Historical, Political & Legal Justification Of Tamils’ Right To Self-Determination
By Thambu Kanagasabai –May 8, 2016
Thambu Kanagasabai
The UN covenant on civil and political rights which came in to effect in 1966, lays down the right and principle of self-determination under Article 1 as follows:-
“All peoples have the right of self-determination. By virtue of that they freely determine their political status and thereby pursue their economic, social and cultural development”.
UN adopted this principle bearing in mind the countries whose peoples were ruled by repressive dictators or colonial masters. This provision in addition targets “all peoples”living in all countries offering them the choice to exercise this right without any political hindrance from the rulers of those countries.
The recognition of self-determination rights was first applied successfully in the 1960s to several countries ruled by colonial powers, particularly in Africa. Since then several other countries like East Timor, Kosovo, and South Sudan exercised this right and earned the international endorsement and recognition. As such, this principle now is firmly established as an international legal principle.
This scope of this UN Article thus covers peoples who are victims of state discrimination, racially or religiously massacres, genocide or facing a slow and steady extinction due to overt and/or covert measures of the governments in power.
The non-application or denial of these rights of self-determination to the Tamil people in Sri Lanka who have been subject to an agenda of genocide since independence in February 1948 is deeply disappointing and defies reasoning. This Article goes on to point out the historical, political and legal justification for the Sri Lankan Tamils to exercise this right as a matter of legal principle.
Historical Reasons
Legends of Sri Lanka mention the ‘Yakshas’ ‘Rakshas’ and Nagas as the original inhabitants of Ceylon [Now Sri Lanka] living in all parts of the country. Chronicles of Sri Lanka however point to the existence of Nagas in the periods before BC 500. Sri Lanka was then called ‘Naga Land’ and in confirmation one can mention names and various places commencing with the alphabets
