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DEFENDING THE RIGHTS OF INTERNALLY DISPLACED PERSONS
1.1 REPORT ON HUMAN RIGHTS VIOLATIONS OF IDPs AND GOVERNMENT POLICIES August 2001 As part of a collaborative study for the Human Rights Commission of Sri Lanka (HRC), the Centre for Policy Alternatives (CPA) drafted a report on the human rights violations of, and policies pertaining to, internally displaced persons (IDPs) in Sri Lanka. Our partners, the Consortium for Humanitarian Agencies (CHA) and the Law and Society Trust (LST), focused on other issues. The project was funded by the Asia Foundation. CPA's report
consists of: The information, classified by reference to the UN Guiding Principles on Internal Displacement, was gathered from secondary data, interviews with relevant government officials and NGOs, and field trips to Anuradhapura, Trincomalee and Vavuniya. The report along with those of partner organisations was submitted to the HRC on the 14th of August 2001. The document was further updated in October 2001 and is available on CPA's website.
The Centre for Policy Alternatives organised a seminar on the 12 January 2002 at the Sri Lanka Foundation Institute (SLFI) to discuss the challenges faced by Internally Displaced Persons (IDPs) in Sri Lanka. The half-day seminar aimed at presenting the findings of CPA's report on Human Rights Violations of IDPs and at highlighting issues of particular concern to CPA, namely the experiences of the northern Muslims and the UN & the protection of IDPs. The event was attended by Government officials, INGO and NGO representatives. Mr. M. Faiz of the Rural Development Foundation presented the experiences of Northern Muslims who were forcibly expelled from the North in 1990 and have been, since then, living in precarious conditions in Puttalam, Anuradhapura and Kurunegala. Ms. Renuka Senanayake, Senior Researcher, CPA, presented the findings of CPA's report on Human Rights Violations of the IDPs and Government Policies and proposed a set of recommendations to the Sri Lankan Government. The presentations were followed by a panel discussion on the United Nations and the Protection of the IDPs. Among the panellists were Mr Michael Lindenbaur, Senior Protection Officer, UNHCR, Mr N. Kandasamy, Director, CHRD, and Kethesh Loganathan, Peace and Conflict Unit, CPA. The plenary discussion focused mostly upon the mandate and shortcomings of the UNHCR with regard to IDP protection in Sri Lanka. 1.3 INTERNATIONAL CONFERENCE ON REFUGEES, MIGRANTS AND IDPS March 2002 Between 26 and 29 March 2002, Ms Renuka Senanayake, Senior Researcher, CPA Legal Unit attended a Conference on Refugees, Migrants and IDPs organised by IPCS in New Delhi, India. Ms Senanayake delivered a paper on 'Managing IDPs in Sri Lanka.'
In June 2002, CPA completed the editing of, and the drafting of an overview to, the UNHCR Situation Analysis on Conflict Induced Displacement in Sri Lanka. The latter covered the year 2001 and, in view of the recent political changes and prospects for peace talks, was in need of updating. The overview drafted by CPA highlights the challenges faced by all relevant actors in this transitional period with regards to providing assistance and protection to IDPs and returnees. 1.5
TRAINING OF HUMAN RIGHTS COMMISSION STAFF On 8 July 2002, CPA participated in a training programme for new Human Rights Commission staff recruited to work solely on IDP issues. CPA introduced the HRC regional and Colombo staff to Government policies and institutional responsibility for IDPs. A further training session is due to take place mid-August 2002. REPORT
ON LAND AND PROPERTY RIGHTS OF INTERNALLY DISPLACED PERSONS A short-term study was undertaken from September to December 2002 to identify land and property issues that are currently emerging in the North East, to provide recommendations for the prevention of these issues, and to resolve those complications that have already arisen. This report is for the attention of the GoSL, the LTTE, donor agencies and all other stakeholders and aims at assisting in making policy decisions with regard to land and property, resettlement, relocation, rebuilding and restoration of normalcy in the North East. The study, funded by NOVIB, was conducted in 5 parts. First, the research team carried out desk research in Colombo to ascertain the structure of the institutions that deal with land and property issues, to understand the applicable policies, and to obtain different perspectives on related issues. Thereafter, a three week field trip was undertaken to the North and East provinces. The geographical areas covered in the Northern province included government-controlled districts of Puttalam, Vavuniya, Mannar (mainland including Madhu and island), Jaffna (town, Chavakachchri, Paranthan, Karaitivu and Kayts islands), and the LTTE-controlled Mullativu (Mallavi) and Killinochchi districts. In the Eastern province, the research team covered the districts of Batticaloa (government controlled coastal area and the LTTE controlled inland) and Trincomalee. The itinerary included visits to welfare centres, meetings with local and international NGO personnel, government officials, LTTE, and professionals such as lawyers, and interviews and discussions with the general public. Next, researchers completed a media review to keep up with the recent political developments affecting return and relocation, initiatives for return and relocation, and matters connected to land and property. Legal researchers then studied related laws applicable to property, both privately-owned and state-owned, as the laws and legal framework are essential for dealing with land and property issues. Finally, the research team conducted a comparative study of countries that have experienced transition from conflict to peace to feed in to the recommendations provided in the report. The report is the result of all the above components. SEMINARS
ON LAND AND PROPERTY RIGHTS OF INTERNALLY DISPLACED PERSONS On completion of the above mentioned study, two seminars were held in collaboration with UNHCR in Kilinochchi on 29 January 2003 and in Colombo on 10 and 11 February 2003 to present the findings of the study and obtain feedback from stakeholders. CPA has monitored the human rights situation of IDPs as well as relevant legal and policy developments since May 2001. The CPA Media Unit maintains files on all news items relating to issues of displacement. In addition, CPA maintains regular contact with institutions, NGOs and Agencies involved in the welfare of IDPs, such as the regional offices of the Human Rights Commission, the Puttalam based Community Trust Fund, the Consortium of Humanitarian Agencies and the UNHCR. CPA has also endeavoured to obtain all new documents produced by INGOS, NGOs, UN Agencies or Government Ministries and Departments, of relevance to IDPs. As a result of monitoring, CPA has appealed to relevant authorities on a number of occasions of violations of IDPs' rights and liased with the media in relation thereof. In particular, CPA has expressed concern at the locations chosen by UNHCR and Government authorities to relocate IDPs in a crash programme in August 2001, as those villages were close to the Forward Defence Line. CPA further appealed to the WFP and Government Authorities in January 2002, following reports that displaced persons had not received dry food rations for more than three months. 3.1
FUNDAMENTAL RIGHTS PETITION ON BEHALF OF PUTTALAM MUSLIM IDPS Following research work and a field trip to the Puttalam District in early 2000, CPA decided to file two petitions on behalf of Muslim IDPs who were evicted from Jaffna and Mannar in 1990. CPA filed a Fundamental Rights Petition in the Supreme Court on 11 May 2000 concerning IDPs who had turned 18 after the 1990 eviction from the North. The focal point of the said Petition was that the petitioners had not been included in the voters list. CPA asked the Court to declare that an imminent infringement of the fundamental rights of the petitioners under the Constitution was forthcoming and to direct the first Respondent to cause the names of all the Petitioners to be entered in the electoral register for the Puttalam District. However, the Supreme Court did not grant the Petitioners leave to proceed. The reason given for such refusal was that the Registration of Electors Laws provided adequate provisions for the public to scrutinise the revised Electoral Registers and object to any irregularities in the Register. Following the negative response of the Supreme Court, CPA sponsored a Petition to the Human Rights Commission of Sri Lanka on behalf of IDPs in July 2000. The petition addressed a cluster of issues, including the Right to Vote, Employment, Land ownership, Education, Health and a myriad of other issues which affect Internally Displaced Persons. The HRC has yet to take action.
The Petitioner was displaced from Killinochchi along with his family in 1990. Following displacement, he found shelter in a displaced persons camp in Vavuniya. In his Petition he challenges the "pass system" administered by the Officer in charge of the Sithambarapuram Welfare Centre Police Post in Vavuniya and the Secretary to the Ministry of Defence. The Centre for Policy Alternatives (CPA) sponsored the application of the above petitioner before the Supreme Court alleging that the said "pass system" restricts the freedom of movement of the Petitioner and that such action is unlawful. Not only has the purported "pass system" no legal base, it furthermore violates several basic fundamental rights of the Petitioner and his family. The petitioner pleaded that his fundamental rights guaranteed by Article 14(1)(h), 11,12(1), 12(2) are infringed by the imposition of restriction on his movements. The various restrictions placed on the freedom of movement on the Petitioner and his family amount to degrading treatment prohibited by Article 11 of the Constitution and Article 12 (1) of the Constitution as he has been deprived of the equal status and equal protection of the law. The restriction
of the Petitioner's movement out of the camp and outside Vavuniya
has further meant that he and his family have been unable to find
employment to sustain themselves and have had to rely on dry food
rations issued by the Government. The petitioner further seeks compensation. On 5 September 2002, the Court held that the travel pass system had violated the Petitioner's fundamental rights, under Article 14 (1) (h) of the Constitution by executive action, as restrictions on freedom of movement could only be imposed by law in accordance with Article 15 (7) of the Constitution. The Court however refused to grant relief to the Petitioner under Article 11 (cruel, inhuman and degrading treatment) and 12 (1) and 12 (2) (equality). |
