SRI LANKA: Extrajudicial Killings: The miserable breakdown of the rule of law

An Article by the Asian Human Rights Commission

By Nilantha Ilangamuwa

Our lives are spinning out
from world to world;
the shapes of things
are shifting in the wind.
What do we know
beyond the rapture and the dread?- Stanley Kunitz*

“They finished off my husband after two days of torture, and then took me to Hambantota where a number of women were held on suspicion. To my knowledge, most of them were innocent like me. There too they tortured me and urged me to reveal the names of the people who had connections with the JVP, but I did not know anyone who had JVP connections and I didn’t have any link with them either.” - Mrs. Premasili**

Every national and international observer agrees that Sri Lanka today is a state facing tremendous upheaval and chaotic social disorder, even after the elimination of the Liberation Tigers of Tamil Eelam (LTTE), on May 19, 2012 (when the Government of Sri Lanka officially declared the longest civil war in Asia over1). The national and international civil society organizations have documented that violations of fundamental human rights are occurring every day2. The tabling of the drafted resolution on human rights in Sri Lanka by the United State of America, to the 19th Session of the Human Rights Council in Geneva, has questioned an old phenomenon in a new framework, though it continues, as previous resolutions have, to open widespread discussion on human rights violations by the Government of Sri Lanka, as well as by non-state actors in recent times in the island nation. There is no doubt that the Government of Sri Lanka needs tremendous pressure from the international community, not only to take responsibility for its conduct during the war, but also to address the many constitutional shortcomings that resulted from the introduction of the 1978 Constitution3 and most of its amendments, where the principles of common law were manipulated by the executive branch to place itself above the law.

In regard to the threat to human lives, there is no significant difference between open warfare and political competition between the powerful political parties of Sri Lanka. Since 1971 when the UF Government4 introduced the practice of extrajudicial killing for the first time against the JVP insurrection, many dissidents, both rebel and civilian, have been killed in cold blood. Extrajudicial killings have become a norm of daily life in Sri Lanka. Even though the present regime has made some symbolic developments on extrajudicial killings, they remain part of daily life. Sri Lankans, rightly, remain fearful of abduction and the white van syndrome has become a powerful symbol of extra judicial killings in recent years. However, the Government of Sri Lanka remains unwilling to conduct genuine investigation on “White Van” abductions and it is commonly believed that the Government is the one of the main perpetrators of these heinous crimes.

The worst development of this practice was reported on the second week of February this year, when an armed gang entered the premises of a courthouse and abducted an individual who was being escorted by security officials from the courthouse to prison, after hearing a case against him. The following morning, Tuesday 14th February, 2012, a body of a male was dumped and burnt near Sri Lankan President Mr. Mahinda Rajapaksa’s private residence in Boteju Mawatha, in Colombo. Around 9.30 am on 14th February, unidentified persons arrived in a white van, dumped a male body, and burnt it in front of Mr. Rajapaksa’s private residence.

The Asian Human Rights Commission has documented a case of a man who was tortured and illegally detained for 28 months and was abducted before the Supreme Court could hear his Fundamental Rights application. On 11 February, 2012, Mr. Ramasamy Prabakaran was forcibly abducted in the presence of his wife, Shiromi, and their daughter, near their home in Canal Bank Road, Wellawatte. Prabakaran, who owns Panama Traders, an electronic shop in Majestic City Shopping Complex, is a Tamil of Indian origin.5 It has been reported by the media, that there have been 32 unexplained abductions documented between last October and this February, mostly in Colombo and suburb or northern Sri Lanka; the victims being a mix of Sinhala, Tamil and Muslim6.

As a part of the militarization of the country, not only of the North and East, but of the entire country, the rule of law has come under threat while the military controls whole sectors of the country and has been given enormous power to undermine the peoples’ basic rights, rights that have been confirmed in the Constitution of Sri Lanka, international treaties which have been signed by the Government of Sri Lanka, and even in election manifestos issues by each of the political parties, including the present ruling alliance. Former high court judge, Mr. W.T.M.P.B. Warawewa, at a felicitation organized in his honor by the Young Lawyers Association, has claimed that the current breakdown of the rule of law is the result of certain judges failing to maintain the dignity of their profession and having no self-strength. Some judges would fall to any lowly depth for personal gains and this corruption has allowed human rights violations to flourish. Honesty and courage are essential for a judge, and that is why the people respected the judiciary. Very soon, it would not be surprising if the Army’s major generals are appointed to the Supreme Court, as the judiciary has recognized a court martial as a legitimate court of law for accused civilians, as well as military personnel.

The victims of forceful abduction and extrajudicial killings are not only ordinary people, but it has been widespread among all level of the society and some of members of the Government itself are in fear of abduction and execution. In an interview with this writer7 the President of the Urban Council, Kolonnawa, Colombo suburb, Mr. Ravindu Udaya Shantha revealed that the Government was responsible for the extrajudicial killing of his own brother, who was abducted on February 21, 2012, in a white van, as well as an endeavor to abduct him by an armed group attached to the Sri Lankan Army on 11th March 2012, in Umagiliya, Kolonnawa. There is no investigation regarding his brother’s abduction, while the Minister of Economic Development Affairs, who is the brother of the President as well as an adviser, Mr. Basil Rajapakse, unofficially informed Mr. Ravindu that his brother had been killed. There has been no investigation into the abduction of Mr. Ravindu, even after four people who were involved in the attempt were handed over to the police station in Wellampitiya. They were released on special order from the Defence Authority that same day.

Forceful abduction and extrajudicial killing have been constantly growing after the killing of former parliamentarian and an advisor to the President, Mr. Bharatha Lakshman Premachandra, as a result of internal power struggles within the ruling alliance, in Mulleriyawa, Colombo on October 08th 2011. As the Asian Human Rights Commission disclosed, all business transactions and even human transactions will suffer from the unscrupulous actions of persons who will refuse to respect the law. Already this situation exists to a large degree. Guns, goons, and the police and politicians acting illegally have a great influence on business activities both big and small. Those who have influence with the criminal elements and the politicians that support such elements will ensure that the 'cake' only belongs to them. Of course these persons will fall out with each other and resort to the same tactics against their former friends.8 Most of abductions and extrajudicial killings that have occurred recently, not only in Colombo but everywhere in the country, targeted businesses, both lawful and unlawful.

There is also the case of Mr. Mohamed Sali Mohamed Niyas, also known as “Loku Seeya”, who was abducted in a Colombo suburb by an armed gang in a white van, and then taken to an unknown location in the Eastern province where it is believed that he was tortured, killed, and his body then dumped at sea. It is questionable how such abductions can occur, taking a victim hundred kilometers away from the place where he was abducted when the abducting gang has to go through at least five major security points. The statement of the wife of Mr. Mohamed Sali Mohamed Niyas a.k.a. Loku Seeya, Mrs. K.G.C Ruika Niyas, shows the kind of gruesome murders taking place in the country. According to the post-mortem, he was strangled and his throat slit. He had also been pounded in the head and stabbed a number of times. He was also administered 3 injections of unknown chemicals. I am still unable to imagine how brutal that must have been. The body had over 100 kgs of weight strapped on to it which was wrapped with barb wire. The body was then covered with polythene and secured further with chicken fencing ( same as barbed wire) . It also had something like an anchor attached to the body. In spite of all that it washed ashore at Akkarai Paththu. The body was flown back home and the funeral proceedings were conducted.9

Meanwhile, there is no justice for the abduction and murder of the human rights activist Mr. Pattani Razeek. He disappeared on 11 February 2010. After much delay in the police investigation, his dead body was found on 28 July 2011 by the police in Kavathamunai, Oddamavadi, Valaichenai, Eastern province. It has been reported that the family and lawyer of Mr. Razeek has yet to receive the post-mortem report and the deoxyribo nucleic acid test (DNA) report that may reveal the truth behind the murder of Razeek.

It has been widely reported that the party of the ruling alliance was directly involved in an abduction and extrajudicial killing in Northern district, in the Jaffna peninsula. On the first week of March 2012, a thirteen-year –old school girl, Jesudasan Lakshmi, was abducted, raped and killed by breaking her skull using a stone, when she was on her way to the school on Delft Island, by a man who is a member of the Eelam People’s Democratic Party (EPDP), led by Douglas Devananda, who is a minister of the Government. In the beginning of the year, on January 28, 2012, there was another extrajudicial killing in Jaffna where sixteen-year-old school student Miss. Iridiyanar Sineshika, of Alwari North, Point Pedro, Jaffna was murdered. Also, on November 10, 2011, Mr. Subramanium Dayabaran (45) who was the Principal of the Karanakuri School, Kodikamam, Jaffna, was murdered. Like other parts of the country, the Jaffna peninsula remains a dangerous place, even after the elimination of the LTTE. There is still no news of Mr. Lalith Kumar and Mr. Kugan Muruganathan who were abducted at the end of last year by an armed group.

Corruption within law enforcement and police brutality towards civilians has resulted in the killing of unarmed civilians who were engaged in peaceful demonstration, due to the loss of their essential rights. The AHRC, over the past few decades, has highlighted the loss of independence of the police, and their shift by government elements towards the unlawful practice of social control and now the police have become another tool to secure the absolute power of politicians. Through the killing of a torture victim, Mr. Sugath Nishantha Fernando, who was pursuing a fundamental rights application against Negambo police, and the killing of Mr. Gerald Perera, who was a torture victim pursuing a case against several police officers at Wattala Police station, the AHRC has examined the country’s policing system and the decline of genuine investigations. Recently, the killing of Mr. Roshan Chanaka Rathnasekara, a worker at the Free Trade Zone (FTZ) in Katunayake, Colombo and the assassination of Mr. Anthony Fernando of Chilaw, who was shot dead while engaged in a peaceful demonstration against the rise in the prices of oil, reveals the changes of law and order, policy, and attitudes relating to murder and its these developments destroy faith in the country's legal system.

Nationally and internationally pressuring the Government of Sri Lanka to implement the recommendations given in the Report by the Commission of inquiry on Lessons Learnt and Reconciliation (LLRC) is essential to stop the abduction, torture, and extrajudicial killings that have become part of daily life in the island nation. The government has denied human rights to the people and identified opposition to this policy as a threat to national security and part of an international conspiracy against the country. Meanwhile, the government claims that their action plan for the protection and promotion human rights is the result of a government and people deciding to take concrete action to bring about positive change. “In developing the Action Plan, the Government assessed the measures in place to protect and promote human rights, identified areas that need improvement and have committed ourselves to improving the protection and promotion of human rights.”10 However the LLRC report highlights some important aspects of social developments in the country. Acknowledging the losses and suffering of the past and providing mechanisms for recompense, social justice and for restoration of normalcy and expressions of empathy and solidarity, are steps aimed at redress. Relationship building following violent conflict, addressing issues of lack of trust, prejudice, and intolerance whilst accepting commonalities and differences, is the essence of reconciliation.11 The culture of suspicion, fear, mistrust and violence needs to be removed and opportunities and space opened up in which people can hear each other and be heard.12

While we welcomed the draft resolution by the US on Sri Lanka, which urges the implementation of recommendations given by the LLRC, the AHRC believes that there will be little hope for the reconciliation of disordered social institutions unless the Government takes action to change the present constitution to limit the powers of the executive and respect basic law in order to restore social order. The people of Sri Lanka expect that the government of Sri Lanka will be encouraged in the Universal Periodic Review to take gradual action, not only at the legislative level, but beyond that to implement basic principles of rule of law, where complaints will be systematically investigated, and where crimes will be properly prosecuted, regardless of whether they were committed by state agencies or non-state actors.
_______________________________________________
*Stanley JassponKunitz( 1905-2005) was an American poet
** Mrs. Premasili,a Sinhalese widow. Her husband was killed in cool blood by the Sri Lanka Army, while interrogating in detention camp in 1988.
1.Address by the President MahindaRajapaksa at the ceremonial opening of Parliament, Sri Jayawardhanapura - Kotte, May 19, 2009. (http://www.president.gov.lk/speech_New.php?Id=74 )
2. The Phantom Limb: Failing Judicial Systems, Torture and Human Rights Work in Sri Lanka , Chapter 01- What is and What is Not of Human Rights in Sri Lanka , Asian Human Rights Commission (http://www.humanrights.asia/resources/books/the-phantom-limb )
3. 1978 Constitution original promulgation by the National State Assembly on 7 September 1978, by Prime Minister J. R. Jayewardene then he became first executive president of Sri Lanka. It is Sri Lanka's second republican constitution and its third constitution since the country's independence (as Ceylon) in 1948; perhaps it has been formally amended 18 times up to 2010 September.
4. The United Front ( UF) was a political alliance in Sri Lanka, formed by the Sri Lanka Freedom Party (SLFP), the Lanka SamaSamaja Party (LSSP) and the Communist Party of Sri Lanka (CPSL) in 1968. It came to power in the 1970 general election, but broke up in September 1975.
5. SRI LANKA: Abduction of a torture victim seeking judicial remedies from the Supreme Court (http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-023-2012 )
6. Sri Lanka's sinister white van abductions (http://www.bbc.co.uk/news/world-asia-17356575 )
7. Interview with Mr. RavinduUdayaShantha, Mayor, KolonnawaUC ( http://www.youtube.com/watch?v=hxBQH875bVc&feature=youtu.be )
8. Sri Lanka: It is not enough to 'cry for the country' (http://www.humanrights.asia/news/ahrc-news/AHRC-STM-155-2011/?searchterm=Bharatha%20Lakshman%20Premachandra )
9. Sri Lanka: The abduction and the brutal murder of Mohamed Sali Mohamed Niyas -- the family writes to the human rights organisations (http://www.humanrights.asia/news/ahrc-news/AHRC-STM-202-2011 )
10. Sri Lanka: The National Action plan for protection and promotion of human rights (2011 -2016)
11. The Report by the Commission of inquiry on lessons learnt and reconciliation ( LLRC), Chapter 09-173
12. ibid ( Chapter 09-174)

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SRI LANKA: Religious sisters in Sri Lanka refugee camps among Tamil refugees

Article on Asia News IT by Melani Manel Perera
Twenty nuns working in centers and hospitals around Vavuniya. Sister Fatima Nayaki, head of the group, says: "The only desire of every refugee is to begin a new life with dignity and freedom."


Colombo (AsiaNews) - For three months they have helped war refugees gathered in camps and hospitals in northern Sri Lanka. Twenty nuns of various congregations, who in May, through Caritas-Sri Lanka, responded to the government request for assistance to the so-called internally displaced persons (IDPs).

Official data report that, until mid-August, only 19 camps in the district of Vavuniya, are home to more than 79 thousand families for a total of over 246 thousand people. The sisters have lived with them and now they are describing what they saw. At first they were not allowed to enter the camps and hospitals, only after some time could they begin their work of assistance, but not without restrictions and prohibitions.

Sister Jayangika of apostolic congregation of the Carmelites, worked in a hospital in Poovarasankulam. "The health authorities would allowed us to treat only people with chickenpox. There were several pregnant women. Ten of them had lost their husbands and had only the clothes on their backs. " Sr. Jayangika adds: "They eyes were filled with tears and we wanted to cry-out from seeing them in those conditions. Of course we could not do it in front of them, so each time a scream would rise in our throats we struggled to hold back”.

Sister Fatima Nayaki, who led the group of nuns, tells AsiaNews: "The only desire of every refugee is to begin a new life with dignity and freedom. They do not want to remember what has happened to them in recent months and are struggling with their past. When they saw us they asked us to pray for them and bless them".

Sister Francisca, of the Congregation of the Holy Family, said: "The refugees are waiting for someone to come help them, bring them food, clothes. They have only rice, dhal, salt and some coconut”. In temporary shelters set up by the government to house refugees in the transition from the camps to villages of origin, there are shops and markets. But Sr. France explains that "the benches are full of fruit but is too expensive and the refugees have no money to buy it. Some collect a few coins recovering clean water, firewood or catching fish for other refugees, but never more than 10 or 15 rupees, and they use them to buy food for the children".

Many of the camps in which the sisters have provided support are huddled along the roadside. "Everyone can see them from outside - says Sr. Francisca - Hundreds of colourful huts. But the life of those who live there is not colourful at all. There are only people who mourn their children, who have been killed or have disappeared”.

In the days of the great pilgrimage to the shrine of Our Lady of Madhu the streets were full of cars and trucks. The religious women add: "Watching the pilgrims on the move was painful for many. We consoled them explaining that Madhu Amma [the Mother, ndr] knew their problems and that She was with them. On August 15, then some priests of the diocese of Mannar who had not travelled to the shrine celebrated the Mass of the Assumption in the camps with the refugees”.

The Plight of Tamil Civilians: NO CHANGE

By Chandi Sinnathurai

Countercurrents.org March 20, 2009



There is no famine of view points or opinions on this Sri Lankan dirty war on Tamil civilians. Much ink has been spilt, and inch columns have been filled by various journalists and writers. So much have been spoken by politicians, protests by activists, government and non-Governmental agencies both local and foreign. But, one thing is constant: All of these have failed to change either the mind of the Sri Lankan state or the plight of the Tamil civilians in the North.

The international community on the other hand mooted the idea of an humanitarian intervention. The grand plan was to ‘evacuate’ the civilians (around 200,000) from the Tiger pocket (35 sq km) of land. In other words, to deplete the Tigers of the so-called ‘civilian shield.’ Nothing seem to have materialised.

Tamil Tigers have repeatedly called for a ceasefire in order to kick-start negotiations. The SL Government has categorically rejected that appeal. For both India and Sri Lanka they want the Tigers disarmed. That might be the position of the international community including the UN.

In the Vanni region, there are over 330,000 Internally Displaced People without proper medical care, shelter, food, water and other necessary items.

BBC News* reported yesterday (19/03/09):

‘In addition to the war-related casualties, the lack of food, water and medical supplies left a number of children dead from acute respiratory infection and diarrhoea in the final two weeks of February,’ says James Elder, the spokesperson for Unicef, the UN children's agency.

According to BBC, Annemarie Loof, Medecins Sans Frontieres (MSF) head in Sri Lanka, is quoted to have said:

‘MSF doctors came across a mother who lived with her child inside a bunker for four months - another woman had lost her two children in the fighting, then her husband went missing after losing a leg and a hand in an artillery attack.’

The fundamental cause of civilian suffering, according to aid workers, is owing to ‘the denial of freedom of movement for people trapped…’ *MSF pointed out that, both parties need to prioritise civilian safety.

The sad fact is, the war is continuing, and daily helpless civilians are dying.

BBC News Article Civilian Misery in Northern Sri Lanka

The World Calls On UN To Stop Genocide Of Tamils In Sri-Lanka

Dr C P Thiagarajah

Countercurrents.org February 17, 2009

Robert Evans, Chairman of the European Parliament Delegation for Relations with South Asia , (according to IANS on 13 February 2009) called on UN Secretary General Ban Ki-Moon to send a peacekeeping mission as soon as possible. This clarion call is most timely in view of the non-compliance of the Govt of Sri-Lanka (GSL) to UNHRC request to abide by international war laws in protecting civilians.

About a month earlier, on 14 Jan 2009, John Holmes, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, in a debate at United Nations Security Council on the protection of civilians in armed conflict said that, the Council's focus must be on the conduct of hostilities and the need for strict compliance with international humanitarian law. In Sri Lanka , strict compliance with international humanitarian law was all the more critical with the intensification of fighting in the Vanni. Consequently humanitarian needs assessment was difficult. He was, concerned about the 350,000 civilians trapped in an increasingly confined space.

NORIHIRO OKUDA ( Japan ) emphasized at the same session at UNHRC the importance of a) protecting and empowering civilians in armed conflict from a human security perspective. b) taking care of the dire situation of vulnerable civilians in armed conflicts worldwide, including Sri-Lanka , Afghanistan , Iraq , Darfur, the Democratic Republic of the Congo and Somalia . c) stopping deliberate attacks against civilians, journalists, aid workers as well as the recruitment of child soldiers, restriction of humanitarian access and other human rights violations.

The surprising aspect of the UN declaration with the expectation that the Sri-Lankan polarised government would abide by it assiduously have had tragic consequences. It had been estimated that 2000 were massacred within the period 1 January and 15 February 2009. The scene of the carnage heaped on the Tamils by the Sinhala GSL is heart rending and cannot be looked at.

Further, Ranjith Jayasundera, a Sinhalese, in Sunday Leader of 14 December under the title “Govt's war costing more lives than in Lanka's history” revealed that the Sri-Lanka Air Force already holds the unenviable record of being the first, only and thus most frequent dropper of bombs on its own citizens, and the government would gain little from being seen in the eyes of the world as having used cluster munitions on a refugee camp as alleged by some NGOs and the LTTE.

When the GSL is not paying any attention to the UN the only remedy lies in a more united drastic action by the UN. Canada and UK had already called for such a move. Here are some of the Western parliamentarians who sincerely felt that immediate action should be taken by the UN.

Mr Bob Ray Canadian MP told The Star, on February 04, 2009 “The UN can’t allow the Sri Lankan government to say “it’s an internal matter” and stay away”.

UK Parliament had a one and a half hours adjournment debate on 5 February 2009. Jeremy Corbyn (Islington, North) (Lab):

I endorse the strength Minister’s call for a ceasefire. That said, if the Government of Sri Lanka are simply not prepared to listen to the international community's calls for a ceasefire, is it not time for some degree of sanctions, such as suspension from the Commonwealth or the suspension of military or trade agreements, to show that the rest of the world means business in trying to bring about peace in Sri Lanka?

Mr. Philip Hollobone ( Kettering ) (Con):

Is it not important for the Secretary-General of the United Nations and the head of the International Committee of the Red Cross to visit Sri Lanka as soon as possible so that they can see at first hand what is going on and have face-to-face meetings with the President of Sri Lanka?

Mr. Keith Simpson (Mid-Norfolk) (Con): we should spell out to the Sri Lankan Government the types of ultimate sanction that the international community could impose. A number of organisations could do that.

Joan Ryan (Enfield, North) (Lab): A recent report by the Genocide Prevention Project highlighted Sri Lanka as one of eight red alert countries where genocide or mass atrocities are under way or at risk of breaking out. I do not think that any of us can afford to ignore such an alert. We have said many times in the aftermath of genocide that we could have seen it coming and that we could and should have done more to prevent it. We must say and do more to prevent it from happening in Sri Lanka .

Mr. Edward Davey (Kingston and Surbiton) (LD):
I am also delighted that the Foreign Secretary achieved, through his discussion with Secretary Clinton in the United States, a joint US-UK call for a ceasefire. However, I urge the Government to go further. As I said in a letter to the Prime Minister recently, they should go to the United Nations Security Council. We need the whole international community to speak as one. We need to work for that, because the Sri Lankan Government should be in no doubt about how the international community feels.

Mr. Neil Gerrard (Walthamstow) (Lab):
Members have suggested, we should think seriously about sanctions. For years, the Government there have not been interested in listening to any criticism.

Simon Hughes ( North Southwark and Bermondsey) (LD

Said firstly Sri-Lankan government should accept the proposed ceasefire immediately, allow the presence of the UN and the relief agencies. He wanted media freedom restored because Sri Lanka has the second worst record on press freedom in the world, behind only Eritrea .

Secondly, there has to be a reference to the UN, the Commonwealth and other bodies, so that the international community can make their voices clearer. There may be a case for reference to the International Criminal Court. At least one Sri Lankan Minister is an American citizen, and there may be a war crimes issue to be dealt with.

Siobhain McDonagh (Mitcham and Morden) (Lab):

He wanted the suspension of Sri Lanka from the Commonwealth. He urged the members to do something that hurts.---We need to do something large and bold. We need to take a step.

Stephen Hammond ( Wimbledon ) (Con

We must ensure that any sanctions that we impose hurt the people we intend to hurt.

Canada parliament also took very serious decision after two and half hours debate and concluded that Tamil’s genocide be taken to UN.

Hon. Irwin Cotler ( Mount Royal , Lib.):

We must support the call for the appointment of a United Nations special envoy for Sri Lanka to monitor and guard against abuses and to assist the peace process, as has been recommended by the United Nations itself, by the United States Department of State and by other international actors. Free press be allowed unfettered access to the conflict area to report on the ground situation.

Hon. Maria Minna (Beaches— East York , Lib.

an immediate ceasefire with international monitors put in place to ensure that it is respected. The UN should appoint a special representative to monitor the ceasefire and also to start the peace talks immediately.

It is time that the Government of Canada be aggressive on this issue with the United Nations. The Security Council of the UN should also be involved

Hon. Albina Guarnieri ( Mississauga East—Cooksville, Lib.)

Canada must call for immediate posting of international observers and peacekeepers towns in the north and east . If not this tragedy will continue to reach catastrophic proportions. Canada can also demand that Sri Lanka submit fully to an international war crimes tribunal where the actions of leaders on all sides of this conflict can be investigated and judged. The suffering in Sri Lanka will continue as long as there is no legal consequence, no opportunity for justice and no international will to bring a just peace.

Mr.John Cannis : Thanks for using the true word "Genocide", pointing these statements "go nowhere", urging "we need solutions, not papers"

Hon. Jack Layton ( Toronto —Danforth, NDP)

He called for sustained effort for all possible diplomatic pressure to achieve the ceasefire. We are also calling for an immediate end to the apparent use of cluster bombs by the Sri Lankan military. We know that this is against international law. We also have to do everything we can to ensure the supply of emergency aid and access to the conflict zone for international aid organizations.

We have to use all available channels including our influence at the United Nations and at the Commonwealth to achieve these goals

Mr. Wayne Marston ( Hamilton East— Stoney Creek , NDP):

He indicated that the international community has to face the problem of the Sri Lankan government prohibition of independent journalists and human rights monitors from accessing the area of conflict. But one thing is very clear, Sri Lankan civilians are being maimed and are dying in this conflict.

Mr. Paul Dewar ( Ottawa Centre, NDP):

is it plausible for Canada to raise in the UN General Assembly the issue of ceasefire to the Security Council? How realistic is that idea, and what can we do to advance it?

U.S. Judiciary Committee Chairman and Vermont Senator Patrick Leahy said that "it is imperative that the government and the LTTE agree to an immediate ceasefire to avoid further loss of life, permit access to UN monitors and humanitarian organizations, and permit civilians to leave for areas of safety. The Obama administration, the British, Indian and other concerned governments, should be publicly urging the same,"

If no action is taken expeditiously there will be genocide of a quarter million Tamils within a week. Just look what happened in Rwanda when UN delayed action. Nearly a million Tutsi were murdered within 100 days. Will the UN take action? Yes I am sure for Ms Navaneethan Pillay, UN High Commissioner for Human Rights, in a press release issued 29 Thursday January 2009 had made it clear that the UN is aware of HR violation in Mullaitivu where GSL last battle against the LTTE is taking place. She reiterated that “it is imperative that we find out more about what exactly has been going on”.