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The Australian Tamil Congress calls upon the UNHRC and the International Community to impress on Sri Lanka the need to address the issue of missing persons urgently
The Australian Tamil Congress (ATC) expresses deep concern over the lack of concerted actions by the Government of Sri Lanka on addressing the issue of the missing persons, as the continuous protest by their relatives has gone past one hundred days. The reports of intimidation and disruption of the peaceful protests by the Sri Lankan armed forces is deeply troubling.
Despite its commitments made to the member states of the UN Human Rights Council (UNHRC) and the High Commissioner for Human Rights Zeid Ra’ad Al Hussein at this year’s session in March, the Government of Sri Lanka has barely made any progress in ascertaining the whereabouts of the tens of thousands of persons missing – including those who have been made disappeared during the last days and after the end of war in May 2009. The Office of the Missing Persons (OMP), legislated in August 2016 has yet to become operational, and the government has not demonstrated ‘a comprehensive strategy … … to pursue the different transitional justice processes in a coordinated, integrated and appropriately sequenced manner.’
The UNHRC Resolution 30/1 adopted in September 2015 and the follow-up Resolution 34/1 adopted in March 2017 requested the Office of the High Commissioner for Human Rights (OHCHR) to continue to assess progress in the implementation of its recommendations in respect of Sri Lanka.
With impassioned protests by the relatives of the missing for the past 100 days in Killinochchi (and other places) reaching a breaking point, statements by the Governor of Northern Province stating no inquiries could be held regarding missing persons and lack of any actions from government leaders are making matters worse.
We, therefore, earnestly request the OHCHR to send high level representatives to talk to the protesters directly, defuse the situation, and offer assistance with the setting up of a credible mechanism that will help ascertain the fate of the missing persons speedily.
ATC also calls upon the international community, in particular the Australian Government, to raise the missing persons issue at the highest levels of the Sri Lankan
Government, impress on Sri Lanka the need to operationalise the OMP promptly, and facilitate its functioning effectively.
Global Tamil Forum urges UN Human Rights Council to adopt new resolution reflecting High Commissioner Zeid’s call to closely monitor Sri Lankan compliance with the resolution of 2015
The Global Tamil Forum (GTF) welcomes High Commissioner Zeid’s report on Sri Lanka released on 3 March in Geneva. We commend the High Commissioner and his office for their forthright and thorough assessment, and concur with their observation that ‘stronger, tangible results needed to be forthcoming without further delay to prevent any further dissipation of hard-earned trust.’
While acknowledging the Sri Lankan Government’s constructive engagement with United Nations’ human rights mechanisms; visible progress on constitutional reform process; positive developments on the broader human rights agenda; and commendable efforts on consultations towards establishing transitional justice measures, the report was emphatic that the ‘fulfilment of transitional justice commitments has been worryingly slow and the structures set up and measures taken were inadequate to ensure real progress.’
The report was categorical that the Government has not moved fast enough with tangible measures – viz. restitution of the land held by the military; resettlement of internally displaced persons; repealing the Prevention of Terrorism Act; effective conclusion of the cases of the remaining security detainees; formulating effective victims and witness protection arrangements; and stopping security force surveillance, harassment and torture – that would immensely help build confidence among victims and the Tamil community.
The report analysed a number of emblematic cases involving security forces covering a period of over ten years with no decisive progress to-date and reiterated High Commissioner’s view that ‘international participation in accountability mechanisms remains a necessary guarantee for the independence, credibility and impartiality of the process and an integral part of the commitments of the Government under Human Rights Council resolution 30/1.’ It is in this light that we are dismayed and reject the statements from the Sri Lankan leaders, including a recent statement from Prime Minister Wickremesinghe that argue participation of international judges would require constitutional amendments with approval from country wide referendum.
The High Commissioner’s assertion that unclear and often contradictory messages delivered on transitional justice mechanisms by the President, the Prime Minister, and various members of the cabinet, as a factor contributing towards contradictions in policy development and public messaging around transitional justice and reconciliation, need to be acted upon with utmost seriousness by the highest levels of the Sri Lankan government.
GTF calls upon the Government of Sri Lanka to make every effort to implement all of the recommendations presented in the High Commissioner’s report, which include: ‘present a comprehensive strategy on transitional justice, with a time-bound plan’; ‘invite Office of the High Commissioner for Human Rights (OHCHR) to establish a full-fledged country presence’; ‘adopt legislation establishing a hybrid court, which should include international judges, defence lawyers, prosecutors and investigators’; and ‘operationalise the Office of Missing Persons Act and provide the Office of the Missing Persons with sufficient resources and technical means’
The High Commissioner’s recommendations to the member states ‘urge the Human Rights Council to continue its close engagement to monitor developments in Sri Lanka’, ‘investigate and prosecute those responsible for serious human rights violations under universal jurisdiction wherever possible’ and ‘ensure respect for the principle of non-refoulement in the case of Tamils who have suffered torture and human rights violations’. These recommendations are timely and need to be heeded.
In a press release by the OHCHR, High Commissioner Zeid said, “This critical opportunity in Sri Lankan history cannot be missed. I urge the Government and people of Sri Lanka to prioritize justice alongside reconciliation to ensure that the horrors of the past are firmly dealt with, never to recur.” GTF calls on the Government to do just that by publicising and acting on a comprehensive reform and transitional justice plan.
Trevor Grant gave strong voice for the rights of refugees, advocated against torture, and exposed the injustice meted out to Tamils in Sri Lanka- ATC
The Australian Tamil Congress (ATC) mourns the passing of Trevor Grant, a veteran sports journalist and ardent human rights advocate, after succumbing to a two-year battle with cancer last Sunday. After retiring in 2009 from 40 years of active journalism, Grant took up the cause of refugees who arrived on the shores of Australia by boats fleeing tyrannical governments around the world. His particular interest in the plight of Tamil refugees escaping war-torn Sri Lanka inspired him to be a compassionate speaker, writer and radio broadcaster on matters of discriminatory practices and torture that prevailed in the country.
A fearless personality to the end, Grant was honest in his condemnation of brutal regimes that inflicted immense suffering on its citizens, uncompromisingly radical in standing up for justice, and gave his all for the upliftment and human rights of the oppressed.
His passionate campaign against the indefinite detention of refugees by ASIO on grounds of national security, and relentless opposition to the incarceration of asylum-seekers in offshore detention centres is well known.
The ATC is grateful for his unique contribution to the rights and wellbeing of the Tamil refugees in Australia, and for bringing awareness of the long fought just cause of the Tamils in Sri Lanka. At the loss of this true friend of Tamils, we extend our deepest sympathies to all his loved ones.
Australian Tamil Congress
In Solidarity with People of Tamil Nadu
n Solidarity with the people of Tamil Nadu
Dear Fellow Tamils
As most of you are aware, Chennai has been devastated by the worst torrential rains in history and flash-floods have caused hundreds of deaths and untold misery to millions of people in several parts of Tamil Nadu.
While more rain is expected over the week, thousands of people still remain stranded. And despite the best efforts of the TN Government and NGOs, many are left without basic supplies of food, drinking water, clothes, blankets, etc.
Even as we pray for an end to this unforseen natural calamity, we believe we should do the least we can to bring some immediate relief to the affected.
For decades the people of Tamil Nadu had continued to rise in support of the Tamils in Sri Lanka, and many of our people have taken refuge in Tamil Nadu for so long. It is now our chance to help them in whatever measure we can.
The Australian Tamil Congress (ATC) urges all Australian Tamils to be generous enough to donate and show our solidarity with our Tamil Nadu brethren at a time of their dire need.
Please use the below link to donate immediately to this urgent relief fund. ATC will donate the funds to Gandhiya Makkal Iyakkam* in Chennai who is already involved in coordinating the relief work. We will provide the donors with feedback as we receive.
A friend in need is a friend indeed.
Please click here to donate and show our solidarity.
With great expectations,
Executive Committee
Australian Tamil Congress
*Gandhiya Makkal Iyakkam is a non-governmental organisation, whose President - Thamilaruvi Maniyan - had visited Australia a few times before.
