HUMAN RIGHTS HAS TO BE PROTECTED NOT ONLY BY THE GOVT BUT BY NON GOVERNMENT BODIES ACCORDING TO UN CHARTER

Onlanka News – By Dr.Telli C Rajaratnam

GOVERNMENT + TAMIL, MUSLIM & SINHALA CIVILIANS

VS.

TAMIL POLITICIANS (NORTH EAST) + TAMIL MILITANTS +  NGO+OPPOSITION

ARE THE DOUBLE TONGUED EX-MILITANT TAMILS THE CAUSE FOR SRI LANKA’S EMBARRASSMENT AT THE UNHRC?

It is trite learning that the devil himself knows not the thought of man. The Human Rights violations in the North  are not caused by the Armed Forces of Sri Lanka but the militant Tamil groups masquerading as democratic parties and for vested interests pretentiously supporting the Government and violating every conceivable norm of Human Rights by abductions, murders, kidnapping, rape of women, rape of children, extortion and various cruel forms of desecrating the dignity of human rights.

LIBERATION OF THE NORTH

We have just liberated the North from the terrorists. How can we devolve power when other Tamil militants are stalking the land.? Have we eradicated Terrorism or the LTTE ? Why do we still live in fear ? Is it not because we have been made to fear the terror tactics of all Tamil militants ? Is one Tamil militant better than the other ? History has proved that they never changed. There is a lucid interval in every criminal Tamil Terrorist ? History has proved that Terrorists enjoy imputing fear into the minds
of the people.

ACCUSTIONS AGAINST GOVERNMENT DUE TO VESTED INTERESTS

All over the world the pride of the Tamils in general has been hurt by the eradication of  the LTTE whom they considered as their voice quite to their detriment. It is now time to make them understand that this was for their own good and that the LTTE was making use of the innocent Tamils as human shields, as sources of income to establish their empire. We have to make them understand that they too would have been treated the same way if ever there was an eelam. The LTTE was the private limited liability company of Velupillai Pirabaharan and his companions some of whom have branched out and started their own private companies in different names and have been lucky to register them as political parties in Sri Lanka.Most of them have been guilty of heinous crimes of terror, abductions, extortion, assassinations, murders, rape and every conceivable offence in the Penal Code, Prevention of Terrorism Act and the Emergency Regulations. How many of them escaped from Prison and are enjoying their old deeds with ease and comfort?

If there is Tamil administration in the North headed by Militant Political parties the Tamil Diaspora would turn against Sri Lanka in the one hand whilst the militant Tamil parties will create a mini eelam and a phantom LTTE to continue the violent activities to develop their respective limited liability companies namely their political parties and strength.

SINHALA PEOPLE OVERLOOKED & NEGLECTED

Whilst an innocent Sinhala man is being convicted for stealing a loaf of bread to eat how is it that the Tamil murderous terrorist can get instant
amnesty? What is happening? Are we not heading towards disaster? We have repossessed the North but are we going to risk it by giving it to these Tamils who have a dark past and a suspicious present? Only time can tell. Fear psychosis has infiltrated the Tamils. They are afraid to speak against all the Tamil Political Parties. I have been listening to various Political Leaders in Colombo requesting the Sri Lankan living abroad to return to the country. I have received several responses from many professionals from all communities living overseas- their fear is whether it is safe to come
when the mini model LTTE parties (Tamil Militant Political Parties)are roaming freely with absolute freedom more than the freedom of a common Sinhala, Muslim, Burgher or Tamil man. The Tamils living overseas will not come to Colombo, if North will be under the Tamil Politicians with track records obviously they fear of being abducted and asked for ransom.

It is the duty of the State to protect the Nation and either request the Army to administer the North under the supervision of the Special Task Force.The Tamils are still in fear of the Tamil militant groups and their political parties. We cannot afford to lose the North again. The Tamil militants are parasites to development, democracy, decency and dignity. They are an abomination to society. The Tamil people fear the Tamil militants and Tamil Political Parties.

The North is the homeland of all Sri Lankans like the EAST, WEST and the SOUTH .It does not belong only to the Tamils. It belongs to all Sri Lankans. How come Tamils can live in Colombo-7, Wellawatte, Dehiwela, Bambalapitiya, Kandy, Matale, Hatton, Nuwara Eliya Tamils are engaged in business activities from 1st cross street to 5th Cross street, kotahena, Sea Street, would it not be worse by devolving power to the North solely to the Tamils?

It is the Sinhalese who have been overlooked preventing them from living in Colombo by the Tamils overcrowding and preventing Sinhala businessmen to do business from 1st cross street to 5th cross street in Pettah, sea street, Kotahena, etc., etc. Etc.,

Has the Sinhala common man enjoyed equality, he has been OVERLOOKED during our talks about peace. For thirty or more years and now people are talking of the rights of Tamils, then who speaks of the rights gradually taken away from the Sinhala common man? Why has he got to suffer? Take the Universities as well : to common knowledge there are several Universities. But do Sinhala students enter the Jaffna and Batticaloa Universities? But the Tamil students are eligible to enter all the Universities.

Sinhalese, Tamils, Burghers, Muslims, Malays and Chinese have every right to settle in the North. There should be mixed administration. We should not segregate communities to territorial jurisdiction. Every citizen has a right to live anywhere. I salute the President for his courageous leadership. I have no doubt he will eradicate the remnants of the LTTE and all those Eelam militant Groups who have mischievously registered their militant Groups as Political Parties. They wear masks of democracy but they are all the same with militant ideologies.

The  President is not only duty bound to protect the citizens from the Terrorists in the North but also those who have their Tamil Political Parties with the name “Eelam”-most of whom have still arms and they have the track record act of abductions, kidnapping, murders and extortion. These groups should be disarmed and should be stripped of their eelam identities. The militant eelam groups in Colombo committed many crimes. All Tamil Political Parties with the name “eelam” should be banned forthwith. All Tamil Militant Groups should be disarmed and tried for their crimes against humanity

Every citizen owes his or her allegiance to the Constitution and to the Head of State- the duly elected President of the Democratic Socialist Republic of Sri Lanka.

Due to our internal conflicts which we could have long resolved, external forces with vested interests have all sought to intervene some in the pretext of resolving the conflict but our experience has proved that the gap of resolution of conflict does not seem to be
narrower now.

The people are terrorized by certain vested interests in their vile pursuits for power committing crimes and targeting a reflex scenario as if the Government was responsible..

We are a community of people, whose self interest and mutual interest at crucial points merge and that it is through a sense of justice that community is born and nurtured. This is the moment to bring the faiths closer together in understanding of our common values and heritage a source of unity and strength. By the strength of our common endeavour we achieve more together than we can alone. We must reach beyond our fears and our divisions to a new time of great and common purpose. Let us trace the roots of affirmative action. Let us determine what it is and what it isn’t. Let us see where it has worked and where it hasn’t and ask ourselves what we need to do now.

There are individuals and groups who may be critical of the President for political gain, but the President has always taken affirmative action within the norms required of the President. We cannot restore peace unless we can find some way to bring the nation close together. We must be Patriotic. We must uphold and defend the Constitution and the Head of State-the President. We owe allegiance to the President  and the Constitution as Citizens of Sri Lanka. We must uphold the norms of the Constitution apprehend and prosecute those who terrorize us by their actions and threats, then economic prosperity will follow suit. Our destiny lies in our hands

The Politicians from the North and the East have vested interested together with their militant counterparts. The only respectable, dignified Tamil Politicians are the Tamils from the hill country who have never resorted to violence, thuggery or extortion.

It is a pity that none of the hill country Tamil Politicians have been selected on the delegation to Geneva.

NEED OF THE HOUR

Let us remain calm. Let us present our submissions factually with evidence. Let us not be perturbed by emotions. Let us think before we speak, write or act. Let our voice be united, sober and dignified. Let us be loyal and diligent. Let us uphold the norms of the Constitution and thereby defend the Head of State who is  the Commander in Chief of the Armed Forces by virtue of the Constitution and owe allegiance as citizens of this beautiful isle which has been the subject of controversy

UNHRC

The Human Rights Council is an inter-governmental body within the United Nations system responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and make recommendations on them. It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year. It meets at the UN Office at Geneva.

The Council is made up of 47 United Nations Member States which are elected by the UN General Assembly. The Human Rights Council replaced the former United Nations Commission on Human Rights.

Creation

The Council was created by the United Nations General Assembly on 15 March 2006 by resolution 60/251. Its first session took place from 19 to 30 June 2006. One year later, the Council adopted its “Institution-building package” to guide its work and set up its procedures and mechanisms.

Among them were the Universal Periodic Review mechanism which serves to assess the human rights situations in all United Nations Member States, the Advisory Committee which serves as the Council’s “think tank” providing it with expertise and advice on thematic human rights issues and the Complaint Procedure which allows individuals and organizations to bring human rights violations to the attention of the Council.

The Human Rights Council also works with the UN Special Procedures established by the former Commission on Human Rights and now assumed by the Council. These are made up of special rapporteurs, special representatives, independent experts and working groups that monitor, examine, advise and publicly report on thematic issues or human rights situations in specific countries.

CURRENT TRENDS

Terrorism is not over. The LTTE base in Sri Lanka is destroyed. We can see that the LTTE is still active in various parts of the world. Unfortunately, due to effective diplomacy, the current trends in international affairs relating to Sri Lanka is focused towards sympathy to the LTTE  and the world questions us owing to abortive attempts made by Tamil Militants and Tamil Politicians alike. The Tamil militancy can survive only if there is conflict .One Politician is accused of murder charges in India whilst his cadres violate the human rights of Tamil civilians and the Government takes no action thinking that the international community may think that this Politician will be victimized because he is a Tamil. It is time that the Rule of Law prevails to safeguard the civilians in this country and all ex militants cannot enjoy continuous immunity.

OUR OBLIGATION

We must take effective measures to safeguard the legitimate rights and interests of the developing nations and work towards a new international political and economic order that is fair and rational. First, it is imperative to promote democracy in international relations. To respect the sovereignty, territorial integrity and political independence of all countries and resolve internal conflicts. The affairs of each and every country should be left to its own people to decide. Global challenges should be tackled through international cooperation and co-ordination.

All countries should foster a new security concept featuring mutual trust, mutual benefit, equality and cooperation and fully respect the diversity of world civilizations, and should seek consensus through dialogue, co-operation through consultation and development through exchanges.

It is imperative to work towards stability and development of the developing nations. World peace hinges on stability of the developing nations, and global prosperity rests, on growth of the developing nations. Complicated as they are, many of the issues today may have their roots found in development. Development should be the top priority of governments of all developing nations in their efforts to govern and build up their countries. It is imperative to ensure a full play of the UN’s important role in international affairs. As the most important inter-governmental organization in the world today, which represents the fundamental interests of all member countries and the aspirations of all peoples in the world, the United Nations has a lot to do and accomplish under the new situation. Therefore, it is our common responsibility and is in everyone’s vital interests to strengthen its role, safeguard its authority, increase its efficiency and promote its reform.

UN WILL RECOGNIZE SRI LANKA’S INTEGRITY

One of the magnificent achievements of the UN has been the transformation that has taken place in global opinion on the relationship that should obtain between the governing and the governed, between the government and the citizen. It was on the basis of the moral authority of the General Assembly’s Universal Declaration of Human Rights and the determined endeavors of the Commission on Human Rights, that this transformation was achieved. The dignity of the individual has now, largely as a result of United Nations leadership in the field of human rights, been placed, as it should be, amongst the primary priorities of national and international attention.

The Universal Declaration on Human Rights is not limited in scope to ensuring the observance of human rights by Governments alone. The LTTE violated every norm of Human Rights. The Government protected the rights of the people and it was in the process of this humanitarian operation that  accidentally there were victims.

The Declaration has a far wider purpose: the observance of human rights by all governmental and non-governmental alike.

Article 3 of the Universal Declaration, which requires that everyone has the right to life; and the provisions of article 30 of the Declaration prescribes that:“Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein”.

An act of terrorism by a non-governmental entity against civilians is surely a violation of the human rights of its victims and, surely, a crime against humanity as well.

We know the horrific  consequences of terrorism:  the horror; the thousands of unsuspecting innocent lives lost or maimed, the thousands of families then left to grieve; the countless personal tragedies that terrorism leaves. The horrors of   Terrorism has devastated the country and have cast a heavy burden on successive Governments and the Nation including all of us and on humanity as a whole. There are also the larger disruptions of national stability and order as well: of the economy and the customary ways of life.

However, during the 30 years of Tamil Terrorism not one Tamil Terrorist Leader was killed by the Terrorists. This reveals that there was conspiracy between the Eelam Militant Groups who conveniently registered their organizations in the same name of their militant Groups as Political Parties but recent history and present observation reveals to us they never changed their attitudes. They convinced those around them that they hated the LTTE and even had suicide cadres to display attempted assassinations. All Tamil Militants have terrorized their own people. They never changed – They earned money and still are marketing the ultimate objectives of Terrorism by slandering the Government. We will always be affected by the memories of the damage caused by the Terrorists- we shall carry with us for as long as we live.

The Terrorism of the eleventh of September, in the USA gave rise to a “coming-together” of the people, in the finest traditions of humanity. On the twelfth of September, the Security Council and the General Assembly convened to express: their collective condolences; an unqualified condemnation of the terrorism: a determination that those responsible should not go unpunished; and firm concurrence that terrorism threatened the foundations of human society and order and would need to be, and must be, globally removed.

PRESIDENT THROUGH ARMED FORCES SAVED THE TAMILS

We have to revive and resuscitate the morale of the people affected by the war, and their relatives all over. President Mahinda Rajapaksa has done more than the UNHRC towards the people of Sri Lanka.  So, instead of talking about the unfortunate dead let us help the people who are in the process of being settled. Let us get together and support them. The Government is doing everything possible to help them. Let us hope that such a deep sense of the “togetherness” of all of humanity will continue to be pervasive.

Terrorism is, sadly, very familiar to Sri Lanka. We, in Sri Lanka know terrorism, unfortunately, only too well. We have shown that we could eradicate it but the process is not over.. Have we eradicated Terrorism or the LTTE? Were all these terrorist activities carried out by the LTTE alone or was there a conspiracy between the other Tamil militant groups who pay lip service to democracy? The US State Department Report on Human Rights 2008 suggests that great number of Tamil militants in Colombo and beyond have been responsible for abductions, extortion and murders. This has been endorsed by the LLRC Report.

THE FALSE PROPOGANDA STIMULATED OWING TO THE CALCULATED DEEDS OF TAMIL MILITANT POLITICIANS CREATING A REFLEX SCENARIO AS IF THE GOVERNMENT VIOLATED HUMAN RIGHTS

A criminal organization – whether involved in rebellion against a State or not – must depend for its sustenance outside the law. For its massive operations and massive weaponry, massive collections of funds are continually required. As funds available for criminal activities within a State, especially a developing State, are Inevitably small, and the monitoring of their collection and disbursement relatively simple, fund collection for such activities is carried out abroad – through international criminal networks, of course – and also, as in all criminal enterprises, through knowing or unknowing front organizations or other entities that now proliferate in many forms, in many countries – often in the guise, sadly, of charitable groups or groups ostensibly concerned with human rights, ethnic cultural or social matters…..The many disparate forces for international terrorism do not come together in one monolithic whole. They are variously interconnected in numerous ways and their international networks are extensive. They are mutually supportive and communicate through the global underworld of crime when special missions are afoot. If international terrorism is to be ever removed from our midst, we must begin with the recognition that international terrorism is a form of global criminality. We must not let ourselves be deceived by the artfully crafted cloaks of false pretensions. It is the method of terrorism as in the murder of innocent civilians and the defiance of the sanctity of life – that defines terrorism. We should therefore not be surprised that allegations of civilian casualty in the present times generates from certain corporate interests involved in international terrorism and their complex trade beneficiaries.

History reveals that Tamil Militants have not changed at all. Instead they have been allowed to legalize their Militant Terrorist Groups as legitimate Political Parties and they enjoy continuing their criminal activities with ease enjoying the perks of a democratic society as a democratic party with state protection which undermines the very norms of democracy.

Have our delegates performed their duties? We were given the opportunity to hear our side. The Rules of Natural Justice lies on two pillars-Audi alteram partem(Hear the other side) and Nemo judex in sua causa(no one shall be judge in his own cause). Our delegates consists of Tamil  militant politicians as well who have vested interests and have violated the law in India and wanted for murder in India. Should this not cause concern?

* (Dr.Telli.C.Rajaratnam is the son of Late Justice T.W.Rajaratnam Former Judge of the Supreme court and SLFP Member of Parliament(1989-1994) Grandson of Late T.C.Rajaratnam,Lawyer and Founder Member of the UNP., Grand Nephew of Late S.J.V.Chelvanayagam Q.C.,M.P.,Leader of the Federal Party and Late M.Tiruchelvam Q.C., and Minister of Local Government and cousin of Late Dr.Neelan Tiruchelvam P.c., M.P.,)Author of “Selected Essays on President Mahinda Rajapakse”(Sarvodaya Viswa Lekha Publication May 2009)and “The Dawn of Sri Lanka –The Miracle of Asia:Selected Essays on the Patriotic Legacy of President Mahinda Rajapaksa” . Chief Editor of Sri Lankan Patriot –newsline(www.srilankanpatriot.lk)