Eelam Tamils have a long history of being subjected to disenfranchisement and human rights violations. When the war ended in 2009, the Sri Lankan government seized the opportunity to oppress Eelam Tamils further by detaining displaced persons in detention camps. Many of them were subjected to rape, torture, and inhumane and brutal treatment. The death toll and the blatant genocidal acts of the Sri Lankan government against Eelam Tamils over the 26 years of war and at the camps is clearly demonstrated in the discovery of roughly 32 mass graves.
Tensions still exist in the country, with a heavy military presence in the Tamil northern and eastern areas of Sri Lanka. In 2022, it was recorded that there was a ratio of one soldier to every four civilians, enabling de facto authority in the north.
Intimidation tactics by the Sri Lankan government serve to silence civilians in Sri Lanka and abroad from speaking up against any mistreatment. However, recent disturbing reports are emerging, with incidents of arbitrary detainments, religious persecution, land grabbings, police brutality, torture and murder.
Recently, shocking reports emerged of a mother and her baby being assaulted by the Sri Lankan police. Earlier this year, eight individuals and a priest were arbitrarily detained and assaulted for simply worshipping and celebrating a religious festival at the Vedukkunaari Hindu temple. In 2023, a student named Alex Nagarasa had been arbitrarily detained and tortured at a local police station. Like many youth of today, Alex took to social media to reveal his torture. He was subsequently brutally murdered.
Earlier this year, mothers of victims of enforced disappearances were arrested and arbitrarily detained for merely continuing in their protest. There have been numerous accounts recorded by the UN of intimidation, harassment and surveillance towards victims and victims' families, who live in constant fear of repercussions.
There is a complete lack of support for victims, especially for families of enforced disappearances. Rudimentary mechanisms have been put in place, such as the OMP, which lacks the resources, capacity and powers to investigate. At the heart of this issue is the lack of independence and the impunity for perpetrators. War criminals have not only received impunity; many have been promoted to high-ranking or prominent positions in government, which has subsequently heavily influenced the judiciary.
The Sri Lankan government has not resolved the issue of its draconian Prevention of Terrorism Act and the anti-terror bill, which the UN has recognized as being in direct violation of several UN human rights conventions. The enactment of additional draconian laws, such as the Bureau of Rehabilitation Act, the NGO registration and supervision act, and the Online Safety Act, further enables the arbitrary detainment of individuals and the persistent monitoring by the Sri Lankan government over civil society groups. Such draconian laws serve as legislative tools to quash dissent and diminish fundamental freedoms for Eelam Tamils in Sri Lanka and abroad.
The Sri Lankan government has attempted to silence diaspora globally. Victims of the Sri Lankan government’s atrocities who come forward to share their testimonies are often subjected to retaliation, with family members back home put under surveillance, threatened and intimidated.
Civil society groups significantly operate with a sense of fear, as the Sri Lankan government regularly publishes gazettes that include the names of foreign nationals known to oppose the regime, labelling them as terrorists. Many diaspora Tamils have experienced issues travelling to other countries and being denied entry, or have been mistreated upon entry to Sri Lanka, with arbitrary detainment, police brutality, torture and other inhumane practices as a means of global intimidation.
We would like to present four key recommendations.
First, Canada should actively support the work of the UNHRC Sri Lanka accountability project and advocate to broaden its mandate.
Second, Canada should broaden its sanctions to include more individuals linked to the Sri Lankan government.
Third, many civil society groups, including the Tamil Rights Group, have called on the Canadian government to pursue legal action at the ICJ.
Finally, the Tamil Rights Group has formally requested Canada to support its article 15 submission to the ICC.
Thank you.