named Sunil Ranasinghe carried out the killing on the instructions of Baddegana Sanjeewa", the Sri Lankan broadsheet stated, quoting police sources.

Sanjeewa's career had included being a bodyguard for senior military personnel as well as being a member of Kumaratunga's elite presidential guard.

"Following Kumaratunga's win, Sanjeewa befriended Nihal Karunaratne. The only favour he sought for services rendered during Kumaratunga's election campaign was to be enlisted in the Sri Lanka Police Force. His request was granted and Sanjeewa was accepted as a Reserve Police Constable and assigned to the PSD", the broadsheet stated.

The paper suggested that Sanjeewa was one of Kumaratunga's trusted guards and a close confidante. "Despite his criminal record, President Chandrika Kumaratunga trusted Baddegana Sanjeewa implicitly and was comfortable in having him provide her body protection - confident of his loyalty to her, she felt reasonably safe under his purview," the weekly stated.

The broadsheet also accused the former PSD bodyguard of having links to organised crime rackets. "Backed by political masters, Sanjeewa became a ready and willing tool in a circle of systematic crime", the Sunday Leader said.

The paper alleged that there had been a cover up, protecting Sanjeewa from further investigation. "Even at this stage, the police made every effort to refrain from making public Baddegana Sanjeewa's name as being involved in this murder. Sanjeewa in fact shared a close friendship with SSP Bandula Wickremasinghe, so much so - that on one occasion, when a gang threw hand bombs at a club at Delkanda on September 29, 1999 the cops had captured the getaway car. The vehicle belonged to a friend of Baddegana Sanjeewa's and he personally visited the CDB headquarters on this occasion making a request that the car, be released", the paper stated.

Chandrika's 'bloody' secrets in the house of conspiracy

By The Insider

Among the dozens of political murders that have punctuated Kumaratunga's presidency, the most foul was arguably that of Kumar Ponnambalam, leader of the All Ceylon Tamil Congress.

A distinguished lawyer by profession, Ponnambalam was an outspoken champion of the rights of Tamils in Sri Lanka - often invoking the ire of Sinhala nationalists for his extreme views.

Tragically, early on the morning of January 5, 2000, Ponnambalam was lured out of his house by a young man called Shantha, who had befriended him of late. His bullet-riddled body was discovered less than an hour later in Wellawatte, still at the wheel of his Mercedes.

Among the first to condole with his family was Chandrika Bandaranaike Kumaratunga, who had known Ponnambalam well. She expressed shock and grief. She lied.

The 'show' begins

But that is not all, Chandrika Bandaranaike Kumaratunga has known for the past fourteen months. She knew who pulled the trigger of the gun that killed Ponnambalam. She knew who hired the assassin. She knew who masterminded the foul plot. The president has been privy to this information for more than a year now, and she has chosen to sweep it under the carpet.

Whether she did so in order to hide from the public the shameful fact that she hails from a family of murderers, or in order to blackmail the perpetrator, we are yet to find out.

Consider the evidence we provide below and decide for yourself whether Chandrika Kumaratunga is innocent or guilty. Then decide, as parliament soon must, whether she is a fit and proper person to hold the office of President of your motherland.

The damning evidence we publish below has to also be viewed from the backdrop of Kumaratunga's own utterances of crimes allegedly committed by various persons, whom she identifies only when she can no longer use such offences perceived or otherwise to blackmail the doer.

Into this pot of intrigue, throw in S. B. Dissanayake's own allegations that it was Kumaratunga herself who plotted the murder of newspaper editors and the burning of the presses of The Sunday Leader and Ravaya.

Unknown facts

Add to this scenario, Kumaratunga's Tissamaharama doctrine where she egged people on to murder stating there was no harm in murdering a murderer. Then consider the subsequent attempt on S. B. Dissanayake's life by PSD officers in Maturata.

Now, pause a while and read below the report on Kumar Ponnambalam's murder given to President Kumaratunga by then CDB Chief Bandula 'Show' Wickramasinghe at her own request after the top cop briefed her on the case. A report she did nothing on. Then consider whether Kumaratunga is fit to be the president of this country.

The Sunday Leader is in possession of the letter dated September 7, 2000, addressed to President Kumaratunga by Bandula 'Show' Wickramasinghe, Senior Superintendent of Police and (then) Director of the Colombo Crime Detective Bureau, in addition to other damning evidence, which will be forwarded to the relevant authorities, including the Hague. Here is what the Senior Superintendent wrote to his president:

Report of Senior Superintendent of Police to President Kumaratunga

Bandula Wickramasinghe,

Senior Superintendent of Police,

Director, Colombo Detective Bureau.

No. 50, Gregory's Road, Colombo 7, Sri Lanka.

September 7, 2000

Your Excellency,

Re: Report on Mr. Mahen Ratwatte and Mr. Lohan Ratwatte

Herewith I annex a report on the above subjects, as requested by Your Excellency

Chandrika Bandaranaike Kumaratunga,

Her Excellency the President,

The Democratic Socialist Republic of Sri Lanka,

Temple Trees,

Colombo 03.

 Annexure

On July 28, 2000 a case of house breaking and theft was reported, the stolen goods were valued at Rs. 1.3 million. The Colombo Detective Bureau sleuths arrested the main suspect Mohammed Thahir and he confessed that he had given a brand new 'Hoover' vacuum cleaner valued at Rs. 20,000 to one Sudath Ranasinghe RPC 12559 attached to the Sri lanka Police Reserve Head Quarters. RFC Ranasinghe was arrested and he too confessed that the stolen vacuum cleaner was given as a gift to Mahen Ratwatte who is employed at George Steuarts. Mahen Ratwatte who is the son of the Honourable Minister of Power and Energy and Deputy Minister of Defence Anurudha Ratwatte. On the statement made by RPC Ranasinghe the vacuum cleaner was recovered from the house of Mahen Ratwatte at Link Homes housing scheme at Madiwela.

On May 21, 2000 the officer in charge of CDB, IP Nuwan Vedasinghe received a call from RPC Ranasinghe and he had stated that the president of the All Ceylon Tamil Congress, Kumar Ponnambalam (Attorney-at-law) was murdered by his henchmen, namely underworld activists Moratuwa Saman and Sujeewa, on the instigation of Mahen Ratwatte. Few weeks prior to the assassination of Ponnambalam, Mahen Ratwatte had told Moratuwa Saman and RPC Ranasinghe in Sinhalese ayi yakko sinhala minissu marannay, puluwannam ara Kumar Ponnambalam jathi wadi wagay thadi demelek marapanko. As per the instigations of Mahen Ratwatte, RPC Ranasinghe master planned the assassination and got friendly with Kumar Ponnambalam, posing as one 'Shantha.'

On January 5, 2000 'Shantha' personally went to the house of Kumar Ponnambalam's around 8.30 in the morning and lured him promising ............. As arranged, Moratuwa Saman and Sujeewa waited for the arrival of Ponnambalam, and the both of them fired five rounds from their pistol. Ponnambalam succumbed to his gunshot injuries. After the assassination, the RPC immediately informed Mahen Ratwatte about the killing.

On May 21, 2000 RPC Ranasinghe contacted OIC CDB, from telephone number 08-223993 which is at the guesthouse belonging to the Petroleum Corporation at No. 15, Dumindu Mawatha, Watapoluwa, Kandy. I too contacted RPC Ranasinghe on the above telephone number and he informed me that the most wanted underworld criminal Dhammika Perera is present at the above guesthouse. RPC Ranasinghe promised to surrender to the CDB, and informed me and the OIC CDB to make him a crown witness. But however, he was prevented from surrendering by Mahen Ratwatte. I contacted Mahen Ratwatte and spoke to him requesting from him to surrender RPC Ranasinghe, but Mahen Ratwatte prevented his appearance and told me 'why are you worried, all the top people know about the assassination.' Though several requests were made to Mahen Ratwatte by me and my OIC IP Nuwan Vedasinghe, RPC Ranasinghe surrendered to the Mount Lavinia courts.

Harbouring of under world criminal Dhammika Perera of Rajagiriya

Besides the information provided by RPC Ranasinghe, my private informants have brought to my notice that Ranasinghe had been harboured by Lohan Ratwatte and Mahen Ratwatte and at present Dhammika is being kept at his mothers home on top of a hill close to Mahiyawwa cemetery, Kandy. It is also common knowledge amongst Kandy residents that Dhammika Perera travels along with Lohan Ratwatte in a tinted four-wheel drive vehicle.

My private informants have also brought to my notice that during the Wayamba elections, Lohan and Mahen Ratwatte had been transporting Dhammika Perera in their Pajero vehicle for their protection.

Dhammika Perera is one of the most wanted under world criminals, wanted for 17 murders:

Bandula Wickramasinghe,

Senior Superintendent of Police, Director, Colombo Detective Bureau.

Astounding. This is an official report from the Director of the CDB to the president of Sri Lanka. He tells her succinctly (a) that Anurudha Ratwatte's son Mahen commissioned two underworld thugs, Sudath Ranasinghe and Moratuwa Saman, to murder Kumar Ponnambalam.

That a third assassin, one Sujeewa, also joined in the killing. That Mahen Ratwatte was harbouring Ranasinghe until he surrendered, in connection with another offence. That Mahen Ratwatte had the audacity to tell the Director of the CDB, 'Why are you worried? All the top people know about the assassination.' That in addition to everything else, the Ratwatte family is harbouring and consorting with yet another criminal, Dhammika Perera, who is wanted in connection with no less than 17 other murders!

More lies!

Chandrika knew of these facts as long ago as September 2000, but chose to do nothing.

Bandula 'Show' Wickramasinghe came to know Chandrika Kumaratunga intimately in the aftermath of the infamous Mahanama Tillekeratne case. His wrongful arrest of that High Court judge drew a strong rebuke from the Appeal Court, and Wickramasinghe was ordered personally to pay damages of Rs 200,000. In August 2000, Kumaratunga sent for him, no doubt troubled by a rare pang of remorse, and offered to make good the Rs 200,000. This money was gratefully accepted by Wickramasinghe. At their meeting, Kumaratunga was informed of the investigations into the Ponnambalam killing, on being asked by the president who was anxious to know what the police knew. She was surprised to learn that the police knew the whole story and had all the details.

At their meeting, Kumaratunga also discussed the issue of Baddegana Sanjeeva, a notorious murderer who served as an elite member of the Presidential Security Division under its infamous head, Nihal Karunaratne.

Time to kill the eds

Karunaratne himself is on record as having, in the euphoric aftermath of the December 1999 presidential election, nonchalantly mentioned to Free Media Movement convenor and Reuters' correspondent in Sri Lanka, Waruna Karunatilake that the editor of The Sunday Leader newspaper, Lasantha Wickrematunga, was number one on the PSD's hit list, followed by the editor of the Ravaya newspaper, Victor Ivan. This fact has been widely published and remains uncontradicted by both Kumaratunga and Karunaratne.

Be that as it may, at their meeting at Temple Trees, Kumaratunga asked 'Show' Wickramasinghe what he knew of Sanjeeva's doings. Assuming that the president was ignorant of the facts, the CDB Director went on to catalogue a list of assassinations the hired killer had undertaken in support of Kumaratunga's own administration, including that of Satana Editor, Rohana Kumar. Wringing her hands in mock dismay, the president cried in Sinhala words to the effect, "Aiyo! Now I will have to send him also abroad!" Her despair however, was faked.

The CDB head, knowing that further procrastination was futile, prepared the report immediately and personally delivered it under 'Secret' cover to the president's private secretary, Sarath Gonagala. The report was typed by one Dulip Samarasekera and SSP Wickramasinghe went with IP Vedasinghe to hand over the report. It was just what she needed. The Sunday Leader is also in possession of documentary evidence that Wickramasinghe's report was in fact handed over to Kumaratunga.

An accessory

And for the past 14 months, Kumaratunga has known who killed Ponnambalam and chosen to keep the incriminating evidence in her pocket. Why? Because murder no longer horrifies her. It has become commonplace in her administration. In the run up to the December 5, general election, a team of assassins from Kumaratunga's own Presidential Security Division attempted to murder the defected former minister, S. B. Dissanayake. They failed, and several of the assailants were arrested. Not one word of condemnation from our worthy President. No call for an inquiry. Instead, she was to personally call the Maturata Police and call for the handing over of the assassins to PSD Chief Karunaratne.

There is ample evidence now to prove that Kumaratunga was an accessory (after the crime, at least) to the murder of Kumar Ponnambalam. In any event, there is no doubt that following her conversation with Wickramasinghe and receipt of his report, she knew who killed Kumar Ponnambalam and of the complicity of her cousin, Mahen Ratwatte.

Section 21(a) of the Code of Criminal Procedure is crystal clear on this subject: "Every person aware of the commission or the intention of any other person to commit any offence punishable under the following sections of the Penal Code, namely. 296 [murder and], 297 [culpable homicide]. shall in the absence of reasonable excuse-the burden of proving which shall lie upon the person so aware-forthwith give information to the nearest Magistrate's Court or to the officer in charge of the nearest police station." Kumaratunga manifestly failed to do this.

What is more, Section 199 of the Penal Code states, "Whoever knowing, or having reason to believe that an offence has been committed, intentionally omits to give any information which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both." Section 209 of the Penal Code goes further: "Whenever an offence has been committed, whoever harbours, conceals, assists, or maintains a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment, shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine."

On the wrong side

What is more, Kumar Ponnambalam's cellular phone was found following information given by Ranasinghe from a marsh behind the BMICH and it was formally identified by Ponnambalam's son Gajendra who is today a MP. What is more, records of numerous telephone conversations between the assassins and the Ratwatte brothers are on file. (excerpts “The Sunday Leader” 23 December 2001)

Kumaratunga cornered in Ponnambalam murder

Evidence that President Chandrika Kumaratunga knew the identities of the murderers of All Ceylon Tamil Congress Leader Kumar Ponnambalam for the past several months mounted last week when an inspector of police, Nuwan Vedasinghe, swore on oath that he helped type the damning report that informed the president of the background of the killings as far back as September 2000.

By The Insider

Although Ponnambalam, despite several attempts, was never elected to office in any capacity, he continued to be a thorn in the flesh for the Kumaratunga establishment, the outspoken enfant terrible of the Tamil cause. The provocative outspokenness of this advocate of the Tamil cause however, was clearly too much for Kumaratunga."

Why it was her cousin, Anuruddha Ratwatte's son Mahen, who organised Ponnambalam's murder is a mystery. The ACTC leader could not possibly have wronged Ratwatte Junior. No doubt Ponnambalam's numerous provocative and belittling utterances critical of Kumaratunga served to irk the president. And even as Kumaratunga is known glibly to use her license to kill, as her Tissamaharama Doctrine exemplifies, it would surely be testing the public's credulity to think it possible that mere banter by Ponnambalam could have caused her to wish him dead. Or would it?

Just days prior to his murder, Kumaratunga no less was on national television launching a blistering attack on Ponnambalam by innuendo. Days before that verbal attack, Ponnambalam himself wrote an article, launching a scathing attack on the president. The president's television address was on January 2, 2000. Kumar was murdered three days later, on January 5.

An official report from the Director of the CDB to the President of Sri Lanka dated September 7, 2000 informs Her Excellency succinctly that Anuruddha Ratwatte's son Mahen commissioned two underworld thugs, a reserve Police constable Sudath Ranasinghe and Moratu Saman, to murder Kumar Ponnambalam. A third assassin, one Sujeewa, also joined in the killing. It went on to say that Mahen Ratwatte was harbouring Ranasinghe until he surrendered, in connection with another offence; that when questioned, Mahen Ratwatte had the audacity to tell the Director of the CDB, 'Why are you worried? All the top people know about the assassination'; and that in addition to everything else, the Ratwatte family is harbouring and consorting with yet another criminal, Dhammika Perera, who is wanted in connection with no less than 17 other murders!

As for the Murder of Rohana Kumara, and the two abortive attempts on the life of the editor of The Sunday Leader, the police and Kumaratunga have been aware at least since September 2000 that they were committed by the notorious underworld criminal, Baddegana Sanjeeva, whom Kumaratunga knowingly retained in her Security Division and upon whose murder she sent a wreath of flowers condoling his demise.

In fact, SSP Wickramasinghe in his affidavit reveals, upon the president being told of Baddegana Sanjeeva's involvement in Rohana Kumara's murder, she had allegedly said Sanjeeva must be sent abroad.

Despite Kumaratunga's denial, another police officer, Nuwan Vedasinghe, has now stated under oath that he helped type Bandula Wickramasinghe's report to the president dated September 7, 2000, and also that he and Wickramasinghe went jointly and handed it to Temple Trees. What is more, he has named a third person, a computer expert named Duleep Samarasinghe, who helped type the document. It is now Kumaratunga's word against that of three others, none of whom has an axe to grind in this affair. Furthermore, he corroborates SSP Wickramasinghe on the damning evidence contained in the September 7 report as well as Wickramasinghe's affidavit stating he himself as the officer investigating the murder passed on the information to the CDB Director. And the report of September 7 and the affidavits don't stand in isolation.

Apart from more evidence to follow, telephone records, computer records, diary entries, etc. will also show whether Wickramasinghe in fact prepared a report, visited Temple Trees, spoke with DIG T. V. Sumanasekera and Sarath Gonagala at the relevant time, just for starters.

While the constitution bestows immunity from legal action on the president, it does not give her immunity from investigation. The police must investigate the murders in which she has been implicated, albeit post facto, and the government must act on their findings. It simply will not do for Sri Lanka to have a president whose hands are stained with covering up murder at the best and plotting it at the worst.

Inspector of Police Jayantha Vedasinghe's affidavit

I Keerthi Nuwan Jayantha Vedasinghe, Inspector of Police, Police station Ampara, being a Buddhist do hereby solemnly sincerely and truly declare and state as follows :

1. I am a the affirmant above named.

2. I am an Inspector of Police and currently function as the Personal Assistant to the Senior Superintendent of Police Ampara Division.

3. I was appointed as the officer-in-charge of the Colombo Detective Bureau in 1994. I functioned as the officer-in-charge until November 2000.

4. My superior officer from November 1998, while I was OIC of the Colombo Detective Bureau was Senior Superintendent of Police Mr. Bandula Wickramasinghe.

5. In late August 2000, Mr. Bandula Wickramasinghe my senior superintendent informed me that he was required to meet HE the President and was going to Temple Trees for that purpose.

6. I state that Mr. Bandula Wickramasinghe informed me that he could not meet HE the President that day and was required to meet her the next day at Temple Trees.

7. I state that after returning from Temple Trees on the second occasion Mr. Bandula Wickramasinghe informed me that he met HE the President and during the meeting had informed HE the President information regarding the activities of Minister Anuruddha Ratwatte's sons, the Kumar Ponnambalam murder and doings of Baddegana Sanjeewa. I state that Mr. Bandula Wickramasinghe informed me that after listening to him HE the President had required Mr. Bandula Wickramasinghe to forward a report on the information that had been given by him regarding Minister Ratwatte's sons to HE the President.

8. I state that later Mr. Bandula Wickramasinghe informed me to find a responsible and reliable person to type the said report since HE the President had wanted the report prepared secretly and confidentially.

9. I state that thereafter I contacted Mr. Duleep Samarasinghe whom I knew was an expert in computers as well as a reliable and confidential person and asked him to come to the CDB Headquarters.

10. I state that Mr. Duleep Samarasinghe came to my office and both of us assisted Mr. Bandula Wickramasinghe to prepare a report addressed to HE the President.

11. I state that I can identify the said report that was prepared by Mr. Bandula Wickramasinghe, Mr. Duleep Samarasinghe and myself and annex to this Affidavit a copy of the said report, which has been signed in every page by me by way of authentication (Annexure A). I state that annexure A is a copy of the very same report referred to above.

12. I state that I accompanied Mr. Bandula Wickramasinghe to Temple Trees to hand over the said report prepared by us. I state that after calling one Mr. Gonagala on Mr. Wickramasinghe's mobile phone, Mr. Bandula Wickramasinghe went up to the gate of Temple Tress and handed over the report to a person. Thereafter, we returned to CDB Headquarters.

13. I state that matters stated by Mr. Bandula Wickramasinghe in his report are on facts reported to him by me consequent to investigations conducted under my supervision. Further state that the informant was instructed by me to give all information to Mr. Bandula Wickramasinghe. I knew that the informant had given all information to Mr. Bandula Wickramasinghe over the telephone in this regard. (excerpts - The Sunday Leader 30 December 2001)

We suspect the PA government

Those who thought that the leader of the All Ceylon Tamil Congress (ACTC) Kumar Ponnambalam's legacy could be wiped out after his brutal assassination are in for a surprise. Kumar Ponnambalam may not be living to name his killers, but his son Gajendrakumar Gangaser Ponnambalam is here to bring the culprits who killed his father to book. Young and dynamic, Gajen, as he is known, has vowed to write to the Attorney General to intervene in this matter. Having contested the December 5 election, Gajen, 27, entered parliament. A criminal lawyer himself, Gajen says the report that was submitted to President Kumaratunga by the CDB Chief Bandula Wickramasinghe was politically motivated. He says his father's killing was a motivating factor for him to enter politics though he never wanted to do so. He is committed towards taking his father's policy forward.

Following are excerpts of Gajen's interview with The Sunday Leader.

Q: The murder of your father is once again in the news following the publication of a report submitted by the then Director of Crime Detective Bureau Bandula Wickramasinghe to President Chandrika Kumaratunga as far back as September 2000 in which details of the assassination as well as those responsible for your father's killing have all been highlighted. What action do you intend taking on this report?

A: Personally I am considering writing to the honourable Attorney General (AG) through my family lawyers. That is a step that I am quite sure of taking in the near future. As far as taking it up at a political level, the party of course has not decided. Therefore, I cannot say whether we will take this matter at a political level or not. I am not sure about this. But I will certainly be writing to the AG and asking him to intervene in this matter.

Q: It was also reported that you had identified your father's cellular phone discovered by the police in a marshland behind the BMICH. Is it correct?

A: It is correct. But the circumstances that surround the identification of the phone are suspicious. Bandula Wickramasinghe called me and told me the police had recovered this phone and asked me whether it belonged to my father. I was asked to come to the CDB (Crime Detective Bureau) to identify a phone, which they had recovered, which was supposedly recovered on the instructions given by a suspect in this case. But my understanding is that the phone was recovered before the suspect was taken into police custody. I was told that the information was received from a suspect who had called the CDB and confessed.

Personally my problems with regard to the CDB's actions is that I feel it is terribly politically motivated. Even Bandula Wickramasinghe was asked to take over the investigations, I think the day after my father's killing, he made it very clear to us. He asked us whom we suspected and the family stated that we suspected the government. He made it very clear to us that the president appointed him and that he will prove through his investigations that neither the president nor the government had any involvement in the killing of my father.

In fact, my association with Bandula Wickramasinghe in my father's killing has clearly shown me that his involvement was purely political and he was merely a political instrument. This report that he had purportedly given to the president does not mention a word about government members. He is only talking of the instruments that these people used in killing my father. Now the three suspects and the son of a former minister who have been mentioned in the letter are only instruments. You see, they only carried out the act. The people behind it have not been exposed. So it is only half the story or I would say it is less than half. There is yet more to come and it will come.

Q: What action have you all taken prior to this development relating to Bandula Wickramasinghe's report to bring the murderers to book and subsequent to the report being given to the president, did the president communicate with either you or your mother on what action is being taken?

A: Definitely not with me or any of my family members. And to the best of my knowledge not even with any of the members of the ACTC. As to what steps we took prior to this development, naturally the sole member of the ACTC who was in parliament last year, Vinayagamoorthy made several speeches in parliament that also included my father's assassination. Vinayagamoorthy had specifically made comments regarding my father's assassination. He even stated in parliament that it was a cover up. Even we (the family) think it is a cover up. The initial blame was placed on the LTTE. But when the government found that the people were not going to believe this, the government put the blame on some other militant groups. When the government realised that even this would not work, they put the blame on some of the underworld gang members saying that these individuals had been annoyed because my father had taken a pro-LTTE stand. Even now, all these reports indicate that Bandula Wickramasinghe has been instrumental or has been party with the president in trying to keep the blame away from the government. This is a report to basically show that the government is not directly involved, as opposed to the true picture. So my personal feeling is that this is just a cover up. (excerpts, “The Sunday Leader” 30 December 2001)

ACTC wants debate on Kumar

The All Ceylon Tamil Congress will this week write to Prime Minister Ranil Wickremesinghe requesting a parliamentary debate on the murder of former party leader Kumar Ponnambalam. Ponnambalam was murdered on January 5, 2000 and the family of the late Tamil Congress leader has accused the former Peoples Alliance government of masterminding the murder.

New evidence reveals that Mahen Ratwatte, son of former Deputy Defence Minister Anuruddha Ratwatte ordered the killing and that President Chandrika Kumaratunga was informed of the details in September 2000 by Crime Detective Bureau Chief, SSP Bandula Wickramasinghe but chose not to act on it.

Jaffna District MP, Gajan Ponnambalam, son of the former Tamil Congress leader confirmed to The Sunday Leader that his party would be requesting for the debate in parliament. "There are bigger people than Mahen Ratwatte involved and we want to get to the bottom of it," he said. (The Sunday Leader 13 January 2002)

RIGHT TO SELF DETERMINAION

In a nutshell

(The history, negotiations, abrogation of pacts, military operations, etc)

Severe Aerial bombing, artillery shelling by various governments in the island of Sri Lanka have caused massive human disaster and property damage in the Tamil homeland)

Tamil Centre for Human Rights TCHR Email : tchrgs@hotmail.com / tchrdip@hotmail.com

1505 The Portuguese arrived in Ceylon during the existence of three sovereign kingdoms, one Tamil Kingdom in Jaffna, and two Sinhala Kingdoms in Kotte and Kandy.

The island was divided into three kingdoms, a Tamil kingdom in the North East, the Kandy kingdom of the highlands and the Kotte kingdom situated in the South.

1619 Tamil sovereignty ended in June when the Portuguese defeated the Tamil King, and the Jaffna Kingdom became a Colony of the Portuguese.

1658 The Dutch arrived in Ceylon and the Jaffna Kingdom became a Dutch Colony.

1795 The British arrived in Ceylon and the Jaffna Kingdom became a British Colony.

1802 Ceylon became a British Crown Colony.

1833 For the first time in over 2,500 years of its recorded history, the entire island of Ceylon was brought under a single administration based on the recommendations of the Colebrook-Cameron Report.

1862 Tamils from Southern India were brought as labourers to work in the tea plantations in the hill country by the British. During the same period Tamil labourers from South India were taken to work in the sugar cane plantations in South Africa, Mauritius and in many other British colonies.

1885 Sir Ponnambalam Ramanathan Tamil leader called for increased representation in Legislative council for Tamils.

1915 In June, Sinhala Buddhist-Muslim riots in Ceylon. Riots spread from the central province to the western and northwestern provinces.

There were heavy casualties amongst the Muslims. According to available records, 36 Muslims were killed and 205 Muslims were injured and raped. Nearly 85 mosques were damaged and more than 4,075 Muslim-owned shops were looted by the Sinhala rioters.

1919 The Ceylon National Congress (CNC), the first full-fledged "Nationalist" political party was formed by a celebrated Tamil, Sir Ponnambalam Arunachalam.

1921 Sir Ponnambalam Arunachalam quitted the CNC, denouncing it as a party representing mainly a section of the Sinhalese.

1927-1931 Sir Ponnambalam Ramanathan and Sir Ponnambalam Arunachalam had talks with Sinhala leaders when the Donoughmore Commission announced its recommendations in 1927. The talks ended in a failure as the Sinhala leaders ignored the aspirations of the Tamils.

1944 The first Tamil political party, “All Ceylon Tamil Congress-ACTC” was founded by G. G. Ponnambalam to champion the cause of the Tamils against Sinhala Buddhist domination.

1947 The United National Party (UNP) was formed.

The first constitution of Ceylon was adopted by an Order in Council rather than by a Constituent Assembly. It was known as the (Lord) “Soulbury Constitution” which remained in force until 1972.

1948 The British left Ceylon independence was granted to “Ceylon” and the power to govern Ceylon was handed over to the Sinhalese who were numerically superior.

After the stringent 15 November 1948 Citizenship Act and the laws of disenfranchisement were enacted and adopted, the Tamils of Indian origin Tamils in the hill country (plantation Tamils) were deprived of selecting their representatives to the Parliament. More than a million plantation Tamil workers were rendered stateless.

1948-1950 The Government launched massive Sinhala colonisation schemes in the Eastern province. Gal oya in Batticaloa, Allai and Kathalai in Trincomalee were colonised under pretexts of development.

1949 Dissension with the “Tamil Congress” party led to the formation of the “Tamil Federal Party” (FP) under the leadership of S. J. V. Chelvanayagam.

1951 The first convention of the Federal Party was held and it was unanimously decided to campaign for a federal structure of governance with regional autonomy for Tamils living in North and East.

S.W.R.D. Bandaranaike broke away from UNP and forms the Sri Lanka Freedom Party (SLFP).

1956 The United National Party-UNP was ousted from power in the general elections by the Sri Lanka Freedom Party (SLFP), which swept the island with a wave of Sinhalese-Buddhist nationalism with strong anti-Tamil overtones.

On 14 June S. W. R. D. Bandaranayake father of President Chandrika Kumaratunga proclaimed the “Sinhala Only Act” which made the Sinhala language the only official language of Ceylon.

The peaceful Satyagraha campaign staged by the Tamils to protest against the “Sinhala Only Act” at the Galle Face Green, in front of the Parliament in Colombo was brutally savaged by Sinhalese thugs with the connivance of government. The outbreak of first anti-Tamil riots in the island. More than 150 Tamils were burnt or hacked to death and million rupees worth of properties belonging to Tamils were looted and destroyed.

1957 Soon after the “Sinhala Only Act” was passed in Parliament, talks were initiated between the Prime Minister S.W.R.D. Bandaranaike and the Federal Party leader S. J. V. Chelvanayagam.

On 26 July an agreement known as “Banda Chelva” pact was signed between Bandaranayake and Chevanayagam. This agreement was based on a quasi federal system devolving certain powers to the Tamils in the North East provinces.

Within a week of signing the “Banda-Chelva” pact, it was unilaterally abrogated by the Prime Minister Bandaranaike due to vehement protests staged by the UNP, Buddhist clergy and SLFP. J R Jeyawardena of United National Party-UNP undertook a march to Kandy in protest against this pact.

1958 Anti-Tamil pogrom broke out in the island. Many Tamils were massacred and million of rupees worth of properties belonging to the Tamils were looted and destroyed.

On 25 May, in the government sugar-cane plantation at Polonnaruwa and Hingurakgoda, the Sinhala thugs assaulted the Tamil labourers remorselessly. The Sinhala thugs set fire to the sugar canes and burnt or hacked to death 500 Tamils in Polonnaruwa and Hingurakgoda. Violence spread to the Southern part of the island wherever the Tamils live.

1959 The Prime Minister S. W. R. D. Bandaranaike was assassinated by a Buddhist monk.

1960 Mrs. Srimavo Bandaranaike, widow of S.W.R.D. Bandaranaike and mother of President Chandrika Kumaratunge, swore in as the Prime Minister.

1961 A non-violent civil disobedience campaign was launched by the Federal Party.

The government reacted violently by sending Police and military forces to Jaffna to suppress the agitation. Anti-Tamil pogrom broke out in areas where Sinhalese were in a majority, killing hundreds of Tamils and rendering thousands homeless.

1964 The Srimavo-Shashtri pact was signed for the repatriation of the Tamil people of Indian origin to whom citizenship was denied and disenfranchised through the 1948 Citizenship Act. They lived in the island for over 115 years.

1965 Dudley Senanayake leader of the UNP formed the government with the help of the Federal Party and other parties.

Talks were held between the Prime Minister Dudley Senanayake and S. J. V. Chelvanayagam.

On 24 March, an agreement known as “Dudley-Chelva” Pact was signed between Dudley Senanayake and S. J. V. Chelvanayagam.

The agreement was abandoned without being implemented due to opposition from the SLFP, the Buddhist clergy, and UNP backbenchers.

1967 The Janata Vimukthi Peramuna (JVP-People's Liberation Front) was formed.

1970 Mrs Bandaranaike became the Prime Minister, as the United Front (a coalition of SLFP and other Sinhala leftist parties) gained a two-third majority in the Parliament.

1971 Armed revolution by the Janata Vimukthi Peramuna was suppressed by Srimavoa Bandaranayke. Thousands of Sinhala JVP youths were killed.

Talks were held between various Tamils leaders and Srimavo Bandaranayake on constitutional amendments.

No agreement was reached but the Sinhala leaders went ahead undeterred with their republican constitution amending the minimum safeguards granted to Tamils by the earlier constitution.

1972 Ceylon became a “Republic” on 22 May and Ceylon was officially renamed as the “Republic of SRI LANKA”

The United Front government enacted a Sinhala-Supremacist "Republican Constitution" for the country, which made Buddhism the state religion.

Formation of Tamil United Front (TUF) comprising Federal Party led by, S. J. V. Chelvanayagam, Tamil Congress (TC) led by GG Ponnambalam, and Ceylon Workers Congress (CWC) led by Savariamoorthy Thondaman.

State discrimination against Tamil students' admission to Universities reached the peak with the introduction of "Standardisation". University admission based on merit was abandoned deliberately to stop Tamil students entering Universities.

A youth group comprising self-sacrificing and disciplined youths named Tamil New Tigers (TNT) was formed by Mr. V. Pirabaharan to fight for the right to self-determination of the Tamils in the North East.

1974 On 10 January, Sinhalese Police unleashed an unprovoked violent attack on those attending the prestigious “4^th Tamil Research Conference” in Jaffna, leaving nine innocent civilians dead.

1975 On 5 May the Tamil New Tigers -TNT was renamed as Liberation Tigers of Tamil Eelam LTTE. Mr. V. Pirabaharan was named the Chairman and military commander of the LTTE.

1976 On 14 May, the Tamil United Front -TUF was renamed as Tamil United Liberation Front-TULF. The TULF passed the "Vaddukkoddai resolution" (Page 27) pledging to restore a free, sovereign, secular, socialist state of Tamil Eelam based on the right to self-determination, and also to safeguard the very existence of the Tamil nation in the island.

1977 In July, Tamil United Liberation Front-TULF, contested and won overwhelmingly at the Parliamentary election giving them a mandate to establish the “Right to Self-determination” of Tamil Eelam in the North East. J. R. Jeyewardena of UNP became the Prime Minister, with a five-sixth majority in the Parliament. The TULF became the major opposition party in the parliament.

Talks took place between Prime Minister J.R. Jayawardena and the Tamil United Liberation Front. No agreement was reached. Anti-Tamil pogrom occurred immediately after elections in the areas where Sinhalese were in the majority killing hundreds of Tamils.

1978 A New Constitution was enacted and J.R. Jeyawardena became first Executive President of the country. The phrase “Republic of Sri Lanka” was rephrased as “Democratic Socialist Republic of Sri Lanka”

Sri Lankan security forces started perpetrating their dreadful atrocities against Tamil youths. Counter activities of Tamil militant organisations were also on the increase.

1979 The government enacted the draconian Prevention of Terrorism Act (PTA), banning the Tamil militant organisations. On 11 July, the Jaffna peninsula was brought effectively under martial law under Public Security ordinance. Anti-Tamil pogrom broke out in the island. Many Tamils were killed and properties belonging to Tamils were looted and destroyed.

1980 Several Tamil youths were arbitrarily killed by the Sri Lankan security forces, Police and Army.

1981 In June, another anti-Tamil pogrom was unleashed. Increased military repression in the North. The Jaffna Public Library was burnt down by the Sri Lankan armed forces, allegedly under the direction of two senior government ministers, Gamini Dissanayake and Cyril Matthew. 95,000 volumes of books including numerous culturally important and irreplaceable manuscripts and the buildings were totally destroyed by arson. The Jaffna city market, the office of the Tamils daily newspaper “Eelanadu”, the office of the political party TULF, etc were burnt down by the Sri Lanka security forces.

An anti-Tamil pogrom broke out in the island. Many Tamils were killed and looting of the Tamils properties were widespread.

1982 Government sponsored a Sinhala settlement in the Tamil populated Mullaitivu.

1983 Major anti-Tamil pogrom took place in July all over the island with the buoyed up support of the government. During the four days riots, more than 6,000 Tamils were killed and over 250,000 were rendered refugees. Thousands of Tamils fled the country and went to India and to Western countries. Billions rupees worth of Tamils properties was looted and destroyed by the Sinhala rioters.

Between 27-28 July, fifty-three Tamil political prisoners were massacred inside the walls of the Welikadai prison in Colombo by the Sinhala inmates. The government masterminded this massacre and the Sinhala attackers were released from the prison and were rewarded with houses and properties in the Sinhala settlements in the Tamil homeland.

Hundreds of youths joined the LTTE movement and the TULF Members of Parliament sought asylum in India.

J. R. Jeyawardena’s government enacts the 6^th amendment to the constitution and rejected the right to self-determination of the Tamil people in the island on 8^th August. This amendment outlawed the mandate voted by the Tamils in 1977 general election. The Sixth amendment and the Prevention of Terrorism Act in 1979 along with the Emergency Law provisions became the instruments through which repression was unleashed on the Tamil people.

1984 At the beginning of EELAM WAR-I. Tamils living in the North East were lynched, arrested, tortured and killed. Women and many men disappeared. Sri Lankan Air Force bombers dropped lethal napalm bombs in residential areas causing severe loss and damage to the Tamil people and to their properties.

1985 Talks mediated by India took place in Thimbu, the capital of Bhutan, between the LTTE including other Tamil parties and the J. R. Jeyawardena’s government. Two rounds of direct negotiations were held in July-August and on 17th September.

All Tamil parties worked out four cardinal principles as the basis for the negotiation, which are today known as the “Thimpu principles”. (Page 26). The Sri Lankan government's reluctance to devolve powers and its refusal to recognise the Thimbu principles as the basis for the talk resulted in the abrupt premature termination of the negotiation. No agreement was reached.

1985-1987 State repression and counter attacks intensified in the North East resulting in all-out war between the Sri Lankan state and the LTTE. LTTE effectively took control of the Jaffna peninsula and other Northern areas.

Thousands of Tamils were killed as fighting turned brutal. Non-combatants were systematically targeted by the Sri Lanka Police, Army, Navy, Air force and Special Task Force-STF.

1986 In November, talks between the LTTE representatives and President J. R. Jeyawardena took place through the mediation of the Indian Prime minister in Bangalore, India.

LTTE Leader Pirabaharan and advisor Dr. Anton Balasingham participated in the talk.

Talks ended in a failure. J. R. Jeyawardena refused to recognise the right to self-determination and the homeland of the Tamils.

1987 An economic embargo was imposed by the Sri Lankan government on the Jaffna peninsula. Sri Lankan government launched a military operation named “Operation Liberation” to recapture the Jaffna peninsula. Sri Lanka’s two army brigades launched an offensive in the early hours on the 26th May in Vadamarachchi. The operation continued for five days.

On the 29th July 1987, a peace accord known as “Indo-Lanka” pact was signed between Sri Lanka and India. Even though this accord purported to bring an end to the island’s ethnic crisis, it was signed by India and Sri Lanka without any consultation with LTTE and the Tamils of the North East of the Island.

Tens of thousands of Indian troops known as “Indian Peace Keeping Force" (IPKF) arrived in North East. Later this force was named by the Tamils and civil society as the “Innocent Public Killing Force” (IPKF).

The Sinhala nationalist Janatha Vimukthi Permuna (JVP) vigorously opposed the “Indo-Lanka” pact.

The LTTE’s first public meeting was held in Suthumalai on 4 August 1987. The LTTE Leader Mr. Pirabaharan’s speech in this meeting became known as the “Suthumalai Declaration” (Page 25).

On 5th August, the Liberation Tigers of Tamil Eelam -LTTE and other militant groups surrendered their arms to the Indian army.

On 3rd October, seventeen LTTE members, including two leaders, were intercepted at sea near the coastal waters of Point Pedro, by the Sri Lankan Navy and were held at the Pallaly military base. This was a violation of the cease-fire as an amnesty had been given to the militant groups in the “Indo-Lanka” accord. When the Sri Lanka army attempted to forcibly transport them by air to Colombo, all seventeen simultaneously bit cyanide capsules. Twelve died on the spot and five survived.

On 10th October, the Indian Peace Keeping Force-IPKF which came to maintain peace in the North East, started attacking the Tamils in the North East killing more than six thousand (6000) civilians, torturing, raping innumerable women, looting billions of rupees worth of jewellery. Fighting started between the IPKF and the LTTE.

1988 The leader of the United Socialist Alliance (USA), Vijaya Kumaratunge, husband of President Chandrika Kumaratunga, was assassinated allegedly by the members of Janath Vimukthi Peramuna-JVP. Ironically JVP are present allies of President Chandrika. Ranasinghe Premadasa of the United National Party won the Presidential election.

1989 Talks between the LTTE the President Premadasa took place in Colombo. LTTE’s chief negotiator Dr. Anton Balasingham, Mrs Adel Balasingham and many other LTTE high-level leaders took part in the talks.

While in negotiation with the LTTE, Sri Lanka President Premadasa demanded the Indian government to withdraw the Indian troops from Sri Lanka. The Up-rising of Janatha Vimukthi Perumuna (JVP) was suppressed by the government and the JVP leader, Rohana Wijeweera and many others were killed.

The LTTE formed a political party and named it as People Front of the Liberation Tigers (PFLT). The LTTE was preparing to participate in the Elections to demonstrate the peoples’ support to the LTTE.

12 August, the PFLT representative attended the All Party Conference as an “Observer”. Twenty six political parties participated in this conference in Colombo.

1990 In March, the IPKF withdrew from the island of Sri Lanka.

As soon as the Indian Army left the island, President Premadasa started changing his tactics and kept on dragging on the issues negotiated with the LTTE. For example LTTE participation in an election to demonstrate the support of the people was systematically avoided. Premadasa was preparing for a military victory over the LTTE. Talks ended in a failure.

At the beginning of EELAM WAR II. Hostilities broke out again between the Sri Lankan forces and the LTTE. Economic blockade was imposed causing severe shortage of food and medicine in the North.

On the 10th September, 185 Tamil civilians were butchered by the Sri Lankan army at the Saththurukondan Army camp in the Batticaloa district. Tamils from Saththurukondan, Panichchaiyady, Kokkuvil, Pillaiyaraddy were the victims of the massacre.

1991 Tamils in the North East were subjected to arbitrary arrest, detention, torture, rape, summary executions and massacres. Properties of the Tamils worth million of rupees were destroyed in aerial bombardments and artillery shelling. Military operation ‘JAYASHAKTI’ was launched to expand the Pallaly army camp and the airfield. In September, military operation code named 'SEA BREEZE' was launched in Mullaithivu.

Military operation 'THRIVIDHA BALAYA' was launched during the operation on the old Dutch Fort in the heart of Jaffna town. The military operation 'BALAVEGAYA - I' was the largest military operation conducted at that time. 'AKUNUPAHARA' was launched in the Niththikaikulam area and military operation 'BALAVEGAYA - II' was launched in the Jaffna peninsula.

On 12th June, 82 Tamils were massacred in the village of Kokaddicholai, Mahiladi Theevu and Muthalai Kuddah in the Batticaloa district. More than 400 houses were looted and burnt by the Sri Lanka army

1992 On 9^th August, 32 Tamils were killed in the village of Mailanthannai in Batticaloa district. Most of the victims were hacked to death by the Sri Lanka army.

1993 President Premadasa was killed in a bomb explosion at a May Day rally in Colombo. The then Prime Minister D.B. Wijetunge assumed Presidency. The then cabinet minister Ranil Wickremasinghe became the Prime Minister.

1994 The People's Alliance led by Chandrika Kumaratunge won the Parliamentary elections with the pledge to "end the war and bring peace". The LTTE unilaterally announced a temporary ceasefire to welcome the change of government.

Talks between the LTTE and the PA government led by President Chandrika Kumaratunga commenced in Jaffna. Kumaratunge won the Presidential election. LTTE chief negotiator Dr. Anton Balasingham, and many other LTTE high-level leaders participated in the talks.

1995 On 5 January, the Government of Sri Lanka (President Chandrika) and the LTTE (Leader V. Pirabahakaran) signed an agreement for cessation of hostilities. The Government announced lifting of the economic embargo on some items only on paper, but the embargo continued. Later Chandrika government argued that there was no such thing as an economic embargo in the Tamil region. This was considered by civil society and the international humanitarian organisations as an “Utter lie with hidden agenda”.

The PA was not at all interested in a negotiated political settlement to the bloody ethnic conflict. The PA government was preparing for a military assault on the LTTE. In order to buy time they were sending non-governmental officials for talks with LTTE and were dragging on the promise to lift the economic embargo.

The LTTE gave a two-week ultimatum in March to the government to implement what they had promised to the civilians. This ultimatum was later extended by another three weeks until April 19th. Talks ended in failure.

Government launched a major offensive in July in several parts of the Jaffna peninsula after imposing a press censorship. This was the beginning of EELAM WAR-III.

On the 9^th July, military operation ‘OPERATION LEAP FORWARD’ was launched from Pallaly, Tellipallai and Mathagal towards Alaveddy, Sandilipay and Vaddukoddai.

On the same day, St. Peters church at Navaly which was functioning as a temporary refugee camp for displaced people from the battle zone was bombed by Sri Lankan Air force killing 165 civilians, including many women and children.

On the 1^st October, military operation ‘THUNDER’ was launched in Vasavillan, Pathameni, Atchuveli and Puttur.

On the 22nd September, Sri Lankan Air force bombed a school at Nagarkovil in Vadamaradchi, killing 25 school children among the 71 killed on the spot.

On 17^th October military operation 'RIVIRESA-I' was launched in the Valikamam area of the Jaffna peninsula. Most of the people had fled Valikamam during this military operation. The Sri Lanka army captured Valigamam and Jaffna city and this resulted in more than 500,000 civilians fleeing to LTTE controlled Vadamaradchi, Thenmaradchi divisions of the peninsula and to Vanni. On the 30th October, Jaffna remained a “ghost town” sans people.

1995 On the morning of 15th November, the NGO Forum took place at Bentota Beach Hotel, in Bentota, in the South of Sri Lanka. Both foreign and local NGO representatives participated in this forum, which was designed to improve cooperation between local and international NGOs in the effort to promote equitable development. The forum meeting was disrupted by anti-NGO demonstrators.

Three journalists were nearly hammered to death by members of the crowd, which congregated outside the Bentota hotel! They smashed a car and attempted to throw a journalist into the river. The police authorities made no effort to prevent the assault or to rescue the victims. It was alleged that certain government politicians were behind the anti-NGO demonstration. The organisers of the NGO forum decided to shift the venue to the capital, Colombo.

On 16th November, the NGO Forum re-convened in the morning at a conference hall in Ratmalana, a suburb south of Colombo. The conference attendees, several of whom had been questioned by police officers at their hotel the previous night, once again became nervous. Just as the Forum was beginning its work, police officers arrived to “request” the Forum to suspend its proceedings, claiming that the meeting was illegal! The meeting was dissolved and all attendees dispersed.

In the afternoon of the 16th November, the Forum’s international Core Group and the Sri Lanka Working Group convened an emergency meeting at an NGO’s office in Colombo to discuss their concerns regarding the disrupting of the NGO Forum in two different locations. Unfortunately this meeting, too, was disrupted when an angry crowd, made aware of the venue by radio news broadcast, converged on the site. It was evident that the discussions could not continue there either.

1996 Human rights violations by the army, including rape and disappearances increased in the Jaffna peninsula. This fact was brought to light by the revelation made of the rape and murder of Krishanthy Kumaraswamy, a Tamil schoolgirl. The girl's mother, brother and a neighbour were also murdered when they went to the army camp, inquiring about the fate of the girl.

The LTTE released 16 Sinhala fishermen captured earlier, as a gesture of good will for Christmas-New Year. During the month of April-May, the 2nd and 3rd Stages of Operation 'RIVIRESA' were launched in Thenamarachchi and Vadamarachchi in the Jaffna peninsula. In September, the military operation 'SATHJAYA' was launched in Kilinochchi and Paranthan areas.

1997 Sri Lankan forces began another major offensive in the Northern town of Vavuniya. In February, operation 'EDIBALA' was launched in Mannar. In May, the longest and the largest military operation "JAYSIKURU" was launched in Vanni. Operation “RIVIBALA” was launched by the Army (53 and 55 Divisions) in Oddusudan town and along Nedunkerny Oddusudan Road.

On the 25th September, 38 NGOs serving in several parts of Batticaloa district, were ordered by Government of Sri Lanka to cease all their humanitarian operations. This immediately followed a government order banning NGOs from assisting people in the areas of Batticaloa.

1998 Sri Lankan armed forces shelled the residential area Karuvakeni. Medical embargo to the North-East continued. Sri Lankan Kfir bombers bombarded the towns. The Jaffna Teaching Hospital was on the verge of shutting down its surgical wards owing to the short supply of items. Two Catholic priests were killed by bombs dropped by Sri Lankan Kfir planes. The Sri Lankan army shot and hacked to death many Tamil civilians.

On the 5th July, it was revealed in High Court, Colombo by the former Army Lance Corporal that that “hundreds of men and women arrested by the army in Jaffna were killed and buried in Chemmani.

1999 OPERATION RANAGOSA

Stage I Military operation commenced in early March in Mundumurippu, Iranai, Illuppaikkulam and Puwarasankulam areas.

Stage II The military operation was launched (53 and 55 Divisions) in mid March 1999 in Madu and Palamppiddi areas.

Stage III Military operation was launched in early May 1999 in Periyamadu and south west of Chiraddikulam.

Stage IV Military operation was launched on mid June 1999 in Papamodai, Vedithalathivu and Welimarandmadu areas.

OPERATION RIVIKIRANA 1 & II

Military operation ‘RIVIKIRANA I & II’ were launched in Ariyalai, Thanakillppu and Kaithaddy. Military operation ‘KINIHEERA I’ was launched by 51,52,53 and 55 Divisions along the Thanakillappu-Chava Road. Military Operation ‘KINIHEERA II’ was launched in Kaithaddy, Nunavil, Thanakillappu and Ariyalai.

OPERATION KINIHEERA III/IV

Military operation ‘KINIHEERA III and IV’ was launched in Sarasalai, Puthur, Maduvil South and Nunavil East.

2000 On the 5th January, Human Rights Defender Mr. G. G. Ponnambalam was assassinated allegedly the by the PA (Chandrika’s) government’s hirelings.

The Norwegian government came forward to facilitate peace talks between LTTE and the Chandrika government. The Norwegian chief facilitator Mr. Eric Solheim was shuttling between LTTE and the government. The Norwegian chief facilitator had meetings with LTTE Chief negotiator Dr. Anton Balasingham in London as well with LTTE Leader Mr. V. Pirabaharan in the Vanni. He also had meetings with other political leaders in Sri Lanka.

2001 Sinhala Muslims riots broke out on 2nd May in Mawanella, between Colombo and Kandy. Two Muslims were killed and Muslim- owned shops and houses were set on fire by the Sinhala rioters. On the following Friday Muslim worshippers at a Mosque in Colombo, demonstrated against the violence against Muslims in Mawanella.

There were also Sinhala-Muslim riots in Muttur in Trincomalee following the Mawanella incidents. Many shops in Muttur were razed to the ground.

The LTTE have announced unilateral cease-fires many a time. One lasted for four months. President Chandrika’s government refused to reciprocate the cease-fire declared by the LTTE and opted to continue with its military agenda.

The Minister of foreign affairs Lakshman Kadirgamar accused the Norwegian peace envoy Mr. Eric Solheim of giving too much consolation to the Tamils and sidelined him, out of personal dislike for Eric Solheim. On the 7th June, Kadirgamar insisted that the Norwegian government must remove Mr. Eric Solheim from the peace mediation. This brought the mediation to a stalemate.

The Tamil political parties formed a front known as the “Tamil National Alliance (TNA)” and contested the Parliament elections in the North East on the 5th December 2001 and won in 16 electorates. TNA’s Election manifesto (Page 24)

In December, the UNP government headed by the Prime Minister Ranil Wickremasinghe came into power with the mandate for peace and negotiations with LTTE. The LTTE declared a one month cease-fire and it was renewed. The government also declared one month cease-fire and renewed it.

2002 LTTE released 10 prisoners of war as a gesture of good will for peace.

The Norwegian government re-activated its peace role. The Norwegian delegation led by Deputy Foreign Minister Vidar Helgesenand and Mr. Eric Solheim met with the LTTE chief negotiator Dr. Anton Balasingham in London and the Prime Minister and other ministers in Sri Lanka.

On 21 February, an historic agreement, a “Memorandum of Understanding” (Page 21)was signed between Mr. V. Pirabaharan, the leader of the Liberation Tigers of Tamil Eelam LTTE, and the Sri Lanka Prime Minister Mr. Ranil Wickremasinghe. This MOU was worked out under the facilitation of the Norwegian government.

Memorandum of Understanding MOU

Statement by Mr. Jan Petersen, Foreign Minister of Norway

22 February 2002

Announcement of Sri Lanka ceasefire

As from 00:00 hours on 23 February 2002, a ceasefire agreement enters into force between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE). The ceasefire document, signed by Sri Lankan Prime Minister Ranil Wickremesinghe and LTTE leader Vellupilai Pirabaharan, has been deposited with the Norwegian Government and we have been asked to make the agreement public.

The overall objective of the parities is to find a negotiated solution to the ethnic conflict in Sri Lanka, which has cost 60,000 lives and caused widespread human suffering. The ceasefire will pave the way for further steps towards negotiations.

Through this formalized ceasefire the parties commit themselves to putting an end to the hostilities. They commit themselves to restoring normalcy for all the inhabitants of Sri Lanka, whether they are Sinhalese, Tamils, Muslims or others. And they commit themselves to accepting an international monitoring mission, led by Norway, which will conduct on-site monitoring.

Both sides have taken bold steps to conclude the ceasefire, and this agreement is a message that they are prepared to continue taking bold steps to achieve peace. They are embarking on a long road towards a political solution. It will not be easy. It will require determination and courage. The parties will face risks and uncertainties, and they will have to make hard choices. But no hardships are worse than those of conflict and bloodshed. No gains are greater than those of peace and prosperity.

On the journey to peace and prosperity, the inhabitants of Sri Lanka, and their leaders, will need the solidarity of the international community. It must mobilize political and financial support for peace and reconciliation. Norway will continue to accompany the parties in this demanding process.

I shall now provide some more detail about the ceasefire agreement.

First, it outlines the modalities of the ceasefire, including the total cessation of all offensive military operations, the separation of forces, and increased freedom of movement for unarmed troops on both sides.

Second, measures to restore normalcy for all the inhabitants of Sri Lanka Sinhalese, Tamils, Muslims and others putting an end to hostile acts against civilians, allowing the unimpeded flow of non-military goods, opening roads and railway lines, and a gradual easing of fishing restrictions.

Third, a small international monitoring mission led by Norway. The mission will conduct international on-site monitoring of the fulfilment of the commitments made by the Parties. Let me underline, however, that it is up to the parties to respect the agreement and to impose sanctions on those individuals on either side who act contrary to the agreement.

Agreement on a ceasefire between the Government of the Democratic Socialist Republic of Sri Lanka and the Liberation Tigers of Tamil Eelam

Preamble

The overall objective of the Government of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the GOSL) and the Liberation Tigers of Tamil Eelam (hereinafter referred to as the LTTE) is to find a negotiated solution to the ongoing ethnic conflict in Sri Lanka.

The GOSL and the LTTE (hereinafter referred to as the Parties) recognize the importance of bringing an end to the hostilities and improving the living conditions for all inhabitants affected by the conflict. Bringing an end to the hostilities is also seen by the Parties as a means of establishing a positive atmosphere in which further steps towards negotiations on a lasting solution can be taken.

The Parties further recognize that groups that are not directly party to the conflict are also suffering the consequences of it. This is particularly the case as regards the Muslim population. Therefore, the provisions of this Agreement regarding the security of civilians and their property apply to all inhabitants.

With reference to the above, the Parties have agreed to enter into a ceasefire, refrain from conduct that could undermine the good intentions or violate the spirit of this Agreement and implement confidence-building measures as indicated in the articles below.

Article 1: Modalities of a ceasefire

The Parties have agreed to implement a ceasefire between their armed forces as follows:

1.1 A jointly agreed ceasefire between the GOSL and the LTTE shall enter force on such date as is notified by the Norwegian Minister of Foreign Affairs in accordance with Article 4.2 hereinafter referred to as D-Day.

Military operations

1.2 Neither Party shall engage in any offensive military operation. This requires the total cessation of all military action and includes, but is not limited to, such acts as:

a) The firing of direct and indirect weapons, armed raids, ambushes, assassinations, abductions, destruction of civilian or military property, sabotage, suicide missions and activities by deep penetration units;

b) Aerial bombardment;

c) Offensive naval operations.

1.3 The Sri Lankan armed forces shall continue to perform their legitimate task of safeguarding the sovereignty and territorial integrity of Sri Lanka without engaging in offensive operations against the LTTE.

Separation of forces

1.4 Where forward defence localities have been established, the GOSL’s armed forces and the LTTE’s fighting formations shall hold their ground positions, maintaining a zone of separation of a minimum of six hundred (600) metres. However each Party reserves the right of movement within one hundred (100) metres of its own defence localities, keeping an absolute minimum distance of four hundred (400) metres between them. Where existing positions are closer than four hundred (400) metres, no such right of movement applies and the Parties agree to ensure the maximum possible distance between their personnel.

1.5 In areas where localities have not been clearly established, the status quo as regards the areas controlled by the GOSL, and the LTTE respectively, on 24 December 2001 shall continue to apply pending such demarcation as is provided in article 1.6.

1.6 The Parties shall provide information to the Sri Lanka Monitoring Mission (SLMM) regarding defence localities in all areas of contention, cf. Article 3. The monitoring mission shall assist the Parties in drawing up demarcation lines at the latest by D-Day + 30.

1.7 The Parties shall not move munitions, explosives or military equipment into the area controlled by the other Party.

1.8 Tamil paramilitary groups shall be disarmed by the GOSL by D-Day + 30 at the latest. The GOSL shall offer to integrate individuals in these units under the command and disciplinary structure of the GOSL armed forces for service away from the Northern and Eastern Province.

Freedom of Movement

1.9 The Parties’ forces shall initially stay in the areas under their respective control, as provided in Article 1.4 and Article 1.5.

1.10 Unarmed GOSL troops shall, as of D-day + 60, be permitted unlimited passage between Jaffna and Vavuniyua using the Jaffna-Kandy road (A9). The modalities are to be worked out by the Parties with the assistance of the SLMM.

1.11 The Parties agree that as of D-day individual combatants shall, on the recommendation of their area commander, be permitted, unarmed and in plain clothes, to visit family and friends residing in areas under the control of the other Party. Such visits shall be limited to six days every second month, not including the time of travel by the shortest applicable route. The LTTE shall facilitate the use of the Jaffa-Kandy road for this purpose. The Parties reserve the right to deny entry to specified military areas.

1.12 The Parties agree that as of D-day individual combants shall, notwithstanding the twomonth restriction, be permitted, unarmed and in plain clothes, to visit immediate family (i.e. spouses, children, grandparents, parents and siblings) in connection with weddings or funerals. The right to deny entry to specified military areas applies.

1.13 Fifty (50) unarmed LTTE members shall as of D-day + 30, for the purpose of political work, be permitted freedom of movement in the areas of the North and the East dominated by the GOSL. Additional 100 unarmed LTTE members shall be permitted freedom of movement as of D-day + 60. As of D-Day + 90, all unarmed LTTE members shall be permitted freedom of movement in the North and East. The LTTE members shall carry identity papers. The rights of the GOSL to deny entry to specified military areas applies.

Article 2 : Measures to restore normalcy

The Parties shall undertake the following confidence-building measures with the aim of restoring normalcy for all inhabitants of Sri Lanka:

2.1 The Parties shall in accordance with international law abstain from hostile acts against the civilian population, including such acts as torture, intimidation, abduction, extortion and harassment.

2.2 The Parties shall refrain from engaging in activities or propagating ideas that could offend cultural or religious sensitivities. Places of worship (temples, churches, mosques and other holy sites, etc.) currently held by the forces of either of the Parties shall be vacated by D-day + 30 and made accessible to the public. Places of worship which are situated in “high security zones” shall be vacated by all armed personnel and maintained in good order by civilian workers, even when they are not made accessible to the public.

2.3 Beginning on the date on which this Agreement enters into force, school buildings occupied by either Party shall be vacated and returned to their intended use. This activity shall be completed by D-day + 160 at the latest.

2.4 A schedule indicating the return of all other public buildings to their intended use shall be drawn up by the Parties and published at the latest by D-day +30.

2.5 The Parties shall review the security measures and the set-up of checkpoints, particularly in densely populated cities and towns, in order to introduce systems that will prevent harassment of the civilian population. Such systems shall be in place from D-day +60.

2.6 The Parties agree to ensure the unimpeded flow of non-military goods to and from the LTTE-dominated areas with the exception of certain items as shown in Annex A. Quantities shall be determined by market demand. The GOSL shall regularly review the matter with the aim of gradually removing any remaining restrictions on non-military goods.

2.7 In order to facilitate the flow of goods and the movement of civilians, the Parties agree to establish checkpoints on their line of control at such locations as are specified in Annex B.

2.8 The Parties shall take steps to ensure that the Trincomalee Habarana road remains open on a 24-hour basis for passenger traffic with effect from D-day +10.

2.9 The Parties shall facilitate the extension of the rail service on the Batticaloa-line to Welikanda. Repairs and maintenance shall be carried out by the GOSL in order to extend the service up to Batticaloa.

2.10 The Parties shall open the Kandy-Jaffna road (A9) to non-military traffic of goods and passengers. Specific modalities shall be worked out by the Parties with the assistance of the Royal Norwegian Government by D-day + 30 at the latest.

2.11 A gradual easing of the fishing restrictions shall take place starting from D-day. As of D-day + 90, all restrictions on day and night fishing shall be removed, subject to the following exceptions : (i) fishing will not be permitted within an area of 1 nautical mile on either side along the coast and 2 nautical miles seawards from all security forces camps on the coast : (ii) fishing will not be permitted in harbours or approaches to harbours, bays and estuaries along the coast.

2.12 The Parties agree that search operations and arrests under the Prevention of Terrorism Act shall not take place. Arrests shall be conducted under due process of law in accordance with the Criminal Procedure Code.

2.13 The Parties agree to provide family members of detainees access to the detainees within D-day + 30.

Article 3: The Sri Lanka Monitoring Mission

The Parties have agreed to set up an international monitoring mission to enquire into any instance of violation of the terms and conditions of this Agreement. Both Parties shall fully cooperate to rectify any matter of conflict caused by their respective sides. The mission shall conduct international verification through on-site monitoring of the fulfilment of the commitments entered into in this Agreement as follows :

3.1 The name of the monitoring mission shall be the Sri Lanka Monitoring Mission (hereinafter referred to as the SLMM).

3.2 Subject to acceptance by the Parties, the Royal Norwegian Government (hereinafter referred to as the RNG) shall appoint the Head of the SLMM (hereinafter referred to as the HoM), who shall be the final authority regarging interpretation of this Agreement.

3.3 The SLMM shall liase with the Parties and report to the RNG.

3.4 The HoM shall decide the date for the commencement of the SLMM’s operations.

3.5 The SLMM shall be composed of representatives from Nordic countries.

3.6 The SLMM shall establish a headquarters in such place as the HoM find appropriate. An office shall be established in Colombo and in Vanni in order to liase with the GOSL and the LTTE respectively. The SLMM will maintain a presence in the districts of Jaffna, Mannar, Vavuniya, Trincomalee, Batticaloa and Amparai

3.7 A local monitoring committee shall be established in Jaffna, Mannar, Vavuniya, Trincomalee, Batticaloa and Amparai. Each committee shall consist of five members, two appointed by the GOSL, two by the LTTE and one international monitor appointed by the HoM. The international monitor shall chair the committee. The GOSL and the LTTE appointees may be selected from among retired judges, public servants, religious leaders or similar leading citizens.

3.8 The committees shall serve the SLMM in an advisory capacity and discuss issues relating to the implementation of this Agreement in their respective districts, with a view to establishing a common understanding of such issues. In particular, they will seek to resolve any dispute concerning the implementation of this Agreement at the lowest possible level.

3.9 The Parties shall be responsible for the appropriate protection of and security arrangements for all SLMM members.

3.10 The Parties agree to ensure the freedom of movement of the SLMM members in performing their tasks. The members of the SLMM shall be given immediate access to areas where violations of the Agreeement are alleged to have taken place. The Parties also agree to facilitate the wsidest possible access to such areas for the local members of the six above-mentioned committees, cf Article 3.7.

3.11 It shall be the responsibility of the SLMM to take immediate action on any complaints made by either Party to the Agreement and to enquire into and assist the Parties in the settlement of any dispute that might arise in connection with such complaints.

3.12 With the aim of resolving disputes at the lowest possible level, communication shall be established between commanders of the GOSL armed forces and the LTTE area leaders to enable them to resolve problems in the conflict zones.

3.13 Guidelines for the operations of the SLMM shall be established in a separate document.

Article 4: Entry into force, amendments and termination of the Agreement

4.1 Each Party shall notify its consent to be bound by this Agreement through a letter to the Norwegian Minister of Foreign Affairs signed by Prime Minister Ranil Wickremesinghe on behalf of the GOSL and by leader Velupillai Pirabaharan on behalf of the LTTE, respectively. The Agreement shall be initialled by each Party and enclosed in the above-mentioned letter.

4.2 The Agreement shall enter into force on such date as is notified by the Norwegian Minister of Foreign Affairs.

4.3 This Agreement may be amended and modified by mutual agreement of both Parties. Such amendments shall be notified in writing to the RNG.

4.4 This Agreement shall remain in force until notice of termination is given by either Party to the RNG. Such notice shall be given fourteen (14) days in advance of the effective date of termination.

Annexes

Annex A : List of goods Annex B: Checkpoints

Election manifesto of Tamil National Alliance (TNA) 2001

The Tamil National Alliance (TNA) comprising the Tamil United Liberation Front (TULF), the All Ceylon Tamil Congress (ACTC), the Tamil Eelam Liberation Organization (TELO) and the Eelam People's Revolutionary Liberation Front (EPRLF) released its manifesto in Colombo on 10 November 2001.

The immediate aims and objectives of the Tamil Alliance are the following: -

i) The immediate lifting of the economic embargo currently in force in parts of the northeast province

ii) The withdrawal of the residential and travel restrictions foisted on the Tamil nationality

iii) The immediate cessation of the war being currently waged in the northeast

iv) The immediate commencement of the process of negotiations with the Liberation Tigers of Tamil Eelam ( LTTE) with international third party involvement.

This Alliance also states that unless meaningful negotiations are held with the L.T.T.E. no just solution can be found to the Tamil national question and that such negotiations should be held immediately only with the LTTE. This Alliance further states that in order to ensure that the negotiations are properly focussed and are purposeful and successful, no parallel negotiations should take place with any other Tamil political formation.

v) That to facilitate the commencement of such negotiations, steps should be taken to lift the proscription imposed on the Liberation Tigers of Tamil Eelam (LTTE) in Sri Lanka, and thereby ensure such proscription does not constitute an impediment to the free and full participation of the LTTE at such negotiations on behalf of the Tamil nationality.

The Alliance contests the forthcoming parliamentary elections in order to achieve the aims and objectives, outlines above, and will campaign both nationally and internationally for the achievement of the said aims and objectives.

This Alliance will mobilize the Tamil-speaking people of the northeast, in order to achieve the said aims and objectives.

The Tamil nationality is today at the crossroads, between despair as a result of their present pathetic plight, and hope for a better tomorrow.

We urge the Tamil speaking voters to repose faith in the hope for a better tomorrow, and extend their total support to the Tamil Alliance, by casting their votes for the rising sun, the common symbol of the Tamil Alliance.

<Election Results>

Suthumalai Declaration (1987)

Leader of Liberation Tigers of Tamil Eelam LTTE, Veluppillai Pirabaharan addressed the first public meeting in Suthumalai on 4 August 1987. His speech in this meeting is known as “Suthumalai declaration”.

“My beloved and esteemed people of Tamil Eelam,

“Today there has taken place tremendous turn in the history of our liberation struggle. This turn has come suddenly, in a way that has stunned us, and as if it were beyond our power to influence events.

“Whether the consequences of this turn will be favourable to us, we shall have to wait and see.

“You are aware that this Agreement, concluded suddenly and with great speed between India and Sri Lanka, without consulting our people and without consulting us, our people’s representatives, is being implemented with expedition and urgency. Until I went to Delhi, I did not know anything about this Agreement. Saying that the Indian Prime Minister desired to see me, they invited me and took me quickly to Delhi. This Agreement was show to us after I went there. There were several complications and several question marks in it. The doubt arose for us whether, as a result of this Agreement a permanent solution would be available to the problems of our people. Accordingly, we made it emphatically clear to the Indian Government that we were unable to accept this Agreement.

Primary concern

“But the Indian Government stood unbudging on the point that whether we accepted or did not accept the Agreement, it was determined to put it into effect. We were not taken by surprise by this stand of the India Government. This Agreement did not concern only the problem of the Tamils. This is primarily concerned with Indo-Sri Lanka relations. It also contains within itself the clauses for binding Sri Lanka within India’s

super-power orbit. It works out a way for preventing disruptionist and hostile foreign forces from gaining footholds in Sri Lanka. That is why the Indian Government showed such an extraordinary keenness in concluding this Agreement. However, at the time, it happens to be an Agreement that determines the political future and fate of the people of Tamil Eelam. That is why we firmly objected to the conclusion of this Agreement without consultations with our people and without the seeking of our views. However, there is no point in our objecting to this. When a great power has decided to determine our political fate in a manner that is essentially beyond our control, what are we to do?

Difficult to Digest

This Agreement directly affects our moment and our political goals and objectives. It affects the form and shape of our struggle. It also puts a stop to our armed struggle. If the mode of our struggle, brought to this stage over a fifteen year period through shedding blood, through making sacrifices, through staking achievements and through offering a great many lives, is to be dissolved or disbanded within a few days, it is naturally something we are unable to digest. This Agreement disarms us suddenly, without giving us time, without getting the consent of our fighter, without working out a guarantee for our people’s safety and protection. Therefore we refused to surrender arms.

India’s assurances

Under such circumstances, India’s Honourable Prime Minister, Mr. Rajiv Gandhi, invited me for a discussion, I opened my mind and spoke to him of our concerns and our problems. I pointed out to the Indian Prime Minister the fact that I did not repose the slightest faith in the Sinhala racist government and did not believe that they were going to fulfil the implementation of this Agreement. I spoke to him about the question of our people’s safety and protection and about guarantees for this. This Indian Prime Minister offered me certain assurances. He offered a guarantee for the safety and protection of our people. I do have faith in the straightforwardness of the Indian Prime Minister and I do have faith in his assurances.

We do believe that India will not allow the racist Sri Lankan state to take once again to the road of genocide against the Tamils. It is only out of this faith that we decided to hand over our weapons to the Indian peace keeping force.

What ardent, immeasurable sacrifices we have made for the safety and protection of our people! There is no need here to elaborate on this theme. You, our beloved people, are fully aware of the character of our passion for our cause and our feelings of sacrifice. The weapons that we took up and deployed for your safety and protection, for your liberation, for your emancipation, we now entrust to the Indian Government.

Transfer of responsibility

In taking from us our weapons the one means of protection for Eelam Tamils the Indian Government takes over from us the big responsibility of protection our people. The handing over of arms only signifies the handing over the transfer of this responsibility.

Were we not to hand over our weapons, we would be put in the calamitous circumstance of clashing with the Indian Army. We do not want this. We love India. We love the people of India. There is no question of our deploying our arms against Indian soldiers. The soldiers of the Indian Army are taking up the responsibility of safeguarding and protecting us against our enemy. I wish very firmly to emphasise here that by virtue of our handing over our weapons to it the Indian Government should assume full responsibility for the life and security of every one of the Eelam Tamils.

We have no way other than to co-operate with this Indian endeavour. Let us offer them this opportunity. However, I do not think that as a result of this agreement, there will be a permanent solution to the problem of the Tamils. The time is not very far off when the monster of Sinhala racism will devour this Agreement. I have unrelenting faith in the proposition that only a separate state of Tamil Eelam can offer a permanent solution of the problem of the people of Tamil Eelam. Let me make it clear to you here, beyond the shadow of a doubt, that I will continue to fight for the objective of attaining Tamil Eelam. The forms of struggle may change, but the objective or goal of our struggle is not going to change. If our cause is to triumph, it is vitally necessary that the wholehearted, the totally unified support of you, our people should always be with us.

The circumstance may arise for the Liberation Tigers of Tamil Eelam (LTTE) to take part in the interim administration or to contest elections, keeping in view the interests of the people of Tamil Eelam. But I wish firmly to declare here that under no circumstances and at no point of time will I contest elections or accept the office of the Chief Minister.

The Liberation Tigers yearn for the motherland of Tamil Eelam.

Thimpu Declaration (1985)

JOINT STATEMENT MADE BY THE TAMIL DELEGATION CONSISTING OF

EPRLF, EROS, PLOT, LTTE, TELO AND TULF ON THE CONCLUDING DAY OF

PHASE I OF THE THIMPU TALKS ON THE 13^th OF JULY 1985

It is our considered view that any meaningful solution to the Tamil national question must be based on the following four cardinal principles.

1. Recognition of the Tamils of Sri Lanka as a nation.

2. Recognition of the existence of an identified homeland for the Tamils in Sri Lanka.

3. Recognition of the right of self determination of the Tamil nation.

4. Recognition of the right to citizenship and the fundamental rights of all Tamils who look upon the island as their country.

Different countries have fashioned different systems of governments to ensure these principles.

We have demanded and struggled for an independent Tamil state as the answer to this problem arising out of the denial of these basic rights of our people.

The proposals put forward by the Sri Lankan government delegation as their solution to this problem is totally unacceptable. Therefore we have rejected them as stated by us in our statement of the 12^th of July 1985.

However, in view of our earnest desire for peace, we are prepared to give consideration to any set of proposals, in keeping with the above mentioned principles, that the Sri Lankan government may place before.

Vaddukoddai Resolution (1976)

The Resolution was adopted at the first National Convention of the Tamil United Liberation Front (TULF) on 14 May 1976. TULF’s participation in the 1977 general elections was anchored in this Resolution. In this Resolution, the TULF declared its intent of forming a sovereign State of Tamil Eelam. S. J. V. Chelavanayakam presided over the Convention. The following is a translation of the Resolution, which was originally adopted in Tamil:

Whereas, throughout the centuries from the dawn of history, the Sinhalese and Tamil nations have divided between themselves the possession of Ceylon, the Sinhalese inhabiting the interior of the country in its Southern and Western parts from the river Walawe to that of Chilaw and the Tamils possessing the Northern and Eastern districts; And,

Whereas, the Tamil kingdom was overthrown in war and conquered by the Portuguese in 1619, and from them by the Dutch and the British in turn, independent of the Sinhalese Kingdoms; And,

Whereas, the British colonists, who ruled the territories of the Sinhalese and Tamil kingdoms separately, joined under compulsion the territories of the Sinhalese and the Tamil Kingdoms for purposes of administrative convenience on the recommendation of the Colebrook Commission in 1833; And,

Whereas, the Tamil leaders were in the forefront of the freedom movement to rid Ceylon of colonial bondage which ultimately led to the grant of independence to Ceylon in 1948; And,

Whereas, the foregoing facts of history were completely overlooked, and power over the entire country was transferred to the Sinhalese nation on the basis of a numerical majority, thereby reducing the Tamil nation to the position of subject people; And,

Whereas, successive Sinhalese governments since independence have always encouraged and fostered the aggressive nationalism of the Sinhalese people and have used their political power to the detriment of the Tamils by:

(a) Depriving one half of the Tamil people of their citizenship and franchise rights thereby reducing Tamil representation in Parliament,

(b) Making serious inroads into the territories of the former Tamil Kingdom by a system of planned and state-aided Sinhalese colonization and large scale regularization of recently encouraged Sinhalese encroachments, calculated to make the Tamils a minority in their own homeland,

(c) Making Sinhala the only official language throughout Ceylon thereby placing the stamp of inferiority on the Tamils and the Tamil language,

(d) Giving the foremost place to Buddhism under the Republican Constitution thereby reducing the Hindus, Christians, and Muslims to second class status in this country,

(e) Denying to the Tamils equality of opportunity in the spheres of employment, education, land alienation and economic life in general and starving Tamil areas of large scale industries and development schemes thereby seriously endangering their very existence in Ceylon,

(f) Systematically cutting them off from the main-stream of Tamil cultures in South India while denying them opportunities of developing their language and culture in Ceylon, thereby working inexorably towards the cultural genocide of the Tamils,

(g) Permitting and unleashing communal violence and intimidation against the Tamil speaking people as happened in Amparai and Colombo in 1956; all over the country in 1958; army reign of terror in the Northern and Eastern Provinces in 1961; police violence at the International Tamil Research Conference in 1974 resulting in the death of nine persons in Jaffna; police and communal violence against Tamil speaking Muslims at Puttalam and various other parts of Ceylon in 1976 all these calculated to instil terror in the minds of the Tamil speaking people, thereby breaking their spirit and the will to resist injustices heaped on them,

(h) By terrorizing, torturing, and imprisoning Tamil youths without trial for long periods on the flimsiest grounds,

(i) Capping it all by imposing on the Tamil nation a Constitution drafted, under conditions of emergency without opportunities for free discussion, by a Constituent Assembly elected on the basis of the Soulbury Constitution distorted by the citizenship laws resulting in weight age in representation to the Sinhalese majority, thereby depriving the Tamils of even the remnants of safeguards they had under the earlier constitution; And,

Whereas, all attempts by the various Tamil political parties to win their rights, by co-operating with the governments, by parliamentary and extra-parliamentary agitations, by entering into pacts and understandings with successive Prime Ministers, in order to achieve the bare minimum of political rights consistent with the self-respect of the Tamil people have proved to be futile; And,

Whereas, the efforts of the All Ceylon Tamil Congress to ensure non-domination of the minorities by the majority by the adoption of a scheme of balanced representation in a Unitary Constitution have failed and even the meagre safeguards provided in article 29 of the Soulbury Constitution against discriminatory legislation have been removed by the Republican Constitution; And,

Whereas, the Tamil United Liberation Front, after rejecting the Republican Constitution adopted on the 22nd of May, 1972, presented a six point demand to the Prime Minister and the Government on 25th June, 1972, and gave three months time within which the Government was called upon to take meaningful steps to amend the Constitution so as to meet the aspirations of the Tamil Nation on the basis of the six points, and informed the Government that if it failed to do so the Tamil United Liberation Front would launch a non-violent direct action against the Government in order to win the freedom and the rights of the Tamil Nation on the basis of the right of self-determination; And,

This Convention further declares:

· That the State of Tamil Eelam shall consist of the people of the Northern and Eastern provinces and shall also ensure full and equal rights of citizenship of the State of Tamil Eelam to all Tamil speaking people living in any part of Ceylon and to Tamils of Eelam origin living in any part of the world who may opt for citizenship of Tamil Eelam.

· That the constitution of Tamil Eelam shall be based on the principle of democratic decentralization so as to ensure the non-domination of any religious or territorial community of Tamil Eelam by any other section.

· That in the state of Tamil Eelam caste shall be abolished and the observance of the pernicious practice of untouchability or inequality of any type based on birth shall be totally eradicated and its observance in any form punished by law.

· That Tamil Eelam shall be a secular state giving equal protection and assistance to all religions to which the people of the state may belong. (Excerpts)

North-East Province Tamil homeland - Kumar Ponambalam Gajendran

Every Tamil wants the North East Province to be recognised as their traditional homeland. We are not prepared to have any truck with the Government that refuses to recognise our demands, United Tamil Alliance nominee Kumar Ponnambalam Gajendran (son of former ACTC leader, the late Kumar Ponnambalam) said.

He was speaking at the first election meeting held at Gurunagar Jaffna said:

"There is a big difference between the politics practised during the time of my grand father late G.G. Ponnambalam and the present era. Politicians of those days concentrated mainly on the needs of their electorate and their constituents but today the politicians have to fulfil the political aspirations of their race. The aspirations of the Tamils have already been made explicit. They assert that political self determination is an inalienable right of every Tamil and the LTTE should be recognised as the sole representative of the Tamils. We are not worried as to who would form the next Government. Whoever who comes to power should concede the foregoing demands of the Tamils.

He was speaking at the first election meeting held at Gurunagar Jaffna on the 100th birthday commemoration of late G.G. Ponnambalam the Tamil Congress Leader.

The meeting started with the garlanding of the statue of late G.G. Ponnambalam by the family members and ardent supporters of G.G. Ponnambalam.

Gajendran further said the reason why the Tamil United Alliance was formed to make the whole world aware that Tamils have united to win their demands and to show that the Tamil political parties have accepted the LTTE as the sole representatives of the Tamils and the Government that comes to power should have peace talks with the LTTE only and not with any other political party.

He said that so far the Tamil parties have not been successful in bringing the ethnic issue to the attention of the foreign countries. It was the LTTE that made the ethnic problem an issue that merited the mediation of the foreign countries. They have been sacrificing their lives to enable the Tamils to live with self respect in the land of their birth. The Tamil race is morally obliged to bow their heads to the LTTE for the great sacrifices made by them.

He pointed out that the Tamils must be aware of the freedom struggle taking place in different parts of the world. It is regrettable that the LTTE has been branded as terrorists.

The Tamils should unitedly let our Sinhalese brethren and the international community know the LTTE is not a terrorist organisation. The victory to the United Tamil Alliance would show that the LTTE has the full backing of the Tamils. Appathurai Vinayagamoorthy and C.V.K. Sivagnanam the Tamil Congress candidates also spoke. (Daily News 17 November 2001)

RESULTS - 5 DECEMBER 2001

PARLIAMENT ELECTION IN THE ISLAND OF SRI LANKA

Party

UNP/UNF Rani Wickramasinghe ( Prime Minister)      112*

PA Chandrika Kumaratunga (President) 78

JVP (Sinhalese Extremist-killed 16

thousands of Singhalese civilians)

TNA Tamil National Alliance** 15 *

SLMC (Sinhala extremist) 02

EPDP (Tamil mercenaries) 02

(Voters denied access to polling stations by EPDP)

PLOTE (ex Tamil militant) 01

* Voted for peace and negotiations with LTTE

** Election manifesto is given above (Page ??)

Tamil National leader Pirapaharan calls for Norwegian engagement

02 January 2002 - Tamil National leader Mr Velupillai Pirapaharan, has written to the Norwegian Prime Minister Mr Kjell Magne Bondevik, calling for Norway s continuous engagement as the facilitator between the LTTE and the new Sri Lanka government to find a peaceful settlement to the ethnic conflict. In a press release, the LTTE stated that Mr. Pirapaharan also complimented the Royal Norwegian Government for its impartial and neutral approach in the facilitatory process. The statement also said a Norwegian delegation headed by Mr Helgeson, the Deputy Foreign Minister, will meet Mr Anton Balasingham, the official spokesman and chief negotiator for the LTTE in London on 4 January.

Below is the text of the press release:

Mr Velupillai Pirapaharan, the leader of the Liberation Tigers of Tamil Eelam (LTTE) in a letter addressed to the Norwegian Prime Minister Mr Kjell Magne Bondevik, called for Norway s continuous engagement as the facilitator between the LTTE and the new Sri Lanka government to find a peaceful settlement to the ethnic conflict.

The Tamil Tiger leader also complimented the Royal Norwegian Government for its impartial and neutral approach in the facilitatory process. The following is the text of the letter addressed to Mr Bondevik on 1 January 2002:

"Dear Prime Minister,

"To begin with, allow me to express my sincere gratitude and appreciation of the indefatigable effort and valuable assistance provided by the Royal Norwegian Government over the past two and a half years to promote a negotiated political settlement to the Tamil national question in Sri Lanka. I also wish to commend the Norwegian government for its impartiality and objective neutrality shown in the delicate practice of facilitation. Such a noble approach is widely appreciated by the Tamils in Tamil Eelam as well as by the Tamils living throughout the world.

"I am writing this letter to you to seek your government s continuous engagement as the facilitator to help to find a stable peace and a permanent settlement to the ethnic conflict."

LTTE DECLARE MONTH-LONG CEASEFIRE: GOODWILL MEASURE TO FACILITATE PEACE

International Secretariat
Vanni - Tamil Eelam

19 December, 2001

The Liberation Tigers of Tamil Eelam (LTTE) in an official statement issued today from its headquarters in Vanni, northern Sri Lanka, announced the declaration of a month long unilateral cessation of hostilities as a goodwill measure during the festive season to facilitate and promote initiatives towards a peace process. The LTTE's observation of cease-fire begins at midnight on Christmas Eve, 24 December 2001.

"Mr. Velupillai Pirapaharan, the leader and military commander of the Liberation Tigers of Tamil Eelam, has issued orders to all units and combat formations of the Tamil liberation army to cease all hostile military actions against the Sri Lankan armed forced from midnight 24 December 2001 till midnight 24 January 2002," the LTTE's statement declared.

"Encouraged by the collective mandate for peace and ethnic harmony given by the Sinhala and Tamil masses at the general election, the LTTE leadership has decided to declare, unilaterally, a month long cessation of armed hostilities during the festive season of Christmas, New Year and 'Thai Pongal' (Hindu Harvest Festival) as a gesture of goodwill to facilitate the promotion of peace initiatives. We fervently hope that the new government of Sri Lanka will reciprocate positively to our goodwill gesture and instruct its armed forces to observe peace during this period. Our decision to cease armed hostilities and observe peace during the festive season should be viewed as a genuine expression of goodwill, demonstrating our sincere desire for peace and negotiated political settlement. We are confident that the new government will utilise this space of peace to implement goodwill measures to create congenial conditions of normalcy in the Tamil homeland by withdrawing the economic embargo and other restrictions and prohibitions imposed on our people," the statement said.

"If the Sri Lanka government reciprocates positively to our goodwill gesture and ceases armed hostilities against our forces and takes immediate steps to remove the economic embargo and other restrictions, the LTTE will favourably consider extending the period of cease-fire to create cordial conditions for a stable peace and de-escalation," the statement further said. (Press release)

LTTE LEADER MAKES SPECIAL PLEA TO THE SINHALESE-

REJECT RACIST FORCES: OFFER JUSTICE TO THE TAMILS

International Secretariat Vanni - Tamil Eelam

27 November, 2001

In a special appeal made to the majority Sinhala people faced with crucial parliamentary election early next month in Sri Lanka, Mr. Velupillai Pirapaharan, the leader of the Liberation Tigers of Tamil Eelam (LTTE), urged them to reject racist forces committed to militarism and war and to offer justice to the Tamil people to bring about peace, ethnic reconciliation and economic prosperity to the island.

Enunciating the organisation’s policy in his annual Heroes’ Day speech today, the Tamil Tiger leader declared that the Tamil people wanted to live in their traditional lands with peace and dignity, determining their own political and economic life. “It is the basic political aspiration of the Tamil people. This is neither separatism nor terrorism. It does not constitute a threat to the Sinhala people,” Mr. Pirapaharan said.

The LTTE leader said that the Sinhalese, Tamils and other communities in the island could co-exist in peace and harmony if a political settlement is reached through peaceful means. But he warned that the Tamils would be left with no alternative other than to secede and form an independent state if the Sinhala nation continued to refuse to resolve the conflict through peaceful means. “If racism continues to predominate as the determining force in Sri Lanka’s politics, it would certainly create the objective conditions for the emergence of an independent Tamil state,” Mr Pirapaharan said.

The Tiger leader declared that the LTTE is sincerely committed to a negotiated political settlement. Yet he insisted that lifting of the ban on his organisation is a necessary pre-requisite for the LTTE to participate in the peace talks as the legitimate, authentic representatives of the Tamil people.

The following are extracts from Mr Pirapaharan’s statement:

“The Tamil national question, which has assumed the character of a civil war, is essentially a political issue. We still hold a firm belief that this issue can be resolved by peaceful means. If there is genuine will and determination on the part of the Sinhalese leadership there is a possibility for peace and settlement. Though fifty-three years have passed since the independence of this island, the Sinhalese political leadership is still buried in the swamp of racist ideology. That is why they have not developed the wisdom and understanding to deal with the Tamil question objectively and realistically. The belief that the Tamil ethnic conflict could be resolved by repressive military means still predominates the Sinhala political system. It is precisely for this reason that none of the major Sinhala political parties have any concrete projects or frameworks for the permanent resolution of the conflict. The international community is fully aware of this fact. These world governments, while insisting that the ethnic conflict should be resolved by peaceful means, have always supported Sri Lanka’s political and military efforts to weaken the political struggle of the Tamils. This strange, ambiguous attitude of the world governments has also contributed to the prolongation of the conflict.

We are constantly knocking on the doors of peace but the Kumaratunga government has refused to open the doors. Following the meeting with the Norwegian peace envoys in Vanni in November last year, we declared a unilateral cease-fire for four months to help to facilitate the peace process. The Sri Lanka government responded by ridiculing and rejecting our peace initiative and launched provocative military assaults on our positions. Finally, the government undertook a major offensive operation within hours of the termination of our cease-fire. Our fierce counter-attack repulsed the army’s operation and made the government realise the fact that the LTTE is strong and invincible.

Though we are strong with considerable manpower and firepower we abstained from launching any major land based offensive operations this year to facilitate the peace process. We co-operated with Norway’s peace efforts. It was under these circumstances that Kumaratunga’s government downgraded and marginalised the accredited Norwegian peace envoy, Mr Erik Solheim, accusing him of being biased towards the LTTE. We registered a strong protest against this action. Following this incident the Norwegian peace effort reached a stalemate. Chandrika Kumaratunga is responsible for this issue.

Having assumed itself as the most crucial and cardinal issue in Sri Lankan politics, the Tamil national conflict has effectively polarised the political forces towards two contradictory positions: between war and peace. The elections have become a competitive arena between the forces that seek peace and the extremist forces that are opposed to peace. The general public is given the responsibility of choosing as to whether there will be peace in the future or if the war will continue. The Sinhala people should realise that there can be no peace, ethnic harmony and economic prosperity in the island as long as the Tamil people are denied justice and their political aspirations are not fulfilled.

We are not enemies of the Sinhala people, nor is our struggle against them. It is because of the oppressive policy of the racist Sinhala politicians that contradictions arose between the Sinhala and Tamil nations, resulting in a war. We are fighting this war against a state and its armed forces determined to subjugate our people through the force of arms. We are well aware that this war has not only affected the Tamils but also affects the Sinhala people deeply. Thousands of innocent Sinhala youth have perished as a consequence of the repressive policies of the war mongering ruling elites. We are also aware that it is the Sinhala masses who are bearing the economic burden of the war. Therefore, we call upon the Sinhala people to identify and renounce the racist forces committed to militarism and war and to offer justice to the Tamils in order to put an end to this bloody war and to bring about permanent peace.

The Tamil people want to maintain their national identity and to live in their own lands, in their historically given homeland with peace and dignity. They want to determine their own political and economic life; they want to be on their own. These are the basic political aspirations of the Tamil people. It is neither separatism nor terrorism. These demands do not constitute a threat to the Sinhala people. They do not in any way affect or undermine the political liberties or the social, economic and cultural life of the Sinhala people. The Tamil people favour a political solution that would enable them to live in their own lands with the right to rule themselves. This is what the Tamils mean when they emphasise that a political solution should be based on the right to self-determination.

Our organisation is prepared to negotiate with the Sri Lanka government on a political framework that would satisfy the basic political aspirations of the Tamil people. But for us to participate in political negotiations freely as equal partners, as the authentic political force with the status of legitimate representatives of our people, the ban imposed on our movement should be lifted. This is the collective aspiration of the Tamil people.

The use of violence in all modes of struggles to attain specific political goals is defined as terrorism by international governments. This narrow definition has erased the distinctions between genuine struggles for political independence and terrorist violence. This conception of terrorism has posed a challenge to the moral foundation of armed struggles waged by liberation movements for basic political rights and for the right to self-determination. This development is regrettable. As a consequence our liberation organisation is also being discredited in the international arena.

In our view, there are two dimensions in political violence. Firstly, there is the violence of the oppressor. Secondly, there is the violence of the oppressed. In most cases the oppressor belongs to the ruling elites, yields state authority and command the armed forces. The oppressed are always the ruled, the minority nationalities, the exploited and the poor. The violence of the first category can be designated as state violence. The second category can be termed as the violence against state violence. Since state violence is a form of repressive violence of the oppressor, it is unjust. The reactive violence of the oppressed is just since it is undertaken with the motive of obtaining justice. It is within the context of this distinction that the violent modes of political struggles of the oppressed find legitimacy.

Violent forms of struggles by people seeking political rights emerge only as reactive violence against state terror. This truth can be discerned if one can objectively analyse the historical origins of the world liberation organisations. The Tamil Eelam liberation struggle has similar historical origins. The state oppression against the Tamil people originated two decades before the birth of the Tamil Tigers. Fuelled by racist passion, the state repression gradually intensified over time and assumed genocidal proportions.

All forms of peaceful non-violent agitations undertaken by the Tamil people against Sinhala state oppression were brutally repressed by state terror. Since the non-violent political struggle became futile and meaningless and at the same time the state oppression intensified in the form of genocide the Tamil people were left with no alternative other than to confront the state violence with violence. In other words, the Tamil people were compelled to take arms to defend themselves against genocicdal destruction. It was under these objective historical conditions the Liberation Tigers took birth and advanced the armed struggle against state terror. With the history of a sustained campaign extending to a period of twenty years our armed resistance has evolved and developed as the political mode of struggle of the Tamil people.

All the member countries of the United Nations have joined the alliance in the war against terrorism spearheaded by the Western powers. Some of the repressive states with a notorious history of racist oppression and gross human rights violations have joined this global alliance against terror. In this context we wish to confine our remarks only to the Sri Lanka state. This government, holding one of the highest records of human rights violations amounting to genocide, has now joined the international alliance against terrorism. This is a dangerous trend in the emerging new world order. This new trend is also posing a threat to the legitimate political struggles of the oppressed humanity subjected to state terror. We fully understand the anger, apprehensions, and compulsions of the Western powers engaged in a war against international

terrorism. We welcome the counter-terrorist campaign of the international community to identify and punish the real terrorists. In this context it is crucial that the Western democratic nations should provide a clear and comprehensive definition of the concept of terrorism that would distinguish between freedom struggles based on the right to self-determination and blind terrorist acts based on fanaticism. The international community cannot ignore the phenomenon of state terror practiced internally by some repressive regimes. The world should seek to identify such terrorist states and penalise them.

We hold the position that unless the Sri Lanka government lifts the ban on our organisation and accepts us as the authentic, legitimate representatives of the Tamil people we will not participate in the peace negotiations. We are firmly committed to this position. We have also clearly stated our position to the Norwegian government. There is a possibility of peace in the island of Sri Lankan only when the LTTE is de-proscribed. Under these circumstances, proscribing the LTTE by Western governments giving into diplomatic pressures from Sri Lanka will not pave the way for the peaceful negotiated settlement of the conflict. Rather, it will further reinforce the collective demand of our people to lift the ban on the LTTE for the resumption of peace talks”.

Comparison of Tamil homeland (Tamil Eelam) with some countries

which are member states of United Nation

Tamil Centre for Human Rights TCHR Email : tchrgs@hotmail.com / tchrdip@hotmail.com

Area

Country Population (Square Miles)

Antigua & Barbuds 81,500 171

Bahmas 235,000 5,353

Bahrain 416,275 265

Barbados 253,055 166

Belize 171,000 22,963

Bhutan 1,30M 18,000

Botswana 1,13M 222,000

Brunei Darussalam 221,900 2,226

Cape Verde 350,000 1,557

Comoros 422,500 1,557

Cyprus 673,100 3,572

Djibouti 470,000 8,960

Dominica 94,191 290

Ecuador 384,000 10,831

Fiji 714,000 7,078

Gabon 1.22M 104,557

Gambia 698,817 4,180

Grenada 88,000 133

Guinea-Bissau 935,000 13,948

Guyana 812,000 83,000

Iceland 244,009 39,758

Kuwait 1,77M 6,880

Lesotho 1,63M 11,720

Liechtenstein 32,528 62

Luxembourg 369,500 998

Maldives 189,000 115

Malta 343,334 95

Mauritania 2,01M 398,000

Mauritius 1,04M 797

Monaco 29,972 0.7

Mongolia 1,97M 605,022

Oman 1,20M 105,000

Qatar 371,863 4,468

Saint Kitts and Nevis 47,000 104

Saint Lucia 143,600 238

Saint Vincent and the Grenadines 138,000 150

San Marino 27,336 23.5

Sao Tome and Principe 113,000 387

Samoa 163,000 1,093

Seychelles 67,000 175

Singapore 4,300,419 239

Solomon Islands 270,000 10,640

Suriname 370,000 63,992

Swaziland 676,049 6,705

Trinidad and Tobago 1,22M 1,978

United Arab Emirates 1,77M 32,300

Vanuatu 141,400 5,700

TAMIL EELAM (Island of Sri Lanka) 3,113,000** 7,290

* According to the United Nations statistics, there are 60 million Tamils in India (Tamil Nadu) and the Island of Sri Lanka (Tamil Eelam) alone, and Tamils rank the 17^th largest linguistic group in the world.

** Census of 1991

ECONOMIC SOCIAL AND CULTURAL RIGHTS

SCHOOLS IN NORTHEAST

1,989 Schools in the North East

1,817 Schools are functioning at present 172 Schools are temporarily closed

622 Schools are very difficult schools 291 Schools are difficult schools

Schools functioning in the 8 districts are as follows : (1817)

Jaffna 402 Mannar 94 Kilinochchi 90 Mullaithivu 95

Vavuniya 181 Trincomalee 248 Batticaloa 307 Ampara 400

The student population exceeds 650,000

The schools closed temporarily are : (172)

Jaffna 85 Mannar 21 Kilinochchi 4 Mullaithivu 10

Vavuniya 12 Trincomalee 23 Batticaloa 13 Ampara 4

Very difficult schools are as follows: (622)

Vadamarachchi 20 Islands