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Democracy may mean acceding to the rule of the majority,


but democracy also means governments by discussion and


persuasion. It is the belief that the minority of today may


become the majority of tomorrow that ensures the stability


Buy cheap srilanka term paper

cheap term papers



of a functioning democracy. The practice of democracy in


Sri Lanka within the confines of a unitary state served to


perpetuate the oppressive rule of a permanent Sinhala


majority.


It was a permanent Sinhala majority, which through a series of


legislative and administrative acts, ranging from


disenfranchisement, and standardisation of University admissions,


to discriminatory language and employment policies, and state


sponsored colonisation of the homelands of the Tamil people,


sough to establish its hegemony over people of Tamil Eelam.


These legislative and administrative acts were reinforced from


time to time with physical attacks on the Tamil people with intent


to terrorise and intimidate them into submission. It was a course


of conduct which led eventually to rise of Tamil militancy in the


mid 170s with, initially, sporadic acts of violence. The militancy


was met with wide ranging retaliatory attacks on increasingly


large sections of the Tamil people with intent, once again to


subjugate them. In the late 170s large numbers of Tamil youths


were detained without trial and tortured under emergency


regulations and later under the Prevention of Terrorism Act


which has been described by the International Commission of


Jurists as a blot on the statute book of any civilised country. In


180s and thereafter, there were random killings of Tamils by


the state security forces and Tamil hostages were taken by the


state when suspects were not found.


The preamble to the Universal Declaration of Human Rights


reads


Whereas it is essential if man is not compelled as a


last resort to rebellion against tyranny and


oppression, that human rights should be protected


by the rule of law.


The rise of the armed struggle of the Tamil people constituted the


Tamil rebellion against a continuing Sinhala oppression over a


period of several decades. The gross consistent and continuing


violations of the human rights of the Tamil people have been well


documented by innumerable reports of human rights


organisations as well as of independent observers of the Sri


Lankan scene.


Walter Schwarz commented in the Minority Rights Group


Report on Tamils of Sri Lanka, 18


...The makings of an embattled freedom movement


now seem assembled martyrs, prisoners and a


pitiful mass of refugees. Talk of Biafra which had


sounded misplaced in 175, seemed less unreal a


few years later... As this report goes to press in


September 18, the general outlook for human


rights in Sri Lanka is not promising. The present


conflict has transcended the special consideration


of minority rights and has reached the point where


the basic human rights of the Tamil community - the


rights to life and property, freedom of speech and


self expression and freedom from arbitrary arrest


have in fact and in law been subject to gross and


continued violations. The two communities are


mow polarised and continued repression coupled


with economic stagnation can only produce


stronger demands from the embattled minority,


which unless there is a change in direction by the


central government, will result in a stronger


Sinhalese backlash and the possibility of outright


civil war.


David Selbourne remarked in July 184


The crimes committed by the Sri Lankan state


against the Tamil minority - against its physical


security, citizenship rights, and political


representation -are of growing gravity.. Report


after report by impartial bodies - By Amnesty


International, By the International Commission of


jurists, By parliamentary delegates from the West


by journalists and scholars - have set out clearly the


scale of growing degeneration of the political and


physical well being of the Tamil minority in Sri


Lanka... Their cause represents the very essence of


the cause of human rights and justice; and to deny


it, debases and reduces us all.


A Working Group chaired by Goran Backstrand, of the Swedish


Red Cross at the Second Consultation on Ethnic Violence,


Development and Human Rights, Netherlands, in February 185


concluded


There was a general consensus that within Sri


Lanka today, the Tamils do not have the protection


of the rule of law, that the Sri Lankan government


presents itself as a democracy in crisis, and that


neither the government, nor its friends abroad,


appreciate the serious inroads on democracy which


have been made by the legislative, administrative,


and military measures which are being taken. The


extreme measures which are currently being


adopted by the government inevitably provoke


extreme reactions from the other side... The normal


life of the (Tamil) population of the North has been


seriously affected. People either have great


difficulty or find it completely impossible to continue


with their employment and there is a severe


shortage of food and basic necessities Many Tamils


are daily fleeing across the Palk Straits to Southern


India. The continuing colonisation of Tamil areas


with Sinhalese settlers is exacerbating the


situation... and the country is on the brink of civil


war.


Senator A.L.Missen, Chairman, Australian Parliamentary Group


of Amnesty International, expressed his growing concern in


March 186


Some 6000 Tamils have been killed altogether in


the last few years... These events are not


accidental. It can be seen that they are the result of


a deliberate policy on the part of the Sri Lankan


government... Democracy in Sri Lanka does not


exist in any real sense. The democracy of Sri Lanka


has been described in the following terms, terms


which are a fair and accurate description The


reluctance to hold general elections, the muzzling of


the opposition press, the continued reliance on


extraordinary powers unknown to a free


democracy, arbitrary detention without access to


lawyers or relations, torture of detainees on a


systematic basis , the intimidation of the judiciary by


the executive, the disenfranchisement of the


opposition, an executive President who holds


undated letters of resignation from members of the


legislature, an elected President who publicly


declares his lack of care for the lives or opinion of a


section of his electorate, and the continued


subjugation of the Tamil people by a permanent


Sinhala majority, within the confines of an unitary


constitutional frame, constitute the reality of


democracy, Sri Lankan style.


The reports speak for themselves and that which emerges is a


chilling pattern of a forty year genocide attack on the Tamil


people intended to subjugate them within an unitary Sinhala


Buddhist state.


Karen Parker of the Non Governmental Human Rights


Organisation, International Educational Development put it


succinctly at the 4nd Sessions of UN Sub Commission on the


Protection of Minorities.


The Universal Declaration of Human Rights states


that all persons, including members of minority


groups, have the right to the full realisation of their


human rights and to an international order in which


their rights can be realised.


The Sri Lanka situation has shown that for the past


forty years, the Sinhala controlled government has


been unwilling and unable to promote and protect


the human rights of the Tamil population, and the


Tamil population has accordingly lost all confidence


in any present or future willingness or ability of the


Sinhala majority to do so. Are people in this


situation required to settle for less than their full


rights. Can the international community impose on a


people a forced marriage they no longer want and


in which they can clearly demonstrate they have


been Abused?... We consider that in the case of Sri


Lanka, 40 years is clearly enough for any group to


wait for their human rights.


The inhabitants of the Northeast of the island of Sri Lanka


constitute a people and are thereby entitled to the right of self


determination. Since it has been recognised that the exercise of


this right is not designed to dominate others but rather to escape


domination by others, the international community, through the


General Assembly Resolutions on Friendly Relations Among


States (Resolution 65) and on Definition of Aggression (act 7)


and 177 Additional Protocol I to the Geneva convention of


14 (Act 1 C4), declared that as a last resort armed struggle


can be used as a method of exercising the right of self


determination. The Sri Lankan governments use of force in


denying the Tamils right to self determination is in violation of


Articles 1 (), 1 (), (4) and 56 of the United Nations Charter.


The Tamil people have been subjected to brutal and crude


personal psychological and institutional violence by the Sri Lanka


government and its agencies. The Sri Lanka Government has


built up a massive 70,000 member armed force constituted


exclusively of Sinhalese and allocated immense funds for its


support. The Tamils have resorted to arms to defend themselves


and the war being waged by the Liberation Tigers is a defensive


war. Unlike the measures adopted by the Sri Lankan


government, this struggle is not aimed at domination; instead it


serves to protect the sovereign identity of the Tamil people.


The armed struggle of the Tamil people is both just and lawful


because the rule of law for the Tamil people had ceased to exist;


because the Government of Sri Lanka had become a racist


government; and because the oppressed people of that racist


government were compelled to resort to arms to defend


themselves against that oppression.


Based on reason and international law and coupled with the


absence of any internal or external machinery to realise the Tamil


right to self determination, the Tamils resistance evolved from


peaceful agitation to armed struggle. As Professor Reisman of


the Yale Law School states, insistence on non violence and


deference to all established in a ... system with many injustices


can be tantamount to confirmation and reinforcement of these


injustices. In some circumstances violence may be the last


appeal.. of a group.. for some measure of human dignity.


The international communitys recognition of a Peoples right to


defend themselves and to use force to secure their legitimate


political objectives is reinforced by the contemporary political


discourse. The formation of armed forces by the Ukraine,


Moldavia; Georgia and Armenia and the European Communitys


Peace plan for Yugoslavias current crisis are all proof of the


above mentioned proposition.


The legitimacy of the armed conflict of the people of Tamil Eelam


was afforded open international recognition when the combatants


in the armed conflict, participated in talks with a specially


appointed Minister of the government of Sri Lanka at meetings


convened by the Indian Government at Thimphu in 185. It was


a legitimacy which was reinforced in February 187, by the


United Nations Commission on Human Right when it adopted a


resolution on Sri Lanka in which the armed conflict was


discussed in terms of humanitarian law. Again, it was a legitimacy


which the Indo Sri Lankan Agreement signed by the Prime


Minister of India and the President of Sri Lanka in July 187,


recognised when it described the Tamil militant movement as


combatants in an armed conflict. Finally, in 18/0, the


Liberation Tigers of Tamil Eelam engaged in direct talks with the


government of Sri Lanka and were accorded recognition as


combatants.


The statement made on behalf of the joint Front of Tamil


Liberation Organisations at the Thimphu Talks in 185 serves to


underline the just and lawful nature of the struggle of the Tamil


people


We are a liberation movement which was


compelled to resort to the force of arms because all


force of reason had failed to convince the


successive Sri Lankan government in the past.


Further under conditions of national oppression and


the intensification of state terrorism and genocide


against our people, the demand for a separate state


become the only logical expression of the


oppressed Tamil people. Our armed struggle is the


manifestation of that logical expression.


The future of that lawful armed struggle clearly falls to be


determined in the context of the security of the Tamil people and


their right to self determination and these are matters for


resolution across a negotiating table, not in vacuum.











PAID ADVERTISEMENT


Not Free Essays


EssayFind Search








Type in your essay topic or author and click Search!
































Democracy may mean acceding to the rule of the majority,


but democracy also means governments by discussion and


persuasion. It is the belief that the minority of today may


become the majority of tomorrow that ensures the stability


of a functioning democracy. The practice of democracy in


Sri Lanka within the confines of a unitary state served to


perpetuate the oppressive rule of a permanent Sinhala


majority.


It was a permanent Sinhala majority, which through a series of


legislative and administrative acts, ranging from


disenfranchisement, and standardisation of University admissions,


to discriminatory language and employment policies, and state


sponsored colonisation of the homelands of the Tamil people,


sough to establish its hegemony over people of Tamil Eelam.


These legislative and administrative acts were reinforced from


time to time with physical attacks on the Tamil people with intent


to terrorise and intimidate them into submission. It was a course


of conduct which led eventually to rise of Tamil militancy in the


mid 170s with, initially, sporadic acts of violence. The militancy


was met with wide ranging retaliatory attacks on increasingly


large sections of the Tamil people with intent, once again to


subjugate them. In the late 170s large numbers of Tamil youths


were detained without trial and tortured under emergency


regulations and later under the Prevention of Terrorism Act


which has been described by the International Commission of


Jurists as a blot on the statute book of any civilised country. In


180s and thereafter, there were random killings of Tamils by


the state security forces and Tamil hostages were taken by the


state when suspects were not found.


The preamble to the Universal Declaration of Human Rights


reads


Whereas it is essential if man is not compelled as a


last resort to rebellion against tyranny and


oppression, that human rights should be protected


by the rule of law.


The rise of the armed struggle of the Tamil people constituted the


Tamil rebellion against a continuing Sinhala oppression over a


period of several decades. The gross consistent and continuing


violations of the human rights of the Tamil people have been well


documented by innumerable reports of human rights


organisations as well as of independent observers of the Sri


Lankan scene.


Walter Schwarz commented in the Minority Rights Group


Report on Tamils of Sri Lanka, 18


...The makings of an embattled freedom movement


now seem assembled martyrs, prisoners and a


pitiful mass of refugees. Talk of Biafra which had


sounded misplaced in 175, seemed less unreal a


few years later... As this report goes to press in


September 18, the general outlook for human


rights in Sri Lanka is not promising. The present


conflict has transcended the special consideration


of minority rights and has reached the point where


the basic human rights of the Tamil community - the


rights to life and property, freedom of speech and


self expression and freedom from arbitrary arrest


have in fact and in law been subject to gross and


continued violations. The two communities are


mow polarised and continued repression coupled


with economic stagnation can only produce


stronger demands from the embattled minority,


which unless there is a change in direction by the


central government, will result in a stronger


Sinhalese backlash and the possibility of outright


civil war.


David Selbourne remarked in July 184


The crimes committed by the Sri Lankan state


against the Tamil minority - against its physical


security, citizenship rights, and political


representation -are of growing gravity.. Report


after report by impartial bodies - By Amnesty


International, By the International Commission of


jurists, By parliamentary delegates from the West


by journalists and scholars - have set out clearly the


scale of growing degeneration of the political and


physical well being of the Tamil minority in Sri


Lanka... Their cause represents the very essence of


the cause of human rights and justice; and to deny


it, debases and reduces us all.


A Working Group chaired by Goran Backstrand, of the Swedish


Red Cross at the Second Consultation on Ethnic Violence,


Development and Human Rights, Netherlands, in February 185


concluded


There was a general consensus that within Sri


Lanka today, the Tamils do not have the protection


of the rule of law, that the Sri Lankan government


presents itself as a democracy in crisis, and that


neither the government, nor its friends abroad,


appreciate the serious inroads on democracy which


have been made by the legislative, administrative,


and military measures which are being taken. The


extreme measures which are currently being


adopted by the government inevitably provoke


extreme reactions from the other side... The normal


life of the (Tamil) population of the North has been


seriously affected. People either have great


difficulty or find it completely impossible to continue


with their employment and there is a severe


shortage of food and basic necessities Many Tamils


are daily fleeing across the Palk Straits to Southern


India. The continuing colonisation of Tamil areas


with Sinhalese settlers is exacerbating the


situation... and the country is on the brink of civil


war.


Senator A.L.Missen, Chairman, Australian Parliamentary Group


of Amnesty International, expressed his growing concern in


March 186


Some 6000 Tamils have been killed altogether in


the last few years... These events are not


accidental. It can be seen that they are the result of


a deliberate policy on the part of the Sri Lankan


government... Democracy in Sri Lanka does not


exist in any real sense. The democracy of Sri Lanka


has been described in the following terms, terms


which are a fair and accurate description The


reluctance to hold general elections, the muzzling of


the opposition press, the continued reliance on


extraordinary powers unknown to a free


democracy, arbitrary detention without access to


lawyers or relations, torture of detainees on a


systematic basis , the intimidation of the judiciary by


the executive, the disenfranchisement of the


opposition, an executive President who holds


undated letters of resignation from members of the


legislature, an elected President who publicly


declares his lack of care for the lives or opinion of a


section of his electorate, and the continued


subjugation of the Tamil people by a permanent


Sinhala majority, within the confines of an unitary


constitutional frame, constitute the reality of


democracy, Sri Lankan style.


The reports speak for themselves and that which emerges is a


chilling pattern of a forty year genocide attack on the Tamil


people intended to subjugate them within an unitary Sinhala


Buddhist state.


Karen Parker of the Non Governmental Human Rights


Organisation, International Educational Development put it


succinctly at the 4nd Sessions of UN Sub Commission on the


Protection of Minorities.


The Universal Declaration of Human Rights states


that all persons, including members of minority


groups, have the right to the full realisation of their


human rights and to an international order in which


their rights can be realised.


The Sri Lanka situation has shown that for the past


forty years, the Sinhala controlled government has


been unwilling and unable to promote and protect


the human rights of the Tamil population, and the


Tamil population has accordingly lost all confidence


in any present or future willingness or ability of the


Sinhala majority to do so. Are people in this


situation required to settle for less than their full


rights. Can the international community impose on a


people a forced marriage they no longer want and


in which they can clearly demonstrate they have


been Abused?... We consider that in the case of Sri


Lanka, 40 years is clearly enough for any group to


wait for their human rights.


The inhabitants of the Northeast of the island of Sri Lanka


constitute a people and are thereby entitled to the right of self


determination. Since it has been recognised that the exercise of


this right is not designed to dominate others but rather to escape


domination by others, the international community, through the


General Assembly Resolutions on Friendly Relations Among


States (Resolution 65) and on Definition of Aggression (act 7)


and 177 Additional Protocol I to the Geneva convention of


14 (Act 1 C4), declared that as a last resort armed struggle


can be used as a method of exercising the right of self


determination. The Sri Lankan governments use of force in


denying the Tamils right to self determination is in violation of


Articles 1 (), 1 (), (4) and 56 of the United Nations Charter.


The Tamil people have been subjected to brutal and crude


personal psychological and institutional violence by the Sri Lanka


government and its agencies. The Sri Lanka Government has


built up a massive 70,000 member armed force constituted


exclusively of Sinhalese and allocated immense funds for its


support. The Tamils have resorted to arms to defend themselves


and the war being waged by the Liberation Tigers is a defensive


war. Unlike the measures adopted by the Sri Lankan


government, this struggle is not aimed at domination; instead it


serves to protect the sovereign identity of the Tamil people.


The armed struggle of the Tamil people is both just and lawful


because the rule of law for the Tamil people had ceased to exist;


because the Government of Sri Lanka had become a racist


government; and because the oppressed people of that racist


government were compelled to resort to arms to defend


themselves against that oppression.


Based on reason and international law and coupled with the


absence of any internal or external machinery to realise the Tamil


right to self determination, the Tamils resistance evolved from


peaceful agitation to armed struggle. As Professor Reisman of


the Yale Law School states, insistence on non violence and


deference to all established in a ... system with many injustices


can be tantamount to confirmation and reinforcement of these


injustices. In some circumstances violence may be the last


appeal.. of a group.. for some measure of human dignity.


The international communitys recognition of a Peoples right to


defend themselves and to use force to secure their legitimate


political objectives is reinforced by the contemporary political


discourse. The formation of armed forces by the Ukraine,


Moldavia; Georgia and Armenia and the European Communitys


Peace plan for Yugoslavias current crisis are all proof of the


above mentioned proposition.


The legitimacy of the armed conflict of the people of Tamil Eelam


was afforded open international recognition when the combatants


in the armed conflict, participated in talks with a specially


appointed Minister of the government of Sri Lanka at meetings


convened by the Indian Government at Thimphu in 185. It was


a legitimacy which was reinforced in February 187, by the


United Nations Commission on Human Right when it adopted a


resolution on Sri Lanka in which the armed conflict was


discussed in terms of humanitarian law. Again, it was a legitimacy


which the Indo Sri Lankan Agreement signed by the Prime


Minister of India and the President of Sri Lanka in July 187,


recognised when it described the Tamil militant movement as


combatants in an armed conflict. Finally, in 18/0, the


Liberation Tigers of Tamil Eelam engaged in direct talks with the


government of Sri Lanka and were accorded recognition as


combatants.


The statement made on behalf of the joint Front of Tamil


Liberation Organisations at the Thimphu Talks in 185 serves to


underline the just and lawful nature of the struggle of the Tamil


people


We are a liberation movement which was


compelled to resort to the force of arms because all


force of reason had failed to convince the


successive Sri Lankan government in the past.


Further under conditions of national oppression and


the intensification of state terrorism and genocide


against our people, the demand for a separate state


become the only logical expression of the


oppressed Tamil people. Our armed struggle is the


manifestation of that logical expression.


The future of that lawful armed struggle clearly falls to be


determined in the context of the security of the Tamil people and


their right to self determination and these are matters for


resolution across a negotiating table, not in vacuum.











PAID ADVERTISEMENT


Not Free Essays


EssayFind Search








Type in your essay topic or author and click Search!








Democracy may mean acceding to the rule of the majority,


but democracy also means governments by discussion and


persuasion. It is the belief that the minority of today may


become the majority of tomorrow that ensures the stability


of a functioning democracy. The practice of democracy in


Sri Lanka within the confines of a unitary state served to


perpetuate the oppressive rule of a permanent Sinhala


majority.


It was a permanent Sinhala majority, which through a series of


legislative and administrative acts, ranging from


disenfranchisement, and standardisation of University admissions,


to discriminatory language and employment policies, and state


sponsored colonisation of the homelands of the Tamil people,


sough to establish its hegemony over people of Tamil Eelam.


These legislative and administrative acts were reinforced from


time to time with physical attacks on the Tamil people with intent


to terrorise and intimidate them into submission. It was a course


of conduct which led eventually to rise of Tamil militancy in the


mid 170s with, initially, sporadic acts of violence. The militancy


was met with wide ranging retaliatory attacks on increasingly


large sections of the Tamil people with intent, once again to


subjugate them. In the late 170s large numbers of Tamil youths


were detained without trial and tortured under emergency


regulations and later under the Prevention of Terrorism Act


which has been described by the International Commission of


Jurists as a blot on the statute book of any civilised country. In


180s and thereafter, there were random killings of Tamils by


the state security forces and Tamil hostages were taken by the


state when suspects were not found.


The preamble to the Universal Declaration of Human Rights


reads


Whereas it is essential if man is not compelled as a


last resort to rebellion against tyranny and


oppression, that human rights should be protected


by the rule of law.


The rise of the armed struggle of the Tamil people constituted the


Tamil rebellion against a continuing Sinhala oppression over a


period of several decades. The gross consistent and continuing


violations of the human rights of the Tamil people have been well


documented by innumerable reports of human rights


organisations as well as of independent observers of the Sri


Lankan scene.


Walter Schwarz commented in the Minority Rights Group


Report on Tamils of Sri Lanka, 18


...The makings of an embattled freedom movement


now seem assembled martyrs, prisoners and a


pitiful mass of refugees. Talk of Biafra which had


sounded misplaced in 175, seemed less unreal a


few years later... As this report goes to press in


September 18, the general outlook for human


rights in Sri Lanka is not promising. The present


conflict has transcended the special consideration


of minority rights and has reached the point where


the basic human rights of the Tamil community - the


rights to life and property, freedom of speech and


self expression and freedom from arbitrary arrest


have in fact and in law been subject to gross and


continued violations. The two communities are


mow polarised and continued repression coupled


with economic stagnation can only produce


stronger demands from the embattled minority,


which unless there is a change in direction by the


central government, will result in a stronger


Sinhalese backlash and the possibility of outright


civil war.


David Selbourne remarked in July 184


The crimes committed by the Sri Lankan state


against the Tamil minority - against its physical


security, citizenship rights, and political


representation -are of growing gravity.. Report


after report by impartial bodies - By Amnesty


International, By the International Commission of


jurists, By parliamentary delegates from the West


by journalists and scholars - have set out clearly the


scale of growing degeneration of the political and


physical well being of the Tamil minority in Sri


Lanka... Their cause represents the very essence of


the cause of human rights and justice; and to deny


it, debases and reduces us all.


A Working Group chaired by Goran Backstrand, of the Swedish


Red Cross at the Second Consultation on Ethnic Violence,


Development and Human Rights, Netherlands, in February 185


concluded


There was a general consensus that within Sri


Lanka today, the Tamils do not have the protection


of the rule of law, that the Sri Lankan government


presents itself as a democracy in crisis, and that


neither the government, nor its friends abroad,


appreciate the serious inroads on democracy which


have been made by the legislative, administrative,


and military measures which are being taken. The


extreme measures which are currently being


adopted by the government inevitably provoke


extreme reactions from the other side... The normal


life of the (Tamil) population of the North has been


seriously affected. People either have great


difficulty or find it completely impossible to continue


with their employment and there is a severe


shortage of food and basic necessities Many Tamils


are daily fleeing across the Palk Straits to Southern


India. The continuing colonisation of Tamil areas


with Sinhalese settlers is exacerbating the


situation... and the country is on the brink of civil


war.


Senator A.L.Missen, Chairman, Australian Parliamentary Group


of Amnesty International, expressed his growing concern in


March 186


Some 6000 Tamils have been killed altogether in


the last few years... These events are not


accidental. It can be seen that they are the result of


a deliberate policy on the part of the Sri Lankan


government... Democracy in Sri Lanka does not


exist in any real sense. The democracy of Sri Lanka


has been described in the following terms, terms


which are a fair and accurate description The


reluctance to hold general elections, the muzzling of


the opposition press, the continued reliance on


extraordinary powers unknown to a free


democracy, arbitrary detention without access to


lawyers or relations, torture of detainees on a


systematic basis , the intimidation of the judiciary by


the executive, the disenfranchisement of the


opposition, an executive President who holds


undated letters of resignation from members of the


legislature, an elected President who publicly


declares his lack of care for the lives or opinion of a


section of his electorate, and the continued


subjugation of the Tamil people by a permanent


Sinhala majority, within the confines of an unitary


constitutional frame, constitute the reality of


democracy, Sri Lankan style.


The reports speak for themselves and that which emerges is a


chilling pattern of a forty year genocide attack on the Tamil


people intended to subjugate them within an unitary Sinhala


Buddhist state.


Karen Parker of the Non Governmental Human Rights


Organisation, International Educational Development put it


succinctly at the 4nd Sessions of UN Sub Commission on the


Protection of Minorities.


The Universal Declaration of Human Rights states


that all persons, including members of minority


groups, have the right to the full realisation of their


human rights and to an international order in which


their rights can be realised.


The Sri Lanka situation has shown that for the past


forty years, the Sinhala controlled government has


been unwilling and unable to promote and protect


the human rights of the Tamil population, and the


Tamil population has accordingly lost all confidence


in any present or future willingness or ability of the


Sinhala majority to do so. Are people in this


situation required to settle for less than their full


rights. Can the international community impose on a


people a forced marriage they no longer want and


in which they can clearly demonstrate they have


been Abused?... We consider that in the case of Sri


Lanka, 40 years is clearly enough for any group to


wait for their human rights.


The inhabitants of the Northeast of the island of Sri Lanka


constitute a people and are thereby entitled to the right of self


determination. Since it has been recognised that the exercise of


this right is not designed to dominate others but rather to escape


domination by others, the international community, through the


General Assembly Resolutions on Friendly Relations Among


States (Resolution 65) and on Definition of Aggression (act 7)


and 177 Additional Protocol I to the Geneva convention of


14 (Act 1 C4), declared that as a last resort armed struggle


can be used as a method of exercising the right of self


determination. The Sri Lankan governments use of force in


denying the Tamils right to self determination is in violation of


Articles 1 (), 1 (), (4) and 56 of the United Nations Charter.


The Tamil people have been subjected to brutal and crude


personal psychological and institutional violence by the Sri Lanka


government and its agencies. The Sri Lanka Government has


built up a massive 70,000 member armed force constituted


exclusively of Sinhalese and allocated immense funds for its


support. The Tamils have resorted to arms to defend themselves


and the war being waged by the Liberation Tigers is a defensive


war. Unlike the measures adopted by the Sri Lankan


government, this struggle is not aimed at domination; instead it


serves to protect the sovereign identity of the Tamil people.


The armed struggle of the Tamil people is both just and lawful


because the rule of law for the Tamil people had ceased to exist;


because the Government of Sri Lanka had become a racist


government; and because the oppressed people of that racist


government were compelled to resort to arms to defend


themselves against that oppression.


Based on reason and international law and coupled with the


absence of any internal or external machinery to realise the Tamil


right to self determination, the Tamils resistance evolved from


peaceful agitation to armed struggle. As Professor Reisman of


the Yale Law School states, insistence on non violence and


deference to all established in a ... system with many injustices


can be tantamount to confirmation and reinforcement of these


injustices. In some circumstances violence may be the last


appeal.. of a group.. for some measure of human dignity.


The international communitys recognition of a Peoples right to


defend themselves and to use force to secure their legitimate


political objectives is reinforced by the contemporary political


discourse. The formation of armed forces by the Ukraine,


Moldavia; Georgia and Armenia and the European Communitys


Peace plan for Yugoslavias current crisis are all proof of the


above mentioned proposition.


The legitimacy of the armed conflict of the people of Tamil Eelam


was afforded open international recognition when the combatants


in the armed conflict, participated in talks with a specially


appointed Minister of the government of Sri Lanka at meetings


convened by the Indian Government at Thimphu in 185. It was


a legitimacy which was reinforced in February 187, by the


United Nations Commission on Human Right when it adopted a


resolution on Sri Lanka in which the armed conflict was


discussed in terms of humanitarian law. Again, it was a legitimacy


which the Indo Sri Lankan Agreement signed by the Prime


Minister of India and the President of Sri Lanka in July 187,


recognised when it described the Tamil militant movement as


combatants in an armed conflict. Finally, in 18/0, the


Liberation Tigers of Tamil Eelam engaged in direct talks with the


government of Sri Lanka and were accorded recognition as


combatants.


The statement made on behalf of the joint Front of Tamil


Liberation Organisations at the Thimphu Talks in 185 serves to


underline the just and lawful nature of the struggle of the Tamil


people


We are a liberation movement which was


compelled to resort to the force of arms because all


force of reason had failed to convince the


successive Sri Lankan government in the past.


Further under conditions of national oppression and


the intensification of state terrorism and genocide


against our people, the demand for a separate state


become the only logical expression of the


oppressed Tamil people. Our armed struggle is the


manifestation of that logical expression.


The future of that lawful armed struggle clearly falls to be


determined in the context of the security of the Tamil people and


their right to self determination and these are matters for


resolution across a negotiating table, not in vacuum.











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Democracy may mean acceding to the rule of the majority,


but democracy also means governments by discussion and


persuasion. It is the belief that the minority of today may


become the majority of tomorrow that ensures the stability


of a functioning democracy. The practice of democracy in


Sri Lanka within the confines of a unitary state served to


perpetuate the oppressive rule of a permanent Sinhala


majority.


It was a permanent Sinhala majority, which through a series of


legislative and administrative acts, ranging from


disenfranchisement, and standardisation of University admissions,


to discriminatory language and employment policies, and state


sponsored colonisation of the homelands of the Tamil people,


sough to establish its hegemony over people of Tamil Eelam.


These legislative and administrative acts were reinforced from


time to time with physical attacks on the Tamil people with intent


to terrorise and intimidate them into submission. It was a course


of conduct which led eventually to rise of Tamil militancy in the


mid 170s with, initially, sporadic acts of violence. The militancy


was met with wide ranging retaliatory attacks on increasingly


large sections of the Tamil people with intent, once again to


subjugate them. In the late 170s large numbers of Tamil youths


were detained without trial and tortured under emergency


regulations and later under the Prevention of Terrorism Act


which has been described by the International Commission of


Jurists as a blot on the statute book of any civilised country. In


180s and thereafter, there were random killings of Tamils by


the state security forces and Tamil hostages were taken by the


state when suspects were not found.


The preamble to the Universal Declaration of Human Rights


reads


Whereas it is essential if man is not compelled as a


last resort to rebellion against tyranny and


oppression, that human rights should be protected


by the rule of law.


The rise of the armed struggle of the Tamil people constituted the


Tamil rebellion against a continuing Sinhala oppression over a


period of several decades. The gross consistent and continuing


violations of the human rights of the Tamil people have been well


documented by innumerable reports of human rights


organisations as well as of independent observers of the Sri


Lankan scene.


Walter Schwarz commented in the Minority Rights Group


Report on Tamils of Sri Lanka, 18


...The makings of an embattled freedom movement


now seem assembled martyrs, prisoners and a


pitiful mass of refugees. Talk of Biafra which had


sounded misplaced in 175, seemed less unreal a


few years later... As this report goes to press in


September 18, the general outlook for human


rights in Sri Lanka is not promising. The present


conflict has transcended the special consideration


of minority rights and has reached the point where


the basic human rights of the Tamil community - the


rights to life and property, freedom of speech and


self expression and freedom from arbitrary arrest


have in fact and in law been subject to gross and


continued violations. The two communities are


mow polarised and continued repression coupled


with economic stagnation can only produce


stronger demands from the embattled minority,


which unless there is a change in direction by the


central government, will result in a stronger


Sinhalese backlash and the possibility of outright


civil war.


David Selbourne remarked in July 184


The crimes committed by the Sri Lankan state


against the Tamil minority - against its physical


security, citizenship rights, and political


representation -are of growing gravity.. Report


after report by impartial bodies - By Amnesty


International, By the International Commission of


jurists, By parliamentary delegates from the West


by journalists and scholars - have set out clearly the


scale of growing degeneration of the political and


physical well being of the Tamil minority in Sri


Lanka... Their cause represents the very essence of


the cause of human rights and justice; and to deny


it, debases and reduces us all.


A Working Group chaired by Goran Backstrand, of the Swedish


Red Cross at the Second Consultation on Ethnic Violence,


Development and Human Rights, Netherlands, in February 185


concluded


There was a general consensus that within Sri


Lanka today, the Tamils do not have the protection


of the rule of law, that the Sri Lankan government


presents itself as a democracy in crisis, and that


neither the government, nor its friends abroad,


appreciate the serious inroads on democracy which


have been made by the legislative, administrative,


and military measures which are being taken. The


extreme measures which are currently being


adopted by the government inevitably provoke


extreme reactions from the other side... The normal


life of the (Tamil) population of the North has been


seriously affected. People either have great


difficulty or find it completely impossible to continue


with their employment and there is a severe


shortage of food and basic necessities Many Tamils


are daily fleeing across the Palk Straits to Southern


India. The continuing colonisation of Tamil areas


with Sinhalese settlers is exacerbating the


situation... and the country is on the brink of civil


war.


Senator A.L.Missen, ChairmaPlease note that this sample paper on srilanka is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on srilanka, we are here to assist you. Your cheap research papers on srilanka will be written from scratch, so you do not have to worry about its originality.

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