Эксперт: сети бывших боевиков ЛТТ в Канаде перешли от контрабанды беженцев к строительству монументов

Monday Sep 07, 2026 Saturday, 5 September 2026 00:01 - - {{hitsCtrl.values.hits}} - Dr. Neville Hewage Former Research Fellow at Laurentian University’s International Centre for Interdisciplinary Research in Law Dr. Neville Hewage reveals LTTE’s human-smuggling Tamil racket that charged between $ 35,000 and $ 60,000 from each asylum seeker to facilitate migration Alleges with the collapse of LTTE’s human-smuggling operations in Canada, the United Kingdom, Europe and the Nordic countries, a new trend has emerged in construction of large commemorative structures and monuments Says Canadian authorities have increasingly tightened immigration rules to prevent abuse of Canada's asylum system Emphasises it is important to distinguish between the LTTE and the silent majority of Tamils who simply sought to preserve their culture and live peacefully Claims shortsighted and power-driven politicians exploited ethnic divisions to advance their political ambitions By a special correspondent  While the Liberation Tigers of Tamil Eelam (LTTE) no longer exists as an armed organisation in Sri Lanka, its alleged networks abroad have increasingly shifted towards fundraising, political campaigning, commemorative activities and the use of narratives surrounding the Sri Lankan conflict within sections of the Tamil diaspora, claims Dr. Neville Hewage, a former Research Fellow at Laurentian University’s International Centre for Interdisciplinary Research in Law. He stressed that the LTTE’s activities in Canada should be examined separately from the wider Tamil community and its cultural identity. “It is essential to distinguish between the LTTE and the silent majority of Tamils who simply sought to preserve their culture and live peacefully,” he emphasised. Meanwhile, the City of Brampton entered into an agreement with the National Council of Canadian Tamils (NCCT) for the construction of the Tamil Genocide Monument. Public records indicate that the NCCT has been associated with organisations designated under United Nations Security Council Resolution 1373 (2001), the LTTE.  Dr. Hewage has initiated legal proceedings challenging the City’s authority to enter into this agreement. These proceedings remain before the court. Despite the ongoing legal challenge, the NCCT proceeded with the construction of the monument. Dr. Hewage is seeking to invalidate the agreement between the NCCT and the City of Brampton, asserting that the City acted outside its lawful authority. The matter is currently under judicial consideration. In an interview with the Daily FT, Dr. Hewage said that, following the decline of the LTTE’s traditional sources of funding, its supporters have increasingly turned to other activities, including commemorative events and the construction of monuments, which he said can help sustain the organisation’s political narrative and generate financial support. “With the collapse of the highly lucrative human-smuggling operations, LTTE operatives have sought alternative sources of revenue,” Dr. Hewage said. He also alleged that political actors and organisations within the diaspora have continued to exploit the legacy of the conflict, particularly through claims surrounding an alleged Tamil genocide and the asylum process in Canada. “The underlying objective, in my view, is to perpetuate the narrative that Sri Lanka remains unsafe for Tamils, thereby sustaining the asylum business,” he said. Following are the excerpts of the interview: Q: Did the Canadian courts ultimately rule that the Tamil Genocide Education Week Act (TGEWA) constituted a declaration or recognition of Tamil genocide by Ontario? A: All three levels of Canadian courts have concluded that the Ontario Legislature did not declare or recognise that an alleged Tamil genocide occurred in Sri Lanka through the enactment of the Tamil Genocide Education Week Act (TGEWA). The Ontario Superior Court of Justice held that the TGEWA did not constitute recognition by the Legislature. The Ontario Court of Appeal affirmed this finding. The matter was subsequently brought before the Supreme Court of Canada, which declined to consider the issue because the applicant lacked public-interest standing. In effect, the Supreme Court found no basis to interfere with the Court of Appeal's decision, as no legal error had been identified.  The application for review was not taken forward for further inquiry. Q: Did the Supreme Court of Canada or the Court of Appeal for Ontario determine whether an alleged Tamil genocide took place in Sri Lanka? A: Taken together, these rulings confirm that all three levels of court agreed that the Ontario Legislature, in enacting the TGEWA, did not declare or recognise that an alleged Tamil genocide took place in Sri Lanka. This raises a complex legal question. Canada is a signatory to the Rome Statute and recognises the jurisdiction of the International Criminal Court (ICC) and the International Court of Justice (ICJ). These international tribunals have the authority to investigate and adjudicate allegations of genocide. By contrast, Canadian courts do not possess jurisdiction to investigate or determine whether genocide occurred. Canada is, however, bound by decisions rendered by the ICC and ICJ. Against this legal framework, the Liberation Tigers of Tamil Eelam (LTTE) and its supporters sought to use the enactment of the TGEWA as a means of obtaining recognition of an alleged Tamil genocide. Canadian courts, however, have consistently held that the TGEWA does not constitute a legislative declaration or recognition that such a genocide occurred in Sri Lanka. Q: What was the legal finding regarding whether the alleged Tamil genocide can be included in the Ontario school curriculum? A: In Canada, education falls under exclusive provincial jurisdiction pursuant to Section 93 of the Constitution Act, 1867. The Ontario Superior Court of Justice initially found that the TGEWA fell within Ontario's legislative authority over education. This raised concerns that the Act could open the door to incorporating the alleged Tamil genocide into the provincial school curriculum. On appeal, however, the Ontario Court of Appeal overturned the lower court's findings. The appellate court held that the TGEWA was not enacted under the province's education power. Instead, it fell within Section 92(16) of the Constitution Act, 1867, which grants provinces jurisdiction over matters of a local and private nature. Accordingly, the court determined that the Act was limited to commemorative activities within Ontario. Its purpose was to allow Tamil Ontarians to commemorate losses suffered during the armed conflict, rather than to establish curricular recognition of an alleged genocide. The Supreme Court of Canada declined to review the appellate decision, finding no legal error warranting intervention. Q: What is the official foreign policy position confirmed by Foreign Affairs Canada regarding whether the Government of Canada has made a finding of genocide in Sri Lanka? A: The Government of Canada, through Foreign Affairs Canada, issued diplomatic note TPN 42 2021 confirming that Canada has not made any finding that a Tamil genocide occurred in Sri Lanka. This represents Canada's official foreign policy position. At the same time, freedom-of-expression protections and provincial jurisdictional powers do not prevent individuals from characterising Sri Lanka's armed conflict with the LTTE as genocide. This space for opinion has, however, been used by certain political actors and individuals engaged in ethno-politics to advance personal agendas, often by exploiting Tamil communities in Canada for political gain. Q: What was your core argument regarding the nature of the conflict in Sri Lanka — that it was not genocide but an armed conflict between the LTTE and Sri Lankan Security Forces? A: Genocide is a term with a specific legal meaning. To establish genocide, it must be proven that there was an intention to destroy, in whole or in part, a protected group — in this case, the Tamil community in Sri Lanka. During the proceedings, neither the Attorney General of Ontario nor the Tamil interveners, the Tamil Rights Group and the National Council of Canadian Tamils, provided evidence demonstrating that Sri Lanka intended to destroy the Tamil population. I argued that Sri Lanka did not commit genocide against Tamils. The burden of proof would then have been on the Attorney General of Ontario and the interveners to establish that genocide had occurred. They did not advance such arguments, in part because the Ontario courts lack jurisdiction to investigate or adjudicate allegations of genocide. In effect, they were legally constrained: any submission asserting genocide would have been dismissed for want of jurisdiction. I further noted that approximately 69% of Tamils are integrated with the Sinhalese majority and other communities, residing in the southern regions of Sri Lanka. Accordingly, my position is that the evidence supports the conclusion that no genocide against Tamils occurred. Rather, the events constituted an armed conflict between the LTTE, a designated terrorist organisation, and the Sri Lankan Security Forces. Q: How do you think LTTE operatives reportedly use the enactment of the TGEWA to increase their global human-smuggling operations? A: LTTE operatives maintained what I would describe as a complex and highly sophisticated human-smuggling network, with primary destinations including Canada, the United Kingdom, Europe and the Nordic countries. To secure asylum in these jurisdictions, it was necessary to present Tamils as fleeing persecution and facing genocide in Sri Lanka. The TGEWA was advanced, in my view, with the objective of portraying Tamils as victims of genocide, thereby serving as a legal and political tool to support such asylum claims and, indirectly, to  facilitate human-smuggling  operations. The Act was introduced by MPP Vijay Thanigasalam, himself a former Tamil refugee, who has publicly praised the LTTE's leader as a national hero. This context, in my view, underscores how the enactment of the TGEWA could be used to advance LTTE-linked objectives and reinforce narratives that could be leveraged in human-smuggling operations. Q: How much were LTTE-affiliated human smugglers reportedly charging each asylum seeker to bring them to Western countries? A: Reports indicate that Tamil asylum seekers were charged between US$35,000 and US$60,000 each to facilitate their migration. A structured payment system was established, with funds distributed to LTTE operatives across different countries. Upon arrival in Canada, asylum seekers were often required to pay the remaining balance. In many cases, these individuals remained indebted for more than a decade, making instalment payments to LTTE operatives. In addition, certain operatives were engaged in drafting narratives, fabricating evidence and coordinating with selected legal and non-profit organisations. While these entities operated under the appearance of legality, their activities were, according to the allegations, closely tied to sustaining the broader smuggling network. Q: Which groups, besides LTTE smugglers, are allegedly profiting from what you describe as a lucrative asylum business involving migrants claiming to have fled genocide? A: Tamil cultural organisations, various Tamil rights groups and community councils have been identified as playing a prominent role in broader human-smuggling activities. These groups, whether directly or indirectly connected, are alleged to collect portions of the proceeds through various channels.  The activities include cultural events, the erection of commemorative monuments, musical performances, fundraising initiatives for memorial projects, and public parades, all of which are commonly observed across Canada. Q: Following the recent court ruling, did the global human-smuggling network reportedly affiliated with LTTE operatives collapse? A: Yes. In my view, this represents a significant setback to LTTE-linked human-smuggling operations. Canadian asylum approvals have been reduced from approximately 20,000 a year to about 600, while more than 11,000 Tamil asylum applications remain pending. It is now evident, in my view, that the Tamil asylum process in Canada is no longer sustained by the pretext of an alleged Tamil genocide. That narrative has collapsed, and the broader operation has effectively been undermined. Q: In countering what you describe as an anti-Sri Lanka campaign, why is it important to distinguish between Tamil cultural or ethnic identity and LTTE extremist networks? A: Historically, Tamils and other communities in Sri Lanka coexisted with relative ethnic harmony. However, shortsighted and power-driven politicians exploited ethnic divisions to advance their political ambitions. It is therefore essential to distinguish between the LTTE and the silent majority of Tamils who simply sought to preserve their culture and live peacefully. During the three decades of armed conflict, many Tamils left Sri Lanka to protect their children from forced conscription by the LTTE. This migration reflects the silent majority of Tamils who opposed the LTTE's tactics. It must be emphasised that not all Tamils were LTTE members. Accordingly, it is critical to separate LTTE operatives from the broader Tamil population and avoid conflating the two. In Canada, LTTE operatives have been accused of exploiting the Sri Lankan conflict for financial gain, living in comfort while relying on profits derived from human-smuggling operations rather than formal employment. Q: What is the recent development regarding the LTTE in Canada? A: With the collapse of what I describe as highly lucrative human-smuggling operations, LTTE operatives have sought alternative sources of revenue. A new trend has emerged in the construction of large commemorative structures and monuments. Certain Canadian politicians, facing political and financial difficulties, have aligned themselves with LTTE operatives to advance their own agendas. Meanwhile, Tamil politicians in Sri Lanka continue to promote what I regard as false hopes of a separate state while soliciting financial support abroad. These events are often well attended by Tamil asylum seekers, many of whom are pressured to participate and contribute funds on behalf of LTTE operatives. The underlying objective, in my view, is to perpetuate the narrative that Sri Lanka remains unsafe for Tamils, thereby sustaining the asylum business. Such activities are shortsighted. Canadian authorities have increasingly tightened immigration rules to prevent abuse of Canada's asylum system, thereby limiting the effectiveness of these strategies.