Diplomatic Advocacy Dossier: Advancing Tamil Rights and Accountability at the UN General Assembly

Diplomatic Advocacy Dossier: 

Advancing Tamil Rights and Accountability at the UN General Assembly

Edited by: Wimal Navaratnam, Human Rights Activist, July 24, 2025

Background

The Sri Lankan civil war (1983–2009) ended with a brutal military campaign that crushed the Tamil separatist insurgency but at enormous human cost. In the final months of the war, tens of thousands of Tamil civilians were killed amid indiscriminate shelling of supposed “no-fire zones” and other atrocity crimes. A UN Secretary-General’s panel found credible evidence of war crimes and crimes against humanity committed by both government forces and the Tamil Tigers (LTTE), including widespread shelling of civilians, executions of surrendering persons, and the LTTE’s use of human shields. UN inquiries later acknowledged that up to 70,000 Tamil civilians may have perished in the war’s final phase. The conflict’s legacy left vast destruction, deep ethnic grievances, and thousands of missing persons.

After the war, the Sri Lankan government promised reconciliation and justice but delivered little. Domestic commissions and investigations repeatedly failed to hold perpetrators accountable, allowing a culture of impunity to take root. An internal UN review found the international community, including the UN, suffered a “systemic failure” in protecting civilians in Sri Lanka. The UN Human Rights Council (UNHRC) began addressing Sri Lanka’s accountability in 2012, adopting a series of resolutions pressing for truth, justice, and reconciliation. In 2015, under international pressure, Sri Lanka even co-sponsored UNHRC Resolution 30/1, undertaking to pursue a domestic accountability process with international participation. However, these commitments were subsequently abandoned by Sri Lankan leaders. Key wartime commanders accused of atrocities were elevated to powerful positions instead of being prosecuted. Meanwhile, Tamil civilians in the former conflict areas continued to endure heavy military presence, displacement from their lands, and the slow erosion of their cultural rights.

Today, 16 years since the end of the war, the core issues remain unresolved. No high-ranking official has been held accountable for alleged mass atrocities, and Sri Lanka’s Tamil minority still faces militarization and discrimination. Sri Lanka has the second-highest number of enforced disappearances in the world, with over 6,000 cases formally reported to the UN Working Group on Disappearances (and many more unreported). The UN High Commissioner for Human Rights warns that the government’s persistent failure to deliver justice and accountability has heightened the risk of recurrence of conflict and serious human rights violations. For the United Nations and its member states, the Sri Lankan Tamil issue has become a test case of the international community’s commitment to upholding human rights, preventing atrocities, and supporting a just peace. This dossier lays out the key arguments, evidence, and recommended actions for diplomats and policymakers to advance Tamil rights and accountability at the UN General Assembly (UNGA) – framing the case in terms of international norms and shared strategic interests.

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Key Arguments

• Justice and Accountability Uphold International Law: The egregious crimes committed during Sri Lanka’s civil war – from deliberate attacks on civilians to extrajudicial killings and mass disappearances – demand accountability under international law. The UN’s own investigations concluded that these atrocities meet the threshold of war crimes and crimes against humanity. Failing to prosecute such grave violations undermines the entire international human rights regime. UN member states have a legal and moral duty to ensure justice for the victims of mass atrocities, in line with obligations under conventions on war crimes, genocide, and human rights. Upholding accountability in Sri Lanka affirms the principle that no government can kill its own citizens with impunity.
• Preventing Recurrence and Ensuring Stability: Addressing past abuses is not only about justice for its own sake – it is a strategic imperative to prevent future conflict. Sri Lanka’s post-war trajectory shows that unresolved grievances and unchecked impunity are breeding grounds for renewed instability. The UN High Commissioner’s report warned that Sri Lanka’s failure to deal with past violations has created “early warning signs” of deteriorating human rights conditions and potential relapse into violence. By insisting on accountability and reforms, the international community can help break the cycle of ethnic tension and repression that could otherwise erupt again. Stability in the South Asia region is at stake: accountability and power-sharing will defuse Tamil discontent and remove pretexts for extremist resurgence, thereby contributing to lasting peace and security.
• Upholding International Norms and UN Credibility: The Sri Lanka case is a pivotal test of the United Nations’ credibility in enforcing global norms. After the horrors of past genocides and wars, UN member states agreed that protecting populations from mass atrocities is a collective responsibility. In 2009, the UN’s inaction in Sri Lanka was later deemed a “grave systemic failure”, spurring the UN’s Rights Up Front initiative to ensure such mistakes are not repeated. Acting on Sri Lanka now is crucial to honor the UN’s pledge of “never again.” It demonstrates that the UNGA will step up when the Security Council is paralyzed by politics. Conversely, inaction would signal that geopolitical considerations trump human rights, emboldening other regimes that commit abuses. By championing accountability for Sri Lanka, UN member states reaffirm fundamental international norms – from the Responsibility to Protect to the universality of human rights – and restore trust in the UN’s capacity to defend them.
• Protecting Human Rights and Minority Inclusion: Supporting Tamil advocacy is consistent with the UN’s core values of human rights, equality, and dignity for all. The Tamil people, as a minority who faced systematic discrimination and violence, seek guarantees of non-recurrence: justice, demilitarization of their areas, return of land, and political autonomy for their community. These goals align with international human rights standards (e.g. rights of ethnic minorities, protection from torture and arbitrary detention). By backing these legitimate aspirations, member states reinforce the message that minority rights and majority-minority reconciliation are essential for national unity – a principle applicable worldwide. Even Sri Lanka’s closest neighbors acknowledge this: India has stated that delivering a political solution that meets Tamil aspirations “contributes directly to the unity and integrity” of Sri Lanka. In sum, advocacy for Tamil rights is advocacy for the universality of human rights and an inclusive vision of nationhood that the UN espouses globally.
• Shared Geopolitical and Strategic Interests: It is in UN member states’ pragmatic interest to support accountability and reform in Sri Lanka. A post-war order built on justice and reconciliation will yield a more stable Sri Lanka that can be a reliable economic partner and contributor to regional stability. In contrast, continued turmoil or authoritarian drift in Sri Lanka could have negative spillovers – such as refugee outflows, radicalization, or increased great-power interference in the island – all of which concern neighboring states and international powers. Notably, several countries have direct stakes: India seeks stability in its backyard and has domestic pressure to protect Sri Lankan Tamils’ welfare; Western nations like Canada, the UK, and Australia have large Tamil diaspora communities and voter bases who support justice efforts; and even investor countries such as China have an interest in a peaceful environment so their investments aren’t jeopardized by unrest. By framing Tamil accountability in terms of rule-of-law governance and long-term stability, advocates can show it’s a “win-win” proposition. Supporting a credible accountability process and political reconciliation in Sri Lanka will help secure a peaceful Indian Ocean region, protect investments, and reduce the need for future costly humanitarian or peacekeeping interventions. It positions member states as partners in Sri Lanka’s stability and development, rather than outsiders – embodying the idea that upholding human rights is integral to sustainable peace and strategic security.

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Evidence of Human Rights Violations and Unaddressed Grievances

• Mass Atrocities in 2009: Independent inquiries have documented that Sri Lankan government forces unleashed relentless bombardment on civilian concentrations in 2009, causing catastrophic casualties. The UN Internal Review Panel (Petrie report) acknowledged estimates of up to 70,000 Tamil civilian deaths in the final onslaught. The UN Secretary-General’s Panel of Experts found credible allegations of intentional shelling of hospitals and food distribution lines, extrajudicial executions of surrendering LTTE fighters and civilians, and denial of humanitarian aid. These acts, alongside LTTE’s own brutal tactics (using civilians as human shields, child soldiers, etc.), amount to grave breaches of international humanitarian law. To date, not a single perpetrator of these wartime atrocities has been held accountable in a court of law.
• Entrenched Impunity and Defiance of Justice: Successive Sri Lankan governments have systematically obstructed accountability for wartime crimes. After initially agreeing in 2015 to a hybrid court with international judges, the Sri Lankan leadership quickly reneged on that pledge. Top officials openly rejected any foreign involvement in investigations. Indeed, individuals implicated in alleged atrocities were promoted: for example, Shavendra Silva, accused by UN reports of commanding units that shelled civilians, was elevated to Army Commander. The current president (as of 2020) is Gotabaya Rajapaksa, who as Defence Secretary oversaw the final war campaign and is likewise credibly accused of war crimes. Domestic mechanisms – numerous Commissions of Inquiry – have either exonerated suspects or had their findings buried. In 2020, Sri Lanka formally withdrew from the UNHRC process and dissolved the few accountability structures it had (e.g. special prosecutor’s office), signaling outright repudiation of justice efforts. This pattern of impunity is so entrenched that the UN High Commissioner concludes Sri Lanka is “in a state of denial about the past,” with accused war criminals not only unpunished but in power.
• Ongoing Human Rights Abuses: The end of the civil war did not end human rights violations against Tamils and other minorities. Post-2009, Sri Lankan security forces have been repeatedly implicated in abuses such as torture, sexual violence, and arbitrary detention of Tamils (often under draconian anti-terror laws). Sri Lanka remains one of the world’s leaders in enforced disappearances: at least 6,117 cases of disappearance are unresolved and on record with the UN, second only to Iraq globally. To this day, Tamil families of the disappeared protest weekly, demanding to know the fate of relatives who surrendered or were taken by the army in 2009. Their pleas have met silence or intimidation. Additionally, the space for dissent in Sri Lanka has shrunk; activists (especially Tamil rights advocates), journalists, and lawyers face harassment and surveillance by state agencies. Over 40 civil society groups reported being targeted by security forces in just the past few years. Military intelligence officers attend memorial events in the north, questioning participants, and organizers of peaceful Tamil commemoration ceremonies have been arrested under trumped-up charges. These ongoing violations underscore that the repression of the Tamil population is not merely a legacy issue but a current reality.
• Militarization and Land Grievances: Sri Lanka’s Northern and Eastern provinces (the traditional Tamil homeland areas) remain under an extraordinarily heavy military occupation even in peacetime. Estimates indicate that Sri Lanka stations up to 25% of its entire army in the Northern Province, an area that is home to only about 5% of the country’s population. In one district, Mullaitivu, there is at least one soldier for every two civilians living there. The military controls vast swathes of land – about 30,000 acres in Mullaitivu alone – including lands seized from war-displaced Tamil civilians. Despite government claims of releasing most land, many original owners still cannot return; their property has been fenced into High Security Zones or converted to Army-run farms, tourist resorts, and bases. This militarization bleeds into daily life: soldiers run schools and shops, monitor civil activities, and maintain checkpoints across Tamil areas. Locals report feeling like an occupied people in what should be a post-conflict reconciliation period. Demographic and cultural erosion is also a concern – e.g., state-facilitated settlement schemes and construction of Buddhist shrines by the army in historically Tamil, Hindu areas have been documented. The persistent military footprint not only perpetuates Tamil civilians’ sense of injustice and insecurity, but it also violates Sri Lanka’s commitments to demilitarize and normalize the region after war. As one report concluded, “only a serious and genuine effort at security sector reform and demilitarisation will lead to sustainable peace and stability” in these areas.
• International Assessments and UN Actions: The international community has not been blind to these issues. The UN Human Rights Council has passed no fewer than seven resolutions on Sri Lanka since 2009, reflecting broad concern over the lack of progress. In 2021, the UNHRC took the significant step of establishing a dedicated Sri Lanka Accountability Project at the Office of the High Commissioner for Human Rights – mandated to collect and preserve evidence for future prosecutions of atrocity crimes. That move was driven by findings that Sri Lanka’s domestic efforts were in utter disarray and that evidence of past crimes was at risk of being lost. UN human rights experts have consistently reported warning signs: a 2021 UN report explicitly warned Sri Lanka was on an “alarming path” toward future violations due to accelerating militarization, ethno-nationalist rhetoric, and the dismantling of checks and balances. UN High Commissioners (both Prince Zeid and Michelle Bachelet) have repeatedly called on member states to consider alternate avenues of justice – including international trials and sanctions – given Colombo’s unwillingness to genuinely cooperate. Even regional players acknowledge the problem: for instance, India has urged Sri Lanka at the UN to implement its 13th Amendment (providing provincial devolution) and respect Tamil “equality, justice, peace and dignity”, implicitly linking minority rights to stability. Several countries have begun to impose their own measures. In January 2023, Canada sanctioned two former Sri Lankan presidents, the Rajapaksa brothers, citing their role in “gross and systematic violations of human rights” during the war. Similarly, the United States has banned certain Sri Lankan military officials (including Shavendra Silva) from entry for their involvement in serious violations. This evidence of international concern and action illustrates both the growing impatience with Sri Lanka’s defiance and the willingness of states to take principled steps. However, a more coordinated and global approach – through the UN General Assembly – is necessary to truly alter Colombo’s calculations and bring about meaningful change.

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Recommendations for Action

To effectively address the above issues, UN member states – working through the General Assembly, Human Rights Council, and in capital-to-capital diplomacy – should pursue a coordinated set of actions. These recommendations aim to galvanize international efforts that are principled yet pragmatic, helping to secure justice, rights, and stability in Sri Lanka in line with UN values and member states’ interests:

1. Champion an International Accountability Mechanism: Move beyond rhetorical appeals by taking concrete steps to establish an international justice process for Sri Lanka’s mass atrocities. Member states should work collaboratively to table a resolution at the UNGA (or request via the UN Security Council) that mandates a credible international judicial mechanism – for example, referring the situation in Sri Lanka to the International Criminal Court (ICC), or creating an ad hoc International Criminal Tribunal for Sri Lanka. If Security Council action is blocked by vetoes, the General Assembly can invoke the Uniting for Peace principle to recommend such measures. The precedent exists (e.g., the General Assembly’s role in setting up the IIIM for Syria). By signalling willingness to seek justice with or without the Sri Lankan government’s consent, states apply maximum pressure on Colombo to cooperate. Key outcome: The perpetrators of war crimes and crimes against humanity – on both sides – would know they face real consequences, satisfying victims’ longstanding calls for justice and deterring future atrocity crimes.
2. Strengthen UN Oversight and Evidence Preservation: In parallel, continue to leverage the UN Human Rights Council’s tools. The OHCHR’s Sri Lanka accountability project (evidence preservation mechanism) must be robustly supported with funding and expert personnel, and its mandate renewed and expanded as needed. UNGA members can provide voluntary funding and secondment of staff to this effort. The information gathered should be regularly reported to the General Assembly and made accessible to any credible prosecutorial authorities. At the same time, encourage more countries to exercise universal jurisdiction by prosecuting Sri Lankan atrocity suspects present on their soil. Coordination through INTERPOL and sharing of evidence can make these national trials more feasible. Key outcome: Even if an international tribunal takes time to materialize, a strong evidence archive and active universal-jurisdiction cases will chip away at impunity and keep the hope of justice alive.
3. Impose Targeted Sanctions on Human Rights Violators: Member states should jointly launch a campaign of targeted sanctions against individuals and entities credibly implicated in grave abuses. Freezing assets and banning travel for top military officers and officials linked to war crimes or serious post-war violations sends a powerful message. Countries that have Magnitsky-style human rights sanctions regimes (EU, US, UK, Canada, Australia, etc.) can coordinate lists for maximum impact. The General Assembly can encourage this by formally calling on states to adopt such measures against those undermining accountability and reconciliation. Additionally, restrict Sri Lankan military participation in UN peacekeeping operations until major reforms are enacted (as recommended by the UN High Commissioner). Key outcome: The Sri Lankan leadership will feel direct consequences for shielding war criminals – increasing pressure on them to either pursue genuine domestic accountability or face growing international isolation.
4. Support Political Reform and Power-Sharing Initiatives: Addressing Tamil disenfranchisement requires a political solution alongside judicial accountability. UN member states (particularly those with influence in Colombo, like India, the US, EU, Japan, etc.) should form a diplomatic group to push for implementation of longstanding commitments such as the 13th Amendment to Sri Lanka’s Constitution (which promises devolution of power to Tamil-majority provinces). They should insist on a timeline for provincial council elections and devolution of land and police powers to local authorities in the North and East. Moreover, encourage Sri Lanka to enshrine minority language rights, protection of religious and cultural sites, and guarantees of non-discrimination in law. The UNGA can underscore these points by recognizing the link between inclusive governance and conflict prevention. Offers of technical assistance or conditional development aid could help Colombo implement these measures. Key outcome: By fulfilling Tamil aspirations for autonomy, equal rights, and security, Sri Lanka would remove the major sources of ethnic tension. This not only honors the dignity of the Tamil people but also contributes to a stronger, more unified Sri Lankan state – a point even Sri Lanka’s friends like India emphasize is in Sri Lanka’s own best interest.
5. Deploy Enhanced Human Rights Monitoring on the Ground: To protect vulnerable communities and build confidence, the UN should expand its monitoring presence in Sri Lanka’s former conflict zones. Member states can advocate (through the UNGA Third Committee or directly with the UN Secretariat) for a UN field office or at least a team of human rights monitors in northern and eastern Sri Lanka. These monitors would observe and report on ongoing issues such as land returns, military conduct, treatment of detainees, and the safety of civil society activists. If Sri Lanka’s government resists a formal UN mission, creative alternatives include establishing an international observer group in Sri Lanka via bilateral embassies working jointly, or tasking the UN Country Team with specific public reporting duties. Additionally, the General Assembly can request the UN Secretary-General to keep Sri Lanka as a standing item in his annual reports on prevention of genocide/atrocities, given the “early warning” indicators present. Key outcome: Continuous monitoring will help prevent relapse into conflict or large-scale repression by spotlighting abuses early. It also reassures Tamil civilians that the world has not forgotten their plight, potentially deterring the worst excesses on the ground.
6. Engage in Multi-Level Diplomatic Advocacy: Finally, integrate the Tamil rights and justice issue into broader diplomatic and development engagement with Sri Lanka. Member states should use every available forum – UNGA general debates, bilateral dialogues, Commonwealth meetings, Non-Aligned Movement forums – to consistently raise the importance of reconciliation and accountability in Sri Lanka. Link progress on human rights to Sri Lanka’s international image and partnerships. For instance, states can leverage Sri Lanka’s desire for economic support (IMF programs, trade concessions like the EU’s GSP+) by tying these to human rights benchmarks (e.g. repeal of abusive laws like the Prevention of Terrorism Act, release of long-term Tamil political prisoners, return of occupied lands). The aim is to make human rights a cross-cutting priority in dealings with Sri Lanka, not a siloed issue. The UNGA can encourage this by convening special sessions or side-events on Sri Lanka’s progress, ensuring it remains in the diplomatic spotlight. Key outcome: A constant, unified diplomatic front will convey that the world expects Sri Lanka to honor its commitments and international obligations. Over time, this sustained engagement – mixing pressure with incentives – can encourage Colombo to undertake the tough but necessary steps for genuine reconciliation.

By implementing the above recommendations, UN member states will be taking a principled stand that aligns with the UN Charter’s promises of justice and peace. These actions are mutually reinforcing: accountability measures will bolster prospects for political reconciliation, and vice versa, creating a virtuous cycle toward a durable peace in Sri Lanka. Crucially, this agenda is calibrated to resonate with diplomats’ concerns – it highlights rule of law, stability, and shared norms rather than solely ethnic sentiment. The tragic lessons of Sri Lanka’s war, and the persevering hopes of its Tamil survivors, now offer the international community an opportunity to demonstrate leadership. It is an opportunity to renew the UN’s commitment to prevent atrocity crimes, to support minority rights, and to strengthen a rules-based international order where justice prevails over impunity. The following table summarizes the key points and corresponding actions that UN member states should consider in their advocacy at the General Assembly:

Key Issue/Concern	Evidence / Context (Why It Matters)	Recommended Action (What UN Members Should Do)
Accountability for Mass Atrocities <br>(Unpunished war crimes from 2009 undermining justice)	– Up to 70,000 Tamil civilians killed in final war months; UN found credible war crimes by both government and LTTE.<br>– No prosecutions of perpetrators; alleged war criminals hold elite positions in Sri Lanka.	Establish an international justice mechanism (e.g. ICC referral or ad-hoc tribunal) to prosecute genocide, war crimes, crimes against humanity. <br>Use UNGA if UNSC is stalled, invoking Uniting for Peace to recommend action.
Risk of Conflict Recurrence <br>(Impunity fueling future instability)	– UN reports “early warning signs” of renewed violations due to deepening impunity, militarization, and ethno-nationalism.<br>– Victims’ anger and unresolved grievances could lead to radicalization or unrest, jeopardizing regional stability.	Maintain rigorous international scrutiny: Extend and strengthen the UNHRC-mandated evidence collection (OHCHR Sri Lanka Accountability Project). <br>Deploy on-ground human rights monitors in Tamil areas to provide early warning and deterrence.
Human Rights and Rule of Law <br>(Ongoing abuses against Tamils and others)	– 6,000+ enforced disappearances unresolved – Sri Lanka is 2nd worldwide in missing persons cases.<br>– Continued use of torture, “anti-terror” detentions, press intimidation in Tamil regions.<br>– Heavy military occupation (ratio of 1 soldier per 2 civilians in some Tamil districts) erodes civil liberties.	Press for security sector reform and demilitarization: Urge Sri Lanka to repeal repressive laws (like PTA), downsize the military footprint in minority areas, and uphold civilian rule of law. <br>Targeted sanctions: Impose travel bans and asset freezes on officials and commanders credibly accused of grave human rights violations to incentivize reform.
Tamil Minority Aspirations <br>(Political grievances and marginalization)	– Tamils lack autonomy and feel excluded from power; promised devolution under Sri Lanka’s 13th Amendment remains unfulfilled.<br>– Widespread land dispossession and cultural marginalization (e.g. state-backed Sinhalese settlements in Tamil areas) continues to cause resentment.<br>– 90,000+ war widows and countless trauma victims require acknowledgment and support.	Promote an inclusive political solution: Insist on full implementation of constitutional devolution (13A) and push for credible power-sharing with Tamil representatives. <br>Support a UN-facilitated reconciliation process – e.g. a truth commission and reparations program – that addresses victims’ needs and gives Tamils a voice in shaping post-war memory and governance.
International Norms & UN Credibility <br>(Global principles at stake)	– The Sri Lanka case is cited as a UN failure in atrocity prevention; UN’s own panel called it a “systemic failure” of the system, prompting the Rights Up Front initiative.<br>– Ongoing impunity contradicts the Responsibility to Protect (R2P) norm that all nations endorsed to prevent mass atrocity crimes.<br>– Other conflict-affected communities watch how Sri Lanka is handled as a barometer of the UN’s resolve.	Elevate Sri Lanka at UNGA: Place Sri Lanka’s human rights situation as a regular item on the General Assembly agenda or in Third Committee discussions, ensuring sustained visibility. <br>Demonstrate unity in messaging: Through resolutions and high-level statements, affirm that the UN stands with victims and that accountability and reconciliation in Sri Lanka are essential to the credibility of the UN and the integrity of international law. <br>Should the Security Council remain deadlocked, use the UNGA’s authority to recommend actions (as was done for Syria’s IIIM) – showing that multilateral action for justice is achievable even when vetoes loom.

Each of these points reinforces the central message: addressing Tamil rights and accountability in Sri Lanka is both a moral necessity and a strategic investment in international peace and security. By implementing the recommended actions, UN member states will not only answer the longstanding cries of Sri Lanka’s Tamil victims for justice and dignity, but also fortify the pillars of the rules-based order – deterring atrocity crimes, defending human rights, and proving that the global community can act decisively when national governments fail to protect their own people. The UN General Assembly, representing all nations, is the appropriate venue to build this consensus and momentum. It is time for diplomats and policymakers to move beyond complacency or fatigue on Sri Lanka’s issue and instead leverage the UNGA’s collective power to usher in a new era of accountability, reconciliation, and respect for minority rights on the island.

In summary, a principled and pragmatic diplomatic advocacy at the UN – utilizing facts, international norms, and appeals to shared interests – can persuade states that supporting Tamil justice and rights in Sri Lanka advances the very values of peace, law, and human security that the United Nations was founded to uphold. The tragedy of Sri Lanka’s Tamils, once a symbol of international inaction, can become a success story of international cooperation – but only if member states are willing to back words with deeds, and to stand firm on the side of justice. The proposals in this dossier offer a roadmap to do exactly that.

     In solidarity,

     Wimal Navaratnam

     Human Rights Advocate | ABC Tamil Oli (ECOSOC)

      Email: tamilolicanada@gmail.com

 

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