The proceedings at New York paved way for a single ‘prime minister’ to dominate the whole structure of the TGTE.
46 out of 98 elected for the 135-member house participated the proceedings at New York in person.
Those who didn’t come directly to New York were permitted to cast their votes from London (10 members) and Paris (17 members). Two members participated through Skype. 14 members deputed their votes and 9 members didn’t participate in the voting.
115 members were to be elected and 20 nominated to the Constitutional Assembly according to Advisory Panel Report.
Elections were announced for 112 constituencies and out of them electoral disputes continue to this date in announcing the results in 14 constituencies.
Among the 14 constituencies, potential candidates from UK, France, Germany and Australia would have made an impact in the proceedings of the TGTE had the disputes been resolved, observers of the TGTE process in Europe said.
The TGTE programme was set on motion in a meeting convened by Selvarasa Pathmanathan (KP) in Kuala Lumpur in June 2009. Mr. Pathmanathan named Mr. V. Rudrakumaran as the coordinator of the formation process. Assisting him was a task group consisting of formation and advisory committees.
Opinion seems to differ in handling the domestic and international scenario.
While sections of Eezham Tamils think that one-person domination of the TGTE with some ‘power background’, conducive for maneuverings, is the answer to face Rajpaksa-regime model and the international victimization of Eezham Tamils, there are views that Eezham Tamils who have reached the rock-bottom are now in a better position to think of fresh and alternative ways of designing their polity through TGTE.
The Transnational concept shouldn’t be reduced to informal government-in-exile in the backyard of any power, that too without any assurance of recognition, is the concern of the latter shade of opinion.
Chronology:
TGTE 2nd sitting in New York on Wednesday 29 Sept
The Transnational Government of Tamil Eelam convenes as a Constituent Assembly today in New York. This second sitting lasting three days takes place at the Millenium UN Plaza Hotel situated at One United Nations Plaza in New York overlooking the UN Headquarters. A number of dignitaries will speak at the opening session on Wednesday, which will be followed by deliberations about the draft constitution of the TGTE. Ratification of the Constitution followed by the formalization of the structures of TGTE from their current interim status to a more regular set of structures constitutes the main purpose of the second sitting.
Also to be discussed in this session are the foreign policy of the TGTE in relation to the realization of the establishment of an independent, sovereign State of Tamil Eelam, and the philosophical and pragmatic approaches to be taken in relation to the relief and development work to be undertaken in the Tamil homeland in the current context.
TGTE, with the help of the American University Washington College of Law UNROW Human Rights Impact Litigation Clinic and international pro bono Human Rights firm, SPEAK, is exploring legal options in its pursuit of justice. These organizations are specialized in facilitating access to justice for victims of alleged violation of international law and/or international human rights law.
Election to TGTE Constituent Assembly; Current situation
The statement released by Mr.Viswanathan Rudrakumaran, the Interim Chief Executive of TGTE explained the current situation regarding the elsction:
TGTE's process to elect the 112 representatives from 15 countries commenced in October 2009 with the setting up of Country Working Groups and Election Commissions to conduct direct elections in each country with a substantial population of Eelam Tamil Diaspora. This process has not been concluded in some of the countries, and the situation with regard to eight such countries is outlined below.
Australia
Ten members were to be elected from Australia. Six members have been elected. The election of four members from New South Wales has been challenged. A Commission comprised of Dr. Paul Dominic, Chairperson, Dr. N. Gowripalan and Mr. T.Pathmanathan has been tasked to investigate the complaints received. Initially, the Commission was asked to complete its investigation and publish its report by September 10th 2010. However, the Commission has requested on the basis of natural justice principle to extend the timeframe for the investigation. The deadline was extended until September 23rd 2010. The Commission has informed yesterday that they have completed their investigation and are in the process of finalizing their decision.
Germany
Ten members were to be elected from Germany. Six members have been elected. The election of four members was challenged and a re-poll was scheduled. Based on information from the Election Commission in Germany that three of the candidates have withdrawn, the remaining four candidates have been declared as winners. Subsequent to that two of the candidates have written to the Election Commission and to the Secretariat that they did not withdraw, and this is now being considered. Based on the declaration already made of the winners, the decision of the Election Commission stands. However, in order to ensure justice and fairness, it has been decided to refer this matter to the TGTE Election Commission to be established subsequent to the ratification of the constitution.
France
Ten members were to be elected from France. Seven members have been elected. The election of three members was challenged. Since the Election Commission working in France declared that elections in the 93rd and 94th districts were null and void due to irregularities a Commission of Inquiry was established. Care was given that members of the Commission would be acceptable to all the concerned parties. Thus Mr. Thomas Nouvelande, a legal expert and a member of the ruling U.M.P. party’s National Advisory Committee, Mr. Mickael Barache, a leader of a French civic organization, Mrs. Laure Fujie a French citizen, Mr. Michael Laurent a representative of all the schools of the 18 districts in Paris, Ms. Malika Akli, a historian, were appointed as members of the Commission.
The concerned candidates did not attend the Commission hearing on the grounds that they did not receive an invitation to participate in the Commission. However the Commission said that they sent notices twice to the candidates asking them to attend the hearing. The Commission issued a thirty five page report in the French language. The report was subsequently translated into Tamil and English and distributed to the Advisory Committee. The Commission made a conclusion that there were serious irregularities during the election and that one of the members who contested the election was not eligible to run for election under the French law.
Since the report contains information of a personal nature, it was decided not to release the report due to privacy concerns. Since all the parties did not participate in the Commission of Inquiry coupled with the fact that the issues identified by the Commission are also incorporated into the draft Constitution it is felt that this matter is better left to the TGTE Election Commission to be established subsequent to the ratification of the constitution.
United Kingdom
Twenty members were to be elected from the UK. 17 members have been elected. The election of three members for the region outside of London was challenged. The Election Commission found that the ballot boxes had been stuffed with invalid ballots. Due to the stuffed ballots the Election Commission headed by Mr. Vijayasingam declared that the election should be null and void. It was suggested that through forensic examination the culprits could be identified. However, it was felt that such an action would not be conducive to the unity of the Tamil people. The Election Commission was urged to conduct a new election to for the outer London region. However, the Commission informed that there was consensus not to hold a new election immediately, citing the people’s anger and frustration over what had happened. It was feared that due to the above the voter turnout would be low and such an election would not accurately reflect the will of the people.
Netherlands
Due to the Dutch Government’s law enforcement activities in the community, it was felt by the community that the conditions there are not conducive to hold elections at present.
Italy
3 Members were to be elected in Italy. Nominations were called last week and three members have been elected uncontested.
Ireland
Nominations were called to fill one seat and one member has been elected uncontested.
Finland
The election process will commence in October.
This brings the total number of elected representatives to 98 with another 14 whose elections have either not been held yet or the results delayed due to yet unresolved questions. While a large majority of the elected representatives are meeting in New York, a small number of representatives from Europe will gather in Paris, London and other locations and will be linked to the New York gathering via video technology.
TGTE Interim Committee envisage that productive deliberations at this sitting of the Assembly will set the scene for the next and important phase in the work of TGTE towards realizing its goals.
