Speech delivered by Parl. Group Leader, Tamil National Alliance, R. Sampanthan during Debate on Emergency in Parliament on September 10, 2008.
Around 200,000 non-combatant Tamil civilians have been compelled to flee from their homes in view of the intense military attacks, the frequent aerial bombardment and the heavy artillery fire being engaged in by the forces of the Sri Lankan State, both by day and by night, in these areas in the Vanni. A large number of civilians have been displaced more than once; many of them many times over and consequently, it is said that the ascertainment of the exact number of the displaced persons is difficult.
It is reliably estimated that around 100,000 Tamil civilians have moved into Kilinochchi in the past several days. Displacement and movement of people has also taken place in and into other areas. The intensity of the attack is unprecedented as far as Sri Lanka is concerned. Never before has such an intense attack ever occurred in this country and by international standards it is believed that the attacks presently being carried out are as bad, as the worst that has taken place at any time in any part of the world. The attacks have been ruthless and without compunction. Civilians, men, women and children have been killed, grievously injured and civilian owned properties both residential and occupational and other assets belonging to civilians have been destroyed or damaged.
The civilian population has been compelled to seek refuge in public buildings or with friends and relations and many have sought shelter in the open, under trees. The UN and its related agencies and international non-governmental organizations, to the extent possible in the prevailing situation, have rendered and continue to render relief and we are grateful to these organizations for the service they are rendering to these hapless people.
The Government, though it talks big about its concern for these people, does nothing more than make available to these people the meagre food items provided under the World Food Programme. The fear, Sir, is that the worst is yet to come. It is the general expectation that the fighting will intensify in the weeks to come and in that event, it is inevitable that there will be further displacement, death and destruction. The oncoming monsoonal rains would only make the pathetic plight of these civilians even much worse.
We are aware, Sir, that the UN and other international agencies are already experiencing considerable difficulties in providing relief to these people in the form of shelter, food, medicine and other essentials. Intensification in the fighting, resulting in relief workers being further hindered, or in access to these areas being cut off could result in a grave humanitarian crisis of much greater proportions than what exists at present, which could result in the displaced people being denied shelter, food, medicine, drinking water and other essentials and even institutions such as hospitals ceasing to function, all of which could have calamitous consequences in relation to the Tamil civilian population, the worst affected in this dire situation being women and children.
If the Sri Lankan State considers the Tamil civilian population resident in the Wanni as a segment of its own people, I submit, it is the bounden duty of the Sri Lankan State to ensure that the Tamil civilian population in the Wanni are not compelled to experience the ordeal of such a grave humanitarian crisis. If the Sri Lankan State compels the Tamil civilian population in the Wanni to face the ordeal of such a great humanitarian crisis with serious consequences, the conclusion would be inevitable that the Sri Lankan State does not look upon these Tamil people as part of its own populace.
These Tamil people have since Independence only requested the right to internal self-determination in the areas of their historical habitation. This is their most fundamental human right.
The Sri Lankan State has consistently denied the Tamil people this right though democratic verdicts over several decades in the areas of their historical habitation have overwhelmingly supported this demand. The Sri Lankan State cannot deny that this is the root cause of the conflict. Even today, the Sri Lankan State is not able to place on the table a set of proposals that would satisfy the legitimate political aspirations of the Tamil people.
All efforts to establish a monitoring mechanism under the auspices of the UN have not been successful in view of the refusal of the Sri Lankan State to accept such a mechanism. I submit that such a refusal on the part of the Sri Lankan State enhances the obligation of the Sri Lankan State to bring such violations to an end. The Sri Lankan State is not able to do this either. The Sri Lankan State pleads sovereignty of the Sri Lankan State as an excuse for its refusal to accept a mechanism under UN auspices ignoring the fact that sovereignty also includes fundamental rights.
While this is the actual situation, prevalent in the country, I do not see the Sri Lankan Minister of Disaster Management and Human Rights in the House today.
He seems to be going to different parts of the world and he seems, however, to be quite pleased with his performance. While this country is facing a most atrocious situation in regard to human rights, the Minister of Disaster Management and Human Rights talks as if everything is under control in this country.
Let us look at what is really happening in this country. We are aware that there was a Commission of Inquiry appointed to inquire into 16 grave human rights violations. We are aware that the International Independent Group of Eminent Persons, who were appointed to be of assistance to that Commission of Inquiry and to observe that the Commission was conducting investigations in keeping with international norms and standards, has withdrawn. When they withdrew, they publicly stated that the Sri Lankan Government did not have the political or institutional will to ascertain the truth. They stated that the Sri Lankan Government was not prepared to conduct investigations into human rights violations in keeping with international norms and standards.
There was the Assistance and Protection to Victims of Crime and Witnesses Bill brought to this Parliament as a matter of urgency and as an urgent Bill. It was brought to Parliament on June 17, and then it was taken up for debate again on June 19 and thereafter that Bill has not been listed for further debate in this Parliament. Suddenly it has gone into a state of paralysis. I do not know why this Bill has suddenly gone into cold storage.
The Commission of Inquiry recorded evidence by teleconferencing of several witnesses who had gone abroad, witnesses who are relations of the deceased persons, or who are closely connected with the deceased persons, who had been intimidated, who were afraid to live in this country and who consequently fled this country to other countries. Their evidence could only be recorded through teleconferencing. The International Independent Group of Eminent Persons who had been giving some assistance to the Commission of Inquiry, facilitated the recording of evidence of these witnesses through teleconferencing.
The Government did not provide the funds for this purpose. If the Government provided the funds there would have been no need for the Commission of Inquiry to seek funds from elsewhere. The fact of the matter was that the Government did not provide the funds.
After the International Independent Group of Eminent Persons left the country, the Commission of Inquiry was handicapped and funds were not available. Certain other countries, particularly the United States, Canada and the European Union were prepared to make the funds available. There would have been no need for these countries to come forward and offer to provide funds, if the Government was able to provide the funds itself which the Government did not do. The Government which claims - according to the Minister - to be interested in safeguarding human rights, in ascertaining the truth, a Government that claims to be committed not to conceal anything on which basis the Minister carries out his propaganda in various parts of the world including in Geneva. Recently in Geneva he also met with the new UN High Commissioner for Human Rights, Madam Navanethem Pillay, and told her that the Sri Lankan State was genuinely attempting to improve the human rights situation. But, the Government is not providing funds to the Commission of Inquiry to enable it to record, by teleconferencing, evidence of witnesses who can provide valuable evidence in regard to those two major crimes; the murder of five students and the murder of 17 aid-workers in Trincomalee and Mutur respectively.........
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