Recognition and Protection of the Eelam Tamils as an Indigenous People in Sri Lanka

 

Lessons for Eelam Tamils from the Naga Struggle

1. Approve the Conflict as an Indigenous Rights Issue

• The Nagas have successfully positioned their struggle within the framework of Indigenous rights, not just ethnic or separatist politics.
• Eelam Tamils could similarly emphasize their distinct cultural, linguistic, and historical identity, rooted in pre-colonial sovereignty, to assert Indigenous status under international law.

2. Leveraging UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples)

• Article 36 of UNDRIP protects cross-border Indigenous relations, which the Nagas invoked to challenge the Indo-Myanmar fence.
• Eelam Tamils could invoke Articles 3 (self-determination), 26 (land rights), and 27 (redress for dispossession) to frame their claims for autonomy and restitution.

3. International Advocacy and Alliances

• The Nagas have gained support from the Unrepresented Nations and Peoples Organization (UNPO) and raised their concerns at UNPFII and EMRIP.
• Eelam Tamils could strengthen their global voice by engaging with similar bodies and building coalitions with other stateless or marginalized Indigenous groups.

4. Challenging Colonial Borders

• The Nagas argue that the Indo-Myanmar border was arbitrarily drawn, dividing their ancestral lands.
• Eelam Tamils can similarly highlight how British colonial amalgamation of Tamil and Sinhalese kingdoms erased Tamil sovereignty—a key point in asserting historical legitimacy.

5. Peaceful Dialogue and Legal Frameworks

• The Nagas continue to push for implementation of the 2015 Framework Agreement with India.
• Eelam Tamils could advocate for renewed international mediation, referencing past agreements like the Ceasefire Agreement (2002) and the Vaddukoddai Resolution (1976).

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Can the Legal Process Be Based on International Law?

Yes—but with caveats. Here's how:

Legal Basis	Relevance to Eelam Tamils	Challenges
UNDRIP	Supports self-determination, land rights, cultural preservation	Not legally binding unless domesticated by states
ICCPR & ICESCR	Article 1 affirms right to self-determination	Sri Lanka has ratified these, but enforcement is weak
Customary International Law	Historical sovereignty and identity may support claims	Requires consistent international recognition
UN Charter (Art. 1)	Promotes friendly relations based on self-determination	Political will of UN member states is crucial

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Final Thought

The Naga struggle shows that international law is a powerful tool, but only when paired with persistent advocacy, historical clarity, and global solidarity. Eelam Tamils have a compelling case rooted in centuries of distinct identity and governance. The key is to reframe the narrative—from a civil war to a denied Indigenous right to self-determination.

     In solidarity,

     Wimal Navaratnam

     Human Rights Advocate | ABC Tamil Oli (ECOSOC)

      Email: tamilolicanada@gmail.com

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⚠️ Disclaimer for Readers

This document is intended for educational and advocacy purposes. It draws parallels between Indigenous struggles globally, especially between the Naga and Eelam Tamil experiences, to inform constructive dialogue. The views expressed do not reflect the official positions of any government or international institution. Readers are encouraged to engage critically and consult primary legal instruments and treaties for further research.

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📝 Editor's Note

In light of evolving global discourse on Indigenous rights, this piece offers a strategic lens through which the Tamil conflict can be reconsidered—not as merely ethnic strife, but as a denial of long-standing Indigenous identity. The lessons drawn from the Naga movement highlight innovative legal avenues, international alliances, and historical re-narrativization that may be relevant to Eelam Tamils today. Our hope is to contribute meaningfully to conversations on justice, dignity, and recognition for stateless peoples worldwide.

🔍 Research Methodology

This analysis was developed using a comparative, interdisciplinary approach:

• Primary Legal Frameworks Consulted:
• United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
• International Covenants: ICCPR & ICESCR
• UN Charter
• Customary International Law principles
• Sources and Case Studies:
• Documentation from Naga advocacy organizations (e.g., Naga Hoho, UNPO)
• Past agreements: Indo-Naga Framework Agreement (2015), Sri Lankan Ceasefire Agreement (2002), Vaddukoddai Resolution (1976)
• Statements and submissions to UNPFII and EMRIP
• Analytical Tools Used:
• Cross-border Indigenous identity frameworks
• Sovereignty and decolonial theory
• Historical legal contextualization of colonial border-making
• Limitations:
• Some data points and interpretations rely on publicly available NGO reports and academic literature, which may not be universally peer-reviewed.
• Legal applicability varies based on the domestic incorporation of international law.