PRESIDENT OBAMA URGED TO DECLARE SRILANKA AS TERRORIST STATE

President Mr.Barack H.Obama                                                              19th Feb.2009

The White House

1600 Pennsylvania Avenue NW

Washington DC 20520

Copy to : Secretary of State Ms.Hillary Rodham Clinton

Respected President

Respected Secretary of State

KARAIKAL UNION TERRITORY STRUGGLE GROUP, from India urges the President of United States of America Mr.Barack.H.Obama to declare Srilanka as terrorist state. Srilankan state sponsors terrorism against its own Tamil civilian population, which they claim as fight against freedom fighters and its own journalists, opposition leaders and even their kinsmen with conscience for human dignity.

But in no way Srilanka can justify its terrorist attacks on Indian Tamil fishermen. Our fishermen over centuries have been pursuing their professional pursuits like free birds, and these Indian Tamils are at the receiving end of Srilankan State sponsored terrorism in mid-seas pursuing their genocide beyond borders. This is cross border terrorism.

We all know that “State Sponsors of Terrorism” is a designation applied by the United States Department of State to nations who are designated by the Secretary of State “to have repeatedly provided support for acts of international terrorism.

The list began on December 29, 1979 with Libya, Iraq, South Yemen, Syria and Pakistan and now only first 4 are in current list, excluding Pakistan.

The sanctions which the US imposes on countries on the list are: State Sponsors of Terrorism Countries determined by the Secretary of State to have repeatedly provided support for acts of international terrorism are designated pursuant to three laws: section 6(j) of the Export Administration Act, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act. Taken together, the four main categories of sanctions resulting from designation under these authorities include restrictions on U.S. foreign assistance; a ban on defense exports and sales; certain controls over exports of dual use items; and miscellaneous financial and other restrictions.

Designation under the above-referenced authorities also implicates other sanctions laws that penalize persons and countries engaging in certain trade with state sponsors.

Currently there are four countries designated under these authorities: Cuba, Iran, Sudan and Syria. The dates of declaration given in the list. Cuba March 1, 1982, Iran  January 19, 1984, Sudan,  August 12, 1993, Syria  December 29, 1979.

On Feb 7 of 2009 : The spokesman for India’s ruling Congress party  Mr.Manish Tiwari  called on the international community to consider declaring Pakistan a terrorist state in the wake of the release of Dr Abdul Qadeer Khan. “The world should now think whether to declare Pakistan a terrorist state,” Manish Tewari, the party’s spokesman, said in New Delhi. By linking his call to the release of Dr A. Q. Khan, the spokesman ensured that his words were not missed during next week’s visit to the region by US special representative Richard Holbrooke.“Pakistan is not only exporting terrorism, but also posing danger by allowing nuclear weapons to fall into the hands of terrorists,” Mr Tewari told journalists. In separate comments, Gen Deepak Kapoor, the chief of the Indian Army, said the “terror infrastructure in Pakistan is existing and active”.

Braving chilly winter, agitated Indian Americans gathered in front of the UN headquarters in mid-town Manhattan recently to demand the world body declare Pakistan a terrorist state. Raising anti-Pakistan slogans and displaying banners and placards denouncing the Mumbai terror outrage, Indian Americans alleged that almost all the major terrorists attacks of the world in recent years have their bases in Pakistan. As such it was high time the United Nations, the powerful Security Council in particular, take measure to declare it as a terrorist state. The peaceful demonstration, which lasted for about two hours, was organized by Overseas Friends of BJP (OFBJP). “Pakistan should immediately be declared as a terrorist State,” said Rajesh Shukla of the OFBJP. In a memorandum submitted to the Secretary General, Ban Ki-moon, the OFBJP urged him to take necessary action to ensure that terrorists from Pakistan do not strike again. “We urge the Security Council to immediately pass a resolution in this regard,” the memorandum said.

Taking cue from the initiatives of both the ruling party and opposition party of India, we are now raising the demand to declare Srilankan state as terrorist state by USA  and UN and urge the leadership of USA to use its clout in Security Council to impose sanctions on Srilankan Government. The public interview of Srilankan President Mahinda Rajapakshe that he will defy UN and UN has no locus standi to intervene in Srilanka, while it executes Tamils, annihilates Tamils, engage number plate-less white van attacks on its adversaries and media men in broad daylight amidst high security zones, proves that Srilanka is a Terrorist State and need to be branded so by USA and UN with imposition of sanctions.

We urge The USA President Mr.Barack H.Obama, whom 21st century sees not only a leader of a biggest democracy but a new hope, a redeemer, a savior of all oppressed, racially discriminated people in the world, where Tamils are the target of this century like Jews were the targets in 20th century, to declare Srilanka as terrorist state and impose sanction like the ones relevant in USA.

1. A ban on arms-related exports and sales.

2. Controls over exports of dual-use items, requiring 30-day Congressional notification for goods or services that could significantly enhance the terrorist-list country’s military capability or ability to support terrorism.

3. Prohibitions on economic assistance.

4. Imposition of miscellaneous financial and other restrictions, including:

Requiring the United States to oppose loans by the World Bank and other international financial institutions; Lifting diplomatic immunity to allow families of terrorist victims to file civil lawsuits in U.S. courts; Denying companies and individuals tax credits for income earned in terrorist-listed countries; Denial of duty-free treatment of goods exported to the United States; Authority to prohibit any U.S. citizen from engaging in a financial transaction with a terrorist-list government without a Treasury Department license; and Prohibition of Defense Department contracts above $100,000 with companies controlled by terrorist-list states are actions, which in whole or anyone appropriate should be imposed on Srilanka, particularly USA must stop Israel and Pakistan supplying arms to Srilankan army and through UN urge other nations including China to stop arms supply to the killer squads called army of Srilanka.

We have been urging Indian Government to sue the Srilankan Government in the International Court of Justice.  Only States are eligible to appear before the Court in contentious cases.  At present, this basically means the 192 United Nations Member States.  We are aware that  The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity. However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter; the dispute then becomes one between States. We are urging India to take the Katcha Theevu maritime boundary dispute to International Court of Justice.

Judgments delivered by the Court (or by one of its Chambers) in disputes between States are binding upon the parties concerned.  Article 94 of the United Nations Charter lays down that “each Member of the United Nations undertakes to comply with the decision of [the Court] in any case to which it is a party”. Judgments are final and without appeal.  If either of the parties challenges their scope or meaning, it has the option to request an interpretation.  In the event of the discovery of a fact hitherto unknown to the Court which might be a decisive factor, either party may apply for revision of the judgment. As regards advisory opinions, it is usually for the United Nations organs and specialized agencies requesting them to give effect to them or not by whatever means are appropriate for them.

Only States are eligible to appear before the Court in contentious cases.  At present, this basically means the 192 United Nations Member States. The Court has no jurisdiction to deal with applications from individuals, non-governmental organizations, corporations or any other private entity.  It cannot provide them with legal counseling or help them in their dealings with the authorities of any State whatever.

However, a State may take up the case of one of its nationals and invoke against another State the wrongs which its national claims to have suffered at the hands of the latter;  the dispute then becomes one between States.

Judgments delivered by the Court (or by one of its Chambers) in disputes between States are binding upon the parties concerned.  Article 94 of the United Nations Charter lays down that “each Member of the United Nations undertakes to comply with the decision of [the Court] in any case to which it is a party”. Judgments are final and without appeal.  If either of the parties challenges their scope or meaning, it has the option to request an interpretation.  In the event of the discovery of a fact hitherto unknown to the Court which might be a decisive factor, either party may apply for revision of the judgment. As regards advisory opinions, it is usually for the United Nations organs and specialized agencies requesting them to give effect to them or not by whatever means are appropriate for them.

 We bring to the notice of Indian Government about some of the recent cases before the International Court of Justice such as Maritime Delimitation in the Black Sea (Romania v. Ukraine) – Judgment of 3 February 2009. 18/12/2008 – Territorial and Maritime Dispute (Nicaragua v. Colombia)

Though with regards to maritime dispute we can urge Indian Government, for the Srilankan State sponsored attacks on Indian Tamils in international waters, we have to urge only the Members of the Security Council and UNO to brand Srilanka as terrorist state and to impose sanctions on it for violating UN directives.

Indian political parties in power in the State of Tamilnadu again and again raised the issue of Indian Tamils right to living and fishing. Tamil Nadu Chief Minister M. Karunanidhi  asked  then Prime Minister Atal Behari Vajpayee, to take up with the Sri Lankan authorities the issue of hardships faced by Indian fishermen in enjoying their traditional fishing rights in the waters around Katcha Theevu Island, The Hindu, newspaper report said. In his meeting with the Prime Minister Mr.Karunanidhi said Indian fishermen had the right to fish in the waters around Katcha Theevu Island as per the Indira Gandhi-Srimavo Bandaranaiake settlement of 1974. 

Monday, 21 July 2008  Inaugurating a fast against killing of Tamil fishermen by the Sri Lankan Navy, Tamil Nadu Chief Minister M. Karunanidhi said on Saturday that Katchatheevu was ceded to Sri Lanka, brushing aside the objection raised by the DMK government in 1974, as reported by The Hindu. Mr. Karunanidhi said though the 1974 agreement between India and Sri Lanka included the rights of the Tamil fishermen to fish in and around Katcha theevu, to pray in the church and to dry the nets, they were taken away when the Emergency was declared in the country. After the DMK government was dismissed, correspondence between Sri Lanka and India led to the rights of Tamil fishermen being deprived in 1976. 

In Indian State of Tamilnadu Opposition leader and AIADMK General Secretary J Jayalalithaa had  moved the Supreme Court to retrieve the Katchatheevu Islet from Sri Lanka. The killing of Tamil fishermen, allegedly by the Lankan Navy, on July 9 and 12 had set off a wave of protests in the coastal districts coupled with the demand to retrieve the islet which witnessed a number of shootings at fishermen from the state as well. According to the UN Convention on the Law of the Sea, territorial waters means the area from the baseline on the coast to 12 nautical miles into the sea, Jayalalithaa said, adding that as per this definition, the 285-acre, uninhabited Katchatheevu islet, lying at a distance of 11 nautical miles from Ramanathapuram, fell within Indian waters.

Sept 12 2008 Sri Lankan Foreign Affairs Minister Rohitha Bogollagama has said “Katchatheevu is a matter settled. As settled as much as Matara in the south of Sri Lanka to Sri Lanka. That’s how Sri Lanka views Katchatheevu. There is no issue. The fact that Katchatheevu is there in the northern part of Sri Lanka doesn’t mean anything. It is as much as a part of Sri Lanka in every sense of the word, so there is no further discussion needed on that.”

The ruling party of Tamilnadu and Opposition leader of Tamilnadu, a state in Indian Union have voiced concern and are trying to secure the fishing rights of Indian Tamils through representations to Indian Government and Supreme Court of India. These actions apart a reply given by the Indian Government to Indian Member of Parliament Mr. D.Raja National Secretary Communist Party of India, as told by him on January 8th January of 2008 reveals that Indian Union Agriculture Minister Sharad Pawar had written to him stating that as per the agreement the Indian fishermen can only dry their nets and offer prayers at the St Antony’s church in the island. “This position is not acceptable,” he said and wanted the Centre to renegotiate the issue and arrive at a settlement to restore the rights of Indian fishermen.

Sri Lankan government resorts  to unprovoked firing upon the Indian fishermen, resulting in the loss of lives of fishermen once in few days repeatedly for years together, the Indian government, being a party to the aforesaid agreement, was duty bound to enforce the traditional fishing right of Indian fishermen off the Katchatheevu island.

The Supreme Court of India, in a case relating to the Indo-Pakistan agreement on Berubary Union and exchange of enclaves, ruled that any ceding of Indian territory to another country resulted in “diminution of the Territory of Indian Union,” and therefore must be endorsed by Parliament through a constitutional amendment as laid down by Article 368. Since no such step was taken by the Indira Gandhi Government or any subsequent Government of India, Dr Manmohan Singh should seriously consider moving the Supreme Court to test the validity of conceding Kacha Theevu to Sri Lanka, the Opposition Leader of Tamilnadu Miss J.Jalalalitha had voiced demand and gone to Supreme Court of India. We are not debating the merits or demerits of a case pending in Indian Courts. We are just narrating the stand of various political parties of India in this regard.

Our prayers to The President is that already Former Attorney General of USA had filed 1000 page charge sheet against two American citizens for committing genocide against Tamils of Eelam who are fighting for a separate homeland.

Bruce Fein, counsel for US-based group Tamils Against Genocide (TAG), recently submitted to United States Attorney General, Mr Eric Holder, the Model Indictment charging U.S. citizen and Sri Lanka’s Defense Secretary, Gotabaya Rajapaksa, and U.S. green card holder and Sri Lanka’s Army Commander, Sarath Fonseka, for genocide, war crimes and torture against Tamils in Sri Lanka. The Counsel urged the Department to open a grand jury investigation into the crimes, based on evidence amassed in the three volume 1000-page document which the Counsel said “amply satisfies the Department’s threshold for commencing a criminal investigation.”

 But Indian Tamil fishermen, more than 1000 people have been killed in mid seas, just because they are Tamils, and this will prove beyond an iota of doubt that Srilanka pursues genocide as its goal. One of the constituents of KUTSG, Dravida Peravai is collecting facts and figures to submit in the same case, to get justice for Indian Tamil lives.

Hence we the the Karaikal Union Territory Struggle Group, a non-political peoples movement demanding separate Union Territory status for Karaikal within Unitary Indian state, in view of the economic neglect of the enclave of former French colony Pondicherry ever since its merger with India, are urging you to step in decisively. It is needless to recall that after African Negroes were liberated from the clutches of slavery, British India only supplied plantation labour to all countries to replace African slaves. When in British Parliament there were protests, the practice ceased in British India. Instead our Tamil brethren from the then French colony of Pondicherry only slaves were shipped to all Caribbean nations. That curse for Tamils continues even in this century. By genocide Srilankan Government wants to subjugate whole Tamils as slaves in their own homeland. We hope you will redeem Srilankan Tamils from slavery and write a new Profiles in Courage engraving your name in every Tamil heart and history. We only want you to follow the precedent of Franklin D. Roosevelt who brought together other nations to defeat Nazis, who wanted ethnic cleansing of Jews. It is time you take all steps to stop the genocide of Tamils and save Indian Tamil lives too lost almost once in few days for years together in the mid sea of Bay of Bengal.

With Regards

Yours sincerely

N.Nandhivarman, Hon.President

A.S.T.Ansari Babu, General Secretary.

Ki.Subramanian, Chairman,

V.S.Nallusamy Vice Chairman,

Deputy Secretary Sundarraj.

 

 

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