The Tamil National Struggle & the Indo Sri Lanka Peace Accord - An International Conference at the Middlesex Polytechnic, London 30 April & 1 May 1988Conference Resolutions 1 May 1988 Resolution 1: Right To Self Determination Resolution 2: Recognition Of Liberation Tigers Of Tamil Eelam Resolution 3: Immediate Ceasefire And Negotiations Resolution 4: Secure The Life Of Velupillai Pirabaharan Resolution 5: Political Asylum For Tamil Refugees N.Seevaratnam, Secretary General World Federation of Tamils to Indian Prime Minister Rajiv Gandhi
Resolution 1: Right To Self Determination Considering that the Tamils of Eelam are a people bound together by a shared heritage, a common culture and a common language; and Considering that the togetherness of the Tamil people has evolved in the context of a shared economic life in their homeland in the North and East of Eelam; and Considering that without a homeland they would not have become a people and that without a homeland they will cease to be a people; and Considering that the togetherness of the Tamil people has been reinforced by an ever widening and deepening national oppression by successive Sinhala governments - an oppression which has included the disenfranchisement of Plantation Tamils, state aided colonisation of the homeland of the Tamil people, the downgrading of the Tamil language and the enactment of the Sinhala Only Act, discriminatory employment policies, the inequitable allocation of resources to Tamil areas, the exclusion of eligible Tamil students from universities, the refusal to share power within the frame of a federal constitution, and the resort to state sponsored violence against the Tamil people to intimidating them into submission and which violence has led to a genocidal situation; and Considering that a people oppressed by an alien people have the inalienable and inherent right to engage in armed struggle against that oppression and recognising that this right of self determination has today become a peremptory norm of the law of nations; and Considering that the armed struggle of the Tamil people, in which thousands of Tamils have given their lives so that their brothers and sisters may live in equality and justice has cemented the togetherness of the Tamil people; and Recognising that the existential political reality today is that by any and every test, the Tamils of Eelam are a nation and that Tamil nationalism is an irresistible political force with power to direct and influence the conduct of Tamils everywhere; and Recognising the inherent and self evident justice of the claim of the Tamil people in the joint and unanimous Thimpu Declaration of July 1985, for - A. The recognition of the Tamil Nation in Eelam
- B. The recognition of the Northern and Eastern provinces as the homeland of the Tamils in Eelam
- C. The recognition of the right of self determination of the Tamil Nation in Eelam
- D. The recognition of the equal right to citizenship and other fundamental rights of all Tamils in Eelam: and
Considering that the right of self determination is the right of a people to freely choose their political status and may be exercised while remaining in association or integration with an existing state; and Recognising that peace will not come to the Indian Region without justice and that justice demands that action should be taken to secure to the Tamils of Eelam those basic and fundamental rights which spring from the inherent dignity of man because the Tamil people seek to live with dignity with their fellow men, and considering that foremost amongst those basic and fundamental rights, and from which all other rights flow, is the right of self determination of a people:
This International Conference of Delegates from more than one hundred Tamil Associations from Africa, Australia, Brunei, Canada, Europe, India, Malaysia, Middle East, Papua New Guinea, Philippines, Sri Lanka, the United Kingdom, and the United States of America, in expressing the considered will of the International Tamil Community on this 1st Day of May 1988 1. Expresses the solidarity of the International Tamil Community with their brothers and sisters in Eelam at this time of trial and tribulation; and 2. Declares the support of the International Tamil Community for the national liberation struggle of the Tamils of Eelam; and 3. Recognises the Tamils of Eelam as a nation with the right to self determination; and 4. Calls upon the Government of India, the Government of Sri Lanka, and the other member states of the United Nations as well as Non-Governmental Agencies with consultative status to support the struggle of the Tamils of Eelam for their basic and fundamental rights, including the right of self determination; and 5. Urges the International Community to assist in securing a just political settlement of the conflict in Sri Lanka on the basis of an open recognition of the political reality that there exists in Sri Lanka today two nations - the Tamil Nation and the Sinhala Nation - and that two nations may agree to live together by force of reason but cannot be compelled to live together by force of arms; and 6. Resolves that the Thimpu Declaration of July 1985 affords the only reasoned and just framework for the political settlement of the conflict in Sri Lanka.
Resolution 2: Recognition Of Liberation Tigers Of Tamil Eelam Considering that a people oppressed by an alien people have the inalienable and inherent right to engage in armed struggle against that oppression and recognising that this right of self determination has today become a peremptory norm of the law of nations; and Considering that at Thimpu in Bhutan, in July 1985, the Government of Sri Lanka participated in talks with representatives of the armed liberation organisations of the Tamils of Eelam with a view of resolving the Tamil National question and with the declared intention of abiding by any agreement that may be reached' and thereby recognised the legitimacy of the armed struggle of the Tamil people; and Welcoming the recognition given by the Government of India and the Government of Sri Lanka in the Indo Sri Lanka Accord of July 1987 to the armed liberation organisations of the Tamil people, by declaring them to be 'combatants' in the struggle of the Tamil people for their basic and fundamental rights; and Regretting the decision of the signatories to the Indo Sri Lanka Accord to call upon the combatants to surrender their arms before securing a resolution of the central issues of the Tamil National Struggle and before resolving the so called 'residual matters'; and Deploring the failure of the 13th constitutional amendment presented by the Sri Lankan Government in August 1987 to adequately address the so called 'residual matters' and the central issues of the struggle of the Tamil people which were crystallised in the joint and unanimous Thimpu Declaration of July 1985; and Welcoming the stand of Velupillai Pirabaharan and the Liberation Tigers of Tamil Eelam on the Indo Sri Lanka Accord and the 13th amendment to the constitution and agreeing with the statement of Velupillai Pirabaharan that the set of proposals envisaged in the Indo Sri Lanka Accord for the settlement of the Tamil National Question has serious limitations and therefore falls short of fulfilling the political aspirations of the Tamil people; and Condemning the action of the Sri Lankan Government in taking into custody leaders of the Liberation Tigers of Tamil Eelam in October 1987, after the declaration of the general amnesty, and in breach of the terms of the Indo Sri Lanka Accord; and Regretting the failure of the Indian Government to secure the release of the leaders of the Liberation Tigers of Tamil Eelam so taken into custody; and Mourning the consequent death in custody, of these leaders; and Condemning the subsequent widespread and indiscriminate attack by the so called Indian Peace Keeping Force on the Liberation Tigers of Tamil Eelam and on the Tamil people as an attempt by the Indian Government to bend the LTTE and the Tamil people to its will and to secure their unconditional support for the Indo Sri Lanka Accord and the 13th amendment to the constitution; and Paying homage to the heroism of the Liberation Tigers of Tamil Eelam and their leader Velupillai Pirabaharan for their uncompromising struggle to defend the basic and fundamental rights of the Tamil people and recognising that that heroism has become part of the founding memories of the Tamil Nation:
This International Conference of delegates from more than one hundred Tamil Associations from Africa, Australia, Brunei, Canada, Europe' India, Malaysia, Middle East, Papua. New Guinea, Philippines, Sri Lanka, the United Kingdom, and the United States of America, in expressing the considered will of the International Tamil Community on this 1st Day of May 1988 1. Recognises Velupillai Pirabaharan and the Liberation Tigers of Tamil Eelam as the true leaders of the Tamil National Struggle; and 2. Calls upon Tamils everywhere to strengthen the capacity of the Liberation Tigers of Tamil Eelam to further the Tamil National Struggle and to support the efforts of the Liberation Tigers of Tamil Eelam to secure the basic and fundamental rights of the Tamil people; and 3. Calls upon the Government of India, the Government of Sri Lanka, and the other member states of the United Nations as well as Non-Governmental Agencies with consultative status to recognise Velupillai Pirabaharan and the Liberation Tigers of Tamil Eelam as the true leaders of the Tamil National Struggle.
Resolution 3: Immediate Ceasefire And Negotiations Recognising the urgent and imperative need to prevent the continued suffering of the Tamil people in their homelands in Ceylon and recognising their fervent prayers for peace; and
Recognising that the Indo Sri Lanka Accord of July 1987 and the 13th amendment to the Sri Lankan constitution have failed to secure peace and normalcy in Sri Lanka; and
Considering that peace will not come to the Indian Region without justice; and
Recognising that Velupillai Pirabaharan and the Liberation Tigers of Tamil Eelam have emerged as the true leaders of the Tamil National Struggle:
This International Conference of Delegates from more than one hundred Tamil Associations from Africa, Australia, Brunei, Canada, Europe, India, Malaysia, Middle East, Papua New Guinea, Philippines, Sri Lanka, the United Kingdom, and the United States of America in expressing the Considered u ill of the International Tamil Community, on this 1st Day of May 1988 1. Calls upon the Government of India, and the Government of Sri Lanka for an immediate cessation of hostilities and to accede to the request of the Liberation Tigers of Tamil Eelam for an immediate cease-fire; and
2. Calls upon the Government of India, the Liberation Tigers of Tamil Eelam and the Government of Sri Lanka to agree on the constitution of an independent, impartial and mutually acceptable monitoring committee to monitor the cease-fire agreement; and
3. Calls upon the Government of India, the Liberation Tigers of Tamil Eelam and the Government of Sri Lanka to commence and conclude negotiations during the period of such cease-fire, with a view to reaching a political settlement of the conflict in Sri Lanka on the basis of the reasoned framework of the Thimpu Declaration which express the joint and unanimous will of the Tamil people.
Resolution 4: Secure The Life Of Velupillai Pirabaharan Paying homage to the heroism of Velupillai Pirabaharan, the leader of the Liberation Tigers of Tamil Eelam, for his uncompromising struggle to defend the basic and fundamental rights of the Tamil people as crystallised in the Thimpu Declaration; and Condemning the action of the Government of Sri Lanka in offering a reward of one million rupees for the capture of Velupillai Pirabaharan, dead or alive, and deploring the support given by the Government of India to such action:
This International Conference of Delegates from more than one hundred Tamil Associations from Africa, Australia, Brunei, Canada, Europe, India, Malaysia, Middle East, Papua New Guinea, Philippines Sri Lanka, the United Kingdom and the United States of America, in expressing the considered will of the International Tamil community on this 1st day of May 1988 1. Calls upon the Government of India and the Government of Sri Lanka to recognise that Velupillai Pirabaharan has today become the living symbol of the Tamil National Struggle and to further recognise that living symbols will not die; and 2. Calls upon the Government of India and the Government of Sri Lanka to recognise that peace will not come to the Indian Region without justice; and 3. Therefore urges the Government of India and the Government of Sri Lanka to ensure and secure the physical safety of Velupillai Pirabaharan, the true leader of the Tamil national struggle.
Resolution 5: Political Asylum For Tamil Refugees Considering that the elected President of Sri Lanka declared publicly in July 1983 that he was no longer concerned with the lives or opinion of the Tamil people; and Considering that the Tamils have suffered increasingly widespread persecution in Sri Lanka during the past decade, and that such persecution included extra judicial killings, torture, state- sponsored arson and looting of Tamil homes and businesses, and arbitrary arrest and imprisonment under the Prevention of Terrorism Act; and Considering that the International Commission of Jurists in a statement to members of the UN Sub-Commission on the Prevention of Discrimination and Protection of Minorities, in 1983, urged that the Government of Sri Lanka "should demonstrate its commitment to the Rule of Law through repeal of the Prevention of Terrorism Act which violates Sri Lanka's international obligations under the International Covenant on Civil and Political Rights to which it is a party"; and Considering that the provisions of the Prevention of Terrorism Act were described by the Chairman of British Justice in 1984 as `'a blot on the statute book of any civilised country"; and Considering that the United Kingdom Parliamentary Human Rights Group concluded in 1985 that the "Tamil minority (in Sri Lanka) is under threat" and considering that the Working Group at the second consultation of the Standing International Forum on Ethnic Conflict, Development and Human Rights declared in the Netherlands in 1986 that there was a "general consensus that within Sri Lanka the Tamils do not have the protection of law"; and Considering that Amnesty International, in 1984, 1985, 1986 and 1987, repeatedly expressed its grave concern to the Government of Sri Lanka at the continued extrajudicial killings, torture and disappearances of Tamils in Sri Lanka; and Considering that the International Human Rights Law Group in Washington concluded in 1985 that the failure to punish security force personnel implicated in violence seriously compromises Sri Lanka's international obligations and its domestic law; and Considering that despite repeated appeals from International Human Rights bodies such as Amnesty International, the International Commission of Jurists, and from regional organisations concerned with the protection of human rights such as Lawasia, the Government of Sri Lanka failed to order independent investigations into reports of torture, extrajudicial killings and disappearances of Tamils in Sri Lanka, and considering that such failure added to Tamil fears of persecution in Sri Lanka; and Considering that the 6th Amendment to the Sri Lankan Constitution in 1983 rendered it illegal for any Tamil to directly or indirectly, peacefully or otherwise, engage in any activity connected with the establishment of a separate state and thereby sought to persecute the Tamils of Sri Lanka for expressing their political beliefs, and considering that the International Commission of Jurists declared in 1984 that the said 6th Amendment was a violation of Article 25 of the International Covenant of Civil and Political Rights and a violation by Sri Lanka of its obligations under the said Covenant; and Considering that the Indo-Sri Lanka Accord of July 1987 failed to secure the repeal of the Prevention of Terrorism Act and the 6th Amendment to the Constitution, and considering that such failure added to Tamil fears of continued persecution in Sri Lanka; and Considering that despite the Indo-Sri Lanka Accord of July 1987, Amnesty International concluded in September 1987 that there was "considerable uncertainty about the safety of Tamils in Sri Lanka", and Considering that on the 10th October 1987, a widespread and indiscriminate attack was launched by the so-called Indian Peace Keeping Force on the Tamils in the North and East of Sri Lanka and on the Liberation Tigers of Tamil Eelam, who had been recognised by the Indo-Sri Lanka Accord as 'Combatants' and considering that the purpose of such war was to secure the unconditional acceptance by the Tamil people of the Indo-Sri Lanka Accord of July 1987; and Considering that in the course of such war the so-called Indian Peace Keeping Force acted in breach of the rules of international law governing the conduct of war and killed, tortured and raped Tamil civilians, destroyed Tamil civilian homes and hospitals and killed Tamil combatants instead of taking them prisoners of war and considering that the Tamil people and the Liberation Tigers of Tamil Eelam have steadfastly refused to signify their unconditional acceptance of the Indo Sri Lanka Accord of July 1987 and considering that the so-called Indian Peace Keeping Force continues to wage war in the Tamil homelands to the present day and that such war has rendered it impossible for Tamils to live freely in their homelands without fear of persecution; and Considering that during the past five years more than 125,000 Tamils from Sri Lanka have sought refuge in India, around 50,000 have sought refuge in Europe and thousands more in Australia, Canada, the United States and in many other lands; and recognising that such Tamils fear that if they return to Sri Lanka they will be persecuted for reasons of race, religion, nationality or membership of a particular social group or political opinion and in addition will become civilian victims in the war waged by the so-called Indian Peace Keeping Force; and recognising that their fear includes fear of arbitrary arrest and detention under the Prevention of Terrorism Act, fear of capture, torture and extrajudicial killing both by the so called Indian Peace Keeping Force and by the Sri Lankan State Security forces, and fear of arrest and deprivation of property under the provisions of the 6th Amendment to the Constitution and recognising that by any and every test their fear is well founded:
This International Conference of Delegates from more than one hundred Tamil Associations from Africa, Australia, Brunei, Canada, Europe, India, Malaysia, Middle East, Papua New Guinea, Philippines, Sri Lanka the United Kingdom and the United States of America, in expressing the considered will of the International Tamil community, on the 1st day of May 1988 1. Calls upon the member states of the United Nations, including the Governments of the United Kingdom, Italy, France, Switzerland, the Federal Republic of Germany, Denmark, Norway, Australia, Canada, the United States of America, and India as well as non-governmental agencies with consultative status to recognise that every Tamil from Sri Lanka who has sought asylum as a refugee has a prima facie right to refugee status and to the protection of International Humanitarian law as such refugee; and 2. Calls upon the member states of the United Nations, including the Governments of the United Kingdom, Italy, France, Switzerland, The Federal Republic of Germany, Denmark, Norway, Australia, Canada, the United States of America, and India to grant to every claimant for refugee status the right to an impartial and fair determination of his or her claim subject to a right of appeal against a negative decision to an independent review body; and 3. Requests that, pending the final determination of a claim for refugee status, in accordance with the principles of natural justice, the member states of the United Nations, including the Governments of the United Kingdom, Italy, France, Switzerland, the Federal Republic of Germany, Denmark, Norway, Australia, Canada, the United States of America, and India refrain from returning any Tamil who has sought refugee status to Sri Lanka against his or her will.
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