Why Sri Lanka is Severing TiesBetween Tamils at Home and Abroa

BY J. S. TISSAINAYAGAM

APRIL 21, 2014

Days after the U.N. Human Rights Council in Geneva adopted a resolution calling for an international inquiry into war crimes in Sri an!a" the Colom#o government #egan moving to cut lin!s #etween the country$s %amil minority and its powerful diaspora. %he %amil diaspora" many of whom were driven out of Sri

an!a due to atrocities committed #y government troops and re#el i#eration %igers of %amil &elam ' %%&( fighters" is e)pected to play a prominent role in presenting evidence at the inquiry" e)pected to #egin later this year. %he Human Rights Council resolution was sponsored principally #y the United States" after Sri an!a showed mar!ed unwillingness to esta#lish a credi#le domestic investigation into grave human rights violations that occurred during the final months of the civil war that ended in *ay +,,-. Sri an!a$s civil war #egan in the late .-/,s. 0fter enduring decades of discrimination #y numerically larger Sinhalese over language" employment" and education" and then violent race riots" %amils e)changed passive resistance for armed violence and changed their political demands from federalism to secession. %his em#race of violence led to the #irth of the %%&" a re#el group that is charged with heinous crimes against civilians" including suicide #om#ing. %he %amil diaspora" said to now total over . million" is concentrated in 1ndia" &urope" North 0merica" and 0ustralia. %he #ul! of %amilsemigrated after the race riots of .-23. %he diaspora played an important role in the 3, years of armed conflict. 0lthough #y no means homogeneous" the group tended to have largely pro4 %%& affiliations #efore +,,-. %he re#els used the diaspora to recruit cadre" procure arms" and finance their movement. 5ollowing the demise of the %%& as a fighting machine in +,,- and Colom#o$s continuing human rights violations" many diaspora organi6ations #egan focusing on holding perpetrators of war crimes accounta#le and using democratic means to find a political solution to the Sri an!an conflict. %hese diaspora institutions function openly and follow the laws of the lands they are headquartered in" #e it &urope" Canada" or the United States. %amils #oth in Sri an!a and a#road continue to have strong fraternal ties7 not only do diaspora %amils empathi6e with the loss and suffering of their #rethren at home who are governed #y a repressive military regime" #ut they also support mem#ers of their e)tended family and community financially. %he diaspora also succours new waves of %amil refugees. *any %amil diaspora organi6ations also do politically4focused wor!" documenting human rights violations to facilitate accounta#ility and 8ustice. %his testimony aided the United States in pushing through the U.N. Human Rights Council resolution.

9n 0pril +" the Sri an!a government moved to #rea! the lin!s #etween %amils in the country and the diaspora #y introducing regulations that named .: organi6ations and ;+; individuals in the diaspora as financiers of terrorism. %he regulations also free6e the financial assets that those on the list hold in Sri an!a. %he regulations are derived from the U.N. Security Council Resolution .3/3 of +,,." which requires countries to free6e the assets of those <who commit or attempt to commit terrorist acts.= >hile the regulations state the listed organi6ations are #eing penali6ed for terrorism financing" their #roader effect is to prevent %amils in Sri an!a from using the diaspora as a conduit to alert the world a#out human rights violations. %hese measures aim to isolate %amils living within the country from those a#road. Under Sri an!a$s draconian ?revention of %errorism 0ct '?%0(" Sri an!ans with ties to an organi6ation allegedly lin!ed to terrorism can #e charged for aiding and a#etting terrorism and" if convicted" imprisoned for +, years. %he ?%0 defines terrorism e)tremely #roadly. 0ny Sri an!an spea!ing to a diaspora organi6ation or individual listed for financing terrorism can #e charged with aiding terror. %he regulations also prevent political parties and civil society organi6ations that are sponsored #y the %amil diaspora from traveling overseas for conferences" pu#lic meetings" and fundraisers. 1n many of these meetings" %amil politicians and activists e)change ideas and harness the support of the %amil diaspora for programs related to democracy and human rights in Sri an!a. %he diaspora has also wor!ed hard for post4war reconciliation #etween Sinhalese and %amils. 5or instance" the @ritain4#ased Glo#al %amil 5orum 'G%5( has wor!ed closely with the Sri an!an government" with the principal %amil political party A the %amil National 0lliance A and with South 0frica for reconciliation through transitional 8ustice. G%5 was #anned under the regulations. %he Sri an!an government$s regulations are also aimed at discrediting the listed organi6ations and individuals #y la#eling them financiers of terrorism. 5or this purpose" Sri an!a is diligently attempting to use U.N. resolution .3/3 to free6e the assets and financial resources of persons and organi6ations on its list" #ut outside of the country. %o successfully enforce the Sri an!an #an internationally" the government will have to provide credi#le evidence that these organi6ations and individuals are involved in terrorism. %hat has not yet occurred. 1n the meantime" however" Colom#o will still try to use its diplomatic leverage to undermine these organi6ations and individuals in the countries where they wor! and live. %his is li!ely an attempt to discredit the United

Nations$ inquiry #y calling into dou#t the rectitude of the witnesses appearing #efore it. Supporters of the Sri an!an government have used similar tactics to try to discredit diaspora organisations in the past. 9ne target was the %ransnational Government of %amil &elam '%G%&(" a democratically4elected parliament in e)ile" and its head Bisuvanathan Rudra!umaran. 1n +,,-" a group of Sri an!ans accused him of lin!s to %%& terrorists#ecause he was a participant during peace tal!s #etween the government and the %%& in +,,:" #ut the charges did not stic!. @oth Rudra!umaran" a lawyer in New Cor!" and the %G%&" which continues to function in the United States and elsewhere" were accused of financing terrorism in the Sri an!a government list that was announced in 0pril. %he Canadian %amil Congress 'C%C( was also included in the list. 1n Canada this 5e#ruary" the Superior Court of 9ntario awarded the C%C damages when it successfully sued Rohan Gunaratna" a Sri an!an terrorism e)pert" for defamation. Gunaratna had descri#ed the organisation as <an %%& front.= Colom#o$s move to list organi6ations and individuals in the %amil diaspora as financiers of terrorism has one motiveD to silence %amil voices #oth within the government$s 8urisdiction and overseas. @y doing so" the government hopes to prevent them from contri#uting to the international inquiry and there#y avoid accounta#ility. %amils within Sri an!a and in the diaspora are vigorously preparing to push #ac! against Colom#o. @ut other countries too" have a responsi#ility to call the Sri an!an government$s #luff and ensure the U.N. Human Rights Commission$s resolution for a credi#le" independent inquiry is successfully implemented. E. S. %issainayagam is a Sri an!an 8ournalist now #ased in >ashington" D.C.