An Appeal to
The United Nations
Commission on Human Rights
60 Session / Sesiones
15/03/2004 -- 23/04/2004
Tamil Centre for Human Rights - TCHR
Centre Tamoul pour les droits de l'Homme - CTDH
Centro Tamil para los Derechos Humanos
(Established in 1990)
Head Office
9, rue des Peupliers
95140 - Garges les Gonesse
France
Email : tchrgs@tchr.net
tchrdip@tchr.net
Fax : + 33 - 1 - 40 38 28 74
TCHR participation in United Nations World conferences and meetings
* The Tamil Centre for Human Rights (TCHR), officially participated in the NGO forum of the UN World Conference Against Racism – WCAR in Durban, South Africa, from 28 August to 1 September 2001. TCHR held an information stall including an exhibition at the forum. The TCHR representatives also attended the main WCAR conference held in Durban, 31 August to 7 September 2001.
* In 1993, the TCHR held an information stall and a photo exhibition on human rights violations, in the United Nations 2nd World Conference on Human Rights held in Vienna, Austria, from 14-25 June.
* TCHR has participated in meetings of Treaty bodies and has submitted reports to the same.
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Contents
Appeal to the 60th session 00
LTTE proposal for an Interim Self-Governing Authority –IGSA 00
A sad pattern of Sri Lankan conflict – Prof Oberst USA 00
EU says LTTE proposals important step in peace bid 00
ISGA proposal and Presidents' reaction 00
President blows hot (Archives 2002)
US supports resumption of peace negociations 00
UN Scretary General hopes President do not hardm peace process
EU and EC noted with concern the actions in Sri Lanka
Could have a negative effect - US State Department 00
Concern in India
Norway temporarily withdraws from peace process in Sri Lanka
Statement by Norway deputy Foreign Minister
US disappointment 00
European Parliament Joint motion for a resolution on Sri Lanka
European Parliament resolution 00
Army recruiting soldiers
Protest against peace process
Chris Patten meets LTTE leader Pirabaharan 00
Koffi Annan skips Sri Lanka amid controversy over LTTE meeting
Collin Powell writes to President and Prime Minister
Annan concerned by 'difficult situation' in Sri Lanka 00
Sri Lanka's 'state within state' 00
Hundred of Christian Churches vandalised in Sri Lanka 00
Religious Freedom 00
Permanent Buddhist Vihara to be build on private property
Latest stastics on High Security Zones – HSZ 00
Affect by the establishment of military camps
Economic damage
Education
The number of orphans
Houses and families affected in the HSZs in Jaffna 00 6645 Houses destroyed, damaged
Military camps sitting on 390 Jaffna Houses
Registered IDPs in 2002 00
Army deliberately destroyed a decorated structure in Jaffna
Sinhala families settled in Nelukkulam 00
Sinhala domination continues in Trincomalee
Sense of betrayal for Jaffna's Tamils 00
Food prices soar in Vanni
Disability 00
Land Mine
Estimated number of landmines 00
Removed and destroyed – Jaffna peninsula
Vanni
48518 Mines in Paranthan
Land mine victims and mines clearance
Villages where land mines are suspected 00
New Land-mines planted
Concluding observations of the UN Human Rights Committee 00
Political manoeuvring
Shooting in Jaffna 00
Disappearances and Chemmani mas graves
Source and complaints 00
Missing persons guardian association – MPGA 00
Human skeletons found
JVP attrocities 00
Killing of Educationalists, Government servants and others
Killing of Buddhist clergy and Catholic priest
Vandalism and sabotage by JVP 00
There are still 76 Tamil political prisoners and detainees 00
Summary report (names, dates, places of incidents, etc)
Arbitrary arrest / Detention 00
Extra judicial killings / summary executions 00
Enforced or involuntary disappearances 00
Rape / Torture and others 00
TCHR mourns with Human Rights Organisations 00
Norwegian Refugee Council 00
Excerpt from the Sunday Leader 00
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15 March 2004
The Chairperson,
Members and Delegates,
60th Session
United Nations
Human Rights Commission,
1211 Geneva 10,
Switzerland.
Distinguished Sirs / Mesdames,
As usual, we in TCHR bring our concerns to this august forum for Human Rights, regarding what is happening in Sri Lanka, which is our main focus at present.
Since the last session of the Commission, many developments have taken place in the island and in the meantime the human rights situation remains the same.
In April the island of Sri Lanka will have its third Election in four years! The government which was in power since the end of 2001, that signed the MoU in February 2002 with the Liberation Tigers of Tamil Eelam, made some slow progress in working towards a permanent political solution to the Tamil ethnic problem.
TCHR made two field visits to the North last year, in April and December.
We have witnessed at first hand, the LTTE administration which exists in two thirds of the NorthEast. The Tamil Eelam police and judiciary are functioning well. UN Human Rights training procedures are used in the training of Tamil Eelam police personnel. The Tamil Eelam Law College has built up its professional expertise over ten years. Both the police system and the judicial system have the confidence of the people, and comply with international standards.
The situation of the Internally Displaced People (IDPs) in the North East remains critical.
IDPs are experiencing severe problems including denial of freedom of movement. On the one hand several humanitarian organisations are de-mining (an estimated 2.86% of landmines have been removed - while 2 million landmines remain) and on the other hand, in the Jaffna Peninsula, the Sri Lankan army is planting new landmines, "for their own protection".
It is now 24 months since the Ceasefire Agreement of February 2002 was signed, in which Article 2, “Measures to restore normalcy”, delineated dates by which armed forces were to vacate all civilian buildings. This has not happened. Hundreds of thousands of IDPs have been prevented from resettling in their homes under the pretext of the ”necessary” High Security Zones. Only a small number of IDPs have returned home.
Destruction of Places of worship remains a serious ongoing concern. 2076 Hindu Temples and 299 Churches in the North and East have been damaged or destroyed over the past two decades.
In the recent past, attacks and vandalism against Christian Churches in Sri Lanka have intensified. According to the information collected by TCHR, 89 Christian Churches have been stoned, burned and vandalised by mobs led by Buddhist monks.
According to the latest information from Sri Lanka, the licenses of some private radio stations and media have been cancelled. Freedom of Expression is seriously threatened.
The Prevention of Terrorism Act allows confessions made under torture to be accepted as evidence against those arrested, encouraging torture to be carried out with impunity. Almost every Tamil arrested is assaulted, tortured and a self-incriminating statement is extracted from him/her. Victims of these arrests and detentions are systematically forced to sign statements written in Sinhala, a language they do not understand. There are 76 male and female Tamil detainees, arrested since 1993, who are still in detention.
There has been no progress on the disturbing case of the Chemmani mass graves either, no justice yet for the hundreds of “disappeared” buried there.
Regarding the brutal assassination of Human Rights Defender Kumar Ponnambalam, on 05/01/00, even though the UN Special Rapporteurs on Extra-judicial killings and the Independence of Lawyers and Judges have continuously reported since the murder, the government has done nothing on this matter.
The JVP which, as they attempted to overthrow the government was guilty of gross human rights violations from 1986 (please see list attached), is joining hands with the President's political party, which political analysts warn could be a threat to the continuing of the successful Ceasefire Agreement.
While this Commission is in process, the Elections will take place in Sri Lanka and the results will be out. Many are deeply concerned because it has been openly said by the JVP and the SLFP that the Ceasefire Agreement will be ignored if the President and her coalition party win the election!
In the last general election, in 2001, Tamil voters in the LTTE administration areas were denied the right to cast their votes. This is a violation of the fundamental rights of a free society. We hope the Tamil voters in the LTTE administrated areas will be allowed to cast their votes and practise their fundamental rights in the forthcoming General Election in April.
Therefore we kindly request this Commission to look very seriously into the situation in Sri Lanka and to take fruitful action for the good of all the people in the island.
S. V. Kirubaharan
General Secretary
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RIGHT TO SELF-DETERMINATION
LTTE proposal for an Interim Self-Governing Authority – IGSA
(01 November 2003)
The proposal by the Liberation Tigers of Tamil Eelam – LTTE, on behalf of the Tamil people for an agreement to establish an Interim Self-Governing Authority for the North East of the Island of Sri Lanka.
Preamble
Consistent with the principles of the rule of law, the human rights and equality of all persons, and the right to self-determination of Peoples,
Determined to bring lasting peace to all persons of the island of Sri Lanka,
Acknowledging with appreciation the services of the Norwegian Government and the international community in attempting to bring peace to the island.
Recognising that a peaceful resolution is a real possibility, despite the challenging history of the peace process between the Tamil and the Sinhala people.
Determined to establish an interim self-government authority for the North East region and to provide for the urgent needs of the people of the North East by formulating laws and policies and effectively and expeditiously executing all resettlement, rehabilitation, reconstruction, and development in the North East, while the process for reaching a final settlement remains ongoing.
Being aware that the history of the relations between the Tamil and the Sinhala people has been a process of broken promises and unilateral abrogation, by successive governments of Sri Lanka, of pacts and agreements solemnly entered into between the Government of Sri Lanka (GOSL) and the elected representatives of the Tamil People.
Bearing in mind that successive Governments of Sri Lanka have perpetrated persecution, discrimination, State violence and State-orchestrated violence against the Tamil people,
Noting that the Tamil people mandated their elected representatives to establish an independent sovereign, secular State for the Tamil people in the elections subsequent to the Vaddukoddai Resolution of 1976.
Bearing in mind that the Tamil armed struggle as a measure of self-defence and as a means for the realisation of the Tamil right to self-determination arose only after more than four decades of non-violent and peaceful constitutional struggle proved to be futile and due to the absence of means to resolve the conflict peacefully.
Recalling that the Liberation Tigers of Tamil Eelam (LTTE) first took measures towards peace by unilaterally declaring the ceasefire in December, 2000 and again in December, 2001, opening highways, facilitating trade and the free movement of people, and entering into peace negotiations in good faith in the hope of creating an environment conducive to the return of normalcy and a just resolution of the conflict.
Taking Note of the political courage of the present GOSL in reciprocating to the 2001 ceasefire.
Realizing that the war in the island of Sri Lanka was principally confined to the North East, resulting in the destruction of the social, economic, administrative, and physical infrastructure of that area, and that the North East still remains the region in the island of Sri Lanka affected by war.
Recognising that the majority of the Tamil people in the North East, by their actions in the general elections held in the year 2000, gave their mandate acknowledging the LTTE as their authentic representative.
Knowing that the LTTE exercises effective control and jurisdiction over the majority of the North East area of the island of Sri Lanka.
Realising that reaching a final negotiated settlement and the implementation thereof is expected to be a long process.
Affirming the necessity for the safe and free return of all refugees and displaced persons and their urgent need for unimpeded access to their homes and secure livelihood at land and sea in the North East.
Mindful that institutions and services provided by the GOSL have proved to be inadequate to meet the urgent needs of the people of the North East.
Recognising the failure of the Sub-committee on Immediate Humanitarian and Rehabilitation Needs (SIHRN) and other Sub-Committees formed during the peace negotiations, which failure was due to the composition of such Sub-Committees which repeatedly led to inaction, Acknowledging the recognition by the GOSL of the necessity for an Interim Authority, as mentioned in its 2000 election manifesto.
Realising that maintenance of law and order is an essential pre-requisite for a just and free society.
Recognising the need for raising revenue to meet the urgent needs for the Resettlement, Rehabilitation, Reconstruction and Development of the North East region, which has been devastated by war, and for the carrying out of any function of Government.
Recognising the importance of control over land in resettlement, rehabilitation, reconstruction and development,
Mindful that the Tamils did not participate in the making of the 1972 and 1978 constitutions, which institutionalized discrimination and denied them an effective role in the decision-making process.
Noting the practice in international relations over the last decade of solving conflicts between Peoples through agreement between the parties to the conflict on terms of equality and through innovative and imaginative measures.
Relying on international precedents for establishing interim governing arrangements in war-torn countries having the force of law based solely on pacts or agreements between the warring parties recognised by the international community.
Noting that measures such as the Ceasefire Agreement, including the role of the Sri Lanka Monitoring Mission (SLMM), and the establishment of the SIHRN and the North East Reconstruction Fund (NERF) constitute valid precedent for making such arrangements.
Wherefore, the Parties, namely the Liberation Tigers of Tamil Eelam and the Government of Sri Lanka, hereby agree to the following provisions:
1. Interim Self-Governing Authority
An Interim Self-Governing Authority (ISGA) shall be established comprised of the eight districts namely: Amparai, Batticaloa, Jaffna, Kilinochchi, Mannar, Mullaitivu, Trincomalee and Vavuniya in the North East, until a final negotiated settlement is reached and implemented.
Representatives of the Muslim community have the right to participate in formulation of their role in the ISGA.
2. Composition of the ISGA
2.1 The ISGA shall consist of such number of members as may be determined by the Parties to this Agreement.
2.2 The composition of the ISGA shall be:
2.2.a. Members appointed by the LTTE,
2.2.b. Members appointed by the GOSL, and
2.2.c. Members appointed by the Muslim community in the North East.
2.3. The number of members will be determined to ensure:
2.3.a. An absolute majority of the LTTE appointees in the ISGA,
2.3.b. Subject to (a) above, the Muslim and Sinhala Communities in the North East shall have representation in the ISGA.
2.4 The Chairperson shall be elected by a majority vote of the ISGA and shall serve as the Chief Executive of the ISGA.
2.5. The Chairperson shall appoint the Chief Administrator for the North East and such other officers as many be required to assist in the performance of his/her duties. The Chairperson shall have the powers to suspend or terminate any such appointment.
3. Elections
The provisions of Clauses 2.2. and 2.3 shall continue until elections for the ISGA are held. Such elections shall be held at the expiry of five years of the coming into force of this Agreement, if no final settlement has been reached and implemented by the end of the said period of five years. An independent Election Commission, appointed by the ISGA, shall conduct free and fair elections in accordance with international democratic principles and standards under international observation.
4. Human Rights
The people of the North East shall be accorded all rights as are provided under international human rights law. Every law, regulation, rule, order or decision of the ISGA shall conform to internationally accepted standards of human rights protection. There shall be an independent Human Rights Commission, appointed by the ISGA, which shall ensure the compliance with all such human rights obligations.
The Commission will seek the assistance of international human rights bodies to facilitate the rapid establishment of an effective regime for protecting human rights. The Commission shall be entitled to receive petitions from any individual person, award compensation to any such affected person, and ensure that such person's rights are restored.
5. Secularism
No religion shall be given the foremost place in the North East.
6. Prohibition against Discrimination
The ISGA shall ensure that there is no discrimination on grounds of religion, race, caste, national or regional origin, age or gender in the North East.
7. Prevention of Bribery and Corruption.
The ISGA shall ensure that no bribery or corruption is permitted in or under its administration.
8. Protection of All Communities
No law, regulation, rule, order or decision that confers a privilege or imposes a disability on any community, which is not conferred or imposed on any other community, shall be made concerning culture or religion.
9. Jurisdiction of the ISGA
9.1. The ISGA shall have plenary power for the governance of the North East including powers in relation to resettlement, rehabilitation, reconstruction, and development, including improvement and upgrading of existing services and facilities (hereinafter refereed to as RRRD), raising revenue including imposition of taxes, revenue, levies and duties, law and order, and over land.
These powers shall include all powers and functions in relation to regional administration exercised by the GOSL in and for the North East.
9.2. The detailed modalities for the exercise of such powers and the performance of such functions shall be subject to further discussion by the parties to this agreement.
10. Separation of powers
Separate institutions for the administration of justice shall be established for the North East, and judicial powers shall be vested in such institutions. The ISGA shall take appropriate measures to ensure the independence of the judges.
Subject to Clauses 4 (Human Rights) and 22 (Settlement of Disputes), of this Agreement, the institutions created under this clause shall have sole and exclusive jurisdiction to resolve all disputes concerning the interpretation and implementation of this agreement and any other disputes arising in or under this agreement or any provision thereof.
11. Finance
The ISGA shall prepare an annual budget
There shall be a Financial Commission consisting of members appointed by the ISGA. The members should have distinguished themselves or held high office in the fields of finance, administration or business. This Commission shall make recommendations as to the amount out of the Consolidated Fund to be allocated to the North East. The GOSL shall make its good faith efforts to implement the recommendation.
The ISGA will, giving due consideration to an equitable distribution, determine the use of funds placed at its disposal. These funds shall include the North East General Fund, the North East Reconstruction Fund (NERF) and the Special Fund.
The GOSL agrees that any and all of its expenditures in or for the North East shall be subject to the control of the ISGA.
11.1. North East General Fund
The North East General Fund shall be under the control of ISGA and shall consist of:
11.1.a. The proceeds of all grants and loans made by the GOSL to the ISGA and the proceeds of all other loans made to the ISGA.
11.1.b. All allocations by the GOSL from agreements with states, institutions and/or other organizations earmarked in any such agreements for the North East.
11.1.c. All other receipts of the ISGA, other than the funds specified below:
11.2. North East Reconstruction Fund
The NERF shall continue to exist in its present form except that control over it will be transferred to the ISGA.
All grants given for the reconstruction of the North East, will be received through the NERF. Utilization of resources from NERF will be directly determined and supervised by the ISGA.
11.3. Special Fund
All loans and any grants which cannot be channelled through the NERF or the specific purpose of RRRD will be received into the Special Fund. As in the case of other Funds, the ISGA shall control the Special Fund.
12. Powers to borrow, receive aid and trade
The ISGA shall have powers to borrow internally and externally, provide guarantees and indemnities, receive aid directly, and engage in or regulate internal and external trade.
13. Accounting and auditing of funds
13.1. The ISGA shall appoint an Auditor General
13.2. All Funds referred to in this Agreement shall be operated, maintained and audited in accordance with internationally accepted accounting and auditing standards. The accounts will be audited by the Auditor General. The auditing of all moneys received from international sources shall be subjected to approval by an internationally-reputed firm appointed by the ISGA.
14. District Committees
14.1. In the effective exercise of its legislative and executive powers, the ISGA may create District Committees to carry out administration in the districts and delegate to such Committees, such powers as the ISGA may determine. The Chairpersons of such committees shall be appointed by the ISGA from amongst its members in order to serve as a liaison between the ISGA and the Committees.
14.2. The other members of the Committees shall also be appointed by the ISGA, which shall have the powers to suspend or terminate any such appointment. In appointing such members, due consideration shall be given to ensure representation of all communities.
14.3. The Committees will function directly under the ISGA.
14.4. The Chief Administrator of the ISGA shall appoint Principal Executive Officers in the districts, who shall also function as the Secretaries to the Committees. The Chief Administrator shall have the powers to suspend or terminate any such appointment.
14.5. All activities and functions of the Committees shall be coordinated through the respective Secretaries to the Committees.
14.6. Sub-committees may also be appointed to facilitate administration.
15. Administration
As part of the exercise of its executive powers the ISGA shall have direction and control over any and all administrative structures and personnel in the North East pertaining to the powers set out in Clause 9 of this Agreement.
The ISGA may, at its discretion, create expert advisory committees in necessary areas. These areas will include but are not limited to Economic Affairs, Financial Affairs, Judicial Affairs, Resettlement and Rehabilitation Affairs, Development of Infrastructure, and Essential Services.
16. Administration of land
Since land is vital to the exercise of the powers set out in Clause 9 (jurisdiction of the ISGA), the ISGA shall have the power to alienate and determine the appropriate use of all land in the North East that is not privately owned.
The ISGA shall appoint a Special Commission on Administration of Land to inquire into and report on the rights of dispossessed people over land and land subject to encroachment, notwithstanding the lapse of any time relating to prescription.
The ISGA shall determine the term of competencies of the Special Commission.
17. Resettlement of occupied lands
The occupation of land by the armed force of the GOSL, and the denial to the rightful civilian owners of unfettered access to such land, is a violation of the norms of international law. Such land must be immediately vacated and restored to the possession of the previous owners. The GOSL must also compensate the owners for the past dispossession of their land.
The ISGA shall be responsible for the resettlement and rehabilitation of displaced civilians and refugees in such lands.
18. Marine and off-shore resources
The ISGA shall have control over the marine and offshore resources of the adjacent seas and the power to regulate access thereto
19. Natural resources
The ISGA will have control over the natural resources in the North East region. Existing agreements relating to any such natural resources will continue in force. The GOSL shall ensure that all monies due under such agreements are paid to the ISGA. Any future changes to such existing agreements should be made with the concurrence of the ISGA. Future agreements shall be entered into with the ISGA.
20. Water use
Upper riparian users of river systems have a duty to ensure that there is a fair, equitable and reasonable use of water resources by lower riparian users. The GOSL and the ISGA shall ensure that this internationally recognized principle is followed in the use of water resources.
21. Agreements and contracts
All future agreements concerning matters under the jurisdiction of the ISGA shall be made with the ISGA. Existing agreements will continue, but the GOSL shall ensure that all proceeds under such agreements are paid to the ISGA. Any changes to such existing agreements should be made with the concurrence of the ISGA.
22. Settlement of disputes
Where a dispute arises between the Parties to this Agreement as to its interpretation or implementation, and it cannot be resolved by any other means acceptable to the Parties including conciliation by the Royal Norwegian Government, there shall be an arbitration before a tribunal consisting of three members, two of whom shall be appointed by each Party. The third member, who shall be the Chairperson of the tribunal, shall be appointed jointly by the Parties concerned. In the event of any disagreement over the appointment of the Chairperson, the Parties shall ask the President of the International Court of Justice to appoint the Chairperson.
In the determination of any dispute the arbitrators shall ensure the parity of status of the LTTE and the GOSL and shall resolve disputes by reference only to the provisions of this Agreement.
The decision of the arbitrators shall be final and conclusive and it shall be binding on the Parties to the dispute.
23. Operational period
This Agreement shall continue until a new Government for the North East, pursuant to a permanent negotiated settlement, is established. The Parties will negotiate in good faith to reach such a settlement as early as possible.
Provided, however, that at the end of four years if no final agreement has been reached between the Parties to this agreement, both Parties shall engage in negotiations in good faith for the purpose of adding, clarifying, and strengthening the terms of this Agreement.
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A sad pattern of Sri Lankan conflict - Prof. Oberst, USA
Prof.Oberst of Nebraska Wesleyan University stated that
rejection of LTTE's Interim Self-Governing Authority (ISGA) proposal by a
number of political parties reflects "a sad pattern of Sri Lankan
conflict." He added that several issues raised in ISGA are "relatively
easy to resolve," and other serious issues need to be resolved during
negotiations between the two sides. Prof.Oberst’s talk was presented at the
International Center for Ethnic Studies (ICES).
FEDERAL SOLUTIONS AMONG SRI LANKAN GOVERNMENT CHAOS:
Over the last 20 years, neither side in the Sri Lankan civil war has shown a willingness to negotiate the conflict with the other side. Until Norwegian mediation, there were few direct meetings between the 2 sides and rarely meetings between powerful figures from either side. Even after Chandrika’s peace initiative in 1995, her devolution proposals were never given directly to the LTTE—they were only presented to the TULF.
It is not surprising that when the LTTE presented their Interim Self-Governing Authority (ISGA), a number of Sri Lankan political parties immediately rejected the proposal arguing that there should be no negotiations over the proposal. This has been a sad pattern of the Sri Lankan conflict. No peaceful resolution to any conflict has ever been obtained without negotiations. Communication is a crucial part of any peace process.
The power struggle which erupted between Ranil and Chandrika in October 2003 has made communication difficult. At the moment neither side can speak for the Sri Lankan government. Complicating the situation is the pressure from Sinhala nationalists in Chandrika’s P.A. coalition and the on-again off again alliance with the JVP.
For over 15 years, the Government of Sri Lanka and the LTTE have been very close to agreement. The presentation of the ISGA reflects the limited differences between the 2 sides. If one compares the government’s proposal of June 2003 (or even the Kumaratunga proposals of 1995) with the ISGA, they will see a relatively small difference between the 2 sides. Negotiations are meant to bridge the gap. No peace can be achieved without negotiations. The LTTE has made no indication that they are unwilling to compromise on the proposal’s points. It would be foolhardy for the Sri Lankan government to fail to at least talk with the LTTE about the proposals.
In light of this spirit of compromise, this essay examines the proposals and compares them to the common practices of unitary and federal systems. It should be noted that the defining difference between unitary and federal systems is not their degree of devolution but rather whether or not the local governments created in the devolution are guaranteed their power by the country’s constitution (federalism) or whether the central government reserves the right to restrict their power (unitary systems). As a result, some unitary systems have devolved power to a greater degree than some federal systems. The United Kingdom would be a good example of this. Thus, the comments made in this paper deal with highly devolved political systems whether they are federal or unitary.
It should be kept in mind that the LTTE presented the Interim Self-Governing Authority (ISGA) proposals with a limited scope—namely to oversee the rebuilding of the north and east. It is clearly intended to be a five year plan bridging the gap between the Memorandum of Understanding and a final solution to the conflict. There are a number of features of interim plans which need to kept in mind.
First, the interim plan should be a step to a final plan. It is blueprint to help guide the parties to some ultimate goal.
Secondly, both sides to the conflict need to decide on what that ultimate goal is. They need to have some idea of what the final outcome of the process will look like. In other words, there must be a rough idea of what the final plan (goal) will look like.
Thirdly, the interim plan needs to be part of the bigger picture of an overall settlement and it needs to spell out its place in that bigger picture.
The ISGA does not include any of these features. The omission of these features rightly leaves their creation to the discussions between the two sides. Each of these features should, however, be part of the negotiations between the government and the LTTE.
At first reading, the ISGA could be seen as a grab for complete power in the northeast. However, the document is remarkable not for what it says but rather for what it does not say. The document appears to go well beyond federalism, appearing to set up a confederation. However, many of the proposals are vague with possible room for modification. It is clear that the ISGA does not set up a devolved unitary or a federal system. However, because of its vague points, it does not preclude the possibility of either.
A number of commentators have argued that the ISGA is a blueprint for independence or a confederation. However, the vagueness of the document on these issues could logically be interpreted in other ways. The vagueness of the document leaves a great deal open for interpretation and one must be careful to not read too much into the document.
A point by point examination of how a highly devolved federal system would deal with the proposals raised by the LTTE will illustrate what can be done to make the document more acceptable to the government and to some of its critics. The first 6 observations deal with issues which should be relatively easy to resolve if the government and the LTTE are serious about a federal solution. The last 6 will raise more serious issues during the negotiations between the 2 sides.
1. SOVEREIGNTY: In federal and unitary systems the national government is the supreme authority in the country. The ISGA does not acknowledge this, nor does it deny it. This is a crucial feature of any political system. No successful political system has ever failed to do this. In Sri Lanka there has been a great deal of concern about the central government losing its sovereignty. In some federal systems, such as the United States, sovereignty rests with the people of the country not the political state. In federal systems, sovereignty (given by the people) is shared by the central government and the regional governments.
2. DEFENCE: There are a set of basic responsibilities that all governments give to their central government. One of these is the right to defend the country and its territorial waters from invasion by foreign powers (or poaching by fishermen). This does not mean that the regional government can not have its own national guard or state/provincial militia to help with the defense of the country. However, that militia is ultimately under the command of the national military. A large percentage of U.S. troops now serving in Iraq are from the state militias of the United States. A regional militia would allow the LTTE to integrate its fighting forces into a provincial militia with nominal control by the central government. It should also be noted that the states in the United States are free to fund their militias at the level they see fit. However, the central government also provides financial assistance.
The ISGA deals with this issue in paragraph 18, however it is vague and should be open to modest compromise by the LTTE.
3. FUNDAMENTAL RIGHTS: Another area of central government control is human or fundamental rights. The national government must be allowed to spell out what rights all of its citizens possess. Regional governments must respect those basic rights. However, the regional governments are free to expand those rights as long as they respect the central government’s rights as the basic rights of the country. They may not remove national rights, only increase them. Paragraphs 4, 5, and 6 of the ISGA appear to add to the rights guaranteed in the current Sri Lankan constitution. This area should not be a problem as long as the Sri Lankan government respects the right of the ISGA to expand the rights given to its population.
4. TRADE: All central governments should be able to regulate trade between their regional governments and internationally. Basic rules such as tariffs and customs procedures need to be established by the central government. Regional governments must abide by the framework created by the central government, however, they are free to add to that framework without changing the basic nature of it. In addition, regional governments should also be allowed to carry out trade within the framework and to negotiate trade agreements with other regions of the country and other nation-states. This includes the sending of trade delegations to other nations, participating in trade fairs and other activities to foster trade. Although the ISGA does not acknowledge the role of the central government in trade, it does not appear to contradict what is done in highly devolved states.
5. FOREIGN AID: Once again there may be national guidelines governing foreign aid, but regional governments should have the power to receive and negotiate aid contracts with foreign powers. The same applies for other types of loans and grants. The ISGA (paragraph 12) spells this out and the Sri Lankan government should be willing to accept it. At the current time, it is accepted behavior in Sri Lanka for foreign aid donors to directly give aid to private organizations and provincial councils. Regional governments should have the same power as private organizations and the current provincial councils.
6. FINANCIAL AUDITING: An area of the ISGA which has caused great debate in Sri Lanka and India is the ISGA’s proposal to set up a regional auditor to audit the affairs of the self-governing authority. In highly devolved political systems, regional governments are given the right to audit their transactions. The central government can intervene if there is evidence of criminal violations of central government laws, but for the most part, the regional government is in charge of its financial affairs. In the United States, the people of the state usually elect their state auditor. Once again, the ISGA conforms to the normal practice of highly devolved political systems.
The next five observations should create more difficult negotiations between the Sri Lankan government and the LTTE. Each of these areas will require significant compromises from both sides. It should also be noted that the last 2 observations discussed here were not raised directly in the ISGA. However, they are serious issues which need to be addressed.
7. THE LEGAL SYSTEM: Most federal systems such as the United States and Canada invest the state/provincial governments with the right to have their own legal system and laws. However, there is dual jurisdiction in the country with limited federal laws operating along with state/provincial laws. In some cases, the state laws may overlap with the federal laws. In this case, a person can be tried by both the state and the national courts. The constitution of the country is the supreme law of the land, but as long as state/provincial laws do not contradict the constitution, the state/provincial laws should be allowed to exist. Violations of state laws should also be tried in the state/provincial courts. In the United States, states have a supreme court which is the final court on matters relating to the state constitution and state laws. If a case taken to the state supreme court deals with an issue related to the national constitution, the national supreme court can take the case and become the ultimate decision maker. In the United States, the Supreme Court has often dealt with issues related with violations of civil rights and trade between the states.
The ISGA states (Paragraph 10) that its courts should be the court of final instance. In practical terms, the overwhelming majority of cases in the United States are resolved in the state courts. A very small percentage of cases go to the national supreme court. A compromise allowing cases with national interests to be decided by the national supreme court in Sri Lanka would not deviate sharply from the ISGA. It would be expected that the majority of cases originating under the laws of the ISGA would be resolved in the courts of the ISGA.
It should also be noted that along with its own laws and courts, the regional governments have their own police forces. In the United States, the central government’s law enforcement agencies are very limited in their scope and have increasingly become more important as a source of information and help for the state police forces.
8. COASTAL WATERS AND RESOURCES: The ISGA proposals to give the interim authority complete control over the coastal waters of the north and east raises serious concerns. In no political system in the world, is the control of coastal waters given to their regional governments. This does not mean that there might not be some areas of control that the central government might be willing to concede to the regional authority. In the United States, the control of off-shore resources has led to conflict between the state governments and the central government. Most of this conflict is over environmental issues. Control over resources on the land is a different matter. Highly devolved systems deal with this in different manners but most grant extensive control of resources to the regional government
9. MILITARY HIGH SECURITY ZONES: A more controversial proposal in the ISGA is the call for the immediate removal of all military camps from the self-governing authority. In order to defend the nation from foreign attack, highly devolved political systems allow the central government to have a reasonable number of military installations throughout the country. However, of more unusual concern in Sri Lanka is the widespread designation of High Security Zones throughout the north and east. These areas include large amounts of land seized from their owners without compensation.
The Sri Lankan government can not be expected to close down all High Security Zones until there is increased trust between the LTTE and the government. (For the same reason, the LTTE can not be expected to disarm until there is increased trust between the 2 sides.) However, the seizure of private land without compensation should be addressed. No democratic government has the right to seize land without due process and compensation for that land. The LTTE will need to compromise on this issue. However, the government will have to address the problem of its seizure of private property and failure to provide compensation for that property. It should be expected that the government will respect the rights of private property owners and provide adequate compensation to the owners for past and current use of their land. This may provide a financial incentive to the government to reduce the number of High Security Zones.
10. REVENUE GENERATION: A crucial issue of devolution is how to provide regional governments with adequate sources of revenue. When a highly centralized government, such as Sri Lanka’s devolves powers to new political units, the central government must cede some of its tax sources to the devolved government. The failure of the Provincial Council system was largely due to the Sri Lankan government’s failure to give the councils adequate sources of revenue.
Once again, the United States has had a problem of not giving the state governments enough revenue sources. They have responded by creating revenue sharing where the central government provides restricted and or unrestricted grants to the states.
The success of the ISGA will depend on an adequate sharing of tax revenue by the Sri Lankan government. International pressure may be necessary to insure a fair distribution of tax generating sources. There is also a strong need to study the current tax structure to determine how to restructure it. The ISGA mentions the tax revenue issue but does not deal with the seriousness of the issue.
11. DEMOCRACY: Another issue of concern is the introduction of a democratic structure into the ISGA. Democratic elections offer legitimacy and credibility to a political system. Increased legitimacy can only strengthen the interim government in the eyes of the Sinhalese in the south and, more importantly, in the eyes of potential donor governments and agencies. It is unfortunate that the IGSA proposals did not offer a phased transition to democracy. This could be done in a way that would protect and allow the LTTE to plan the rebuilding and reconstruction of the north and east. It would also make the ISGA less vulnerable to critics among the Sinhalese nationalists and donor agencies.
12. MAJORITARIANISM: Related to the issue of democracy is the ultimate irony of devolution. When central governments devolve power to regional governments, they create regional governments which are unitary in nature. The primary fault of the Sri Lankan system, which led to the Tamil uprising, was majoritarianism. One of the founding fathers of the U.S. federal system, James Madison, described majoritarianism as potentially undemocratic and dangerous. Later scholars have described it as the “tyranny of the majority.” Madison correctly observed that political systems which rule by simple majorities allow a small majority to impose their will on a minority group. He argued for anti-majoritarian institutions to be built into the U.S. political system. Federalism is one of many of those mechanisms in the U.S. system. He argued that when majorities can impose their will on the minority, they undermine democracy.
The ISGA appears to create a unitary, majoritarian system. The north and east have a number of minority groups which could be harmed by a majoritarian system. The Muslims, Sinhalese and East Coast Tamils all might face the “tyranny of the majority.” The ultimate irony of this is that the LTTE might create a political system which has the same flaws that led to their uprising against the Sri Lankan government.
The ISGA indicates that it will create district councils. The nature and structure of these councils will determine whether the LTTE imposes the same majoritarian rule on the minorities of the East and North that the Sinhalese imposed on the Tamils of the north and east. The ISGA proposal leaves open room for negotiations by the affected groups to avoid this. The Muslims, who are preparing their own proposals should seek to work within the framework (or one similar to the ISGA) of the ISGA to correct this flaw in the political system and protect their rights. The creation of or district councils would help to solve the majoritarian dilemma.
If the Sri Lankan government is sincere about considering significant devolution of authority to the regional northeast government, and the LTTE is willing to accept a federal solution, the success of the negotiations should revolve around the final 6 observations in this essay. Needless to say, both sides will need to compromise on these issues. The differences between the 2 sides are not large. A sincere effort on both parties should result in success. However, the disarray in the Sri Lankan government may delay the negotiations. The current political chaos in the Sri Lankan government has led to a great deal of uncertainty about when the government will be able to speak with a single voice again. There are many possible scenarios that could develop-- Chandrika and Ranil could unite, they could come to an unsteady understanding about who has what power or new elections could be held. It is futile to try to predict what will happen. However, in which ever scenario develops, both Ranil and Chandrika should be expected to pursue negotiations with the LTTE. The only questions to be answered is when this will happen and how it will develop.
EU says Tiger proposals important step in peace bid
02 November 2003 (Colombo) - European Union member states welcomed the unveiling of a Tamil Tiger blueprint for a power-sharing arrangement as an "important step forward in the peace process".
The Liberation Tigers of Tamil Eelam (LTTE) Saturday handed over proposals for an interim administration in rebel-dominated areas to the Sri Lankan government through Norwegian peace brokers.
"This represents an important step forward in the peace process," a statement by European Union heads of mission here said.
The EU added it hoped the proposals would lead to a resumption of peace talks stalled since April.
"The EU heads of mission emphasise the linkage between assistance by the international donor community and substantial parallel progress in the peace process," the statement said.
International donors who pledged 4.5 billion dollars in assistance to Sri Lanka during a June aid conference in Japan had linked the release of money to progress in the Norwegian-backed peace process.
The LTTE announced Saturday that they were ending their boycott of negotiations and asked Norway to arrange fresh face-to-face talks with the Colombo government on their historic power sharing plan. (AFP) (http://www.channelnewsasia.com/stories/afp_world/view/55137/1/.html)
ISGA Proposal and Presidents' reaction
On 1 November 2003, the Liberation Tigers of Tamil Eelam – LTTE submitted a proposal to the Sri Lankan government for an Interim Self Governing Authority (ISGA) for the governance of the Northeast, including plenary powers in relation to resettlement, rehabilitation, reconstruction and development, the raising of revenue, law and order, and over land.
The European Union, the USA and many other countries welcomed the LTTE's ISGA proposal and urged both parties to build on this step by resuming negotiations in a timely manner.
According to political analysts and academics in Sri Lanka, as a consequence of the LTTE's ISGA proposal, on 4 November 2003 the Sri Lanka President Chandrika Kumaratunga sacked three important Ministers, of defence, the interior and the media. This posed a serious dilemma in the cohabitation. The President also removed the permanent secretaries of the three Ministries in Colombo.
This action by President Chandrika Kumaratunga appeared to be taken to avoid further peace negotiations between the government and the LTTE.
On 4 November 2003, the European Union, the United Nations, the United States expressed concern over the action of the Sri Lanka President.
(Archives 2002)
President blows hot
CBK warns she can cancel MoU with one command to the army
(Daily Mirror – 26 February 2002)
The delicate cohabitation relationship between President Chandrika Kumaratunga and Ranil Wickremesinghe government was further shaken yesterday when the president claimed she could nullify the memorandum of undertanding with a letter to the army commamder.
Addressing a local government meeting in Ja Ela the president who on Friday
accused the Wickremesinghe government of going through an improper and
undemocratic procedure for the ceasefire accord, insisted she was still very
much the Head of State.
"I can stop Ranil Wickremesinghe's agreement with one letter to the
army commander. There are several suspicious clauses in the agreement with the
LTTE. I have appointed a committee to study the agreement and the report would
be out in a day or two. Then I will take necessary action," the President
pledged indicating she would now persist in her tough line.
The
President said she still saw the LTTE as the most pitiless and deadliest
terrorist organisation in the world - a repeat of the hardline she had taken
during the election campaign last year.
"We also had gone for talks with the assistance of Norway, but we had
conditions. In our talks we had a clause to the effect that the LTTE must give
up Eelam. We said goods to North would be sent only after a definite date was
fixed for substantive talks and a ceasefire.
"In the agreement of the UNP I believe our security camps are facing a
great danger. Ranil Wickremesinghe told me about the agreement at the last
moment. He came in search of me only after LTTE leader Velupillai Prabhakaran
had signed.
He told me to give a word as he had to sign it the following day. "I told
him I would give a word only after studying it. If I wanted I could have
declared it an illegal document. But I did not do so," Ms. Kumaratunga
said.
Colombo, November 3, 2003. The U.S. Embassy has taken note of the LTTE’s delivery of counterproposals made in response to the Sri Lankan Government’s interim administration proposal for the North and East. The Embassy urges both parties to build on this step by resuming negotiations in a timely manner.
With a constructive approach and willingness to compromise, we continue to believe that a negotiated solution to the conflict is possible.
We also believe that it is possible for both sides to reach agreement on an interim administration which, over time, must lead into a permanent peace settlement and governmental structure, in keeping with the principles and statements put forward in Oslo and Tokyo.
We salute the Norwegian government for its ongoing facilitation effort. (03/11/2003 – Embassy of USA, Sri Lanka)
The following statement was issued today by the Spokesman for Secretary-General Kofi Annan:
The Secretary-General is following closely political developments in Sri Lanka. He hopes that President Kumaratunga’s decisions, which were announced today, including a temporary suspension of parliament, will not have a negative impact on the peace process. The Secretary-General wishes to reiterate that he continues to support this process. (4/11/2003 – SG/SM/8981)
EU and EC noted with concern the actions in Sri Lanka
(Joint Statement on Situation in Sri Lanka)
‘’The Presidency of the European Union and the European Commission have noted with concern the actions this morning in Sri Lanka, including deployment of troops in the capital and the action to bring under the remit of the President the Cabinet portfolios of Defence, of Interior, and of Communications.
‘’The Peace Process in Sri Lanka has made substantial progress up to now. This momentum has been assured by continued cooperation and commitment of both the government of Sri Lanka and the LTTE, and by support of ordinary Sri Lankan citizens. The spirit of cohabitation, which has prevailed between the Presidency and the Prime Minister and the Cabinet of Ministers, has contributed significantly to this positive situation.
‘’The international community, including the European Union, has shown its strong commitment to this process. Norway is acting as the facilitator to the peace talks and the rest of the international community is providing funds for reconstruction as well as full political support and other measures, such as the monitoring mission. The Presidency of the European Union and the European Commission believe that the recent developments in Sri Lanka may put at risk the spirit of cohabitation which has proven vital for the sustained forward momentum of the peace process.
‘’The Presidency of the European Union and the European Commission urge the two principal parties to continue to work together in support of a negotiated political solution, as envisaged by the peace process. The goals of peace and prosperity that Sri Lanka so much deserves can only be achieved through the continued cooperation and commitment by all the players involved’’. (EU institutions press release - DN: IP/03/1497 - 04/11/2003)
Could have a negative effect on the peace process in Sri Lanka
– U.S. Department of State
–
‘’We are following developments in Sri Lanka closely. We urge the President and Prime Minister to work together to bolster the peace process and to protect Sri Lanka's democratic institutions. We are concerned that these events could have a negative effect on the peace process and talks with the Liberation Tigers of Tamil Elam, and we stand firmly behind the Government of Sri Lanka in its search for peace after 20 years of bloody conflict’’. (Daily Press Briefing of U.S. Department of State – Adam Ereli, Deputy Spokesman – 04 November 2003)
Concern in India
In neighbouring India, the Indian Express newspaper said "the grande dame of Sri Lankan politics struck swiftly and brought her country to a standstill".
The newspaper said India was concerned about the developments and was in touch with both the president and the prime minister.
"We hope the situation doesn't provoke a constitutional crisis which would impact on political stability in Sri Lanka," the newspaper quoted an Indian external affairs ministry spokesperson.
The Indian Express said it was "more than likely" now that President Kumaratunga's planned week-long visit to Delhi starting 7 November will now be called off.
Norway temporarily withdraws from peace process
14 November 2003 - "Peace talks could have started tomorrow, provided there were clarity about who is holding political authority and responsibility on behalf of the Government to ensure the continuation of the ceasefire agreement and the resumption of peace negotiations. Until last week there was such clarity. Today there is no such clarity. Until such clarity is re-established, there is no space for further efforts by the Norwegian government to assist the parties.", Norwegian Deputy Foreign Minister Mr. Vidar Helgesen told reporters at a press conference held at Hotel Hilton.
He said further that the Prime Minister is unable to give security gurantees and is out of the peace process.
Although Mr. Vidar Helgesen expressed hope that the parties will remain committed to the Cease-fire Agreement (CFA), he made it clear that "the ceasefire will be much more difficult to sustain in a political vacuum".
The statement made by the Norwegian Deputy Foreign Minister follows:
STATEMENT BY DEPUTY FOREIGN MINISTER OF NORWAY
Mr. Vidar Helgesen
14 November 2003 - Over the past days we have had a large number of meetings, including three with Prime Minister Ranil Wickremesinghe, two with President Chandrika Bandanaraike Kumaratunga and one yesterday with LTTE leader Velupillai Prabakharan.
Yesterday, in our meeting with the LTTE in Kilinochchi, Mr Prabakharan asked for a guarantee that the Ceasefire Agreement (CFA) would be respected. In particular he wanted an assurance that the freedom of movement for political cadres be respected in areas held by the Government. We have received very clear assurances that the CFA will be respected and that the Sri Lankan Armed Forces (SLAF) are instructed to continue extending their full co-operation with the Sri Lanka Monitoring Mission. The freedom of operation and the security of SLMM personnel is of particular importance to the Nordic countries participating in the SLMM.
The international community has shown a remarkable degree of support and interest for the peace process in Sri Lanka. The amount of money pledged in the donor conferences in Oslo in November last year and in Tokyo in June this year clearly demonstrates the commitment of the international community to assisting Sri Lanka in its efforts for peace.
Since last week, however, developments that are not part and parcel of the peace process have changed that picture dramatically. The resumption of peace talks is seriously impeded by the political crisis in the south. This has disturbed the peace process and caused serious concerns in the international community.
We deem this a very serious situation. Not because the peace process is fragile, but because it might be made fragile. Even though most concerned parties and players pledge their commitment to upholding the ceasefire, and even though there is overwhelming public support for the peace process, we need to make clear that the ceasefire will be much more difficult to sustain in a political vacuum. If progress in the political negotiations is made impossible, the ceasefire will become increasingly fragile.
It is clearly not, and it has never been, within Norway’s mandate to facilitate between the political parties in the south. As far as our mandate goes, we have one clear conclusion: Peace talks could have started tomorrow, provided there were clarity about who is holding political authority and responsibility on behalf of the Government to ensure the continuation of the ceasefire agreement and the resumption of peace negotiations. Until last week there was such clarity. Today there is no such clarity.
Until such clarity is re-established, there is no space for further efforts by the Norwegian government to assist the parties.
14
November 2003 - Adam Ereli, Deputy Spokesman, US Department of
State, in the daily press briefing stated that the US is "disappointed
that Norway's Negotiators have found it impossible to move forward with the
peace process,"……..
The full text of the transcript :
QUESTION: Far afield and not on any major topic. Do you have anything to say about the suspension of the peace talks in Sri Lanka?
MR. ERELI: We are disappointed that Norway's negotiators have found it impossible to move forward with the Sri Lankan peace process at this time. We applaud Norway's efforts to keep the peace process moving forward, and we encourage their mediators to continue efforts once the President and Prime Minister have resolved their political differences.
We continue to stand behind Sri Lanka in its search for peace, and encourage the Government to continue negotiations with the Liberation Tigers of Tamil Eelam, in order to end nearly 20 years of conflict. We urge the President and the Prime Minister to work together to bolster the peace process, and to protect Sri Lanka's democratic institutions.
(Daily Press Briefing - Adam Ereli, Deputy Spokesman Washington, DC November 14, 2003)
European Parliament Joint motion for a resolution on Sri Lanka
(Doc.:
B5-0490/2003, B5-0492/2003, B5-0495/2003, B5-0498/2003, B5-0505/2003,
B5-0510/2003 - Debate: 20.11.2003 - Vote: 20.11.2003)
Vote
MEPs adopted a joint resolution acknowledging the bold steps taken by the Government of Sri Lanka and the Liberation Tamil Tigers of Eelam (LTTE) to create the conditions in which negotiations may lead to a political solution and a lasting peace. MEPs express its deep concern about the recent developments in Sri Lanka which threaten the internationally supported peace process, notably the decisions by President Chandrika Kumaratunga to sack the three Ministers for Defence, Interior and Information and to prorogue the Parliament of Sri Lanka. The House urges the President, to work together with the democratically elected Government and its Prime Minister. MEPs welcome, therefore, the recent establishment of a committee of officials to work out the details of future working arrangements under which the President and the Prime Minister could work together on these important national issues. Lastly, Parliament calls on the Council, the Commission and the Member States to continue to monitor progress in the search for a lasting and equitable political solution based on respect for human rights and democracy and the rule of law, securing the interests of all peoples and communities on the basis of a federal structure within a united Sri Lanka. (Daily Notebook : 20-11-2003 - http://www.europarl.eu.int/press/index_en.htm)
European Parliament resolution on Sri Lanka
The European Parliament, in a resolution co-sponsored by all
political groups in the body and unanimously approved on 20/11/03 stated that
the decision made by Sri Lanka’s President, Ms. Chandrika Kumaratunga, at the
beginning of November to sack three ministers and prorogue parliament while the
Prime Minister, Ranil Wickremansinghe, was outside the country, represented “a
threat to the peace process” and showed “the need, more than ever, for a real
bipartisan commitment and approach to securing a political settlement in Sri
Lanka between the major parties.”
The Irish member of the European Parliament and former Chief Observer for the European Union’s Election Observation Mission to Sri Lanka in 2000 and 2001, Mr. John Cushnahan, proposed the resolution.
He said that there was “universal good will and support” when Ranil Wickremesinghe, and the LTTE took “brave” steps in launching a peace process to end the “terrible conflict in which 65 000 people have lost their lives, many thousands have been maimed, and untold harm was inflicted on the economy and indeed the quality of life of the Sri Lankan people.”
“It is therefore tragic that a constitutional crisis has occurred between the President and the Prime Minister, threatening to derail the peace process,” said Mr. Cushnahan, adding that he deeply regretted the actions of the President. “I would appeal to her to pause and reflect on the consequences.”
The EP’s resolution said that expectations remain high that an end to military conflict could improve the problematic human rights situation in Sri Lanka, which was documented again in the fourth periodic report on Sri Lanka by the UN Commission on Human Rights.
The Sri Lanka Army has launched a massive recruitment drive to enlist about 4000 soldiers. State controlled media reported in a news items on recruiting that interviews were conducted in many locations islandwide (Daily News –15 August 2003).
Recruitment continues and newly enlisted soldiers are given a fourteen-weeks training in army centres located in Boosa, Panagoda, Diyatalawa, Kandy, Embilipitya, Colombo and Saliyapura in the south and in Ampara in the eastern province.
Those who travel by vehicle in the early morning towards the North may well witness the training given to the new recruits taking place in army camps in Mathvatchi, Vavuniya, Muhamalai and many other places.
This is the first time the army has carried out large scale recruitment since the United National Front government signed the ceasefire agreement with the Liberation Tigers of Tamil Eelam – LTTE in February 2002.
In August 2003 more than 2000 persons were recruited by the Sri Lanka Police Department from Batticaloa, Trincomalee, Amparai, Kalmunai, Akkaraipattu, Muttur and Pottuvil. According to a police spokesperson the highest number of youths attending the interviews were from the Sinhalese community and the Muslim community.
Political analysts have questioned this recruiting, which depends fully on foreign aid ear-marked for Sri Lanka! (Excerpt from “TCHR's report Study Mission” December 2003)
Protests against Peace Process
Sinhala political parties, the Sri Lankan Freedom Party of President Chandrika Kumaratunga, Peoples' Liberation Front (or JVP), Sinhala Urumaya and Sri Lanka's powerful Buddhist clergy organizations have held many protest marches against the present peace process. Protest marches are organized to highlight, in Sinhala extreme nationalists' term, the so-called ''danger'' to the territorial integrity of Sri Lanka.
On 18 September 2003, Sri Lankan media reported that ex-Defence Minister of Sri Lanka, Mr.Tilak Marapone said, "No permanent peace has been reached. Only a temporary ceasefire is currently in force in the country. Hence the government has been forced to strengthen the security of the country and as such there is no room for any compromise regarding the removal of HSZ, (High Security Zones)"!
Chris Patten meets LTTE Leader Pirabaharan
26 November 2003 – European Union envoy Chris Patten held talks with the Tamil Tiger Leader Velupillai Prabhakaran on a controversial visit to Sri Lanka.
Mr. Thamilchelvan who accompanied Mr. Patten to the Kilinochchi grounds spoke at length to the local media persons who were gathered there.
“Our leader Mr. Velupillai Pirapaharan told Mr. Patten it is not at all in the hands of the Liberation Tigers to ensure that there is no return to violence and that it is completely up to the Sinhala polity to see there is no return to war. Mr. Pirapaharan very clearly explained to Mr. Patten that we remain committed to resolving the conflict peacefully”, said Mr. S. P Thamilchelvan, speaking to media following the meeting between the leader of the Liberation Tigers and the European Union’s Commissioner for External Relations Wednesday in Kilinochchi.
“We told Mr. Patten the peace process and the ceasefire have benefited only the Sinhala nation. The Tamils in the northeast have seen little in the 21 months since the ceasefire was signed”, Mr. Thamilchelvan said.
Mr. Patten spoke briefly to reporters at the Kilinochchi grounds before boarding the Sri Lanka Air Force Helicopter. He said he will speak about his meeting with the LTTE leader in detail at the press conference scheduled later in the day in Colombo.
Mr. Patten said that he had emphasised the importance of “people turning their backs on violence for good ahead of the peace process”.
“We explained to Mr. Patten the aspirations of our people. We told him that 21 months have passed since the ceasefire agreement was signed; but that the provisions of the ceasefire are not properly implemented; that our people have not seen any tangible progress or benefit; that military restrictions on them are continuing, normalcy is yet to be restored in the northeast”.
“Our leader told Mr. Patten that the ceasefire and the peace talks have not led to development or reconstruction in the Tamil homeland. The international community is concerned that the instability in the south will eventually precipitate war. Mr. Patten expressed these concerns of the international community during the talks with our leader”, Mr. Thamilchelvan said.
Kofi Annan skips Sri Lanka amid controversy over LTTE meeting
COLOMBO, Oct 5 (AFP) - UN Secretary General Kofi Annan has put on hold a planned visit to Sri Lanka this week amid opposition to his meeting with Tiger rebels inside guerrilla-held territory, diplomatic sources said Sunday.
Annan was expected to stop in Sri Lanka on Friday on his way to a summit of Islamic countries in Malaysia, but has cited his pre-occupation with UN Security Council-related matters as the cause of the delay, the sources said.
The rebel Liberation Tigers of Tamil Eelam (LTTE) had requested that Annan visit the rebel-held Wanni region during his visit to the war-torn island.
The Sri Lankan government objected to such a meeting in Wanni as it could be interpreted as giving the rebel organisation the status of a separate state.
Annan, however, is expected to travel to New Delhi on his way to the summit of the 57-nation Organisation of the Islamic Conference outside Kuala Lumpur.
The secretary general will be in the Indian capital from October 12 to 14 and hold talks with Prime Minister Atal Behari Vajpayee, an Indian government official said Saturday in New Delhi.
There was no formal statement on Annan's trip from the UN office in Colombo which also did not announce his visit here.
The Tamil Tigers run a de facto separate state in areas of the island's north, where the guerrillas have their own police and collect "taxes" from the local population.
The Tigers entered into Norwegian-brokered peace talks with the Colombo government in September last year after entering a ceasefire on February 23, 2002.
Peace talks have been on hold since April when the Tigers pulled out after accusing the government of failing to deliver on promises made at six rounds of negotiations. However, both sides have said they will still abide by the truce.
The Security Council is looking at a US draft resolution on UN involvement in post-war Iraq. Annan has said the draft offers too small a role for the world body to justify the dangers in the country.
Collin Powell writes to President and PM
The US Secretary of State Collin Powell has urged Prime Minister Ranil Wickremesinghe and President Chandrika Bandaranaike Kumaratunga to create political stability in the country in order to continue with the peace process.
The Prime Minister had received the letter sent by Collin Powell on Wednesday evening and the US Ambassador in Colombo met the President on Friday.
Informed sources said that the State Secretary had asked both the leaders to come to a consensus to go ahead with the peace process in order to work out the economical development plans discussed at the Tokyo Aid Conference in June, 2003. Powell's letter also stated that it was not only the stance of the USA but also the expectation of the international community which is very much concerned over the Sri Lankan issue.
Sources also confirmed that Prime Minister Ranil Wickremesinghe was studying the letter with his consultants. Presidential Secretariat confirmed that the USA Ambassador met the President on Friday evening and did not reveal anything further.
Meanwhile, Economic Reforms, Science and Technology Minister Milinda Moragoda is in the USA as a representative of the Prime Minister and he will also be visiting Norway and several other European countries to meet all the Co-Chairmen of the Tokyo Donor Conference. Reliable sources confirmed that he had urged for the 4.5 billion US dollars pledged at the donor conference assuring them that the UNF Government is willing to come to a compromise with the President. He also said that the problem between the prime minister and President could be solved with mutual understanding. (The Sunday Observer – 04 January 2004)
Annan concerned by 'difficult situation' in Sri Lanka,
UN News Centre - 26 January 2004 – Voicing concern over the difficult situation in Sri Lanka, United Nations Secretary-General Kofi Annan today said he still hopes that the peace talks between the Government and the Liberation Tigers of Tamil Eelam (LTTE) can resume in the near future.
The Secretary-General "is most grateful for the positive contribution of Norway to the process and hopes that the Norwegian Government will resume its efforts to bring the parties to the negotiating table," a statement issued by a UN spokesman in New York said.
The statement added that the Secretary-General is glad that the parties continue to respect the ceasefire agreement of February 2002, and appreciates the role played by the Sri Lanka Monitoring Mission (SLMM), which was set up under that accord and comprises observers from Denmark, Finland, Iceland, Norway and Sweden.
Through his spokesman, the Secretary-General also appealed to the international community to continue its assistance to areas most affected by the war.
(http://www.un.org/apps/news/story.asp?NewsID=9568&Cr=sri&Cr1=lanka)
Sri Lanka's 'state within a state'
By Priyath Liyanage - BBC Sinhala Service editor - 2 January, 2004,
To get into the areas of northern Sri Lanka controlled by the Tamil Tiger rebels you have to go through two sets of check points - the first run by a government security team, the second by the Tigers themselves.
It feels like you are entering a different country as you pass through makeshift immigration and customs offices manned by young Tamil Tigers cadres. They impose taxes on any material taken through the checkpoints.
Many travellers complain quietly about how heavy the duties and taxes are. The taxes are raised to sustain the heavy administrative structures the Tigers have in place in the areas under their control.
Those structures include their own judiciary and police force. It is approaching two years now since the Tamil Tigers and the government began a ceasefire in Sri Lanka's protracted civil war. In that time life in the Tamil Tiger areas has begun to change. Some areas have been cleared of landmines, although many mines still remain, posing a hidden menace to local people.
Bullet holes
Shops are now filled with goods, locally produced and brought in from elsewhere. But the reminders of the horrors of war are everywhere. You can still find ruined buildings where every square metre of wall still standing is riddled with bullet holes. Even the shrines and statues of religious icons bear the scars of 20 years of bloody war.
Meanwhile, the rebel offices in their stronghold of Kilinochchi have expanded in the recent. There are also many international organisations active in the area. The increased access to the area since the start of the ceasefire has generated a small, but thriving tourist industry. Roadside stalls and shops sell local specialities from dry fish to the local drink, toddy for the travellers arriving from the south.
Many of the Hindu temples destroyed during the war are being restored. Shrines for Hindu deities stand side by side with memorials for Tiger fighters killed in the war. Many people have now gone back to live in the homes they were forced to flee because of the fighting. Others still fear to go home because of the landmines.
Finding the mines, and rendering them harmless, is a long and hard struggle. The former fighting forces have not agreed to supply the maps of the minefields.
Hundreds of Christian Churches vandalised in Sri Lanka
Gautama Buddha who at birth was known as Siddharthar, was the founder of Buddhism. He was born in the year 563 B.C. in the village of Lumbini near Kapila Vastu, within the present borders of Nepal.
At the age of 29 Gautama Buddha gave up a life of luxury, renouncing the world after seeing the human suffering around him.
The four noble truths of Gautama Buddha are: “There is suffering and misery in life’’, “The cause of this suffering and misery is desire’’, “Suffering and misery can be removed by removing desire’’ and “Desire can be removed by following the eight fold path’’. The Noble Eight Fold Path consists of: right views, right thoughts, right speech, right actions, right livelihood, right efforts, right mindfulness and right meditation.
Unfortunately in Sri Lanka, a country that prides itself as the custodian of Buddhism, Buddha’s preaching is being abused by some of its followers! Power hungry politicians and Buddhist monks who are the “king-makers” in Sri Lanka, are influencing Buddhist followers to go against the other religions.
Since independence in 1948, the Sinhala numerical majority in (Ceylon) Sri Lanka, has claimed this island as a Buddhist country. In 1972, in Sri Lanka, Buddhism was constitutionally (Chapter II, 6) given a “foremost place”. Accordingly it shall be the duty of the State to protect and foster Buddhism’’, even though the constitution, “(assures) to all religions the rights granted by section 18(l) (d)’’.
In the recent past, attacks and vandalism against Christian Churches in Sri Lanka have intensified. Christian Churches have been stoned, burned and vandalised by mobs led by Buddhist monks. Also Pastors’ residences has been attacked and worshippers have been beaten. In one incident in Kotadeniyawa, attackers attempted to rape four women Church workers!
In many parts of Sri Lanka, anti-Christian demonstrations have been organised by Buddhist Monks and handbills against the Christian Churches have been distributed. Demonstrators have issued an ultimatum to the Churches to cease their activities in those areas.
TCHR has collected information on 89 attacks (http://www.tchr.net/religion_churches2.htm) and arson attacks on Christian Churches in Sri Lanka. (List attached) These attacks on Christian Churches and worshippers were well organised by politicised Buddhist Monks. The Police and other government security forces are turning a blind eye. There have been occasions when attacks have even taken place in the presence of Police and Army personnel. There have been very few incidents where the Police have taken action against mobs and Buddhist Monks.
Attacks on Christian Churches and Hindu Temples are nothing new in Sri Lanka. They have been taking place for decades.
According to the statistics collected by TCHR, during the twenty years of bloody war in the North-East, 2076 Hindu Temples and 299 Christian churches in the North (http://www.tchr.net/religion.html) were damaged and destroyed in Aerial bombings and shelling. Also many killings and massacres have taken place in Churches, Temples and Schools.
It is deplorable that these attacks and arson attacks on Christian Churches and Temples have neither been investigated, nor even recorded, in the government books !
In vivid comparison, Buddhism and Buddhist temples in Sri Lanka are expanding with the full backing of the State. New Buddhist temples are being erected not only on government-owned land but also on privately-owned land! In war-ravaged Jaffna for example, which is now under army rule, the only reconstruction done was to renovate the sole Buddhist vihare in the town. (Excerpt from TCHR press release of 10 February 2004)
Religious Freedom
The Assembly of God, Pentecostal Church, Jehovah's Witness and some other Christian sects are functioning in the LTTE administrated areas. When we questioned some of the local people they said here there is no restriction on practising religion and every religion is treated equally. This is evident in the LTTE - submitted ISGA under provision five : "Secularism – No religion shall be given the foremost place in the North East". (Excerpt from “TCHR's report Study Mission” December 2003)
01 January 2004 - Seventy eight year old father of five
children, Mr Vethavanam Varathalingam of 3rd Mile Post, Mulliayadi, Trincomalee
appealed to the Human Rights Commission (HRC) to help him to get his five acre
paddy land from Sri Lanka Army occupation.
Varathalingam brought to the notice of the HRC that the Trincomalee district organizer of the ruling United National Party (UNP) government, is planning to use one acre from his paddy land to build a permanent Buddhist Vihare.
He has pointed out to the HRC that already the government security forces occupying his property since 1990 have constructed a small Buddhist shrine and installed a statue of Lord Buddha.
Internally Displaced People (IDPs)
High Security Zones (HSZs)
Latest stastics on HSZ in Jaffna
(Figures in October 2003)
144.15 Square kilometres
12,259 Acres Land
16,027 Fishing families affected
1670 Families of labourers affected
47 Schools unable to function due to HSZ
246 Places of worship are out of bounds
40 Factories affected by the HSZ.
Affected by the establishment of military camps – HSZ
*Jaffna District Tellipalai East Ariyalai
Houses 390 24594 unknown
Private Houses +29525 unknown 970
Families 30830 24816 unknown
Public Building 48 180 14
Damaged/destroyed Pub.Bldg 242 unknown unknown
Schools unable to function unknown 31 unknown
Places of worship not function unknown 180 unknown
(These figures excluded from directly affected by the creation of HSZs)
Other affected areas by HSZ Amban, Thannankilappu and Eluthumadduval.
Economic damage
Division Million rupees worth Million rupees worth
Economic damage other damage
Tellipalai 75,045 197,111
Chankanai 6225 1280
Sandilipay 16,800 650
Education
116 Schools destroyed
98 Damaged in the Jaffna District
99 Schools suffered destruction of libraries and laboratories
The number of orphans
102 Tellipalai
99 Sandilipay
92 Nallur
79 Uduvil
Children lost Children lost
fathers mothers
Uduvil 508 90
Point Pedro 266 148
Karaveddy 216 163
(‘’Northeastern Herald’’ 21 – 27 November 2003)
Houses and families affected by HSZs in Jaffna peninsula
(As of 30 December 2002)
HSZ No. of Houses No. of Families
Palaly 18000 16426
Thanankilappu 145 145
Point Pedro 196 196
Ariyalai 730 1000
Muhamalai/Eluthumadduval 474 474
Beach Road, Jaffna 300 420
Hotel Subash and Gnanams 10 10
Karainagar number unconfirmed number unconfirmed
Valigamam North number unconfirmed number unconfirmed
Other areas - 65 65
(Delft, Velanai, Kayts)
Total 19920 18736
6645 Houses destroyed, damaged
04 October 2003 – According to rehabilitation officials in the Jaffna peninsula, six thousand six hundred and forty five homes remain completely destroyed or damaged in the Valigamam North Division of Jaffna, which is heavily garrisoned by the Sri Lankan armed forces. All the houses are large and medium permanent brick and cement structures, according to them.
Of these, 2796 are completely destroyed and 3849 are damaged - sans roofs, doors, walls etc., the officials said.
Valigamam North Division was the most densely populated and economically developed region of Jaffna before its population was driven out and it was garrisoned by the Sri Lankan armed forces.
Hundreds of temples, churches, factories, public buildings and amenities lie derelict in this large garrisoned region, overgrown with shrub jungle.
The Sri Lankan armed forces have restricted resettlement in villages bordering the outer perimeter of the Valigamam North garrison.
Military camps sitting on 390 Jaffna houses
Three hundred and ninety houses, 435 families and 48 public buildings have been directly affected by the establishment of military camps in Jaffna District states a recent survey conducted by the political office of the Liberation Tigers of Tamil Eelam (LTTE). The existence of military camps automatically designates the area as a high security zone (HSZ).
The LTTE study, which compiled statistics over a period of time but summed up the figures in October, states that the establishment of the HSZ in Jaffna has also affected 30,395 families and over 29,525 private houses. The HSZ has damaged or destroyed 242 public buildings. These buildings, private houses and families exclude those that have been directly affected by the creation of HSZs around military camps.
When categorised according to towns and villages, Tellipalai is affected worst 24,594 houses 180 public buildings 24,816 families affected by the HSZ. This is followed by, East Ariyalai where 1970 private houses, 2,450 families and 14 public building have been affected by the HSZ. Other areas affected significantly are Thannankilappu, Eluthumadduval and Amban.
The survey goes on to say the area brought under the HSZ is 144.15 square kilometres. Of this, arable land is 12,259 acres. The number of farming families affected thereby is 16,027; fishing families total 4436 and there are 1670 families of labourers.
Forty-seven schools are described as being unable to function due to the Zone including 31 from Tellipalai. Two hundred and forty-six places of worship are out of bounds of which once again 180 are in Tellippalai. Forty factories are also recorded as affected by the HSZ.
‘Economic losses’ and ‘other losses’ resulting from the war are also recorded in the study. In the Tellipalai divisional secretary area 75,045 million rupees worth of economic damage 197,111 million rupees worth of other damage has been incurred. Sanganai records Rs.16225 million worth of economic loss and Rs.1280 million worth of other loss. This is followed Sandilipay suffering economic loss to the tune of 16,800 rupees and other losses totalling 650 million rupees.
Statistics regarding education are as follows: 116 schools have been destroyed and 98 damaged in the Jaffna District. Ninety-nine schools have suffered the destruction of their libraries and laboratories.
As of now there are 6248 teachers in the Jaffna District. Of this number 2096 teachers are of the Jaffna education zone followed 1851 in Waligamam. Jaffna District records a 128,921 students comprising 45,105 from the Jaffna education zone, followed by 39,141 in Waligamam and 24,979 in Vadamaradtchi.
The number of orphans from war is 102 in Tellipallai, 99 in Sandilipay, 92 in Nallur and 79 in Uduvil. In Uduvil there are 508 children who have lost their fathers and 190 their mothers. Pt. Pedro follows where 266 children have lost their father, and Karaveddy (216). Karaveddy records 163 children having lost their mothers followed by 148 in Pt. Pedro. (‘’Northeastern Herald’’ 21 – 27 November 2003)
Registered IDPs in 2002
District No. of Housing Members of the
Units Family
Jaffna 97,317 339,440
Mullaitivu 29,824 116,661
Killinochchi 27,166 112,861
Vavuniya 19,754 77,395
Mannar 12,115 49,798
Batticaloa 5,563 22,425
Trincomlee 4,262 16,470
Ampara 1,055 4,144
Army deliberately destroyed a decorated structure in Jaffna
22
November 2003 – The Sri Lanka Army deliberately destroyed a
decorated structure constructed by students and civilians at the Parameswara
junction along the Jaffna Palaly trunk road in connection with Great Heroes Day
celebration by crashing their heavy vehicle against the structure. A group of
army soldiers at the scene were reported to have loaded their guns when a group
of students at the site objected to the army's action. High tension prevailed
at the site when a gunshot was heard. Later it had been reported that
one army soldier was wounded as his gun had gone off accidentally and
thereafter soldiers hurriedly withdrew from the scene.
The row started when an army truck knocked down an arch that the Jaffna University students were putting up across the Palaly Road in front of their union office around 10. 15 p.m. on 22/11/03.
Later on, at around 1.30 a.m. the following day, a group of police personnel forcibly entered the office of the Thamileelam Students Federation despite the objection by students' representatives that they would not allow entry in the absence of the Sri Lanka Monitoring Mission monitors. The police party forcibly entered and conducted a thorough search in the federation office.
“We checked the students’ union office thoroughly after midnight to see whether there was anything else behind the incident”, Police said.
Even as thousands of internally displaced Tamil people are
languishing in refugee camps, prevented by the Sri Lanka Army from resettling
in their own homes, Sri Lankan government officials with the support of the
government and the Army are actively engaged in settling Sinhala families from
the South of Sri Lanka in the traditional Tamil village of Nelukkulam in
Manalaru in the region of Mullaitivu district.
This State-aided colonization took place when Major. General Janaka Perera (present Sri Lanka Ambassador to Australia), then a Brigadier, was in charge of Mullaitivu district.
The name of the village was then changed from Nelukkulam to "Janakapura" to honour the 'services' of Brigadier Janaka Perera.
Following the signing of the ceasefire agreement between the Sri Lankan government and the LTTE, about 20 displaced Sinhala families returned to Nelukkulam. Some weeks later, another batch of about 100 displaced Sinhala families returned.
A Sinhala school is functioning in Nelukkulam (Janakapura). But it was a Tamil school when Tamils lived in the village.
Sinhala domination continues in Trincomalee
29
January 2004 - Trincomalee district parliamentarian
Mr.R.Sampanthan in a letter sent to the Trincomalee Government Agent, said that
Tamil villages of Upooral and Cheenenveli in the Muttur division should remain
under the administration of the Verugal-Eachilampathu Assistant Government
Agent (AGA) division and should not be moved under the Sinhala dominated
Seruwila AGA division.
Although several representations have been made to government authorities not to bring the two villages under Seruvila division, the planned move is still imminent.
Seruvila division came into existence with the creation new Sinhala settlements under State-sponsored colonization scheme launched by the then Sri Lanka Governments in power in 1960s.
Excerpts from the letter :
"Upooral has 127 families comprising 428 persons. Cheenenveli has 60 families comprising 250 persons. They are all Tamil people.
"The socio-economic interaction of the villages of Upooral and Cheenenveli is with the string of Tamil villages in the Verugal-Eachilampathu AGA division. To give one instance, children who study up to Grade V in Upooral or Cheeneveli go to schools with in the Verugal-Eachilampathu AGA division from Grade VI upwards. The schools are close by, the medium of instruction is Tamil.
"From the point of view of ethnic, linguistic, and cultural affinity, socio-economic interaction, and proximity, the villages of Upooral and Cheenenveli are that these two villages come within the authority of the Verugal-Eachilampathu AGA division.
"Two bring these two villages under the authority of the Seruvila AGA division would subject the residents of these villages all of whom are Tamil people to a great deal of discomfort and inconvenience quite unnecessarily.
"This matter has to be decided upon the basis of the wishes and aspirations, convenience and comfort of the residents of these villages and quite clearly they have to be attached to the Verugal-Eachilampathu AGA division," stated Mr.Sampanthan.
Editor, BBC Sinhala Service, in Jaffna - 24 December, 2003,
Nearly two years into the Sri Lankan ceasefire, Jaffna seems on the surface to be functioning normally again.
But the more-relaxed security forces and bustling international operations do not tell the whole story. The Tamils in this northern town still feel frustrated, under siege and at the whim of political manoeuvring further south.
President Chandrika Kumaratunga's decision to take over three ministries on 4 November derailed any prospect of smooth progress in talks between the rebel Tamil Tigers and the government of Prime Minister Ranil Wickramasinghe.
Tamils here say they are fed up with their lives being turned upside down every time a political leader in Colombo changes policies. "We feel betrayed once again," says an academic at Jaffna University. "This is what happens every time. The Tamil community becomes the victim of southern political games."
Coastal barrier
The latest uncertainty has only increased the frustration. It has stopped any new investment commitment in the north. It also means the army's high security zones remain in place. Palaly airport is in one of them.
No civilians can live within several kilometres and the roads from it are lined with abandoned houses, schools and temples that cannot be used. Much of the coast, too, is barred - a source of intense frustration. The sea has been part of the lives of the people here for generations.
Now the beaches are cordoned off with barbed wire and guarded by armed security forces. Fishermen operate under heavy restrictions.
Mechanical checks
But the frustrations do not end there. Although few Buddhists live in Jaffna outside the security forces, the Buddhist temple in the centre of the city is one building that has been fully restored.
The library, although also restored, cannot reopen because there is a dispute between the Tamil Tigers and the government. The old Regal cinema lies in ruins and video parlours that tried to pick up the business were closed by rebels who regarded them as a bad influence.
Despite nearly two years of ceasefire, the Tamils are still angry at the loss of their former lifestyle.
They do not communicate with the security forces. Many soldiers do not speak Tamil and have little knowledge of the locals. Their checks are done mechanically - even on the Tamils who work in government offices in the restricted areas. It is hard to see, as another year ends, the town of Jaffna regaining its former glory any time soon. (Excerpt - BBC Sinhala Service 24 December 2003)
Food prices soar in Vanni
In a local newspaper published in Kilinochchi - "Vellinatham" of 12 December 2003, the people within the LTTE administrated areas feel that the cease-fire has made their life more miserable than before! One of the reasons given is that food items in the local market have gone up in price. This is because since the cease-fire has been in operation, the produce from the LTTE administrated areas is going to many other markets all over Sri Lanka. This has alarmed local people who have to pay more for food items than before! For example :
Item Before Now
Fish 80.00 140.00
Prawns 100.00 300.00
Cuttlefish 70.00 120 to 140.00
Beef 50.00 100.00
Mutton 100.00 125.00
Mango 3.00 30.00
Bananas 20.00 50.00
District Vision Hearing/ Leg/hand Other Mental
defects speaking defects physical defects
defects defects
Jaffna 8,943 2,917 2,794 5,465 1,602
Mullaitivu 5,023 1,117 2,105 3,001 754
Killinochchi 3,444 923 1,369 1,905 438
Vavuniya 1,749 534 786 1,268 392
Mannar 1,206 414 600 942 190
Batticaloa 248 99 200 213 65
Trincomalee 151 74 101 163 27
Ampara 70 40 45 10 28
Estimated number of landmines
Jaffna Peninsula over 500,000
Vanni and surrounding regions over 1.5 million
Within the last two years, UNDP which is in operation in the Jaffna peninsula, has removed and destroyed over 1,020 land mines and 277 unexploded ordnances (UXO).
Since 1998 in Vanni, the HDU has cleared approximately 100,000 land mines and 200,000 UXOs.
48,518 mines in Paranthan
According to information given to the Humanitarian
De-mining Unit by the United Nations Development Plan the Army buried 48,518
land mines in Paranthan, during the time the Sri Lanka Army was controlling
this area.
Until August 2003, HDU was able to remove only 570 landmines in Paranthan.
(Excerpt from “TCHR's report Study Mission” July 2003)
Most parts of Vanni, especially the A9 road and nearby areas are densely mined. On both sides of the roads “Mines awareness” sign-boards are displayed. Mines clearing projects are implemented by Humanitarian Demining Unit -HDU, which is one of the sub units of the TRO.
The demining is funded by foreign NGOs. The Norwegian People’s Action – NPA funded by ECHO and MAG a British NGO are the two NGOs working in Vanni on demining, mines awareness programmes, fencing of mining areas and education concerning mines.
According to the Co-ordinator of the HDU, presently the demining by HDU is taking place only in Vanni. There is an awareness programme in the East. HDU works with three aims: (1) Raise awareness among the public, (2) Prevention of casualties, (3) Resettlement of displaced people.
TCHR representative visited Iyakachchi near Eelephant Pass – one of the sites where demining is in process.
There was a team of 41 staff working with manual equipment. According to the HDU officials, 189 people have been killed by improvised booby traps and land mines.
By April, 2003, 98,000 land mines and 81,000 unexploded ordinances (UXO) were cleared. In other words 1,470 million square meters have been cleared. This is 2.86% or 1/35 of the total amount of land to be cleared. According to the HDU, another 2 million land mines and UXO are still to be removed. By May, nearly 20,000 people had been resettled in their homes without any fear of losing life or limb.
As there is an urgent need for settlement of civilians back into their homes, demining has to be speeded up with more sophisticated equipment rather than the manual equipment currently used.
Demining programmes are also taking place in Mannar by another foreign NGO.
One of the problems the civilians are facing in their re-settlement is housing. Houses are destroyed or totally burned down, mines are everywhere, there are not enough building materials in the market and very few professional carpenters and masons are available. Also the displaced people do not have the financial resources to re-build their houses.
District No. Villages De-mined Families to be settled
Villages Village after de-mining
Jaffna 93 12 19,314
Mullaiitivu 127 21 6,767
Killinochchi 92 30 6,408
Vavuniya 75 14 3,606
Mannar 38 02 1,418
Trincomalee 07 02 number unconfirmed
New Land-mines planted
TCHR representatives also visited Jaffna.
During the first week of December, it was reported in the local media that the Sri Lanka army was laying a new minefield near the village of Manalkaadu on the South-eastern coast of Jaffna peninsula. When this news was published, a group of top Army officials visited Manalkadu and demanded the residents make statements saying that the Sri Lanka Army had not laid any new mines in their area and the mines the villagers have found had been laid earlier; before the cease-fire.
The civilians insisted that they had seen army soldiers laying new mines and that the soldiers had ordered them not to enter the area where the mines had been laid. The Sri Lankan Army prevented villagers from going near the Casuarina plantation when it started laying mines there.
The people from Manalkaadu lodged a complaint with the Human Rights Commission of Sri Lanka in Jaffna on 9th December 2003. TCHR representatives could not visit the Casuarina plantation in Manalkaadu due to Army restrictions preventing visits to this area!
According to a government official, several parts of the Jaffna peninsula still remain unsuitable for resettlement and human habitation due to landmines and unexploded ordnance (UXO). Nearly 1179953 square metres in Jaffna are considered infested with landmines and UXOs. Only 260168 sq. metres have been cleared todate. According to government statistics, nearly 973785 sq. metres in Jaffna are infested with lethal landmines and UXOs.
One of the reasons for the delay in removing landmines and UXOs in the Jaffna peninsula is the difficulty in obtaining the locations of minefields from the Sri Lanka army!.
In November the Sri Lankan army objected to the work of a Danish de-mining group in the coastal village of Katkovalam in Jaffna peninsula and the demining operation in this area was stopped.
In Jaffna; the US army backed RONCO, UNDP assisted MineTech, the Halo Trust, an international NGO and the Danish demining group are working in different locations.
Sri Lanka is one of the countries that has not signed the Ottawa Convention on banning the use of landmines. (Excerpt from “TCHR's report Study Mission” December 2003)
CIVIL AND POLITICAL RIGHTS
Concluding observations of the UN Human Rights Committee
On 6 November 2003, the concluding observations of the United Nations Human Rights Committee were delivered to the government of Sri Lanka, in response to its recent report to the Committee.
In its observations, the Committee has severely criticised Sri Lanka, and has demonstrated its displeasure by calling on the government to respond to four of its concerns within one year, under a special provision in its rules of procedure (rule 70, para. 5).
This is the first time that the Committee has instructed Sri Lanka to respond within one year; previous reports were to be submitted within four years.
The government is required to report on its activities with regards to the following four areas by next November.
First, it should bring the provisions of Chapter III of the Constitution into conformity with articles 4 & 15 of the International Covenant on Civil and Political Rights, relating to the limits of emergency powers and retroactive legislation respectively.
Secondly, it should take effective action to prosecute perpetrators of torture, establish an effective procedure for complaints against the police and establish a witness protection programme.
Thirdly, it should give effect to the recommendations of the UN Working Group on Enforced and Involuntary Disappearances and the Presidential Commissions for Investigation into Enforced or Involuntary Disappearances.
Fourthly, it should take appropriate steps to prevent all cases of harassment of media personnel and journalists, and ensure that such cases are promptly investigated and prosecuted.
As a matter of protocol, the Committee made some positive remarks about the situation in Sri Lanka, namely with regards to the ceasefire agreement, establishment of the National Human Rights Commission, measures taken to improve public awareness on human rights, and ratification of the Optional Protocol to the Covenant. However, most of the concluding observations (paragraphs 7 to 22 of 22) consist of lengthy observations and criticisms of the culture of impunity still prevailing in the country.
This is the strongest document to come from one of the highest bodies within the UN system regarding Sri Lanka. It completely exposes the ineffective system of investigation into human rights violations and prosecutions. That the Committee chose to call on Sri Lanka to reply within one year is due in part to its earlier recommendations having been completely ignored. It is well aware that the government of Sri Lanka has been unwilling and unable to protect the rights of its citizens through proper investigations and prosecution.
In his concluding remarks, the chairman of the Committee pointed out that human rights are not something futuristic; rather, people must be protected now. This comment speaks to the premise underpinning all of the concerns outlined in the observations. The Committee will be satisfied only if all human rights violations past and present are dealt with properly, and impunity is brought to an end.
One of the most disappointing episodes during the Committee's deliberations was when the delegation from Sri Lanka denied the allegation of torture made by a seventeen year old boy, Chamila Bandara. After Chamila spoke to the Committee regarding the severe torture he experienced at the hands of the Ankumbura police, the delegation blatantly denied the allegation, contrary to all evidence.
Will the government of Sri Lanka ignore the latest recommendations, as it has done in the past? The answer to this question will be answered within the coming year, not by rhetoric, but by evidence of action.
Political manoeuvring
In our last report we mentioned the huge cut-out of Eelam Peoples Democratic Party – EPDP’s leader’s photo and his declaration at Muhamalai check-point. It still remains untouched! The bypassers do not consider this as a peace message either from President Chandrika or from Prime Minister Ranil Wickremasinghe.
We noted in our previous report that the EPDP cut-out at Muhamalai could be brought down in 10 minutes by a telephone call by the Minister of Defence to the Army chief in Jaffna. This has not been done, and therefore is disturbing evidence of the level of seriousness of the present government, said many people in Jaffna. This cut-out will certainly earn more enmity.
On Tuesday 9th December 2003, TCHR representatives who were in Jaffna town personally witnessed that members of the Eelam People Democratic Party (EPDP) were distributing anti-LTTE leaflets. While doing so, the EPDP members were guarded by the Sri Lankan army and Police.
This is typical proof of President Chandrika's open backing of EPDP cadres who work against the peace process. Many onlookers asserted that this incident also clearly proves that the EPDP does not enjoy the people's support in Jaffna. (Excerpt from “TCHR's report Study Mission” December 2003)
Shooting in Jaffna
9 December 2003 A Sri Lanka army soldier at the sentry point near the main bus station opened fire on a paper seller in Jaffna town in the after noon around 5:00pm. The paper seller and a commuter in a bus were seriously wounded
The shooting followed an argument between a person who was selling copiers of 'Eelanatham' newspaper near the sentry point and the soldier who ordered the paper seller to leave that place. When the disturbed paper seller refused to obey the order the soldier had opened fire. The paper seller suffered an injury and ran away and a commuter who was in a parked bus was also injured. TCHR representatives had been at the same bus stand a few minutes before the incident took place.
(Excerpt from “TCHR's report Study Mission” December 2003)
Disappearances and Chemmani mass graves
(For the list of disappeared persons, please refer to TCHR website)
“Disappearances” which took place in Jaffna soon after the Sri Lanka military captured the Jaffna peninsula remain unresolved! In every nook and corner of Jaffna, people are asking what the International community is doing on these matters. TCHR representatives entered Jaffna, via Chemmani. The driver explained to us the area where exhumation of a few of the bodies took place and the other areas where bodies are suspected to have been buried. Chemmani is a vast open area! Earlier Chemmani was only known for its traditional Hindu cemetery (cremation) which has existed there for many years. Since 1995 this area has been used by the Sri Lanka army.
As there were complaints from various groups, parliamentarians and religious leaders, President Chandrika Kumaratunga appointed a Board of Investigation (BOI) on 05 November 1996 to inquire into complaints of disappearances in the Jaffna peninsula.
The government decided to establish this Board, because the existing procedure of inquiry into these complaints was considered ineffective and totally unacceptable. The existing procedure of inquiry into these complaints was by the Police or the Military itself against whom the original complaints were made!
The following members were appointed as members of the Board under the Chairmanship of Mr. E. S. Gunatilaka, Additional Secretary of Defence. On 01 December 1996 Mr. Bandula Kulatunga, a retired Senior Officer of the Sri Lanka Administrative Service was appointed as Chairman to give a picture that the Chairman is independent from the Defence establishment!
(1) Major General W.A.A De Silva – General office Commanding 1st Division of Sri Lanka Army,
(2) Rear Admiral H.C.A.C. Tissera – Chief of Staff, Sri Lanka Navy. Later he was replaced by Rear Admiral D.K.Dassanayake
(3) Air Vice Marshal K.G.A. Peiris – Chief Staff, Sri Lanka Air Force
(4) Mr. P. B. Ekanayake, Senior Deputy Inspector General of Police
For this board the staff was provided with a secretary by the Sri Lanka Navy. Lt. Commander H. Banagoda was designated as Secretary with two Chief Petty officers W. Piyasena and B.L.H. Pereira.
The Board meeting was inaugurated on 18 November 1996. The total number of complaints received by the Board was 2,621.
Source of Complaint No. of Names in the
Complaints
Representation made to President Chandrika 132
Members of Parliament 415
Chairman Rehabilitation – Construction Authority 68
Government Agent of Jaffna 197
Vatican Embassy in Colombo 189
ICRC 275
United Nations 178
Amnesty International 232
Aggrieved Parties (Direct) 539
List forwarded by the Mothers’ Front 396
Total 2621
In fact, the United Nations Working Group on Enforced and Involuntary Disappearances prepared and forwarded 651 fact sheets to Sri Lanka’s Permanent Representative to the UN in Geneva. Eventually this also reached the BOI through the Ministry of Foreign Affairs in October 1997.
The BOI met the representatives of the International Committee of Red Cross – ICRC on 19 December 1996 and the representatives of the Amnesty International on 20 August 1997.
The representatives of both institutions expressed their satisfaction with the work done and were keen that those responsible for disappearances should be brought to book.
The representatives of the BOI visited Jaffna in January, April, June, August, October, November and December 1997 and met with complainants or next of kin of disappeared persons. The total expenditures incurred by BOI of Rs. 650,000 Sri Lanka rupees. This includes salaries, translation fees, food, snacks and travelling.
The BOI established certain factors and stated that it could not come to any final conclusion! Obviously it was not an independent inquiry. 99% of the positions on this Board of Inquiry were Defence staff.
The International organisations were shocked by the factors established by this board! “What will they do next?” is the question asked by Civil society around the world.
Some of the factors established by the BOI :
1- They are (disappeared) still in Refugee camps or displaced in uncleared areas.
2- Young men and women may have voluntarily joined the terrorists.
3- May have left Jaffna and are in other parts of the country with relations and friends or employed in areas out side North and East.
4- **Killed in cross fires and in Naval operations in the seas while fishing in banned areas especially after dark.
5- May have either joined or conscripted by political parties like EPDP, PLOTE etc or are held in their detention centres.
6- Serving as informants to Security Forces, Police Department Intelligence Units and not willing to disclose their identity due to fear of harassment to their families by terrorists.
** This factor was established because the Navy play a key roll in the BOI.
Also the BOI has stated that, “The ICRC, Amnesty International and the UN Working Group on Enforced or Involuntary Disappearances did not provide the name and address of next-of-kin or complainants!” The BOI further said that they understand that on principle these organisations do not provide such information.
A human rights activist in Jaffna said that if these organisations did not have this policy, we would experience even more disappearances than those which have already taken place.
(Excerpt from “TCHR's report Study Mission” July 2003)
MISSING PERSONS GUARDIAN ASSOCIATION - MPGA
We met a few members of the MPGA including Mr Satkunam, who has been in the post of Secretary since 1998. They said that this organisation was founded by Douglas Devananda, the Leader of the EPDP in 1996. We could not meet Mr. Selvarajah, the President of this organisation.
They all spoke to us in frustration and anger. They were complaining that they have done everything possible to trace their kith and kin who were disappeared soon after the Sri Lanka army captured Jaffna peninsula, to no avail. “We have met many NGOs, many parliamentarians, many international human rights activists, yet what have they done to trace our children, husbands, brother and sisters? Everyone is using us for their own benefits. NGOs are using us to get foreign funding, politicians are using us to get political mileage, some NGOs and journalists from the South come here with their hidden motives”, said MPGA.
Amnesty International said in 1997 that as many as 600 people who "disappeared" in the Jaffna peninsula after the Sri Lankan Army moved into the area in 1996, had "died under torture or been deliberately killed."
Mr. Satkunam said that at the beginning nearly 234 names were collected of those who were disappeared in Jaffna. These are only the names of those whose kith and kin are members of this organisation. This was the initial list that was given to various organisations and institutions including the President of Sri Lanka. However there are NGOs who prepared the full names and details of those who have disappeared. This list comprises 660 names which have already been passed to an International organisation.
Anyway, before the last Presidential election, Chandrika Kumaratunga spoke to Mr Satkunam on the phone. This was a phone call arranged by the authority in Jaffna and she promised that they will look into this matter. But to their surprise, Chandrika Kumaratunga sent a letter to each member saying that she is searching for the missing persons but nothing found to date. (Excerpt from “TCHR's report Study Mission” July 2003)
Human remains have been found in many places.
On 23 June 2003, human skeletons and other remains were recovered in the Nedunkulam junction area in Ariyalai, Jaffna, by members of a group engaged in mine clearing operations along the Jaffna-Kandy (A9) road. An important Army camp which master-minded hundreds of disappearances in the Jaffna peninsula in 1996-97 was situated in Ariyalai.
On 30 September 2003, human skeletons were also found under the damaged Kilinochchi provincial health services building during its reconstruction.
The Sri Lanka Army occupied the Kilinochchi town area in 1996, and the occupation lasted until 1998. During this period in Kilinochchi, 184 civilians who visited the area to inspect their lands and homes were reported as disappeared.
In the East, on 12 October 2003 human remains were found in a pit near the Periyathambiran Temple in Thiruaikerni in Pottuvil-Batticaloa.
Since 1998, many human skeletons have been found. Skeletons, bones and other evidence have been unearthed in toilet pits and recovered from wells, sewage pits, shallow waters, abandoned sentries and riverbeds.
Skeletons belonging to 71 persons have been recovered from wells, sewage pits or in shallow waters.
Attrocities of Janatha Vimukthi Peramuna (JVP) or
Peoples' Liberation Front
During the period 1987-1992 the JVP murdered hundreds of members of the working class in the South of the island in order to force people to join anti-government strikes.
Just 15 year ago JVP attacked the holiest of Buddhist shrines, the sacred Sri Dalada Maligawa in Kandy and also the Katunayake International airport.
Information below is gathered from a news paper in Sri Lanka. (An official document marked 'top secret' listed killings that the JVP carried out during this time.)
Killed :
3210 Informants 1735 Government supporters 487 Government servants
52 Educationists (Including 50 Principals, a vice chancellor and a University professor)
70 Politicians (35 were leading politicians)
Service personnel :
209 Security forces 342 Police personnel 98 Home guards
In 1989 alone, JVP murdered 24 Buddhist clergies (For refusing to bow to the Marxists principles)
Name of Buddihist Clergy Buddhist Temple Date
Rev. Poddalamulle Premaloka 18/12/1988
Rev. Marambe Somaratana 31/12/1988
Rev. Angunakolapelasse Upali 07/01/1989
Rev. Kumbagoda Gunaloka Mihintale Temple 11/07/1987
Rev. Kotikawatte Saddhatissa 03/08/1989
Rev. Hemaloka Nandimithra Temple –Pallama 04/08/1989
Rev. W. Pangnatisa Athurugiriya Temple 13/08/1989
Rev. Soragune Pangnasara Rajamahaviharaya 20/08/1989
Rev. Kirawanagama Pangnarama 27/08/1989
Rev. Welltota Pangnadassi Kithalagamuwa Temple 30/08/1989
Rev. Pelpola Dharmapala Jayasumanaramaya 04/09/1989
Rev. Muditha Sri Sudharshanaramaya – Hiniduma 05/09/1989
Rev. Kahawa Wimalasiri Bodhirajaramaya 09/09/1989
Rev. Mahanuwara Dammarakkitha Bambarangala Temple 18/09/1989
Rev. Govunne Rathanajothi Mawelagama Rajamaha Viharaya 20/09/1989
Rev. Thiaranagama Rathanasara 29/09/1989
Rev. Thambugala Anandasiri 13/10/1989
Rev. Dikpitiye Angirasa Sri Keththarama Temple 05/10/1989
Rev. Kalutara Dharmarathana 12/10/1989
Rev. Wimalakeerthi Dangolla Temple – Horambawa 20/10/1989
Rev. Nikapitiye Siddhartha Deliwala Temple 30/10/1989
Rev. D. Gunawansa Mangalagama Pirivena – Molagoda 05/11/1989
Rev. Welipitiye Pangnatissa Viyaneliya Temple 29/11/1989
Rev. Bamunupotha Somarathana Medpitiya Temple 10/12/1989
Rev. W. Pangnananda Weulukannala Temple 11/12/1989
Rev. Ambewela Chandrajothi Kulubululanda Viharaya 12/12/1989
Rev. Rekawa Pangnasiddhi Ubhayaramaya Temple – Rekawa 16/12/1989
In 1987 and 1988 two Catholic priests were killed by JVP.
Name of Priest Place of incident Date
Fr. Michael Paul Rodrigo Subaseth Gedara, Kataragama 11/10/1987
Fr. P. Lionel Jayasinghe Lanka Deva Sabhawa – Tissamaharamaya 25/03/1988
Vandalism and sabotage by JVP
Destroyed
553 CTB buses 15 CTB depots 01 CTB workshop
113 Government vehicles 29 Private vehicles
Vandalised
16 Trains 12 Rail tracks 24 Railway stations
680 Post offices 18 Postal vehicles 12 Telecommunication centres
01 CTO building 84 Key telephone lines
04 Paddy collecting centres and cultivation and milk collecting centres
73 Tea factories 38 Estate bungalows
Many Estate vehicles, Tea leaf collecting centres
Corporations vandalised
(1)Timber Corporation depots, (2) Distilleries, (3) Weaving centres,
(4) Building Materials Corporation, (5) Plywood Corporation, (6) Cashew Corporation,
(7) Fertiliser Corporation, (8) Mining buildings, (9) Government schools.
Sabotaged
132 Electric transformers 13 Pylons 69 Power lines
02 Power stations 25 Electric meters 09 Elec-sub stations
103 Agrarian service centres
Attacked
More than 40 Banks
21 Government office
294 Offices of Government agents
Private property damaged
107 Homes of service personnel 76 Houses of Police officers Home Guards
20 Houses of civilians 33 Private buildings
05 Sarvodaya Centres Homes of provincial council members,
Social centres and Trade union offices
Foreign construction projects and construction centres
Arrest and detention are legal in any judicial system. But when there is an arrest without reason and arbitrary, obviously the detention goes against international standards. In some cases arbitrary arrests end up in involuntary disappearances. If this is the case, it earns media highlighting and human rights activists take up the issue. Then it is a problem for the authority which orders the arbitrary arrests and detentions.
Nowadays there are governments around the world that have created special laws, acts, regulations, etc as temporary measures, under the pretext of dealing with extraordinary security situations, to justify arbitrary arrests and detentions without trial. In countries like Sri Lanka these temporary measures become permanent and the special laws never comply with international standards. The International Covenant on Civil and Political rights (ICCPR) Part III, Article 9 – Paragraph 1 states that “No one shall be subjected to arbitrary arrest or detention’’.
Unfortunately countries which are abusing power, take advantage of the ICCPR. In the above mentioned paragraph it is also stated that, “No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law’’. This is where the special laws, acts and regulations are used to "justify" the arrests, but does not apply in case of arbitrary arrests. It is worth noting that under its obligations as party to the ICCPR, the state is obliged to inform the UN Human Rights Committee of changes to the law, amendments and so on in this area.
Sri Lanka has been a party to the ICCPR since 1980. The Sri Lanka parliament passed draconian temporary provisions known as the Prevention of Terrorism Act – (PTA) on 20 July 1979, which has been in force continuously over 25 years, until the present day. During 20 years of bloody war in the North East, thousands of Tamil youths have been arbitrarily arrested and detained in various prisons and police stations.
The Act allows confessions made under torture to be accepted as evidence against those arrested, and thus encourages torture to be carried out with impunity. Almost every Tamil arrested is assaulted, tortured and a self-incriminating statement is extracted from him/her. Victims of these arrests and detentions are systematically forced to sign statements written in Sinhala, a language they do not understand.
In accordance with the Memorandum of Understanding (MoU), signed on 22 February 2002, between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE), under Article 2.12 entitled ‘’Measures to restore normalcy’’, “arrests under PTA shall not take place”.
Since the MoU was signed, many Tamil youths who were arrested under the PTA, have been released. They have not received any compensation.
There are 58 male and female Tamil detainees, (Please refer to TCHR website for the list) arrested since 1995, who are still in detention! They have been charged with various offences but their trials are proceeding at a snail's speed ! According to their lawyers most of the charges are fabricated!
There are also 18 Tamil political prisoners, arrested since 1993 and charged with various accusations who have received sentences ranging from 5 to 70 years imprisonment, life sentence and death sentence.
Since July 1979 all arrests of Tamil youths were made under the draconian PTA. The PTA in Sri Lanka has been highly criticised by many International NGOs as well as by UN special rapporteurs. For many years, NGOs have condemned the PTA in Sri Lanka, in all the UN Human rights forums including the Commission and Sub-Commission on Human Rights.
We appeal to the Government of Sri Lanka to release immediately the 58 Tamil detainees as well as 18 Tamil political prisoners who were arbitrarily arrested, detained and charged under the draconian PTA which does not meet international standards.
We also appeal to the UN Working Group on Arbitrary detention to raise their concerns regarding these political prisoners and detainees in Sri Lanka. (TCHR Press release of 22 February 2004)
World-wide and the International community
At this time when the world is mourning the tragic loss of more than 15 UN staff including the High Commissioner for Human Rights, Mr Sergio Vieira de Mello, TCHR joins with all those grieving for those slain.
TCHR expresses shock and dismay at the loss of life caused by the explosion which took place at the UN Baghdad Headquarters on Tuesday 19th August. It was an outrageous attack on those who were working to promote human rights, humanitarian work and the principles of justice. It was in fact, an attack on humanity itself.
Mr Vieira de Mello had worked with the UN for 30 years and was dedicated to the relief of suffering of his fellow women and men in all continents of the world, helping people resolve conflicts and rebuild war-torn societies. He had worked as an official of the High Commissioner for Refugees, as Emergency Relief Co-ordinator, as the Special Representative of the UN Secretary-General in Kosovo and East Timor, as High Commissioner for Human Rights and as Special Representative of the UN Secretary General to Iraq.
The perpetrators of this attack should be brought to justice without delay and importantly, this should be done in a manner respecting international human rights norms.
TCHR expresses heartfelt condolences to all the bereaved families and injured victims.
IDPs need more assistance to return in safety and dignity
(Source: Norwegian Refugee Council - 16 September 2003)
Geneva, September 16, 2003 - More than 300,000 people, out of a total displaced
population estimated at 800,000, have returned home since a ceasefire ended 20
years of hostilities in 2002. Despite the ceasefire, however, many remain
displaced, while many of those who have been able to return have not done so in
safety and dignity.
Returning IDPs face safety threats, property dispossession, landlessness and a lack of basic infrastructure and basic services. Two large groups, in particular, are in need of better security arrangements before returning: Some 125,000 non-Tamils from rebel-held areas and some 50,000 Tamils from government 'high security' areas (HSZ).
Returned but still displaced
Large numbers of internally displaced people have headed home in war-torn northern regions of Sri Lanka since a ceasefire was signed in early 2002. Over 311,000 IDPs have returned or relocated to northern and eastern areas in the past 18 months, exceeding expectations and showing confidence in the peace process (MRRR & UNHCR June 2003). Once travel restrictions were lifted and military activities ended in early 2002, IDPs began heading home, at least temporarily to check on security conditions and properties. Many discovered that their houses and properties had been either destroyed, looted or had been taken over by other displaced people. Some have decided to wait before taking their families home and remain in welfare centres or with friends and relatives. Others are now struggling to rebuild their homes and restart a livelihood.
Returnees face difficult challenges in their home areas. Most of them are subsistence farmers, fishermen, agricultural labourers or unskilled workers who need strong support from the government and aid agencies to restart their lives. The war has caused widespread destruction in the north and east of the country and serious reconstruction and rehabilitation efforts are needed before a large-scale return can be sustained. An IDP survey conducted by UNHCR and the Ministry of Rehabilitation, Resettlement and Refugees (MRRR) during 2002 showed that close to 150,000 IDP families or 92 per cent of the total displaced population required some kind of assistance to achieve durable solutions (MRRR & UNHCR May 2003). So far the Government is providing little assistance to returnees and the difficulty in restarting a livelihood is one of the main problems slowing down return (CPA February 2003, p. 39). Since December 2002, the rate of monthly return has gradually decreased from over 15,000 to less than 5,000 in June 2003 (MRRR & UN June 2003).
Housing is one of the main issues facing the returnees with an estimated 327,000 houses partly or totally damaged by the conflict in the north-east. Reconstruction efforts have bee slow to date and an estimated 58 per cent of the damage units remain totally inhabitable, about half of them in Batticaloa and Jaffna district (ADB, UN & WB May 2003, p. 32)
IDPs from the government's High Security Zones (HSZ) will remain displaced as the parties argue over humanitarian and territorial concerns. The Zones were a bone of contention during the fourth round of peace talks in January 2003, when the Sri Lankan government demanded that the LTTE disarm before allowing some 50,000 civilians to resettle in these areas. Sidestepping the problem, the parties agreed to start resettling people outside the security zones (Government of Sri Lanka 8 January 2003). Since then, the issue has remained unresolved hampering the return of tens of thousands of displaced. In the Jaffna peninsula, where more than half of the 311,000 IDPs have returned, an estimated 30 per cent of the area is still occupied by the Sri Lankan Army (SLA). The military presence not only prevents the return and resettlement of many IDPs in the HSZ but it also negatively affects economic activity, in particular by placing severe restrictions on fishing activities (CPA February 2003, p.50).
Majority yet to return
Although over 311,000 Sri Lankans IDPs have returned home, more than twice as many remain displaced throughout the country. During more than 20 years of civil war in Sri Lanka, more than a million people were uprooted and some 64,000 were killed.
A total of 800,000 Sri Lankans were estimated to be internally displaced at the end of 2002. During 2002, the MRRR and UNHCR conducted a nationwide IDP survey to register displaced persons and collect data on their needs and intentions. Some 613,000 people voluntarily registered as IDPs. This figure did not include some IDPs who had already returned by the time the survey was completed in August 2002, estimated at 160,000. Despite the return movements, UNHCR continue to use the 613,000 figure for its country operation plan, considering that many of those who have returned have not yet been properly resettled and are still in need of assistance to restart a livelihood (UNHCR 3 September 2003).
The majority of the displaced are located on the northern districts of Jaffna (113,133), Mullaitivu (115,590), Kilinochchi (105,570) Vavuniya (73,235) and Mannar (46,801) while the eastern districts of Batticaloa (22,733) and Trincomalee (16,631) host fewer IDPs. Puttalam district in the west is home to some 66,184 IDPs, most of them Muslims evicted by the LTTE in early 1990 from Jaffna and Mannar (MRRR & UNHCR May 2003). In June 2003, some 102,000 IDPs were still living in 315 welfare centres, mainly in the north (UNHCR 3 September 2003).
Of the 311,000 who have returned, relocated or are in transit, more than half have moved to or within Jaffna district (170,768). Other districts receiving large numbers of returnees are Kilinochchi (57,242), Mullaitivu (34,107) and Vavuniya (21,086) (MRRR & UNHCR June 2003).
The IDP study revealed that 63 percent of the IDPs surveyed in the north-east wanted to return home; 25 per cent wanted to remain where they were; 3 per cent preferred to move to a new place and 7 per cent were undecided (ADB, UN & WB May 2003, p. 11). Similarly, the same proportion of IDPs in the border districts expressed the wish to stay and integrate in their area of displacement (ADB, UN & WB 9 May 2003).
Displacement in Sri Lanka has been characterized by its long duration and a pattern of multiple displacements. In some areas, families have been displaced as often as five times while many IDPs in camps have been displaced for more than 5 years. Some, like the Muslim IDPs now residing in camps in Puttalam, have even been displaced for more than ten years (CPA February 2003, p. 25).
A history of repeated displacement and the bleak prospects upon return to areas devastated by war explains why many prefer to stay temporarily or permanently in their area of displacement. A survey by UNHCR among IDPs in welfare centers in Vavuniya district at the end of July 2003 revealed that the two main reasons for not returning were the issue of the safety of the children and the issue of landlessness (UNHCR 20 August 2003).
Landmines, abuses
Displaced people returning to the Jaffna and Vanni areas face risks to their safety from large numbers of landmines. After 20 years of fighting, Sri Lanka is riddled with an estimated 700,000 landmines, most of them buried in heavily populated and fertile areas like the Jaffna peninsula and Vanni, representing a serious threat to civilians. Since the ceasefire, some 54,846 mines and 13,149 UXOs have been cleared but much remains to be done to protect the returning IDPs. There were some 142 mine casualties reported in 2002, but the real number is believed to be much higher (ICBL August 2003). Mine Education is reportedly only provided upon return and none provided in IDP camps or settlements prior to return (CPA February 2003, p. 7).
Property loss
The war has caused enormous damage to property in the north-east. Many returnees have lost their homes, property and business premises after private and state property suffered extensive damage during two decades of civil war. Many other IDPs, in particular those of the second generation who have reached adulthood during displacement are landless and have nothing to return to.
It is estimated that the conflict has damaged close to 90 percent of the houses owned by displaced persons in the north-east (ADB, UN & WB May 2003, p. 32). Others have found their properties occupied by other displaced persons or by military personnel. Requisition of land and buildings by the military occurred frequently during the war, with no compensation generally paid to those evicted. After being away for more than 10 years many IDPs face the risk of being unfairly dispossessed of their land and properties under current Sri Lankan property laws.
In the government-controlled areas, there are a number of state institutions and NGOs involved in assisting in the restitution of property of IDPs, including the District Courts, the Bar Association of Sri Lankan, the Legal Aid Foundation, the Human Rights Commission, Mediation Boards, the Legal Aid Commission and the Police (CPA February 2003, p. 57). However, for those IDPs whose houses and properties are situated in the HSZ, no solution is in sight as long as the two parties to the peace process do not resolve the issue.
Centres of misery
Displaced people interned for years in state-run welfare centres continue to face hunger and stress. As the conflict dragged on, welfare centres designed as a temporary solution became semi-permanent with some IDPs spending a decade living in squalid, overcrowded conditions.
Large numbers of displaced people have suffered hunger in the welfare centres. In early 2002, some 77,000 IDPs were going hungry in welfare centres after receiving very little food assistance for three months, and with no alternative sources of food, according to the UN World Food programme (WFP). The main cause of this shortage was the inability of the state to mobilize resources to assist these vulnerable groups (WFP 28 February 2002). The government has failed to provide regular food to the welfare centres, and its dry rations often fall short of minimum caloric requirements (WFP 19 September 2002, p. 5).
According to preliminary surveys conducted by the government and NGOs in early 2003, a majority of displaced mothers and children in the welfare centers of Trincomalee suffered from malnutrition mainly because of the lack of nutritional food provided to them (Tamilnet 14 March 2003). At the end of 2002, there were complaints that the rice provided to IDPs under the WFP programme was of poor quality and unfit for human consumption. In August 2003, IDPs in the Jaffna peninsula again complained about the quality of rice being sold to them by the Rehabilitation Ministry of Sri Lanka (Tamilnet 27 August 2003).
Displaced people also face serious psycho-social problems stemming from long-term stays in welfare centres. These include high rates of suicide, dependency attitudes, loss of self-esteem, alcoholism and depression. Suicide rates were three times higher in welfare centres than in the rest of the country. A 2001 MSF survey of residents in the Vavuniya welfare centre found high levels of traumatic stress due to shocking past experiences and present living conditions. Stress was often associated with physical complaints, such as chest and heart problems or generalized body pains (MSF 31 May 2001, p. 25).
Immediate help needed
The Sri Lanka Government and aid agencies have been slow to provide enough assistance to returnees. Scores of thousands who returned to the north did so spontaneously largely without support from the government. Those returning from the Vanni prior to the date of the ceasefire are reportedly denied any resettlement assistance (BRC March 2003). Implementation of the Unified Assistance Scheme (UAS), due to start in December 2002, was delayed because of lack of funding and until an IDP needs assessment by the government and UNHCR was completed. The UAS package provides a start-up grant for returnees to purchase basic tools, inputs and find temporary shelter to regain a productive livelihood and a permanent housing allowance (UN Inter-Agency IDP Working Group 28 November 2002). However, in order to benefit from the resettlement assistance the displaced persons have to re-register to receive dry rations in the area of return. Those who decide to phase their return and to leave their families behind while they rebuild their homes and livelihood are reportedly not entitled to receive any assistance (CPA February 2003, p. 9).
The government and LTTE have agreed to work together to return displaced people. At peace talks in Thailand in early January 2003, both sides agreed to facilitate returns to war-affected areas through a joint Sub-Committee on Immediate Humanitarian and Rehabilitation Needs (SIHRN) (Royal Norwegian Government 9 January 2003). A risk is that short term military considerations will outweigh the rights of displaced people to return home voluntarily in safety and dignity. The Human Rights Commission of Sri Lanka found that the UN Guiding Principles on Internal Displacement have been widely breached in recent years, especially under a policy influenced mainly by military considerations (Gomez, Mario, July 2002, pp. 15-18). (Excerpt)
“Mrs. Debacle Strikes Again”
(Excerpt from the Editor of the Sunday Leader - 09 November 2003)
Having rejected the LTTE proposals, she claims she took charge of defence in the interests of national security. How was national security threatened just because the LTTE made known its negotiating position? After all, the government had not even studied the proposals. And by acting as she has, what is the message Kumaratunga has sent to the Tigers? That they would be fools ever to negotiate with any Sinhala-led government, seeing the capriciousness with which they behave. How would it have been for the LTTE if they had laid down arms, and then the events of last week unfolded?
That is why it is essential that we set politics aside and truly look to the national interest and, above all, act responsibly, unlike the spoilt child Kumaratunga is, ever ready to pee on the carpet to gain attention.
Kumaratunga has given the LTTE the best justification to continue rearming until a final settlement is constitutionally approved.
It is now clear that the JVP and the Kumaratunga faction of the PA have linked up to form a joint front against the UNF and the minorities. We are yet to see how that drama will unfold, but what an axis of evil this has become! It was the JVP who slaughtered in cold blood the father of Kumaratunga's children, who is now remembered only by having his name plastered on a second-rate hospital built with someone else's money. There is no gainsaying that the JVP are little more than a band of common thieves and murderers. The government only a few years ago auctioned more than half a tonne of gold jewellery the JVP stole from the still-warm bodies of the countless thousands of innocents it slaughtered.
In 1989, President Premadasa lifted the ban on the JVP so as to bring them into the political process. Then, the JVP asked not just for an interim council, but for an interim government with themselves at the helm. When that failed, they took to arms again. The JVP has never apologised for its outrageous crimes against humanity, which included a murderous attack on the Sri Dalada Maligawa, the Holy of Holies of Buddhist faith. They have never taken responsibility for their crimes. And it is this very same JVP that Kumaratunga is now hand in glove with.
Creeping break down of law and order in Jaffna - CHA
02 March 2004 - The Consortium
of Humanitarian Agencies of Jaffna said that murder, robbery, petty crime and
the sale of illegal liquor have increased in the northern peninsula. A
spokesman for the consortium citing Jaffna crime statistics for 2003, told the
press that steps should be taken to arrest "the creeping break down of law
and order."
The Consortium of Humanitarian Agencies disclose the following statistics about the law and order situation in Jaffna during 2003:
Murders and robberies – 191, Cases involving the sale of illegal liquor – 808, Petty crimes – 323, Road accidents – 1164, Divorce – 62, Land disputes – 16.
He said these statistics were gathered by the consortium.