Conversion of Maaveerar Thuyilum Illams and the Erasure of Tamil Identity in Sri Lanka

Botanical Gardens or Burial Grounds?

The Conversion of Maaveerar Thuyilum Illams and the Struggle Over Memory, Rights, and Recognition in Sri Lanka

Executive Summary

The Sri Lankan government's conversion of Maaveerar Thuyilum Illams-Tamil war cemeteries-into botanical gardens has ignited profound controversy, particularly among the Tamil-speaking population of the North and East. This report investigates the facts, legal frameworks, and competing narratives surrounding these conversions, situating them within broader patterns of state policy, memory politics, and international human rights law. Drawing on government records, United Nations reports, academic analyses, Tamil civil society documentation, and media investigations, the report triangulates evidence to address three core Tamil concerns: (1) the treatment of Tamils as secondary citizens in their ancestral lands; (2) the claim to recognition as a distinct nation or people under international law; and (3) the accusation that the state is erasing the truth of Tamil history, including over 25 years of armed and political struggle.

The findings reveal a systematic pattern of destruction, militarization, and repurposing of Tamil memorial sites, often justified by the state as part of reconciliation or development. However, these actions are widely perceived by Tamils as state-sponsored ethnic cleansing and cultural erasure, violating their rights to memory, identity, and self-determination. International human rights bodies, including the UN Human Rights Council, have repeatedly called for accountability, demilitarization, and respect for Tamil memorialization rights, but implementation remains limited. The report concludes with policy recommendations for domestic and international actors, emphasizing the urgent need for truth, justice, and the protection of cultural heritage.

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Table of Contents

·       Executive Summary

·       Introduction

·       Historical Context: The Tamil Struggle and Maaveerar Thuyilum Illams

·       The Conversion of Thuyilum Illams: Facts, Sites, and Processes

·       Official Sri Lankan Government Narratives and Justifications

·       Tamil Community Perspectives and Reactions

·       Legal and Human Rights Analysis: Ethnic Cleansing, Cultural Erasure, and International Law

·       Memory Politics and the Struggle Over History

·       Forensic and Archaeological Investigations: The Case of Chemmani and Other Mass Graves

·       Comparative Table: Official Narratives vs. Tamil Community Perspectives

·       International Advocacy, Diaspora Activism, and NGO Documentation

·       Implications for Tamil Rights: Citizenship, Nationhood, and Self-Determination

·       Media Coverage and Investigative Journalism

·       Policy Recommendations and Advocacy Strategies

·       Fact-Checking and Triangulation Methodology

·       Annexes

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Introduction

The aftermath of Sri Lanka’s protracted civil conflict continues to reverberate across the island, particularly in the Tamil-majority North and East. Among the most contentious issues is the fate of Maaveerar Thuyilum Illams-cemeteries established by the Liberation Tigers of Tamil Eelam (LTTE) to honor their fallen cadres. Since the end of the war in 2009, these sites have been systematically destroyed, militarized, or, most recently, converted into botanical gardens by the Sri Lankan state¹². This transformation has been met with fierce opposition from Tamil communities, who view it as a deliberate act of cultural erasure and a continuation of state-sponsored ethnic cleansing.

This report provides a comprehensive, source-cited analysis of the conversion of Maaveerar Thuyilum Illams, integrating legal, historical, and sociopolitical perspectives. It addresses the core concerns of the Tamil community, examines the state’s official narratives, and evaluates the implications for human rights, memory, and nationhood. The report draws on a wide range of sources, including government documents, United Nations reports, academic research, Tamil civil society statements, and investigative journalism, to ensure a rigorous and balanced account.

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Historical Context: The Tamil Struggle and Maaveerar Thuyilum Illams

The Roots of the Conflict

The Sri Lankan conflict is rooted in the island’s colonial and postcolonial history, marked by the marginalization of Tamil-speaking peoples and the assertion of Sinhala-Buddhist majoritarianism. Following independence in 1948, successive governments enacted policies that disenfranchised Tamils, promoted Sinhalese settlement in Tamil-majority areas, and privileged Buddhism as the state religion³. These measures, including the Sinhala Only Act (1956) and state-sponsored colonization schemes, systematically eroded Tamil political, economic, and cultural rights.

The failure of peaceful resistance led to the emergence of armed Tamil movements, most notably the LTTE, which waged a 26-year struggle for self-determination and the establishment of an independent Tamil Eelam. The conflict culminated in a brutal military offensive in 2009, resulting in tens of thousands of civilian deaths and widespread allegations of war crimes and genocide ⁴.

Maaveerar Thuyilum Illams: Sites of Memory and Resistance

Maaveerar Thuyilum Illams (literally, "Great Heroes’ Resting Places") were established by the LTTE from the 1990s onwards as cemeteries for their fallen fighters. These sites, numbering at least 35 across the North and East, became central to Tamil rituals of mourning and remembrance, particularly during Maaveerar Naal (Great Heroes’ Day) on November 27⁵. The burial of LTTE cadres, often accompanied by the planting of memorial stones (Nadukkal), drew on ancient Tamil warrior traditions and symbolized the continuity of the struggle.

The Thuyilum Illams were not merely burial grounds but embodied the collective memory, sacrifice, and aspirations of the Tamil nation. They served as focal points for annual commemorations, bringing together families, communities, and the broader diaspora in acts of remembrance and resistance ².

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The Conversion of Thuyilum Illams: Facts, Sites, and Processes

Systematic Destruction and Repurposing

Following the military defeat of the LTTE in 2009, the Sri Lankan state embarked on a systematic campaign to destroy, desecrate, or repurpose Maaveerar Thuyilum Illams. According to Tamil Genocide Memorial and multiple human rights reports, at least 33 cemeteries were bulldozed, with some sites subsequently occupied by military installations or converted into Buddhist shrines¹⁶. The destruction was often accompanied by the removal of gravestones, the use of rubble for construction, and the criminalization of commemorative activities.

In recent years, the state has initiated the conversion of several Thuyilum Illams into botanical gardens, presenting this as part of a broader strategy of development and reconciliation. Notable examples include the Koppay Thuyilum Illam in Jaffna, now the site of the Sri Lankan Army’s 51 Division base, and the Alampil Thuyilum Illam in Mullaitivu, where attempts have been made to transfer ownership to the military under the guise of land surveys⁷.

Case Studies

·       Koppay Thuyilum Illam (Jaffna): Once the resting place of over 2,000 LTTE cadres, the cemetery was destroyed in 1995, rebuilt during the 2002 ceasefire, and bulldozed again in 2010. The site now hosts a major army base, with families forced to commemorate their dead on the roadside under military surveillance ⁶.

·       Alampil Thuyilum Illam (Mullaitivu): Residents have resisted attempts by the Survey Department to appropriate the land for military use, emphasizing its significance as a burial ground for their relatives. The site remains contested, with ongoing efforts to rebuild makeshift memorials from the rubble of destroyed gravestones ⁷.

·       Other Sites: Similar patterns of destruction and conversion have been documented at Thuyilum Illams in Kilinochchi, Trincomalee, Batticaloa, Amparai, Mannar, and Vavuniya, among others ².

The Botanical Gardens Initiative

The Department of National Botanic Gardens, under the Ministry of Agriculture, has expanded its network of botanical gardens in recent years, citing objectives such as plant conservation, education, and tourism ⁸. While the department’s annual reports detail the establishment and maintenance of gardens across the island, they do not explicitly acknowledge the conversion of former war cemeteries. However, Tamil civil society and media sources have documented the renaming and repurposing of Thuyilum Illams as botanical gardens, often without consultation or consent from local communities.

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Official Sri Lankan Government Narratives and Justifications

Development, Reconciliation, and National Unity

The Sri Lankan government has consistently framed the conversion of Thuyilum Illams as part of a broader agenda of postwar development, reconciliation, and national unity. Official statements emphasize the need to transform "sites of conflict" into spaces of learning, tourism, and environmental conservation. The Department of National Botanic Gardens highlights its mission to "provide opportunities for the public to study, admire and sustainably conserve plant resources" and to "contribute to local economic and social development through sustainable tourism"⁸.

In response to criticism, government officials have argued that the repurposing of cemeteries is necessary to prevent the glorification of terrorism and to promote a unified national identity. The construction of "iconic" memorials to all victims of the conflict, rather than specific ethnic or political groups, is presented as a means of fostering collective healing and non-recurrence of violence ⁹.

Security and Legal Rationales

The state has also invoked security concerns and legal justifications for restricting Tamil commemorative practices. The LTTE remains a proscribed terrorist organization, and public displays of its symbols or rituals are prohibited under anti-terrorism legislation. Officials argue that allowing the restoration of LTTE cemeteries would risk reviving separatist sentiment and undermine national security⁵.

The legal framework governing cemeteries and burial grounds in Sri Lanka grants the Minister authority to establish, close, or repurpose burial sites, subject to certain procedural requirements¹⁰. However, the application of these laws to Thuyilum Illams-many of which were established on private or community land-remains contested.

Selective Memorialization

While Tamil memorials have been destroyed or repurposed, the state has constructed numerous victory monuments in the North and East to commemorate the military’s defeat of the LTTE. These monuments, often built on or near sites of Tamil suffering, are seen by many as expressions of triumphalism and Sinhala-Buddhist dominance¹.

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Tamil Community Perspectives and Reactions

Cultural Erasure and Secondary Citizenship

For Tamil communities, the destruction and conversion of Thuyilum Illams represent a profound violation of their rights to memory, identity, and cultural heritage. The cemeteries are not merely sites of burial but are integral to the collective history and nationhood of the Tamil people. Their erasure is perceived as an attempt to obliterate the narrative of Tamil resistance and to deny the legitimacy of their struggle for self-determination ².

Tamil civil society organizations, families of the disappeared, and political representatives have organized protests, petition drives, and international advocacy campaigns to oppose the conversions. They argue that these actions reinforce the treatment of Tamils as secondary citizens in their own ancestral lands, perpetuating patterns of discrimination, militarization, and dispossession ⁷.

The Right to Remember

Despite state repression, Tamils continue to commemorate Maaveerar Naal and to rebuild makeshift memorials from the debris of destroyed cemeteries. These acts of remembrance are often conducted under surveillance, with participants facing intimidation, arrest, or violence from security forces⁶. The persistence of these rituals underscores the resilience of Tamil identity and the centrality of memory to their ongoing quest for justice.

Internationalization of the Struggle

The denial of memorialization rights has galvanized the Tamil diaspora, leading to the construction of genocide monuments in countries such as Canada, the United Kingdom, and Australia¹¹¹². These monuments serve as sites of mourning, education, and political mobilization, challenging the Sri Lankan state’s narrative and demanding international recognition of Tamil suffering.

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Legal and Human Rights Analysis: Ethnic Cleansing, Cultural Erasure, and International Law

Definitions and Frameworks

Ethnic Cleansing is defined by the United Nations as "rendering an area ethnically homogeneous by using force or intimidation to remove from a given area persons of another ethnic or religious group." It is often accompanied by efforts to remove physical and cultural evidence of the targeted group, including the destruction of homes, monuments, cemeteries, and places of worship¹.

Genocide, as codified in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, includes acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. These acts encompass killing, causing serious bodily or mental harm, inflicting conditions of life calculated to bring about destruction, preventing births, and forcibly transferring children¹.

Cultural Erasure refers to the systematic destruction or suppression of a group's cultural heritage, memory, and identity. International human rights law, including the International Covenant on Civil and Political Rights (ICCPR), protects the rights of minorities to enjoy their own culture, profess and practice their own religion, and use their own language.

Application to the Conversion of Thuyilum Illams

The destruction and conversion of Maaveerar Thuyilum Illams meet several criteria associated with ethnic cleansing and cultural erasure:

·       Physical Destruction: The bulldozing of cemeteries, removal of gravestones, and construction of military bases or botanical gardens on burial sites constitute the removal of physical evidence of Tamil presence and history¹³².

·       Suppression of Memory: The criminalization of commemorative rituals, surveillance of mourners, and denial of access to burial grounds violate the right to remember and mourn the dead¹.

·       Denial of Identity: The repurposing of cemeteries as botanical gardens, often without consultation or consent, is perceived as an attempt to erase the narrative of Tamil resistance and to impose a homogenized national identity.

International Human Rights Bodies and Recommendations

The United Nations Human Rights Council (UNHRC), Office of the High Commissioner for Human Rights (OHCHR), and other international bodies have repeatedly expressed concern over the destruction of Tamil memorials and the denial of memorialization rights. Key recommendations include:

·       Acknowledgment of Violations: The OHCHR has called for a formal acknowledgment of past violations, including the destruction of cemeteries, and for the state to accept responsibility for the enduring impact on victims and communities¹⁴.

·       Protection of Memorialization Rights: The UNHRC has urged the Sri Lankan government to respect the right of all communities to remember their dead and to ensure that memorialization is not criminalized or suppressed⁴.

·       Accountability and Justice: International mechanisms, including the referral of Sri Lanka to the International Criminal Court (ICC), have been proposed to address ongoing impunity and to investigate mass graves and other sites of atrocity¹⁵.

The Right to Self-Determination

Under international law, "all peoples have the right of self-determination," enabling them to "freely determine their political status and pursue their economic, social, and cultural development"¹⁶. The denial of memorialization rights, coupled with broader patterns of discrimination and violence, strengthens the Tamil claim to recognition as a distinct nation entitled to self-determination.

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Memory Politics and the Struggle Over History

Competing Narratives

The contestation over Maaveerar Thuyilum Illams is emblematic of a broader "memory war" in Sri Lanka. The state’s official narrative frames the conflict as a victory over terrorism, emphasizing the heroism of the military and the unity of the nation. In contrast, Tamil communities and their allies assert a narrative of genocide, resistance, and ongoing injustice¹¹.

The destruction of Tamil memorials and the construction of state-sanctioned monuments serve to entrench the dominant narrative while marginalizing or erasing alternative histories. This selective memorialization is reinforced by the exclusion of Tamil history from school curricula, the suppression of Tamil language and culture, and the appointment of Sinhala officials to key administrative positions in the North and East¹.

The Role of the Diaspora

The Tamil diaspora has played a crucial role in preserving memory, constructing monuments, and advocating for international recognition of Tamil suffering. Diaspora-led initiatives, such as the Tamil Genocide Memorial in Brampton, Canada, provide spaces for mourning, education, and political mobilization, challenging the state’s efforts at erasure¹¹¹⁷.

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Forensic and Archaeological Investigations: The Case of Chemmani and Other Mass Graves

Chemmani Mass Grave

The Chemmani mass grave in Jaffna is one of the most notorious sites of alleged extrajudicial killings and enforced disappearances during the conflict. Initial investigations in 1998, prompted by eyewitness testimony, uncovered at least 15 skeletons, with subsequent reports suggesting the presence of hundreds more bodies¹⁵. However, government investigations have been repeatedly stalled due to lack of funding, bureaucratic obstacles, and alleged interference.

Recent discoveries of skeletal remains during construction activities have renewed calls for comprehensive excavation and international oversight. The Human Rights Commission of Sri Lanka has acknowledged the "reasonable likelihood" that the burials were unlawful and the result of extrajudicial killings¹⁵.

Other Sites

Similar patterns of obstruction and denial have been documented at other mass grave sites, including Mannar and Mullaitivu. Tamil civil society organizations have called for international forensic experts to investigate these sites and to ensure accountability for past and ongoing violations¹⁴.

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Comparative Table: Official Narratives vs. Tamil Community Perspectives

Issue/Theme	Official State Narrative	Tamil Community Perspective
Purpose of Conversion	Development, reconciliation, environmental conservation, tourism	Deliberate erasure of Tamil memory, identity, and history; continuation of ethnic cleansing
Legality and Security	Legal under national law; necessary to prevent glorification of terrorism	Violation of international law and human rights; criminalization of mourning; denial of cultural rights
Memorialization	Construction of inclusive, national monuments; ban on LTTE-specific commemorations	Right to remember specific victims and struggles; demand for restoration of destroyed cemeteries
Land Ownership and Consent	State authority to repurpose land; public interest	Lack of consultation or consent; dispossession of ancestral and community land
Impact on Citizenship and Rights	Equal treatment of all citizens; promotion of national unity	Systematic discrimination; treatment of Tamils as secondary citizens; denial of self-determination
International Law and Accountability	Compliance with domestic law; rejection of genocide allegations	Demand for international investigations, accountability, and recognition of genocide and self-determination
Diaspora and International Advocacy	Opposition to "false narratives" and "divisive" monuments abroad	Construction of genocide monuments; internationalization of the struggle for justice and recognition

Analysis:
This table highlights the deep divergence between the official state narrative and the lived experiences and perspectives of the Tamil community. While the state frames its actions as lawful and oriented toward reconciliation, Tamils perceive them as part of a broader strategy of erasure, dispossession, and denial of rights. The contestation over memory, land, and identity is central to the ongoing conflict and underscores the need for genuine dialogue, accountability, and respect for cultural heritage.

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International Advocacy, Diaspora Activism, and NGO Documentation

United Nations and Human Rights Bodies

The United Nations, through the OHCHR and the Human Rights Council, has repeatedly called for:

·       The protection of memorialization rights for all communities

·       Independent investigations into mass graves and enforced disappearances

·       The release of military-occupied land in the North and East

·       The repeal of repressive laws, such as the Prevention of Terrorism Act (PTA)

·       The establishment of hybrid or international accountability mechanisms¹⁴⁴

Despite these recommendations, implementation has been limited, with the state often resisting international scrutiny and denying visas to investigators.

Diaspora and Civil Society

Tamil diaspora organizations, such as the Tamil Genocide Memorial, Ottawa Tamil Association, and the Federation of Global Tamil Organizations, have played a leading role in documenting violations, constructing monuments, and advocating for international recognition of Tamil genocide². Their efforts have resulted in legislative victories, such as the recognition of Tamil Genocide Remembrance Day in Canada and the passage of the Tamil Genocide Education Week Act in Ontario.

Civil society organizations within Sri Lanka continue to document ongoing abuses, organize protests, and engage with international mechanisms, despite facing surveillance, intimidation, and repression.

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Implications for Tamil Rights: Citizenship, Nationhood, and Self-Determination

Secondary Citizenship and Discrimination

The conversion of Thuyilum Illams is emblematic of the broader marginalization of Tamils in Sri Lanka. Policies of land grabs, militarization, and cultural erasure reinforce the perception-and reality-of Tamils as secondary citizens in their own ancestral lands³. Discriminatory laws, underrepresentation in government, and the suppression of language and culture further entrench this status.

Recognition as a Distinct Nation

Academic and legal analyses affirm that Tamils constitute a distinct people with a unique history, language, and culture, meeting the criteria for nationhood under international law³. The denial of their rights to memory, identity, and self-determination violates international norms and perpetuates cycles of conflict and resistance.

The Right to Self-Determination

The right to self-determination, enshrined in the ICCPR and other international instruments, entitles all peoples to freely determine their political status and pursue their economic, social, and cultural development. The persistent denial of this right to Tamils, coupled with ongoing violations, strengthens the case for international intervention and support for a political solution based on self-determination¹⁶.

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Media Coverage and Investigative Journalism

Independent media, both domestic and international, have played a crucial role in exposing the destruction of Thuyilum Illams, the obstruction of forensic investigations, and the ongoing repression of Tamil communities¹⁸. Investigative reports have documented the gap between official promises of reform and the reality on the ground, highlighting the persistence of militarization, surveillance, and impunity.

However, journalists covering these issues face significant risks, including harassment, violence, and even assassination. At least 41 Tamil journalists have been killed during and after the conflict, making Sri Lanka one of the most dangerous countries in the world for media workers⁶.

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Policy Recommendations and Advocacy Strategies

For the Sri Lankan Government

1.     Immediate Moratorium on Destruction and Conversion: Halt all ongoing and planned conversions of Maaveerar Thuyilum Illams and other Tamil memorial sites pending transparent consultations with affected communities.

2.     Restoration and Protection of Memorials: Facilitate the restoration of destroyed cemeteries and ensure the protection of sites of cultural and historical significance to the Tamil community.

3.     Demilitarization and Land Return: Withdraw military installations from former cemetery sites and return land to rightful owners, in line with UN recommendations.

4.     Legal and Institutional Reform: Repeal repressive laws, ensure equal representation of Tamils in administrative positions, and protect the rights of minorities to memory, language, and culture.

5.     Accountability and Justice: Cooperate with international investigations into mass graves and enforced disappearances, and establish independent mechanisms for truth and reconciliation.

For International Actors

6.     Support for Memorialization Rights: Advocate for the protection of Tamil memorialization rights in all diplomatic engagements with Sri Lanka.

7.     International Investigations: Provide technical and financial support for forensic investigations of mass graves and other atrocity sites.

8.     Conditional Engagement: Condition aid and cooperation on measurable progress in human rights, accountability, and the protection of cultural heritage.

9.     Recognition of Tamil Nationhood: Support initiatives that recognize the distinct identity and rights of the Tamil people, including their right to self-determination.

For Tamil Civil Society and Diaspora

10. Documentation and Advocacy: Continue to document violations, preserve memory, and advocate for international recognition and justice.

11. Transnational Memorialization: Build and maintain monuments in diaspora communities to safeguard memory and educate future generations.

12. Coalition Building: Forge alliances with other marginalized groups and human rights organizations to amplify advocacy efforts.

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Fact-Checking and Triangulation Methodology

This report employs a rigorous methodology of triangulation, cross-referencing claims and data from multiple, independent sources. Primary sources include government gazettes, parliamentary debates, and official reports from the Department of National Botanic Gardens. Secondary sources encompass United Nations reports, academic research, human rights documentation, and investigative journalism. All claims are supported by at least two independent references wherever possible, with hyperlinks and APA/footnote citations provided for verification.

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Annexes

Annex 1: List of Maaveerar Thuyilum Illams by District²

·       Jaffna: Koppay, Chaatty, Kodikaamam, Uduththurai, Ellankulam

·       Kilinochchi: Theraavil, Kanagapuram, Mulankaavil

·       Mullaitivu: Alampil, Mulliyavalai, Vannivilangkulam, Aalangkulam, Manal Aaru (Punithabhoomi, Kalikkaadu), Visuvamadu, Theravil, Kodalikallu, Suthanthirapuram, Thevipuram, Iranaippaalai, Aananthapuram, Pachchaippulveli, Pasumsolai, Irattai Vaikkaal, Mullivaikkal

·       Trincomalee: Aalankulam, Periya Kulam, Thiyaakavanam, Uppaaru

·       Batticaloa: Tharavai, Thaandiyadi, Vaakarai, Kandaladi

·       Amparai: Udumpan Kulam

·       Mannar: Mullikkulam, Aatkaativeli, Pandivirichchaan

·       Vavuniya: Eechankulam

Annex 2: Excerpts from the Cemeteries and Burial Grounds Ordinance¹⁰

·       The Minister may establish, close, or repurpose cemeteries, subject to procedural requirements.

·       No land consecrated or set apart for burial may be sold or repurposed without ministerial permission.

·       Exclusive rights of burial and the right to erect monuments are protected under certain conditions.

Annex 3: Key UN Recommendations on Memorialization and Accountability¹⁴⁴

·       Formal acknowledgment of violations and acceptance of responsibility by the state and security forces.

·       Protection of the right to memorialization for all communities.

·       Independent investigations into mass graves and enforced disappearances.

·       Demilitarization of the North and East and return of land to rightful owners.

·       Repeal of repressive laws and protection of civil society actors.

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Conclusion

The conversion of Maaveerar Thuyilum Illams into botanical gardens is not an isolated act but part of a broader pattern of state policy aimed at erasing Tamil memory, identity, and claims to nationhood. This process, justified in the name of development and reconciliation, is widely perceived by Tamils as a continuation of ethnic cleansing and cultural erasure. The denial of memorialization rights, coupled with ongoing discrimination and militarization, reinforces the treatment of Tamils as secondary citizens and strengthens their claim to recognition as a distinct nation entitled to self-determination.

International human rights law, United Nations recommendations, and the persistent advocacy of Tamil civil society and diaspora organizations provide a clear framework for addressing these injustices. The path forward requires truth, accountability, and the protection of cultural heritage, grounded in respect for the rights and dignity of all communities.

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End of Report

     In solidarity,

     Wimal Navaratnam

     Human Rights Advocate | ABC Tamil Oli (ECOSOC)

      Email: tamilolicanada@gmail.com

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