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International Law Implications of Canadian Parliament’s Motion on ‘Tamil Genocide’

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By Dharshan Weerasekera

On 18 May 2022, the Canadian House of Commons adopted without opposition a motion introduced by Rep. Gary Anandasangaree recognising 18 May of each year as “Tamil Genocide Remembrance Day” (www.parliament.ca). This follows a Bill adopted by the Ontario legislature in May 2021 calling for the week following May 18th of each year to be celebrated as “Tamil Genocide education week.” However, the Ontario legislature is a provincial body and its actions do not carry the same weight as a national legislature.

The fact that purported ‘Tamil genocide’ in Sri Lanka has been recognised by the Canadian national legislature carries international implications. Most critics of the motion dismiss it as an attempt by the Canadian lawmakers to pander to a vocal minority. However, recognition by the national legislature of a foreign county that genocide is taking place in Sri Lanka has very serious consequences to this country. Unfortunately, there has been little or no discussion on this issue in local newspapers or academic journals and it is in the public interest to begin one.

In this article, I shall briefly discuss, i) the lack of evidence for Tamil genocide, ii) the gravity of what the Canadian legislature has done , iii) the illegality of the act, iv) address two objections and draw the relevant conclusions

The lack of evidence for Tamil genocide

I have discussed at some length the lack of evidence for Tamil genocide in Sri Lanka in an article titled, “Ontario’s Bill 104: Tamil Genocide Education or Mis-education Week?” (The Island, 9 December 2021) and refer the reader to that for more details. However, here I shall focus on a report titled, “Canada’s Inadequate Response to Terrorism: The Need for Policy Reform” (2006) by Martin Collacott, a former Canadian High Commissioner to Sri Lanka and also eminent academic. I wish to draw certain inferences from some of Collacot’s observations.

He says: “According to the records of the consular section of the Sri Lankan High Commission in Ottawa, more than 8,600 Sri Lankans with refugee claims pending in Canada applied for travel documents to visit Sri Lanka in a single year.” (Martin Collacot, “Canada’s Inadequate Response to Terrorism: The Need for Policy Reform,” Fraser Institute Digital Publication, February 2006, p. 34)

He continues: “In comparison with Canada, other countries have accepted relatively few refugee claims from Sri Lankan Tamils as they do not consider them to have been persecuted. In 2003, Canada accepted 1,749 Sri Lankan claimants (UNHCR, 2003, table 8) while the rest of the world combined gave refugee status to only 1,160. Canada’s acceptance rate was 76.3 percent, while the average for other countries was 15.8 percent.” (p. 34)

It would be absurd to suppose that people would visit Sri Lanka if they or their relatives are being subjected to genocide here, or at any rate, it casts doubt as to whether such a thing is happening. Meanwhile, the drastic difference in the number of refugee applications of Sri Lankans being accepted in Canada as opposed to other countries, if true, indicates that there is a difference of opinion on the issue of persecution. It should prompt a reasonable person to review and reassess his or her views as to whether Tamil genocide is taking place here.

The point is that information such as that provided by Collacot is readily available in the public domain and it is reasonable to suppose that Canadian lawmakers are familiar with at least some of it. However, there is no evidence that such information has registered with Canadian legislators because there was not a single voice raised in opposition to the impugned motion. In these circumstances, the inference is irresistible that the Canadian House of Commons has adopted the motion with scant regard to the truth or falsity of the allegation of Tamil genocide.

The gravity of the act

The impugned motion is not just a local or domestic concern of Canadians but is pregnant with consequences for Sri Lankans, because of the following reasons. Genocide is the intentional destruction or attempt at destruction of an entire people. Among other things, it is one of the conditions that would permit an ethnic group within a particular country to invoke the right to external self-determination (i.e. secession) under international law.

For instance, in the seminal Canadian case Reference re Secession of Quebec [1998] 2 SCR 217, widely cited in other countries, the Supreme Court of Canada identifies three conditions that would warrant an ethnic/religious/linguistic group within a country to invoke the right to external self-determination: colonialism, alien subjugation or domination and denial of meaningful access to government to pursue one’s political social and cultural development. (Reference, para 138)

Genocide could be brought under the second or third categories. The Canadian House of Commons represents the entire people of Canada, not different interest groups. So, such a body has now placed on record that conditions exist in Sri Lanka for the Tamils to arguably invoke a right to self-determination under international law. It sets a precedent for other countries to also adopt motions or even resolutions unilaterally alleging Tamil genocide in Sri Lanka with scant regard for the truth.

If a significant number of other countries endorse an invocation of the right to self-determination by an ethnic minority in Sri Lanka, this country will eventually have to capitulate to the demand for a separate State. Sri Lanka is a relatively poor country heavily dependent on foreign aid. It cannot afford to alienate the international community, especially its main donors. Therefore, the impugned motion potentially sets the stage for interested parties to advance their ambitions of creating a separate State within Sri Lanka, with the collusion or connivance of other countries.

The illegality of the act

The UN Charter is the basis of international law. Article 2(4) enshrines one of the principles of the UN It states: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.”

The above provision has two parts: a) refraining from the threat or use of force against other States and b) acting in any other manner inconsistent with the purposes of the U.N. I wish to focus on the second limb. Articles 1(1) – (1 (4) of the Charter set out the purposes of the U.N. Article 1(2) states: “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take appropriate measures to strengthen universal peace.”

The standard interpretation of the above is that the UN cannot intervene unduly in the internal affairs of nations. More importantly, on the concept of ‘self-determination,’ to the best of my knowledge the international Court of Justice (ICJ) has never yet extended the said concept to cover a right to secession. The court has only held that the concept applies in colonial contexts, non-self-governing territories and that it cannot be used in order to undermine existing state boundaries (See Western Sahara, Advisory Opinion, 1975; Namibia, Advisory Opinion, 1976; and Frontier Dispute case, 1986, ICJ Reports 554, respectively.)

There is a profound difficulty in interpreting the ‘right to self-determination’ to include a right to secession, namely, it could lead to a veritable explosion of demands for statehood by various ethnic minorities. The U.N. is well aware of this problem. A panel of U.N. legal experts point out, “If every ethnic, religious or linguistic group claimed statehood, there would be no limit to fragmentation, and peace and security and well-being for all would become even more difficult to achieve.” (“An agenda for Peace,’ UN doc. A/47/277)

In sum, the UN is not permitted to promote the secessionist ambitions of ethnic minorities. The impugned motion does just that, or at any rate sets a precedent that has the potential to lead to an international endorsement of a right to self-determination of a particular ethnic minority in Sri Lanka. It is inconsistent with the letter as well as spirit of Article 1(2) and hence illegal under international law.

Objections

A critic might object that i) the national legislature is not the government of a country and it is only the government that would come under the purview of international law and ii) the impugned act can be justified under the Responsibility to Protect (R2P) doctrine.

In regard to the first, to the best of my knowledge the Canadian government has not dissociated itself from the act of the legislature or issued a single statement critical of the said act. The well-known legal maxim states, “He who is silent appears to consent (Qui tacit consentire videtur)”. Accordingly, one must presume that the Government is either complicit in the act or tacitly approves of it.

In regard to R2P, the doctrine contends that members of the international community have an obligation to intervene in the internal affairs of nations regardless of the U.N. Charter’s customary prohibitions against such action, if there are horrendous abuses taking place in a country and the citizens of such country have no other means of protecting themselves.

However, a prerequisite for the application of R2P is that the abuses in question must first be reported to the Security Council. No such thing as happened in the instant case. In fact, the Canadian legislature has failed to submit their allegations to any international forum whatsoever and give Sri Lanka a chance to respond. It should be noted that, Natural Justice, which includes the injunction, “Hear the other side!” is an overriding principle (jus cogens) of international law. In these circumstances, R2P cannot justify the impugned motion.

Conclusion

The national legislature of a country should not get a free pass to flout international law at will. If the national legislatures of other countries also start adopting motions alleging ‘Tamil genocide’ with scant regard to the facts, it would pose a danger not just to Sri Lanka but to all countries facing the threat of separatism. It is in the interest of Sri Lankans as well as all friends of international law to vigorously challenge this act and prevent it from setting a precedent.

(The writer is an Attorney-at-Law)



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Putting people back into ‘development’ – a challenge for South

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In need of swift empowerment; working people of Sri Lanka.

Should Sri Lanka consider an 18th IMF programme? Some academicians exploring Sri Lanka’s development prospects in depth are raising this issue. It is yet to emerge as a hot topic among policy and decision-making circles in this country but common sense would sooner rather than later dictate that it be taken up for discussion by the wider public and a decision arrived at.

The issue of an 18th IMF programme was raised with some urgency locally by none other than Dr. Ganeshan Wignaraja,Visiting Senior Fellow, ODI Global London, one of whose presentations, made at the Regional Centre for Strategic Studies (RCSS), Colombo, was highlighted in this column last week, May 7th. An IMF programme is far from the ideal way out for a bankrupt country such as Sri Lanka but a policy of economic pragmatism would indicate that there is no other way out for Sri Lanka. Such a programme is the proverbial ‘Bird in the hand’ for Sri Lanka and it may be compelled to avail of it to get itself out of the morass of economic failures it is bogged down in currently.

While local economic growth possibilities are far from encouraging at present, such prospects globally are far from bright as well. Some of the more thought-provoking data in the latter regard were disclosed by Dr. Wignaraja. For example, ‘The IMF’s April 2026 World Economic Outlook projects global growth slowing to 3.1 percent in 2026; with downside risks dominating: prolonged conflict, geopolitical fragmentation, renewed trade tensions, bearing down hardest on emergent and developing economies.’

However, as is known, an ‘IMF bailout’ is fraught with huge risks for the people of a developing country. ‘The Silver Bullet’ brings hardships for the people usually and they would be required by their governments to increasingly ‘tighten their belts’ and brace for perhaps indefinite material hardships and discontent. For Sri Lanka, the cost of living is unsettlingly high and 20 percent of the population is languishing below the poverty line of $ 3.65 per day.

These statistics should help put the spotlight on the people of a country, who are theoretically the subjects and beneficiaries of development, and one of the main reasons, in so far as democracies are concerned, for the existence of governments. Placing people at the centre of the development process is urgently needed in the global South and shifting the focus to other considerations would be tantamount to governments dabbling in misplaced priorities.

Technocrats are needed for the propelling of economic growth but a Southern country’s main approach to development cannot be entirely technocratic in nature. The well being of the people and how it is affected by such growth strategies need to be prime focuses in discussions on development. Accordingly, discourses on how poverty alleviation could be facilitated need urgent initiation and perpetuation. There is no getting away from people’s empowerment.

In the South over the decades, the above themes have been, more or less, allowed to lapse in discussions on development. With economic liberalization and ‘market economics’ being allowed to eclipse development, correctly understood, people’s well being could be said to have been downplayed by Southern governments.

The development issues of Southern publics could be also said to have been compounded over the years as a result of the hemisphere lacking a single and effective ‘voice’ that could consistently and forcefully take up its questions with the global powers and institutions that matter. That is, the South lacks an all-embracing, umbrella organization that could bring together and muster the collective will of the South and work towards the realization of its best interests.

This columnist has time and again brought up the need for concerned Southern sections to explore the potential within the now virtually moribund Non-Aligned Movement to reactivate itself and fill the above lacuna in the South’s organizational and mobilization capability. In its heyday NAM not only possessed this institutional capability but had ample ‘voice power’ in the form of its founding fathers, with Jawaharlal Nehru of India, for example, proving a power to reckon with in this regard. The lack of such leaders at present needs to be factored in as well as accounting for the South’s lack of power and presence in the deliberative forums of the world that have a bearing on the hemisphere’s well being.

The Executive Director of the RCSS, Ambassador (Retd) Ravinatha Aryasinha, articulated some interesting thoughts on the above and related questions at a forum a couple of months back. Speaking at the launching of the book authored by Prof. Gamini Keerewella titled, ‘Reimagining International Relations from a Global South Perspective’, at the Bandaranaike Centre for International Studies, Colombo, Amb. Aryasinha said, among other things: ‘Historically, there is a precedent that has been realized by the Non-Aligned group of countries – unfortunately, rather than being reformed and modified at the end of the Cold War, it has been tossed away.’

The inability of the nominally existent NAM to come out of its state of veritable paralysis and voice and act in the name of the South in the current international crises lends credence to the view that the organization has allowed itself to be ‘tossed away.’ The challenge before NAM is to prove that it is by no means a spent force.

As indicted, NAM needs vibrant voices that could advocate value-based advancement for the global South. Moral principles need to triumph over Realpolitik. Such transformative changes could come to pass if there is a fresh meeting of enlightened minds within the South. Pakistan by offering to mediate in the ongoing conflict between the US and Iran, for instance, proved that there are still states within the South that could look beyond narrow self-interest and work towards some collective goals. Hopefully, Pakistan’s example will be emulated.

Along with Pakistan some Gulf states have shown willingness to work towards a de-escalation of the present hostilities in West Asia. This could be a beginning for the undertaking of more ambitious, collective projects by the South that have as their goals political solutions to current international crises. These developments prove that the South is not bereft of visionary thinking that could lay the basis for a measure of world peace. That is, there are grounds to be hopeful.

NAM needs to see it as its responsibility to make good use of these hopeful signs to bring the South together once again and work towards the realization of its founding principles, such as initiating value-based international politics and laying the basis for the collective economic betterment of Southern people.

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Artificial Intelligence in Academia: Menace or Tool?

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(The author is on X as @sasmester)

I have often been told by university colleagues how soulless and dangerous ‘artificial intelligence’ (AI) is to academia and humanity. They lament that students no longer read anything as they can now get various AI programmes to summarise what is recommended which is mostly in the English language to Sinhala or Tamil or get easier versions in English itself. They get their assignments and even dissertations fully or partially written by AI. And I am led to believe that universities do not have reliable detection software to assess plagiarism and academic fraud that have been committed using AI beyond the software freely available on the internet with their own limitations. This is due to financial restrictions in these institutions. Even these common malpractices have been done mostly with the aid of free AI programmes which are readily available, which means cheating in this sense is free and mostly safe. For teachers, this is a ‘menace’ in the same way ‘copying’ once was. But its implications are far worse.

But given the global investments made over AI, it cannot be wished away despite the enormous negative impact its use has on the environment, particularly due to its massive demand for energy. So, AI is with us to stay, and it has a considerable role to play in human civilisation even though like most innovations and inventions, this too carries its own burden of negativity. In this context, instead of demonising AI and lamenting its replacement of human agency and ingenuity, one needs to think seriously about how to deal with and engage with it reflectively and pragmatically as there is much it can offer if people are intelligent enough to make rational and sensible choices.

When I am making these observations, I am restricting myself to a handful of practices involving only writing both in university-based examination processes and in the fields of creative writing.

My initial introduction to AI was through the Research Methods class I used to teach in New Delhi. In 2022, this class was supposed to go to Dharmshala in Uttar Pradesh for fieldwork training, and we needed to write a funding proposal quickly. One of the students in the class, already familiar with ChatGPT introduced by OpenAI as a free programme in 2022, did the proposal with its help before the two-hour class was over. I edited it soon after and sent it off to the university administration for funding which we received. That stint of field work was completed in five days and was the most detailed work undertaken as a training programme up to that time in the university which had considerable output ranging from a documentary film to a detailed ethnography based on the findings.

While the technical details, the format of the proposal and its basic writing were done by AI due to the time constraints the class faced, its fine-tuning was done by me and a few students. AI could not then and even now cannot undertake that level of specificity without close human intervention. But the film, the ethnography and the actual process of research had nothing to do with AI. It was the result of human labour, thinking, planning and at times creativity and ingenuity. This was an early example of how AI could coexist in an academic environment if its technical usefulness was clearly understood and potential for excesses was also understood. But this was a time, easily accessible AI was just emerging, and we did not know much about it. But I was fortunate enough to have intelligent students in my class who gave me a crash course into this kind of AI use, which I followed up with my own reading and experimentation later on. As a result, I am keener now to see how it can be used for the betterment of academic practice rather than taking an uncritically demonising position, which I know will not lead anywhere.

But how is this possible? The lamentations of my colleagues about the abuse of AI in academic practice is not unfounded. It is a serious threat that remains mostly unaddressed not only in our country but almost everywhere else in the world too. This is mostly because the advancements of AI even in day-to-day free usage have far exceeded any thoughts for actionable codes of ethics to ensure its practice is sensible and ethical. At the same time, I cannot see why a student should not use AI to correct his spelling and grammar in assignments. I also cannot see why a student cannot seek AI’s help to secure research material from secondary sources available online which I have been doing for years. For instance, the originals of specific books and rare manuscripts might not be available in any repositories in our part of the world. In such situations, what AI might find us is all we have access to in a world where we are restricted in our mobility due to semi-racist visa regimes of failed empires and former superpowers as well as our own lack of ability to travel due to our own unenviable economic conditions. But unfortunately, the materials we need are often only available in research centers and libraries in those nations.

Similarly, when it comes to academic prose, it makes no sense now to take years to translate works from multiple languages to Sinhala and Tamil. This has always been a time-consuming, cumbersome and expensive process. Non-availability of Sinhala and English translations of core originals in languages such as English, French, German and so on has been a long-term problem for our country. But this can now be done well – at least from English to our languages – quite quickly and with a very low margin for error by using specific AI programmes which are meant to do precisely this. What this means is a quick expansion of knowledge in local languages which would have ordinarily taken years to achieve or might not have been possible at all. But still, this needs significant human intervention and time towards perfection. However, I do not think AI-based translations work as well for fiction and poetry or creative works more generally. But the ability for AI to emulate nuance and feeling in language is fast emerging. These are two clear examples of improving technical abilities in research and writing in which AI can be of help.

But looking for sources of information with help the help of AI or using it as a tool to undertake essential translations from one language to another is quite different from simply using it without ascertaining the accuracy of collected information, getting AI to do all your work without any reflection or without any hard work at all, including engaging AI to do the final product in a writing assignment — be that a term paper or a work of fiction. If one proceeds in this direction, as many unfortunately do nowadays, then, our ability to think and be creative as a species will become diminished over time and our sense of humanity itself will take a toll. This is what my colleagues worry about when they say AI is making younger generations soulless.

It is here that ethical practices on how to use AI responsibly without compromising our sense of humanity must play a central role. But these ethical practices must be formally written and taught, followed by viable programmes for detection and publication if unethical practices are followed. This needs to be the case particularly in teaching institutions as well as the broader domain of creative writing. After all, what is the fun in reading a novel or a collection of poetry written by AI?

It is time people began to think about what AI can do in their own fields without falling prey to its power and their own laziness. This brings to my mind Geoffrey Hinton’s words: “There is no chance of stopping AI’s development. But we need to ensure alignment; to ensure it is beneficial to us …” Similarly, as Yann LeCun observed, “AI is not just about replicating human intelligence; it’s about creating intelligent systems that can surpass human limitations.” In this sense, it is up to us to find our edge in creativity and common sense to find the most sensible way forward in using AI.

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Engelbert’s 90th birthday bash

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The legendary Engelbert Humperdinck, who is known for his hit songs such as ‘A Man Without Love’, ‘Release Me’, ‘Spanish Eyes’, ‘The Last Waltz’, ‘Am I That Easy To Forget’, ‘Ten Guitars’ and ‘I Can’t Stop Loving You’, turned 90 on 02 May, 2026, and there were some lovely Hollywood-related celebrations.

Before his birthday, Engelbert’s new single ‘I’ve Got You’ was released – on 23 April – and Engelbert had this to say: “‘I’ve Got You’ is especially close to my heart. It speaks to love, loyalty, and the quiet strength we find in one another”.

The main birthday event was held at The Starlight Cabaret, in Los Angeles, California, and Sri Lankan Raju Rasiah, now based in the States, and his wife Renuka, who are personal friends of Engelbert, were invited to participate in the celebrations, along with Ingrid Melicon – also a Sri Lankan, now domiciled in America.

The invitation said “An evening of music, memories and celebration. Let’s make it a night to remember!” And it certainly turned out to be a night never ever to be forgotten!

Invitees experienced a “magical entrance” with Engelbert’s name lighting up the screen and showing him performing his hit songs.

The invitees were also presented with a unique gift – a necklace with Engelbert’s face, engraved with the words “Remember, I Love You.”

Engelbert’s son, Bradley Dorsey, sang a tribute song ‘Only You’ for his dad, while Eddy Fisher’s daughters, Tricia and Joely, also got on stage to entertaining the distinguish gathering.

Engelbert didn’t perform but got on stage for the cutting of the birthday cake.

There was also a video compilation of birthday wishes from fellow celebrities, and the lineup included Gloria Gaynor, Micky Dolenz, Wayne Newton, Pat Boone, Lulu, Judy Collins, Deana Martin, Angélica María, Rupert Everett, Matt Goss, and more.

Birthday boy Engelbert Humperdinck

At 90, Engelbert is still performing. He’s on THE CELEBRATION TOUR for his 90th year, with over 50 international dates in 2026, including Australia, Germany, the US, and Canada. He’ll be at Massey Hall in, Toronto, on 06 October, 2026. He said: “The stage is my home… Canada has always been a highlight”.

He performed 60+ concerts, worldwide, in 2025, and says karaoke keeps his songs fresh: “Most of my songs are on karaoke because people love to sing them”.

 

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