Summary Of Report By South Asians For Human Rights
A recent fact – finding mission undertaken by the South Asians for Human Rights (SAHR) organization has uncovered details about the manner in which Displaced persons in the North and East of Sri Lanka are used as “pawns” by state and non – state actors in Sri Lanka in clear violation of basic principles of basic law.
The report released this week by SAHR notes that the “findings of the mission reveal the manner in which IDPs are often used as pawns by both state and non-state actors, in clear violation of basic principles of humanitarian law.” and also notes that “Various agencies working amongst the IDPs and advocating on their behalf have also been the target of both warranted and unwarranted criticism, and at times intimidation and harassment by both state and non-state actors”
Former Indian Prime Minister and chairperson of SAHR Inder Kumar Gujral in a brief foreword to the report says – ” This report on the state of displaced persons in the North and East of Sri Lanka analyses the security condition and concerns of those who live in makeshifts and camps in conflict affected areas. It provides an overview of the current ground situation, i.e. the altered displacement landscape, and the dynamics which shape the distribution of aid and resettlement. In doing so it highlights the manner in which resettlement, sometimes forced resettlement, is changing the ethnic composition of certain areas, and being used to establish the political dominance of certain parties/segments of the population. “.
The “FEDERAL IDEA” presents here some excerpts from the SAHR report including a background note on situation and methodology adopted , the summary of report findings , a list of recommendations and also a a description of SAHR and Mr. Gujral’s foreword.
Background and Current Situation
The last eighteen months has seen increased fighting between the armed forces of the government of Sri Lanka (GOSL) and the Liberation Tigers of Tamil Eelam (LTTE). The last year, in particular, has been marked by intense fighting including aerial bombardments in the East of the country leading to massive displacements of civilians in the area. Concerns regarding the manner in which civilians were originally displaced, their treatment and safety while displaced and, more vitally in the long term, the conditions of their return have all been controversial.
Beginning with the bombardments of the Sampur area in April 2006, we have observed massive shifts in population. The situation worsened in late July/ early August last year when fighting led to a mass exodus of people from Muttur. The impact of this particular displacement was further exacerbated by allegations of the killing of fleeing Muslims by the LTTE, the death of several Muslims in a multi barrel attack by government forces and the massacre of 17 aid workers from the French Relief Agency, Action Contre la Faim (ACF) who stayed behind in Muttur and the difference in the amount of compensation paid out by the government of Sri Lanka immediately after the cessation of fighting in mid August to Sinhalese farmers for crops ruined due to closure of the Mavil Aru dam by the LTTE and those displaced (mainly Tamil and Muslim) in Muttur due to the fighting.
Despite the fact that many moved after receiving notices from the government regarding potential fighting, preparedness to deal with displacement was inadequate. More disturbing however, were reports, both of forced return of the displaced to their home areas, (mainly in order to establish the government claims that particular areas were now totally within its control), and the compulsion (mainly by the LTTE) that people remain in their home areas despite fighting. Both attitudes showed absolute disregard for the material and physical safety of civilians.
The politics of the Eastern part of Sri Lanka, always controversial, has now been further complicated with the split within the LTTE. The breakaway Karuna group which assists the government forces in their security efforts in the East is also involved in establishing its own hegemony upon the people of the East. The people of the east seem to be stuck between parties in a contestation for power and control of their lands.
It is in this context, especially following reports that humanitarian agencies and even inter-governmental bodies are unable to visit the areas most affected by the conflict in order to guarantee security safety and the decent treatment of the displaced, that SAHR decided to undertake a fact-finding mission to the North and East of Sri Lanka. When it was planned, our intention was to ascertain the situation of civilians, especially in the East. Since then, there is a general sense that the fighting will now shift to the North of the country, probably leading to more pressure on civilians. It is hoped that this report will thus, not only address the immediate issues highlighted in it but also lead to better co-ordination of humanitarian aid and a general sense of preparedness for displacement in this continued war.
Methodology
The 5 day long fact finding mission, from June 8th-13th, 2007 was carried out by 3 groups consisting of 4 members each, 2 Sri Lankans and 2 South Asians. South Asian mission members were Sahba Husain, Radhika Mukerji, Dr. Aruna Upretty, Nuzhath Kidvai, Aishath Velizinee and Lubna Marium. The Sri Lankan team consisted of Rukshana Nanayakkara, Ambika Satkunanathan, Kumudini Samuel, Anberiya Hanifa, Dhanukshi Jayawickreme, Dushiyanthini Kanagasabapathipillai and Shreen Saroor.
The geographical areas covered are Batticaloa, Kalmunai and Akkaraipattu, Vavuniya, Puttlam and Mannar as well as Trincomalee, Muttur and the ‘border’ area of Kabetigollawa and Morawawe in the contiguous district of Anuradhapura. The mission met with Internally Displaced Persons (IDPs), government officials, community groups, non-governmental organizations, international non-governmental organizations and UN agencies.
For reasons of security the identities of the persons/groups the mission met have been withheld. The structure of each field report varies as they were shaped by the issues at the sites visited and the narratives of the interviewees.
SUMMARY OF FINDINGS OF THE MISSION
The SAHR mission focused on Internally Displaced Persons (IDPs), since the process of displacement creates a climate which is conducive to the perpetration of all forms of rights violations, and particularly because minorities constitute the majority of displaced persons. Although the mission’s brief was to concentrate on the larger, political aspect of displacement rather than the day-to-day life of the displaced, as the narratives highlight, it was difficult to separate the two. In the case of displacement, the every- day, ordinary, personal life of the displaced and the political dynamics of displacement are enmeshed and interlinked. Also of particular relevance were the gendered consequences of displacement.
The element of fear has had a major impact on the people and their lives. Most people said that the multiplicity of actors -GOSL, LTTE, TMVP, EPDP- made it difficult for them to negotiate the simplest activities on a day to day basis. The mission found that despite such a high element of fear leading to the radicalization of some sections of all communities, whereby they resort to extreme forms of responses as they believe no just solutions can be obtained, there were also individuals who had a nuanced and in-depth understanding of local realities and were firm in their belief that a negotiated settlement was the only way forward.
The findings of the mission reveal the manner in which IDPs are often used as pawns by both state and non-state actors, in clear violation of basic principles of humanitarian law. Various agencies working amongst the IDPs and advocating on their behalf have also been the target of both warranted and unwarranted criticism, and at times intimidation and harassment by both state and non-state actors.
The increase in the presence and activities of the LTTE splinter group Tamil Makkala Viduthalai Pulikal (TMVP)/Karuna Group, has also had an impact on displacement, return and resettlement. Further, continued internecine violence within the Tamil armed groups such as the reported split within the TMVP, (where commander Pillayan issued a warning to Karuna to leave the group or face being removed by force), only added to prevailing insecurity in the region and heightened the threat of forced recruitment of adults and children by both factions.
Response to IDPs Needs
Visits to the IDP camps and welfare centres illustrated the inadequacy of the response of both government and non-governmental aid agencies. The large numbers and the sprawl of many camps required very well managed services and a co-ordinated relief response, which the local officials were trying desperately to accommodate. However it seemed very obvious, for instance at the Killivedy camp, that they were over stretched, under staffed and had insufficient capacity to deal with enforced displacement of such magnitude. The living conditions in most camps were cramped, and sanitation facilities dismal. In many instances temporary shelters were constructed with materials, such as tin sheets, which are unsuitable for the searing temperatures in the region. Some camps had irregular supply of food, such as Killivedy and Kinniya, leading to deteriorating health conditions among inmates, especially children, pregnant and lactating mothers. Since many camps were situated in isolated spots, the IDPs didn’t have access to water, schooling, employment opportunities and health facilities. The location of the camps also created a sense of insecurity amongst the people as they felt isolated and cut off from the rest of the community. In some cases camp conditions were so unbearable, such as at Killivedy, that some families the mission spoke to said they would rather go back to their villages even though they had grave fears about renewed fighting and uncleared landmines.
The state of the camps also highlighted the lack of coordination between and amongst INGOs, NGOs and the government. This was sometimes exacerbated by a lack of knowledge of local context and politics, which restricted the ability of the agencies to respond effectively to the actual needs of the population as opposed to perceived needs of a generic IDP population. Sometimes provision of aid by INGOs created a dependency on ‘aid’ among the affected people. There have also been cases where increased violence, in particular targeted violence against humanitarian workers, has led to discontinuation of the presence of aid agencies or reluctance to work in the area. For instance, the Muslims in Muttur noted that following the massacre of 17 Action Contra Faim (ACF) aid workers in August 2006, NGOs were reluctant to come into the area resulting in the local populace being deprived of humanitarian assistance.
Return and Resettlement
The government began resettling people in the Batticaloa West region in three phases, with the first phase beginning on 14 May 2007. The entire process was completed in mid June. The resettlement process has been controversial with allegations of forced resettlement, inadequate support to the newly resettled and imposition of policies which restrict the freedom of movement of resettled persons. Minister Hakeem of the Sri Lanka Muslim Congress, a minority party at present aligned with the government, made a statement during the emergency debate in Parliament on the 06th of June, 2007 that he had credible information that authorities were forcibly resettling those displaced by conflict.
Following a claim that the East has been liberated from the LTTE, the government announced plans to return all people displaced in the East. However, many IDPs the mission members spoke with, did not wish to return at the time because they feared for their safety as they felt conditions, both material and security, were not conducive for return. For instance, many IDPs the SAHR mission met, such as persons from Vavunaitheevu, one of the new resettled areas, did not want to return at the time, as sporadic clashes continued between the SLA and the LTTE. The word ‘return’ was conspicuously absent in the language used by the INGOs and the displaced themselves to describe the situation (such as relocation, resettlement and permanent housing). Local groups on the other hand, cast doubts on the voluntary nature of return. The only instance the word was used in the discourse was when the displaced categorically said they did not wish to return until a solution is found to the conflict and arrangements are made for an honourable return.
Most of these people were not given a choice regarding return. Residents from the Trincomalee district who fled to Batticaloa and were in camps at Valaichenai, Eravur, Chenkaladi and Batticaloa were moved to Killivedy by the government in the weeks preceding the mission’s visit. They had been told that they were being transported to their home villages but were instead brought to the transit camp in Kiliveddy. The mission was told by many people at the camp that they did not wish to move to yet another transit location or camp but had no choice since they were not consulted. Nor were they taken on go-see assessment visits to their homes prior to return. As the regional mission reports below will illustrate, in the majority of the camps visited by the mission, the IDPs were merely instructed by the Grama Sevakas that they would be returned to their places of origin on a certain date. The role of INGOs and particularly, the United Nations High Commissioner for Refugees (UNHCR), which is supposed to function as a coordinating agency in Sri Lanka, falls short of what is required of aid and protection agencies. Above all, interviews with both IDPs and local groups revealed that advocacy by UNHCR on this issue was inadequate. Further, the statement by UNHCR that resettlement was taking place in line with international protection standards was utilised by the government to silence critics, particularly local critics of the return process.
The haste with which return took place has meant that material and security conditions in the areas have been less than conducive to resettlement. Issues include lack of facilities in the areas, inability to resettle people who live in the interiors due to security reasons, inadequate provision of support to the resettled and lack of access to INGOs and NGOs to the areas. The lack of access continues to be a problem to both local and international groups with the government putting in place additional restrictions upon the activities of aid agencies. This is compounded by the absence of a number of regular government officials appointed to serve in these areas, many of whom opt not to reside in these unsafe locations or refuse to take up regular postings. Increased militarization of the Eastern province also lends itself to the creation of an environment which is conducive to military oversight and control of civil society and non-governmental organisations.
Militarization and (In) Security Issues
Increased militarization of the region was visible in the form of military checkpoints and the active engagement of the military in the return, resettlement and rehabilitation processes. From the appointment of military personnel to high posts in the Provincial Council of the Eastern Province, such as the Governorship, to military oversight of INGO activities, a militarized civil administration appears to exist in the East. Mission members noted the presence of armed men in civilian clothing at the District Secretariat Office in Batticaloa. Due to the presence of armed groups functioning in the area there is no way of determining whether they were members of the Sri Lanka Army, Special Task Force (STF) or the Karuna group. In other areas of the East, such as Kalmunai mission members also saw men in civilian clothing carrying guns boarding public buses and patrolling the streets. When an armed person who is a member of the army or a paramilitary group boards or attaches himself to a civilian object he effectively transforms the object into a military target. This creates a sense of insecurity amongst the public and contributes to the atmosphere of tension, lawlessness and impunity. Mission missions (in all three areas) were informed that the armed forces often establish camps on private property without paying rent or compensation to owners. Public property such as temples, schools and hospitals, have also been taken over by the armed forces thereby denying the public access to, and the use of, these spaces.
In many of the border villages, i.e. the areas adjoining or contiguous to the conflict affected Northern and Eastern provinces, most if not all families have a connection with the military apparatus. In the village of Morawewa every family the team interviewed had some connection with the armed forces. Almost all the women the mission spoke with either had a family member who was directly attached to the armed forces (as a soldier or home guard) or worked for the forces in another capacity (casual labourers, cooks).
The displaced people’s narratives clearly illustrated increasing disregard for the safety and security of civilians by both the GOSL and the LTTE. The attack on Muttur and ensuing forced mass displacement of August 2006 was still a major issue for all Muslims the mission spoke with. They were especially insistent that the government conduct an independent investigation into the killing of 63 Muslims during the fighting between the GOSL and the LTTE from August 2nd to 4th in Muttur. The Muslims were also concerned that they were not able to give proper testimony to the Presidential Commission of Inquiry into Serious Violations of Human Rights, when they visited the area. The people alleged that a number of army officers accompanied the Commissioners, due to which many witnesses did not come forward. They were critical of the Commissioners who they felt should have asked the military to leave if they wished to hold an independent and impartial investigation without jeopardizing the security and lives of witnesses. The Muslims in Muttur also condemned the attack by the military and navy who launched Multi-Barrel Rockets (MBRs) into densely populated Muttur in response to the LTTE attack on the Trincomalee Naval Base resulting in a large number of civilian deaths and damage to homes and infrastructure. The Muslims were concerned that their request to the government to include the incident of the massacre to the 17 being investigated by the Commission had so far not met with a positive response.
Minority Fears and Land Issues
The current wave of displacement, return and resettlement has also led to fears amongst the minority communities about state sponsored colonization programmes and alteration of administrative boundaries in the region, which they believe seek to change the ethnic demography of the province. The cases of state takeover of minority lands (listed in the regional reports) illustrate that the fears are well-founded. Since the Eastern province forms an important part of the area demarcated by the LTTE as the homeland of the Tamil people, i.e. Eelam, state colonization programs have been taking place in the region for years with the aim of changing the ethnic demography and thereby defeating the claims of the Tamil homeland theory of the LTTE. The village of Morawewa in the Trincomalee district is a good example. The villagers the mission members spoke with alleged that settlers have been brought to Morawewa from the south since the 1950s with the promise of land for agriculture and that most owned no significant property in the south prior to the settlement.
The fallout of the political machinations of the government and the LTTE has impacted Sinhalese, Tamil and Muslim civilians, with Sinhalese civilians being subjected to violence by the LTTE, and Tamil civilians being ousted from their lands and attacked by state forces in retaliation for LTTE attacks. Muslim civilians have been the target of both GOSL and LTTE violence. The regional report from the visit to Trincomalee and the ‘border’ villages illustrates the volatile and complex local context in the ‘border’ villages and the problems related to co-existence. The report of the mission to Batticaloa and adjoining areas details the state sponsored land grabbing exercise that is taking place in Pottuvil, the ensuing tension between local communities and the struggle of the Muslim population against the scheme.
Discrimination against the Muslim Community
Discrimination by government officials and processes were also a common complaint, with each community citing discrimination by both the majority Sinhalese and the other minority group. The Muslim community stated that since the northern Muslims were resettled in a relatively safe location like Puttlam, aid agencies and the government do not treat the Muslim IDP issue with the seriousness it requires. Muslim community groups alleged that discrimination against Muslims was common since a significant number of departmental heads in Batticaloa are Tamil. Another example cited by the interviewees was the allocation of post-tsunami land given to Muslims in Ariyampathy by the NHDA, to Tamil IDPs instead. It was pointed out to us that although Ampara is a Tamil speaking majority division, to date a Tamil speaking GA has not been appointed.
The Muslims expressed discontent at their political marginalization both by the State and the LTTE. They were particularly concerned about the one sided negotiations which resulted from the Cease Fire Agreement (CFA); their marginalization from development processes and the discrimination inherent in Tsunami relief and recovery processes. They also contended that it was in the interest of both the state and the LTTE to maintain a state of tension between Tamil and Muslim civilians. The Muslim leaders the team spoke with reiterated that their interests were inter-twined with those of the Tamils as a collective people occupying the eastern province. However, they had no trust in the LTTE, Muslim politicians or the state and insisted that an independent group of civil society representatives had to watch over the interests of the people in the area.
Gender Issues
The SAHR mission also focused on issues affecting women in the context of displacement, return and resettlement, particularly since gender issues are often ignored in the provision of humanitarian aid/support, and because conflict impacts mend and women differently.
Women spoke of their experiences from the perspective of the consequences of the conflict on their families and not from the perspective of political losses and gains. Many Sinhala women from the ‘border’ areas stated they were reluctant to let their sons join the armed forces or other armed groups, but said they had no option because of economic hardships. Women also feared for the safety and well-being of their children, particularly male children and other male members of the family due to forced recruitment by the LTTE and Karuna faction. Increased militarization, the recruitment of young men into home guard units and the presence of guns in the villages, women stated, led to men exercising more violence in the home and in intimate relationships. Women also spoke of the increased presence of military and police personnel in the vicinity of their villages and the sexual demands on women, which at times women had no means of resisting. There is fear amongst families, both within and outside IDP camps about sexual violence against young women, leading them to arrange ‘marriages’ for their teenage daughters. Many interviewees noted the high number of under-age ‘marriages’ where parents either gave consent to marriages of girls over the age of 16 or falsified their ages. Some of these resulted from instances of teen age love affairs and subsequent pregnancies. Often these marriages cannot be sustained and the young men leave their wives and re-marry after a while, leaving many young mothers to take care of themselves and their children. Conflict related frustrations and hopelessness were cited as reasons for early school drop outs, under-age marriage and the gendered consequence of early pregnancy for young girls.
At many camps and welfare sites there were minimal facilities with regard to health issues such as family planning, child bearing and feeding infants. There appeared to have been no preparedness on the part of the state or NGOs to address the inevitable consequences of large scale enforced displacement resulting from concerted military engagement. There were a number of accounts of child-birth in flight and inadequate conditions at camp sites to address the post partum needs of mothers and infants. Women spoke of the lack of privacy in camps and the pressures put on them by husbands who demanded conjugal relations despite the adverse circumstances. They also spoke of their fears for the security of girl children. The mission noted that there did not appear to be a systematic emergency response in place to address the reproductive health needs of women in situations of enforced displacement. Mobile clinics were operational in some instances but were inadequate to deal with the magnitude of the humanitarian crisis. Health services in host communities were seriously overstretched and women’s immediate needs with regard to menstruation, birth control and essential clothing such as appropriate underwear and underskirts were often overlooked or neglected. Women also spoke of gender violence in camp situations and the mission came across instances where such violence had been suppressed by management authorities.
The mission also came across a significant proportion of single women or widows, responsible for family welfare among the displaced. These women were often at a disadvantage with regard to accessing services and provisions since they were in relatively powerless positions and had to take whatever was available or given to them. In camp situations the men were better positioned to negotiate with authorities and were more likely to be consulted in decision making or asked to assist with camp matters. There was no definitive mechanism in place to ensure that women were also part of decision making processes in relation to camp administration and in relation to decisions with regard to the well being of the displaced.
In relation to forced recruitment, mission members were told that in response to the LTTE demand of one person per household, sometimes families were more willing to give away a female family member instead of a male. This is for two main reasons; the family would not have to worry about the security of the woman, marital prospects etc and secondly, sons are seen as an economic security for the family, particularly ageing parents.
In cases of sexual violence, particularly incest, communities indicated that the young women would be ‘given’ to the LTTE. For instance, in Mannar where a father raped his young daughter, the community stated the girl was sent away from the area but later stories began circulating that she had been given to the LTTE. The mission also came across similar narratives in the East where victims of violence, particularly incest, were reportedly given to the Karuna group. Two victims of violence stated that the only way they could lead a life with dignity after rape was by joining the LTTE.
In relation to the Muslim community, many groups pointed out that at present women are compelled to wear the fully concealing garb originating from foreign Muslim tradition. Prior to the conflict the northern Muslim community had a very relaxed and local Tamil-culture based sense of dress. However, the host community’s practice of orthodox Islam has led the IDPs to adopt a more conservative form of Islam which in some instances has had an adverse impact upon women.
RECOMMENDATIONS
1 All policies and interventions with regard to IDPs must be consistent with international human rights law and international humanitarian law.
1 IDPs should enjoy equal rights and freedoms under international and domestic law with no discrimination on the ground that they are internally displaced.
2 The Government should maintain a clear demarcation between civil and military authorities. The current militarization of civilian authority in the Eastern Province is a disturbing trend which should be stopped.
3 All documents necessary for the enjoyment and exercise of legal rights and citizenship, such as passports, personal identification documents, birth certificates and marriage certificates should be issued to displaced persons. Any documents lost during displacement should replaced. This should be carried out without imposing unrealistic conditions such as return to one’s original place of residence. Women and men must have equal rights to obtain such necessary documents and have the right to have such documentation issued in their own names.
Protection & Security Issues
1 The right to life, liberty, dignity and security of person should not be violated in times of conflict and during displacement.
1 The government should refrain from establishing military camps in the midst, or in the vicinity of public buildings, residential areas and camps for the displaced.
2 The government should vacate public buildings such as schools, hospitals and temples and ensure that civilian and public establishments are not appropriated for use as military camps or installations.
3 The government should ensure that only members of the regular armed forces are authorized to carry weapons. Further, in line with humanitarian law, members of the state forces should be required to be easily identifiable, i.e. should be in uniform etc.
4 International and local agencies dealing with conflict affected populations should ensure that security and access concerns are addressed more effectively through joint advocacy mechanisms.
5 Agencies engaged in providing humanitarian assistance should monitor human rights violations and ensure that accurate information is conveyed speedily to relevant institutions such as the Human Rights Commission, the ICRC and the SLMM for immediate attention.
6 Government authorities and other agencies providing humanitarian assistance should also focus on the protection concerns, particularly of women and children, by providing adequate lighting and security, within and in the periphery of camp premises.
7 Internally displaced persons themselves, including women, could be organized into protection committees with relevant training and specific responsibilities to deal with infringements of security at camp sites.
8 Arrangements for the protection of women need to be strengthened, including through the designation of women to cater for special protection needs of women.
9 Internally displaced persons have the right to request and to receive protection from child recruitment and should not be persecuted or punished for making such a request.
Forced Displacement and the Right to Return
4 Every effort must be made to protect civilian populations from being arbitrarily displaced from their places of habitual residence.
5 Prior to any action that can cause inevitable displacement of persons, the authorities concerned should ensure that all feasible alternatives are explored in order to avoid displacement altogether. Where no alternatives exist, all measures must be taken to minimize displacement and its adverse effects.
6 In the event of arbitrary or enforced displacement or emergency dislocation, all relevant authorities must ensure, to the greatest practicable extent, that proper accommodation is provided in satisfactory conditions of safety and security. Mechanisms must also be in place to ensure the provision of food, health facilities and sanitation to meet the immediate needs of populations forced into displacement. It must be ensured that members of the same family and community are not separated.
7 The right of return must be protected with respect to all internally displaced and areas of habitual residence must be made safe and secure for return. These areas must not be appropriated for other purposes such as the creation of special economic or high security zones (HSZs).
8 Return of the displaced to their habitual places of residence should not be jeopardized through the imposition of restrictions to familiar and traditional livelihoods. All such restrictions imposed to fishing, agriculture and trading must be withdrawn.
9 Arbitrary settlement of new communities or populations which affect existing demographics must be halted immediately.
10 Internally displaced persons must not be arbitrarily transferred from temporary camps to transit camps on the pretext of return or resettlement. They must be provided with accurate and adequate information to make an informed choice about when and in what circumstances they return. They should also be given the freedom to choose not to return at a given time or opt for relocation.
11 The government should take special measure to ensure that the property of the displaced is safe and secure from theft, looting and arbitrary damage.
12 The government should assist returned and/or resettled internally displaced persons to recover, to the extent possible, their property and possessions which they left behind or were dispossessed of upon their displacement. When this is not possible, the government must provide or assist these persons in obtaining appropriate compensation or another form of just reparation. The compensation should be adequate and commensurate with the loss incurred.
13 Internal displacement shall last no longer than required by the circumstances and the displaced must be ensured informed choice to determine their return or continued residence in camps or with host communities.
14 The concept of resettlement of northern Muslims must be on the basis of community resettlement. Northern Muslims were expelled as a community hence return too should be collective. Since the term IDP does not extend the right to collective return it is vital that the northern Muslim evictees be categorized as ethnically cleansed persons (ECPs).
Freedom of movement
1 The right of every internally displaced person to freedom of movement and to choose his or her residence should be ensured. Internally displaced persons should also have the right to move freely in and out of camps or other settlements.
1 The issuance of special ID cards for returnees should be stopped immediately as it identifies them as persons from a particular region/village which in turn leads to additional checks and harassment by the security forces who sometimes also impose restrictions upon their movement. This system should be stopped with immediate effect and returnees should be issued National ID cards like every other citizen.
Gender Issues
2 Effective mechanisms must be in place to ensure coordinated response to conflict imposed emergencies including enforced displacement.
3 Women must be consulted in all matters relating to displacement including, the location of camp sites, the provision of basic amenities, food, health services and security. They must be present in equal numbers on all camp committees. Government frontline workers should be given adequate training in gender related concerns and women administrative officers should be recruited in greater numbers.
4 Special attention should be paid to the health needs of women and adolescent girls, living in conflict affected areas and in camps for the displaced. This should include access to female health care providers and services, such as reproductive health care, as well as appropriate counseling for victims of sexual and other abuses.
1 Programmes should be designed for men and boys as well to ensure safe and responsible sexual behaviour.
1 The special nutritional needs of pregnant and lactating mothers, infants and children must be adequately met. Government rations must be adequate to meet the basic nutritional needs of conflict affected and displaced communities. These rations must be supplemented with other nutrients such as vegetables through a coordinated response of governmental and non governmental agencies.
2 Women living in the vicinity of militarized areas, military encampments, military transit points, in areas controlled by paramilitaries and other armed entities and women IDPs should be protected from enforced sex work.
3 Activities to prevent and manage the consequences of sexual violence and provide protection from and prevent sexually transmitted infections (STIs) must be in place in conflict affected areas and in humanitarian emergencies.
4 Attention must be paid to address and prevent the high levels of domestic and sexual violence, including incest and sexual harassment, prevalent in militarized and conflict affected environments. Preventative work must address the gendered effects of conflict on men and masculinities and its impact on women.
5 Women living in conflict affected areas and facing humanitarian emergencies must be provided with skills, training and access to income earning opportunities. Lack of economic opportunities place women and adolescent girls in extremely vulnerable situations. Economically dependent on others, women and girls suffer domestic violence, trade their bodies for needed cash and commodities and suffer a range of human rights violations.
6 The lack of livelihood options for women is highly prevalent in situations of internal displacement. Attention must be given to providing viable economic activities for women and adolescent girls so that they are not marginalized, economically isolated and vulnerable to abuse both within their families and in society.
7 Special attention should be paid to the gendered needs of single women headed households, widows, women with young children and women caring for the disabled. They must be offered shelter with sufficient protection and easy access to basic amenities so that they are not discriminated against or forced to bargain or barter sexual favours for basic needs.
8 The government should establish one stop crisis centres at least in the Base Hospitals in all the conflict affected districts and contiguous districts so that women affected by gender based violence can access medical attention, counseling and be referred to other support services in a safe and supportive environment. Such Centres can help reduce the impunity surrounding violence against women and play a preventative role as well as a curative role.
Livelihood Issues
1 The State should protect against the displacement of indigenous peoples, minority communities, peasants and cultivators, fisher-folk and traders with a special dependency on and attachment to their lands and communities. In the event of return, the state should take all measures to ensure support is provided to help them revive their original livelihoods.
1 Government should respect the traditional livelihood practices of villagers in the conflict affected areas including ‘border’ villagers and should minimize the military restrictions imposed on livelihood of villagers in every possible way.
2 Internally displaced persons must have the right to seek freely opportunities for employment and to participate in economic activities. IDPs should be allowed to find work opportunities outside the camp once they have ID cards to reduce total dependence for subsistence.
Security of Property
3 The property and possessions of internally displaced persons should in all circumstances be protected, in particular, against the following acts:
(a) Looting;
(b) Direct or indiscriminate attacks or other acts of violence;
(c) Being used to shield military operations or objectives;
(d) Being made the object of reprisal; and
(e) Being destroyed or appropriated as a form of collective punishment.
4 Property and possessions left behind by internally displaced persons should be protected against destruction and arbitrary and illegal appropriation, occupation or use.
Rights to Adequate Standard of Living, Health and Education
1 Attention must be paid to the educational needs of all displaced children. Evidence based research is necessary to determine the needs of these children including the tracking of attendance, school retention and the need to provide appropriate education for children suffering multiple displacement and war related trauma which impact on their continued education.
1 Since the majority of internally displaced have suffered multiple and repeated displacement and since displacement is a long term phenomenon, resulting in children having little access to formal or non-formal education, schools and comprehensive education have to be designed to meet the long term needs of the displaced.
2 Education and training facilities must be made available to internally displaced persons, in particular adolescents and women, whether or not living in camps, as soon as conditions permit
Access to Aid & Assistance
15 There should be no discrimination based on region, ethnicity, religion or gender in the delivery of humanitarian assistance to displaced communities.
16 National authorities have the primary duty and responsibility to provide humanitarian assistance to internally displaced persons within their jurisdiction.
17 At the minimum, regardless of the circumstances, and without discrimination, competent authorities shall provide internally displaced persons with and ensure safe access to:
(a) Essential food and potable water;
(b) Basic shelter and housing;
(c) Appropriate clothing; and
(d) Essential medical services and sanitation.
1 Special efforts should be made to ensure the full and equal participation of women in the planning and distribution of these basic supplies.
18 Programmes should also reach internally displaced persons who live in non-camp situations with friends, family or in host communities
19 Internally displaced persons, with special needs, such as pregnant and lactating mothers, mothers with young children, female heads of household, persons with disabilities and elderly persons, should be entitled to assistance required by their condition and to treatment which takes into account their specific requirements.
20 The subsistence needs of IDPs must be adequately met with regular provision of basic food rations; the provision of food that is in good condition for consumption and the provision of supplementary food to meet the overall nutritional needs of the displaced
21 The shelter and living conditions of the internally displaced needs rapid improvement. Options include the use of environmentally sound material that is available locally, involving the displaced in decision making regarding their accommodation and the maintenance of shelters and the extension of overcrowded camps such as in Kiliveddy.
22 Government frontline workers such as Grama Sevakas should be made aware of the Guiding Principles on Displacement and the gendered dimension of displacement.
Dispensation of Aid and Safety of Humanitarian Workers
1 All persons engaged in humanitarian assistance, their transport and supplies should be respected and protected from attack or other acts of violence. Safety and security of all NGOs and human rights organization should be ensured and they should be allowed to work independently without intimidation.
1 Humanitarian agencies should be given unrestricted and rapid access to all camps and resettlement villages.
23 Donor agencies, the United Nations, human rights agencies and local and international non-governmental organisations have to work together to assess and meet the needs of internally displaced persons in accordance with the Guiding Principles on IDPs. These agencies should also work together to encourage the government to incorporate Guiding Principles into domestic law.
24 The capacity of locally based civil society organisations working among the internally displaced should be strengthened and their work should be integrated into coordinated work plans so that local expertise in made use of and duplication and the waste of resources minimized or avoided.
Efforts should be taken to strengthen the knowledge of humanitarian and protection work of local implementing partners and their capacity to undertake it.
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IK Gujral’s foreword to report
“This report on the state of displaced persons in the North and East of Sri Lanka analyses the security condition and concerns of those who live in makeshifts and camps in conflict affected areas. It provides an overview of the current ground situation, i.e. the altered displacement landscape, and the dynamics which shape the distribution of aid and resettlement. In doing so it highlights the manner in which resettlement, sometimes forced resettlement, is changing the ethnic composition of certain areas, and being used to establish the political dominance of certain parties/segments of the population.
The usefulness of this report lies in the fact that while it sets out the current living conditions of displaced persons (right to life, liberty, food, water etc.) it also provides an analysis of the causes of displacement within the framework of the human security vs militarisation debate.
During the fact-finding mission all attempts were made to address the concerns of Sinhala, Tamil and Muslim communities with regard to displacement and security issues.
I hope this report will function as a useful advocacy tool for those working to protect and promote human rights, in particular the rights of displaced persons.”
ABOUT SOUTH ASIANS FOR HUMAN RIGHTS (SAHR)
South Asians for Human Rights (SAHR) is a democratic regional network with a large membership base of people committed to addressing human rights issues at both national and regional levels. SAHR seeks to contribute to the realization of South Asian peoples’ right to participatory democracy, good governance and justice by strengthening regional response, including regional instruments, monitoring human rights violations, reviewing laws, policies and practices that have an adverse impact on human rights, and conducting campaigns and programmes on issues of major concern in the region.
SAHR comprises both institutional and individual members. An elected bureau works as the organisation’s executive body while a membership committee oversees enrolment of members. The SAHR Chairperson and Co-chairperson are Mr. I.K Gujral, former Prime Minister of India, and Dr. Hameeda Hossain of Bangladesh, respectively. The secretariat is in Colombo, Sri Lanka. Chapter offices are located in Colombo, Dhaka, Kathmandu, Lahore and New Delhi.
The bureau consists of the following members:
India: I.K Gujral, Kamla Bhasin, Aruna Roy, Maja Dharuwala
Nepal: Dr. Devendra Pandey, Vijay Singh, Mohammadi Siddiqui
Pakistan: I.A. Rahman, Sairah Irshad Khan, Salima Hashmi, Salman Raja
Bangladesh: Dr. Hameeda Hossain, Sara Zaker, Shaheen Anam
Sri Lanka: Sithie Tiruchelvam, J.C. Weliamuna, K.S. Ratnavale, Shreen Saroor
Afghanistan: Abdul Rahman Hotaki
For further information please contact:
Shiranthi Jayatilleke,
Executive Director
SAHR Secretariat
345/18 Kuruppu Road (17/7 Kuruppu Lane)
Colombo 08.
Ph: 00-94-11-5549183
Ph/Fax: 00-94-11-2695910
Email: sahr@sltnet.lk
Website: www.southasianrights.org
