Sri Lanka High Commission in Ottawa

The term genocide is used to describe one of the gravest crimes against humanity, comprising of specific acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group. Therefore, the Sri Lanka High Commission in Canada notes with serious concern attempts by certain parties in Canada trying to portray the final phase of the conflict in Sri Lanka which ended in 2009 as a ‘genocide’ against the Tamil people of Sri Lanka. 

The Sri Lanka community in Canada, is multi-ethnic and multi-religious. In this context, the Private Member Bill 104 on ‘Tamil Genocide Education Week’ passed in Canadian province of Ontario has caused strain in intercommunity relations among the Sri Lankan community by the depiction of a false narrative against one community. 

In addition, while appreciating the various Canadian Government focused  programs for Sri Lankan Tamil Canadians, we are disappointed to note that on January 31, 2022, at an event  announcing  funding for Tamil students with targeted mental health and wellness programs and resources, Mr. Stephen Lecce, Ontario’s Minister of Education made comments including “we are very deliberate in our choice of words that we recognise a genocide that transpired against the innocent Tamil people” and “in a genocide that has left over 140,000 innocents perished at the hands of the regime in Colombo”. Mr. Vijay Thanigasalam, MPP Scarborough – Rouge Park, who was also present referred to “Tamil genocide’ in his remarks. 

We are appreciative that the Department of Foreign Affairs, Trade and Development in a Diplomatic Note dated 7^th April 2021 responding to a clarification stated “that the Department of Foreign Affairs, Trade and Development clarify Canada’s official position with regard to allegations of genocide in Sri Lanka, the department can officially confirm that the Government of Canada has not made a finding that there was genocide in Sri Lanka”.  Further, the Government of Canada has proscribed the Liberation Tamil Tigers Eelam Organisation (LTTE) as a Terrorist organisation.

In this background, the repeated use of the word “Tamil Genocide” only generate dissention and prejudice amongst the children and community of Sri Lankan Canadians living in Ontario. Therefore, such allegations need to be refuted in the interest of social harmony and to prevent the spread of fallacies about Sri Lanka in the international community.

During the final phase of the conflict in Sri Lanka, the government forces confronted the internationally proscribed terrorist group Liberation Tigers of Tamil Eelam (LTTE), one of the most brutal terror groups the world has witnessed. The aim of the LTTE was to divide Sri Lanka on ethnic lines and carve out a separate State. With this objective, they conducted a three decades long terrorist campaign which brought much suffering and destruction on all communities.

During the last stages of the military conflict in 2009, when the LTTE was facing inevitable defeat, it resorted to holding Tamil civilians hostage as a human shield and refused all efforts to move civilians away from conflict areas. The allegation of civilian casualties and the exaggeration of the numbers was the means by which the LTTE sought to force foreign intervention to halt the government advance. 

Nevertheless, the government forces managed to rescue approximately 290,000 Tamil civilians from the clutches of the LTTE, cared for them and resettled them. In addition, over 12,000 armed LTTE cadres were rehabilitated and released, proving thereby that the Sri Lankan government had avoided causing unnecessary deaths even among enemy combatants, not to speak of non-combatant civilians.

Therefore, there is absolutely no evidence to suggest any act and/or intent of the spurious allegations of “genocide” during the military engagement with the LTTE. Neither was there a pattern of events even to suggest “genocide”. Military experts have noted that the tactical options were, justifiable and proportionate given the situation in the last phase of the military conflict. 

Some parties, including LTTE remnant groups and sympathisers, have seized on hypothetical figures of civilian casualties contained in certain seriously flawed Reports commissioned by the UN, to push a claim of genocide of Tamil people in Sri Lanka during the final stage of the military conflict. However, not even the much disputed UN Secretary General’s Panel of Experts report (PoE) carry the accusation of “genocide” against the Government of Sri Lanka. The principal findings of the OHCHR Investigation on Sri Lanka (OISL), in 2015 in to the alleged “war crimes” of Sri Lanka does not even suggest “genocide”. 

Groups espousing the claim of genocide have seized the claim, made without any proof, in the PoE report “that there could have been as many as 40,000 civilian deaths” during the final months of the conflict.  The PoE report came up with the hypothetical figure of 40,000 civilian deaths by setting off the actual number of people finally rescued by the Sri Lanka Army which was approximately 290,000 against the hypothetical figure of 330,000 which they deemed to be the number of civilians who had been in the area (Vanni) before military operations commenced in that region. This hypothetical number of 330,000 civilians used by the PoE is a purely arbitrary construct. Nobody, in Sri Lanka or outside, really knew exactly how many civilians the LTTE was holding in captivity during those months in 2009. 

In addition, PoE report mentions a lower figure of 7,721 deaths (up until 13 May 2009) reported by the United Nations Country Team in Sri Lanka. However, this figure is later disputed by the PoE report without it explaining how it is that over 30,000 people could have been killed in the final days up until 18 May 2009 when the conflict ended, if the figure of 40,000 is ever to be correct and accurate. 

It may be noted that in July 2011, the data collected by Department of Census and Statistics of Sri Lanka in the Northern Province, found that in 2008 and 2009 when the final battles raged in the Northern Province, the total number of persons who died of causes other than natural causes, was 9,283. The field data collection required for the project, the first enumeration of its kind in that part of the country since the census of 1981, was carried out by the predominantly ethnic Tamil government employees serving in the Northern Province. The number of fatalities suffered by the Sri Lanka Army during the final war against the LTTE between July 2006 and May 2009 was 5,876. It would only be logical to assume that the LTTE would have suffered a greater number of fatalities than the armed forces of Sri Lanka, and that of those reported (9,283) to have died in the Northern Province due to other than natural causes in 2008 and 2009, the vast majority would have been LTTE cadres or those directly involved in hostilities. 

Legal experts have identified that the use of the disputed figure which is the central weakness in the PoE report, is exacerbated by the standard of proof that it professed to adopt. A non-legal analysis (‘I felt sure’, I felt reasonably confident’, I was absolutely convinced’, ‘I had my suspicions’ etc.) is used in a document dealing with alleged criminality on a major scale – that name those who may be responsible and who merit further judicial and other process. They note that international courts and tribunals have not placed reliance on reports of this nature as being probative evidence to prove allegations in trials for war crimes and crimes against humanity. 

Since the end of the conflict in 2009, Sri Lanka has pursued a policy of restoration, reparation, re –integration, rehabilitation and reconciliation within the overall concept of restorative justice.  At a time when Sri Lanka is moving ahead with these processes, certain groups, including remnants of LTTE international network, have been trying to discredit and destabilise the efforts undertaken by Sri Lanka by pushing agendas such as ‘Tamil genocide’. 

As seen in the comments made by Mr. Stephen Lecce, who cited a figure of 140,000 deaths, the contents of unverified reports have succeeded in misleading the international community and influencing opinion-formers and decision makers. If, with the passage of time, the dubious nature of the evidence on which the UN reports are based on is forgotten, their accusations, which are in fact unproven, may become potent over repeated use.

 The allegations of genocide impacts on Sri Lanka’s relations with the international community, at a time when it is engaged in a long-standing cooperation with the UN human rights mechanisms and the UN Human Rights Council and is delivering on its commitment to address accountability and reconciliation through domestic processes and institutions. 

Therefore, the High Commissioner of Sri Lanka extends an open invite to all those who are committed to the peace and reconciliation process of Sri Lanka to visit, meet and have a dialogue with him on this subject.

Sri Lanka High Commission

Ottawa

5^th February 2022

We are celebrating Sri Lanka’s 74th Independence Day. It is interesting that our celebration is held in the midst of the country facing the challenges of COVID-19 and significantly overcoming its threat with an invaluable contribution from our front line health hero's who have rendered this service while making a tremendous sacrifice. Let me congratulate them for their great and commendable service. 

With the COVID-19 Pandemic still lingering, the World at large is still facing an unprecedented crisis within its societies, with its medical, social and economic impacts affecting every aspect of daily life. We in Sri Lanka have it no different. Historically, as a Nation and courageous people, we have faced many a crisis and overcome many challenges, and we will overcome the present difficulties with the same vigor and understanding. 

It is with much joy that Sri Lanka takes this opportunity to appreciate our long standing bilateral relationship and friendship with Canada. Our diplomatic relationship was establishes in 1958 and continues to this date with the same robust and cordial relationship it started with. Over 63 years of our relationship and partnership has resulted in a mutual benefit based on commonwealth values, democratic norms and in multilateral forums. 

In my first few meetings with the Department of Foreign Affairs and Trade Development of Canada, we enjoyed sharing of prospects that are of mutual interested and offer benefits to both countries. Since Canada is committed to the INDO PACIFIC strategy, we also discussed the role of Sri Lanka as a geopolitically important maritime focal point. We also proposed the possibility of Canada as a catalyst to bring the various groups and stakeholders together to proceed with a discussion on the ongoing reconciliation process in Sri Lanka, which will contribute to peace in the South Asian and Indian Ocean region. 

H. E. the President Gotabaya Rajapaksa, while addressing United Nation assembly declared: 

“Violence robbed Sri Lanka of thousands of lives and decades of prosperity in the past half century. My Government is committed to ensuring that such violence never takes place in Sri Lanka again. We are therefore acting to address the core issues behind it. Fostering greater accountability, restorative justice, and meaningful reconciliation through domestic institutions is essential to achieve lasting peace. So too is ensuring more equitable participation in the fruits of economic development.

It is my Government’s firm intention to build a prosperous, stable and secure future for all Sri Lankans, regardless of ethnicity, religion, or gender. We are ready to engage with all domestic stakeholders, and to obtain the support of our international partners and the United Nations, in this process.” 

Here in Canada, our High Commission will be dedicated to following through with H. E. the President’s peace and reconciliation agenda, with services provided by both of our offices in Ottawa and Toronto. Today, on this historic Independence Day, on behalf of my Government I would like to invite all those who are committed to the peace and reconciliation of the Sri Lankan people to visit, meet and have a dialogue with me on this subject. Many of the best practices of peace building start with like-minded people meeting and sharing their thoughts; opening-up on prevailing issues; trying to understand and slowly build trust to meet again and again and look for opportunities to work together. By doing so, we continue to find areas in which we can cooperate and build relationships. Again, I propose the need to engage with key stakeholder communities, and to understand the sincerity of our peace and reconciliation initiative. Let me refer back to my greetings for the Thai Pongal Festival: “Sri Lanka, as a multi- ethnic and multicultural society that has over the years collectively nurtured the celebration of important festival as Thai pongal: I am happy to wish peace and good health to the Canadian Tamil community.” 

We recognize Canadians of Sri Lankan origin specifically and Sri Lanka-Canada societies, for their sacrifices, commitments and representations in National and International forums. It is also imperative to highlight the importance of all of you representing your respective ethnicities: Tamil, Muslim, Burgher and Sinhala, as you collectively support, cooperate and engage in missions related to peace and reconciliation initiatives. 

At my credential ceremony, the Governor General addressed us saying, “We all work across borders. We should always keep in mind how much we can accomplish when we put aside what divides us and focus on our common humanity.”  When I met her in person, she emphasized on the importance of learning from Canada’s Truth Commission experience and its outcome. In addition to this, I was introduced to a leading personality who was involved in the commission. Our High Commission highly appreciates her intervention and advice and promises to follow through with it. 

Our mission had several meetings with the Ceylon Chambers of Commerce and its members on possible trade, investment and business to business dialogue. As a continuation of such meetings we are in contact with Canadian business chambers and interested business houses for finalizing successful business partnerships. 

There are hundreds of Sri Lankan students who are studying in Canadian universities and our mission is to work with a few of those universities to initiate a possible collaboration with Sri Lankan universities. Interestingly, our health care workers are actively involved in the Canadian health care system and we are working with the Canadian Government to have a bilateral understanding on opening an opportunity for more Sri Lankan health care workers to come to Canada and work here. 

In 2018, Sri Lanka welcomed 50,000 tourists from Canada. With Sri Lanka’s efforts to overcome the spread of COVID-19, along with rapidly rolling out the Vaccines, Sri Lanka has currently become one of the most favored tourist destinations in South Asia. Our Mission will work with Canadian travel organizations and interested individuals to promote tourism in a more effective manner. 

Hopefully this coming year will open up many opportunities for Sri Lanka and Canada to develop new initiatives and strengthen our bilateral cooperation and enjoy person to person cooperation and experience strong solidarity.