We are hopeful of a political solution

- GTF
With the commencement of the UNHRC session featuring
Sri Lankas case among others, Suren Sirendiran, the
spokesperson for Global Tamil Forum, a leading Tamil
Diaspora Organisation, articulates the implementation of
its resolution, action regarding alleged war crimes and the
way forward. The interview conducted by email:
Ahead of the UNHRC session, how do you analyze the
progress made by the government in addressing your
aspirations?

2017-02-28
Progress is dead slow and minimal.
It is now obvious that Sri Lanka wouldnt have made any
significant progress by March 2017 in implementing the UNHRC
resolution that it co-sponsored. Therefore, it is inevitable that Sri
Lanka will request an extension to the timeline. It will only be
conceivable that the member states will agree to extend, through
a new rollover resolution.
Status of implementation of the Resolution A/HRC/30/L.29 by the
Government of Sri Lanka will still be work in progress. Therefore,
until full implementation of the resolution, somehow Sri Lanka
must remain in focus for the Human Rights Council. If that formal
focus and monitoring can only be delivered via another resolution,
then that is what should happen.
As the co-sponsor of the resolution and the responsible
government to implement the resolution on behalf of its people,
one would hope that Government of Sri Lanka would bring a
resolution to extend the timeline without renegotiating the
content of the resolution. I am sure that will be supported by
majority of the member states.
It is pertinent to be reminded of the Foreign Ministers speech in
September 2015 at the

UNHRC, where he said and I

quote Dont judge us by the broken promises, experiences and
U-turns of the past. My plea to you Ladies and Gentlemen, is
trust us and join us to work together and create the momentum
required to move forward and take progressive, meaningful and
transformative steps to create a new Sri Lanka.
One of the reasons Government of Sri Lanka may suggest for the
lack of progress is the political reality in the country. Blaming and
making the Rajapaksa Demon as one of the reasons for the lack of
progress is by and large a false pretence. The so called joint
opposition has just over 50 in a 225 Members Parliament. In
reality, the joint opposition hasnt demonstrated in any significant
manner as a threat in any form to the current regime, so far.
We were encouraged when Government of Sri Lanka co-sponsored
the UNHRC resolution in Oct 2015, which recognised terrible
crimes committed by both parties during the armed conflict was
a turning point for human rights in Sri Lanka. We welcomed the
less triumphalist approach adopted during the end of war
anniversary on May 18th. We also welcomed the much improved
cooperation with UN agencies on human rights mechanisms, and
the initiatives taken towards setting up the Office of the Missing
Persons though legislation was passed in the parliament in
August 2016, only a few weeks ago it was finally gazetted, nearly
five months after. The action of gazetting allows implementation.

Global Tamil Forum (GTF) also formally welcomed the

recommendations of the Consultation Task Force on Reconciliation
Mechanisms (CTF) released on January 3, 2017.
However, there has been very little visible progress being made
on the accountability mechanism. GTF is also disappointed at the
governments insufficient efforts in embracing the critically
important transitional justice mechanisms, which in our view,
should be embedded in the constitutional reform process to
permanently end the culture of impunity and to promote genuine
reconciliation. A wide range of institutional reforms including the
much needed security sector reform, strengthening of the
witness protection legislation which at present falls far short of
what is required, and genuine consultations with victims and their
families in every step of the process to get to truth and justice are
vitally important measures ought to be undertaken by the
government without further delay. Several of the crimes alleged
to have been committed by both sides amount to war crimes and
crimes against humanity. These are not recognised as crimes in
the current judicial system. Legislations have to be passed by the
Parliament to recognise these as crimes. These havent even
begun.
Very little or no discourse has begun on reparation.
How hopeful are you that the constitution making process
would be a success?
The success of implementing a new constitution is the only hope
for a successful and peaceful Sri Lanka for our next generations.
The current political environment with a unity government with
leaders of moderate views in power and a very reasonable Tamil
opposition in parliament with people overwhelmingly rejecting
extremism from both communities in the last two major elections
is probably the best time in the history of Sri Lanka to achieve
success in implementing a new constitution. Therefore, we are
very hopeful.

There is a lot of objection here to the proposed judicial

mechanism with the participation of foreign judges to hear
accountability issues? What is your stand?
President Maithripala Sirisena publicly states that there wont be
any international judges in the judicial mechanism to address
accountability for the alleged crimes. Recently in a speech in
Maharagama, the President said that in his speech at the UN
General Assembly he has stated this very clearly and the
international community has now accepted that there wont be
any international Judges.
Even the Prime Minister said in an interview to an Indian media
outlet that there wont be any international Judges. We have
serious concerns over this. The lack of political will and courage
demonstrated by the Sinhala leaders including the President and
the PM to engage in discourse among the Sinhala people for the
need to establish the truth of what happened and the importance
of accountability for the wrongs that were done against another
community of their own citizens, is a serious impediment we
believe, to deliver justice to the victims.
The mixed messages relayed to key stakeholders including the
victims, military, other citizens of Sri Lanka and international
community by senior state officials including the President, PM
and Foreign Minister reflect that there is no cohesive and
coordinated government policy as yet on this important
international commitment.
UNHRC resolution should not be altered
GTF helped in regime change of Sri Lanka
International pressure is a sin-quo-non to get justice
for victims
Concerned over rejection of foreign judges by
President, PM
GTF disappointed the way MS Govt. handled N/E
issues

Until there are concerted efforts taken to make understand and

accept by Sinhala civil society, Sinhala media and Buddhist clergy
that there were gross violations of local and international human
rights and humanitarian laws by the military but not by the entire
military, during and after the end of war, there can only be
marginal perceived successes, in the government implementation
of the transitional justice program.
As I said above, by co-sponsoring the resolution the President and
his government have committed to all its conditions as
stipulated.
Just to remind once again, the resolution 30/1 states and I quote
again affirms that a credible justice process should include
independent judicial and prosecutorial institutions led by
individuals known for their integrity and impartiality; and also
affirms in this regard the importance of participation in a Sri
Lankan judicial mechanism, including the special counsels office,
of Commonwealth and other foreign Judges, defence lawyers and
authorized prosecutors and investigators
A credible and impartial judicial process is so fundamental to
come to terms with our violent past that is littered with not only
the crimes committed against the members of each community,
but also on their behalf.
Recommendations of the Consultation Task Force on
Reconciliation Mechanisms (CTF) released on January 3, 2017 also
very clearly states that foreign participation is required as those
who suffered during the conflict had no faith in local judiciary
which lacked expertise to undertake such task very much
resonates with the victims of the Tamil community.
This is a long-standing view that is further reinforced with the
recent verdict on the murder case of former Tamil Parliamentarian
Nadarajah Raviraj.
GTF shared its deep dismay by the statements of two responsible
ministers in the unity government denouncing the
recommendations of the Consultation Task Force on Reconciliation
Mechanisms (CTF) calling for foreign participation in the judicial
mechanisms.

There are talks about the resurgence of LTTE terrorism.

One TNA MP has also received death threats. How is it
possible for the LTTE to raise its head again?
When asking this question one must remember the history of
what really happened to the Tamil people of Sri Lanka since
independence and how and why an armed struggle began!

Listed below are a recapture of a few of the circumstances

that prevailed prior to an armed struggle that was
initiated by the Tamil youth:
Almost a million Tamils of Indian origin were
disenfranchised within an year of independence
Sinhala only as the official language was introduced
Several (e.g. 1956, 58, 77, 83 to list a few) State-
sponsored pogroms which killed thousands of Tamils
and burnt down their assets
 State-sponsored colonisation of Tamil land with
Sinhala people with an intention to force change the
demography of land which historically is the habitat
of Tamils
Several of the protections of minority communities
rights that were enshrined in the Soulbury
Constitution were abrogated
The oldest public library in Asia was burnt down by
the army with government sponsorship
Several legislations were passed in the parliament
discriminating minorities, particularly targeting
Tamils who were performing better than the majority
community in education, civil service, industry etc.
Many of the attempted protests and objections
through democratic means since independence until
an armed struggle began were summarily suppressed
by violent force by successive governments
Several of the peace pacts that were reached
between leaders of communities to resolve these
political grievances of Tamil people were unilaterally
abrogated by successive Sinhala leaders, parties and
governments

To add to some of these same grievances, at present:

There still remains a constitution that safeguards a
majoritarian rule with an executive presidency with
most political and legislative powers being
centralised and which elevates one religion over the
rest
An overwhelming presence of military in the majority
Tamil areas
Prevention of Terrorism Act (PTA) still in force
 No judicial mechanism or most demands to serve
justice through the UNHRC resolution 30/1 still
unaccomplished
Confiscated private and government land still being
occupied by military and people being displaced from
their own places of habitat
Some of the political prisoners who were arrested
under the PTA still remain in custody without being
charged or due process followed
Torture and sexual violence, particularly against
women still practiced with impunity
State-sponsored colonisation still being implemented
in the north and east of Sri Lanka
A politicised judiciary that has lost all confidence of
victims (e.g. case of former parliamentarian Raviraj,
release of suspects in the case of disappearance of
journalist Prageeth Ekneligoda and several others)
With points above, I will let the readers decide the
answer to your question.

The new US administration has a different world view. In

that context, how can Tamil Diaspora count more on that
country in pursuing action through the UNHRC?
Sri Lanka has time and time again shown it is both unwilling and
unable to investigate allegations of war crimes against its own
forces or hold perpetrators of grave abuses to account. It appears
the government is now trying to back away from this
commitment. Given the history of failures of Government
Commissions and judicial processes, international participation as
specified in the resolution is a must to guarantee the credibility
and effectiveness of any Special Court.
At such a critical time when the Sri Lankan governments political
will and its ability to fully implement the key recommendations of
the UNHRC resolution are being questioned, the International
Community needs to be resolutely engaged, so that Sri Lanka
stays on course towards genuine reform, and implements the
resolution it co-sponsored without any exceptions.
In my mind, if there is no international pressure, there wont be
any justice served in Sri Lanka for the victims. I think, that is very
well understood by most of the member states including the US,
UK of the UNHRC, too.

Tamils voted overwhelmingly for President Maithripala

Sirisena at the election. How do you see his performance?
If I have to describe it in a word, unfortunately I will have to say,
disappointing. Most Sri Lankans feel generally let down by this
government as several of their manifesto commitments havent
been implemented.
This government came to power claiming to clean up corruption
and mismanagement that prevailed during the previous regime
and bring to justice those who abused their authority in various
ways. Unfortunately, neither have they been able to prosecute
anyone successfully nor have they been able to run a government
without various major corruption charges being levelled against
them.
Tamils of North and East voted overwhelmingly for the President
and made the biggest difference in bringing him to power hoping
that the new government will implement Constitutional reforms to
resolve the decades old national question, will deliver justice to
people for the wrongs that were done to them in breach of
international laws, will publicly pronounce of zero tolerance of
sexual violence and torture, particularly by the police and military
and proactively investigate and prosecute any such allegations
without denying, which had been the Rajapaksa attitude. Tamils
believed that most of the occupied lands will be released to lawful
owners within months, resettlement of internally displaced people
would be prioritised, military presence in the North and East will
be reduced to the same levels as the rest of the country, political
prisoners will be released or will be charged in a court of law
forthwith, the draconian Prevention of Terrorism Act (PTA) will be
repealed, government will give the war affected provinces a
special priority status and create and facilitate investment
opportunities to regenerate the areas to be economically at least
at par with the rest of Sri Lanka.
The record over the past several months is reflected in the
disappointment and despair that these communities feel at
present.
However, the overall trajectory remains in the right direction but,
just! This government has created democratic space for freedom
of expression without fear of reprisals, reversing the 18th
Amendment to the Constitution which by and large politicised all
independent democratic institutions, initiating a process to
introduce a new constitution for the country, agreeing to co-
sponsor a resolution at the UNHRC and proactively engaging with
the UN and other international institutions, releasing some of the
land that were illegally occupied by the military and other state
institutions, releasing some of the political prisoners, introducing
civilian governors to the Northern and Eastern Provinces.

We hear different voices among the Tamil diaspora groups.

How do you respond to it?
Let me speak on behalf of GTF; at GTF, we like to think that we
also helped in a small way to bring this change of regime in Sri
Lanka. GTF believes that through proactive and constructive
engagement further changes can be influenced. We have met the
Foreign Minister and other state officials several times and met
with the President, twice. GTF will encourage the government
when progressive steps are being taken but will not shy away to
publicly critique the government when repressive or regressive
steps are taken or even suggested.
Among all Diaspora organisations GTF has gained recognition
within Sri Lanka and internationally in a relatively short time since
the end of war. It didnt come easily. Sheer hard and committed
work by many brought it to this status. As an organisation we also
followed certain basic code of conduct to discipline ourselves. For
example we committed ourselves not to comment or contradict in
public of statements, actions or activities of another fellow Tamil
organisation be it from Sri Lanka or in the Diaspora. As an
organisation from our formal inauguration at the UK Parliament in
February 2010 we also committed that we will not issue
statements for the sake of it or to play it to the gallery. As a
responsible organisation largely working in international
diplomacy and lobbying, we pride ourselves for maintaining
discretion which is fundamental. Some of these behaviours and
actions earned respect amongst various media and rights
organisations as well as within governments of adopted countries.
GTF has always acted honourably and reasonably when
articulating grievances of our people in Sri Lanka at international
forums. This earned respect from organisations and like-minded
people of all ethnicities and religions of Sri Lanka. We have a clear
and transparent strategy in how we want to deal with issues and
grievances of our people in the island, which we generally refer to
as the Four Pillar Programme. They are:

1. Agreeing between Tamil representatives based in Sri

Lanka and in the Diaspora a Common Framework
Agreement (CFA).

2. Engaging the civil society, political and non-political

representatives of the South without discriminating on
language, religion, social status or party affiliation to
communicate and engage to explain our grievances and
understand from them their own grievances and why
resolving the political issues including the Tamil National
Question is seen or felt as a threat to them. Explain the
possible mutual benefits that will be gained by all
communities as peace dividends if a durable political
solution could be negotiated to the Tamil National
Question.
These types of cross community engagements at different
levels of the society can also be a way to bridge the trust
deficiency that exists between communities in Sri Lanka.

3. Actively lobby and create awareness within the

international community, international institutions and
governments regarding the injustices and alleged
breaches of international laws, including international
human rights and humanitarian laws that amounted to
war crimes and crimes against humanity. Lobby for
international independent investigation of both sides to
establish the truth and obtain justice to enable the people
who lost their loved ones to be able to move on, which
may allow sustainable reconciliation between
communities in the future.

4. To work to resolve the socio economic needs of the

people of Sri Lanka, particularly in the war affected areas
with international help.

We intend to do all of the above with the help of the people in Sri
Lanka, in the diaspora and the international community including
India.
Obviously everyone can see that none of these are against the
State of Sri Lanka or its sovereignty or any group or particular
community of Sri Lanka or promotes violence or terrorism. This
enabled GTF to work with like-minded people of all communities,
groups, organisations, media and political and non-political
parties within Sri Lanka. GTF prides itself as one of the most
effective and efficient groups which partners with the elected
representatives of the Tamil people in Sri Lanka.
Posted by Thavam