For twenty-six years, Tamils in Sri Lanka have been subjected to systematic violence resulting in mass casualties and deaths. However, as per international human rights organisations, the Sri Lankan government is “blocking investigations into some emblematic cases of serious violations”. This raises the question of what action has been taken to bring justice to the Tamil community in Sri Lanka.
Historically, the tensions between the Tamil and Sinhalese people started in the colonial era when a Tamil was appointed as a representative of the Sinhalese. Ultimately, this led to a public outcry and the creation of the Columbo town seat which allowed the alternation between Sinhalese and Tamil representatives. It is evident that these tensions were minor but foreshadowed the events to come.
ATROCITIES AGAINST THE TAMILS IN SRI LANKA
Discrimination against the Tamils began after Sri Lanka achieved independence in 1948, following which, the Sri Lankan Parliament passed a law named the “Ceylon Citizenship Act” which stopped Indian Tamils from obtaining official Sri Lankan citizenship. In 1956, the Official Language Act (No. 33 of 1956), popularly known as the “Sinhala Only Act” was enacted, making Sinhalese the official language, thus essentially forcing Tamils to learn and adopt it. The Sri Lankan Civil War started based on the abusive politics towards both groups that ensued after this law was passed. Subsequently, this gave rise to the Anti-Tamil pogroms that began in 1956 where countless lives were lost as the Tamils fought for their right to self-determination.
This led to the formation of the Liberation Tigers of Tamil Eelam (LTTE) which was a separatist organisation that formed in 1976 with the aim to defend Tamil dominated areas from the Sri Lankan government’s armed forces and fight for Tamil rights. It is pertinent to note that, the UN claimed that the rise of the LTTE led to “serious human rights abuses by both sides and claimed over 100,000 lives”. However, most Tamils still stand in solidarity with LTTE as well as the Transnational Government of Tamil Eelam.
In 1981, Sri Lankan forces and Sinhala mobs purposefully set fire to Jaffna Public Library which held irreplaceable Tamil artifacts which arguably points towards the use of cultural genocide against the Tamils in Sri Lanka. Prof. Virginia Leary, an eminent scholar, in her report for the International Commission of Jurists, noted that “the destruction of the Jaffna Public Library was the incident, which appeared to cause the most distress to the people of Jaffna”.
Thereafter, 1983 witnessed the anti-Tamil pogrom “Black July” which led to the deaths of approximately 3000 Tamil people over the course of a week which in turn triggered a violent war that lasted until 2009, the official death count of which is still unknown. During this, fighting in no-fire zones, rape, and the use of forced disappearances was used. However, the war did not settle tensions in Sri Lanka with instances such as stirring fear at voting polls continuing even after the war ended.
INTERNATIONAL PERSPECTIVE
From 2003 to 2007, UN special rapporteurs pressed for a human rights operation in Sri Lanka, however this failed to materialise. Further, this could have been detrimental to the survival of civilians, especially in the midst of war.
Controversially, Professor Francis Boyle, an influential human rights lawyer, stated that “BKM (Ban Ki-moon) had the legal authority and the responsibility to act and he failed and refused to do that”, which causes us to question the purpose of the UN during this period and whether it had acted in its full capacity.
In August 2009, a series of footage from different Sri Lankan militants was aired by Channel 4, a British television network, which depicted scenes of brutal killings against naked Tamils. The Sri Lankan government denied the authenticity of the footage, however, a UN spokesperson stated that “the video was authentic”.
In November 2010, more footage revealed the same depictions as well as the identification of a female Tamil Tiger journalist within the same footage.
The UN’s refusal to produce a report detailing the genocide in Sri Lanka due to a “change in context in Sri Lanka” sparked outrage in 2015. Recently, in October 2021, a submission was made to the International Criminal Court (ICC) calling on the Chief Prosecutor to investigate crimes against humanity against Tamils in Sri Lanka, which was backed by international human rights organisations such as Amnesty International and Human Rights Watch. However, it has been noted that this legal process will be slow. The ideal desired outcome from the perspective of the Tamil community would be convictions and life sentences for senior Sri Lankan government officials including its President, Gotabaya Rajapaksa.
Years later, the struggle for charges to be pressed against the Rajapaksa brothers is still ongoing, with the UN yet to act on any charges. It is unclear whether the Tamils will receive justice but the Tamil community continues its fight for acknowledgement of the genocide and justice for its victims.
Charlotte is currently a student who aspires high in her academics. She is a strong critical thinker with strong attainments in sociological and political subjects.