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Tamil Nadu – Sri Lankan Tamils – LTTE – Police Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: IND35727 Country: India Date: 1 December 2009 Keywords: India – Tamil Nadu – Sri Lankan Tamils – LTTE – Police This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein. Question 1. Is there any information on how many Sri Lankans, without Indian citizenship, are living in Tamil Nadu? What is the attitude of the local authorities towards Sri Lankan Tamils? Are persons being arrested as suspected LTTE supporters? If so what kind of profile do the arrested persons have? RESPONSE 1. Is there any information on how many Sri Lankans, without Indian citizenship, are living in Tamil Nadu? What is the attitude of the local authorities towards Sri Lankan Tamils? Are persons being arrested as suspected LTTE supporters? If so what kind of profile do the arrested persons have? Introductory Overview A November 2009 article by Dr V. Suryanarayan, of the Centre for South and Southeast Asian Studies at the University of Madras, has provided a substantive overview of the situation of the thousands of ethnic Tamil Sri Lankans currently living in Tamil Nadu, noting that: “The Sri Lankan Tamils in Tamil Nadu can be divided into four categories. 1) Refugees in the camps; 2) Recognised refugees outside the camps, 3) Sri Lankan nationals and 4) Tamil militants detained in Special Camps”. The article relates that: “According to Tamil Nadu Government, there are 73,241 persons belonging to 19,340 families, who live in 115 camps in 26 districts. …There are [also] 31,802 refugees who live outside the camps”.1 Additionally, there are “Sri Lankan nationals who live in Tamil Nadu. They come to Tamil 1 Suryanarayan, V. 2009, „Sri Lanka: Focus on The Sri Lankan Tamil Refugees‟, South Asia Analysis Group website, 13 November http://www.southasiaanalysis.org/%5Cpapers36%5Cpaper3502.html – Accessed 17 November 2009 – Attachment 1. Nadu with valid travel documents and live in the State with their own means. They are required to register themselves with the nearest police station. Some of them continue to live in Tamil Nadu even after the expiry of the visas. …According to informed sources, under this category there will be nearly 80,000 people living in various parts of the State”. The report also relates that: “Those Sri Lankans, who have alleged links with the militant groups, are kept in Special camp in Chengalpet. According to informed sources, there are nearly 50 Sri Lankans who are detained in the Special Camp”; and that: “Living conditions in the Special camp are abominable and the National Human Rights Commission has drawn the attention of the State Government to improve the living conditions”. An August 2009 article which appeared in the Indian weekly Tehelka Magazine reports slightly different estimates “from the state‟s Department of Rehabilitation, [to the effect that] there are 1,01,086 [sic] refugees in Tamil Nadu. While 73,600 are housed in 113 government- run camps, 27,467 are living outside camps and are registered at police stations; about 101 suspected militants are detained in two special camps”.2 According to Tehelka Magazine conditions in the asylum seeker government-run camps are generally “miserable” and most “camps lack basic amenities”, something also noted by a number of other sources (see below). Even so, the Tehelka Magazine report goes on to find that: “Many refugees lead a comparatively [sic] settled life in India. Though spartan, the conditions of the refugees, appears favourable compared to the reports from Sri Lanka, where people are kept inside barbed wire enclosures”. In May 2009 Calcutta‟s The Telegraph reported similarly, relating that there are “around 80,000 Sri Lankan refugees living in 113 camps spread across 25 districts in Tamil Nadu”.3 The same report relates that: “According to some estimates, anywhere between 30,000 and 70,000 refugees have either taken up Indian citizenship in the early Nineties or simply melted into the population”. The aforementioned Dr V. Suryanarayan reportedly told The Telegraph that: “The ethnic similarity between Indian and Sri Lankan Tamils is so great that many of them have become Indian citizens through illegal means”. Some sources4 have claimed that Sri Lankan Tamils living in camps can be subject to intimidation, extortion and arbitrary detention by the “Q Branch”5 officers of the Tamil Nadu 2 Vinoj Kumar, P.C. 2009, „Greener Grass On This Side‟, Tehelka Magazine, vol.6: no.30, 1 August http://www.tehelka.com/story_main42.asp?filename=Ne010809greener_grass.asp – Accessed 1 December 2009 – Attachment 48. 3 Kumara Swamy, V. 2009, „Nowhere people‟, The Telegraph, 10 May http://www.telegraphindia.com/1090510/jsp/7days/story_10942916.jsp – Accessed 1 December 2009 – Attachment 50. 4 See the section „VII. Sri Lankan Refugees in India‟ over pages 116-119, in: Acharya, A.K. 2007, „Ethnic Conflict and Refugees in Sri Lanka‟, Revista de Antropología Experimental, Universidad de Jean website, No.7: Texto 9: pp.107-121 http://www.ujaen.es/huesped/rae/articulos2007/acharya0907.pdf – Accessed 30 November 2009 – Attachment 38; and: Nadar, A.G. 2009, „Tamil or Lankan bullets don‟t matter‟, Rediff News, 1 May http://news.rediff.com/special/2009/may/01/tamil-refugees-speak-about-events-in-sri-lanka.htm – Accessed 30 November 2009 – Attachment 40; Karthik R.M. 2009, „My Investigative Project on Mandapam Camp‟, Unceasing Waves Blog: Wordpress website, 31 August http://karthikrm.wordpress.com/2009/08/ – Accessed 1 December 2009 – Attachment 46. 5 In December 2007 the Australian post in New Delhi reported that: “The post has been advised that the Q Branch of Tamil Nadu is a wing of the state police that deals with prevention of militant and extremist activities”, see: DIAC Country Information Service 2007, India Country Information Report No. 07/86 – Alert Lists at Indian Airports, (sourced from DFAT advice of 4 December 2007), 4 December – Attachment 45. police (for more on which, see page 7 below) but corroborating reports would not appear to have been made by more noted commentators like the US Committee on Refugees and Immigrants (USCRI). While monitoring of Sri Lankan Tamils reportedly does occur, and while there have been recent reports of Sri Lankan Tamils in camps complaining about living conditions and the continued practice of having to report to Tamil Nadu police6, it would not appear that such monitoring is part of a broader program of mistreatment for Sri Lankan Tamils in Tamil Nadu. As will be apparent from the figures cited above, it would appear that comparatively few Sri Lankans have been detained as a consequence of a perceived association with the Liberation Tigers of Tamil Eelam (LTTE).7 While the Tamil Nadu police have reportedly arrested a number of persons suspected of acting in support of the LTTE (the South Asia Terrorism Portal lists around fifty such incidents for the period 2007 to the present day)8 it would appear that such arrests have usually involved either persons suspected of a high level of LTTE involvement and/or persons suspected of supplying the LTTE with military materiel.9 There have, additionally, been widely reported incidents in which certain prominent persons in Tamil Nadu have been arrested for speaking out in support of the LTTE10, though it would 6 „Sri Lankan Tamil refugees wish for Indian citizenship 2009, The Hindu, 3 November http://beta.thehindu.com/news/states/tamil-nadu/article42734.ece – Accessed 16 November 2009 – Attachment 5; „Tamil Nadu govt. to review living conditions of Sri Lankan Tamils‟ 2009, Trak.in News, source: ANI, 3 November http://trak.in/news/tamil-nadu-govt-to-review-living-conditions-of- sri-lankan-tamils/19619/ – Accessed 16 November 2009 – Attachment 6; „Tamil Nadu MPs return from Sri Lankan Tamil camps‟ 2009, India eNews, 14 October http://www.indiaenews.com/india/20091014/227141.htm – Accessed 16 November 2009 – Attachment 7. 7 Suryanarayan, V. 2009, „Sri Lanka: Focus on The Sri Lankan Tamil Refugees‟, South Asia Analysis Group website, 13 November http://www.southasiaanalysis.org/%5Cpapers36%5Cpaper3502.html – Accessed 17 November 2009 – Attachment 1. 8 „Terrorism-related incidents in Tamil Nadu, 2007-2009‟ (undated), South Asia Terrorism Portal website http://www.satp.org/satporgtp/countries/india/database/tamilnadu.htm – Accessed 17 November 2009 – Attachment 14. 9 See for example: „India breaks another LTTE weapon smuggling ring‟ 2009, Permanent Mission of Sri Lanka to the UN Office at Geneva, 6 April http://www.lankamission.org/content/view/1920/9/ – Accessed 17 November 2009 – Attachment 9; Kumar, S.V. 2009, „Police crackdown to prevent distribution of pro-LTTE CDs‟, the Hindu, 13 April http://www.hindu.com/2009/04/13/stories/2009041359860800.htm – Accessed 17 November 2009 – Attachment 10; Sathish Anand, C.S. 2008, „Tamil Nadu cops “strangulating” Tigers‟, Rediff News, 30 September http://www.rediff.com/news/2008/sep/30ltte.htm – Accessed 17 November 2009 – Attachment 11; Narayan Swamy, M.R. 2008, „Tamil Nadu arrests betray LTTE dependence on India‟, Thaindian, source: IANS, 8 August http://www.thaindian.com/newsportal/world-news/tamil-nadu- arrests-betray-ltte-dependence-on-india_10081365.html – Accessed 17 November 2009 – Attachment 12; „LTTE cadre held in Tamil Nadu‟ 2008, Thaindian, source: IANS, 31 July http://www.thaindian.com/newsportal/world-news/ltte-cadre-held-in-tamil-nadu_10077999.html – Accessed 17 November 2009 – Attachment 13.
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