2.2 The constitution framed by the United Kingdom government, when independence was

granted to Sri Lanka, contained Section 29, which ensured the protection of the minority

community. The Privy Council held that this section was an entrenched provision which could

not be repealed or amended by the Parliament of Sri Lanka. However, the Parliament of Sri

Lanka thereafter abolished appeals to the Privy Council. This was followed by, what was

termed a “bloodless revolution” by the government of Sri Lanka. The members, who were

elected to Parliament, at a general election, were deemed to be members of a Constituent

Assembly. The proceedings of this assembly were boycotted by the Tamil Members of the

Parliament. This Assembly framed a new Constitution, which omitted section 29 and thereby

nullified the effect of the binding order of the Privy Council.

The United Kingdom government, which had, at time of the conquest of Sri Lanka,

amalgamated the Tamil Kingdom with the other Kingdoms of Sri Lanka for administrative

convenience, had hoped that the Constitution it framed when it granted independence would

ensure justice to the Tamil Community. History has proved otherwise.

2.3 A series of riots were initiated and encouraged by the government, causing extensive death

and destruction, in order to force the Tamils to flee from their residences and occupations in the

South of Sri Lanka.

2.4 Non-violent and peaceful protests by the Tamil People for over 35 years against

discrimination, were met by violent reprisals by the government and several pacts solemnly

entered into by the government and some Tamil political parties for minimal devolution of

power, were later unilaterally abrogated by the government. These events gave rise to armed

conflict and the demand for self determination by the Tamil People.

3. The genocide, war crimes and crimes against humanity committed by the agents of the

Government of Sri Lanka are contrary to International Law and Conventions. They are also

crimes under Chapter 8, Division 268 of the Criminal Code Act (1995) of the Commonwealth

of Australia.

4. The Declaration of Principles of International Law concerning Friendly Relations and

Cooperation among States in accordance with the Charter of the United Nations, by Resolution

2625, recognized that no action would be taken which would dismember or impair the territorial

integrity or political unity of sovereign and independent states only so long as they conduct

themselves –

5. International Law also recognizes that the United Nations and the international community

would bear the “responsibility to protect” in situations in which genocide, ethnic cleansing, war

crimes against humanity are occurring or are imminent.

6. Hence, we appeal to Parliament, by the exercise of its authority and through the organs

of government to:

a. Stop all aid to Sri Lanka and encourage other countries to do likewise,

b. Take such measures as are appropriate to impose an international ban on the supply of

arms to Sri Lanka

c. Take measures as are necessary to have an international ban on travel by members of

the Government of Sri Lanka and of the armed forces, who have committed, incited,

assisted or condoned, acts constituting genocide, war crimes or human rights violations.

d. Impose economic sanctions against Sri Lanka as are deemed appropriate, and

e. Recognize the principles of equal rights and self-determination of the Tamil People

and, with the cooperation of other members of the international community, to formulate

and implement an appropriate constitutional structure, to give effect to these principles.

Yours truly

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