The Denial of Minority Rights and Justice in Sri Lanka Kirupakaran Krisanthini, an 11 Year Old Tamil Whose Father Was Abducted and Killed in Thiriyai
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report No war, no peace: the denial of minority rights and justice in Sri Lanka Kirupakaran Krisanthini, an 11 year old Tamil whose father was abducted and killed in Thiriyai. She is among more than 100 children living in the Sivanda Thaovanam Orphanage in Trincomalee, Sri Lanka, 2009. Robin Hammond / Panos. Acknowledgements Minority Rights Group International The research for this report was undertaken by the author Minority Rights Group International (MRG) is a and by three Sri Lankan researchers, between July 2009 and nongovernmental organization (NGO) working to secure the August 2010. Due to security concerns, neither the author rights of ethnic, religious and linguistic minorities and nor the researchers can be named, but MRG extends its indigenous peoples worldwide, and to promote cooperation thanks to them, and to the activists, politicians, academics, and understanding between communities. Our activities are religious leaders and others who, at considerable risk, focused on international advocacy, training, publishing and agreed to be interviewed for this report. outreach. We are guided by the needs expressed by our worldwide partner network of organizations, which represent The author would also like to thank the anonymous minority and indigenous peoples. reviewers who provided comments on earlier drafts of this report. MRG works with over 150 organizations in nearly 50 countries. Our governing Council, which meets twice a year, has members from 10 different countries. MRG has consultative status with the United Nations Economic and Social Council (ECOSOC), and observer status with the African Commission on Human and Peoples’ Rights (ACHPR). MRG is registered as a charity and a company limited by guarantee under English law. Registered charity no. 282305, limited company no. 1544957. © Minority Rights Group International 2011 All rights reserved Material from this publication may be reproduced for teaching or for other non-commercial purposes. No part of it may be reproduced in any form for commercial purposes without the prior express permission of the copyright holders. For further information please contact MRG. A CIP catalogue record of this publication is available from the British Library. ISBN 978 1 907919 05 3. Published January 2011. Printed in the UK on recycled paper. No war, no peace: the denial of minority rights and justice in Sri Lanka is published by MRG as a contribution to public understanding of the issue which forms its subject. The text and views of the author do not necessarily represent in every detail and all its aspects, the collective view of MRG. No war, no peace: the denial of minority rights and justice in Sri Lanka Contents Abbreviations 2 Executive summary 3 Map 4 Introduction 5 Methodology 6 Part 1: The post-war situation for minorities in the north and east 7 Minority concerns regarding the state’s agenda 7 Displacement, return and resettlement 8 Militarization 12 Limits on freedom of expression and association 12 Sinhalization 13 Development 14 Justice, accountability and reconciliation 15 Case study – Tamils of Indian origin 18 Part 2: Key minority grievances 19 Land seizure 19 Political representation 21 Political autonomy 22 Human rights 25 Language 26 Conclusion 29 Recommendations 30 Relevant international instruments 31 Notes 33 Abbreviations APRC All Party Representative Committee NGO Non-governmental organization CID Criminal Investigation Department NIC National Identity Card COHRE Centre on Housing Rights and Evictions NUA National Unity Alliance CPA Centre for Policy Alternatives OCHA United Nations Office for the Coordination CPC Civil Protection Force of Humanitarian Affairs CWC Ceylon Workers Congress OHCHR United Nations Office of the High Commissioner for Human Rights DS Divisional Secretariats PTA Prevention of Terrorism Act EPDP Eelam People’s Democratic Party PTF Presidential Task Force GA Government Agents SLMC Sri Lanka Muslim Congress HRW Human Rights Watch SLR Sri Lankan rupees HSZ High Security Zones TID Terrorist Investigation Department ICCPR International Covenant on Civil and Political Rights TNA Tamil National Alliance ICRC International Committee of the Red Cross TOI Tamil of Indian origin IDP Internally Displaced Person UDA Urban Development Authority INGO International non-governmental organization UNF United National Front LLRC Lessons Learnt and Reconciliation UNHCR Office of the United Nations High Commission Commissioner for Refugees LTTE Liberation Tigers for Tamil Eelam UNP United National Party MLO Military Liaison Officer UPFA United People’s Freedom Alliance MRG Minority Rights Group International UTHRJ University Teachers for Human Rights Jaffna NESOHR North East Secretariat for Human Rights 2 NO WAR, NO PEACE: THE DENIAL OF MINORITY RIGHTS AND JUSTICE IN SRI LANKA Executive summary With the end of the conflict between Sri Lankan grievances that prompted the conflict in the first place and government forces and the Liberation Tigers for Tamil remain unaddressed – lack of access to land, lack of Eelam (LTTE or ‘Tamil Tigers’) in 2009, normality has political autonomy, and failure to implement existing returned for much of the population of Sri Lanka. But for legislation relating to the use of the Tamil language – and members of the country’s two main minority groups – it is easy to see why those interviewed for this report spoke Tamils and Muslims – living in the north and east of the of their despondency, fear, and lack of hope for the future country, harsh material conditions, economic of minority rights in Sri Lanka. marginalisation, and militarism remain prevalent. Drawing on interviews with activists, religious and Key recommendations: political leaders, and ordinary people living in these areas of the country, MRG found a picture very much at odds • The President should clearly outline his government’s with the official image of peace and prosperity following policy and position on minorities and create a the end of armed conflict. mechanism to consult widely with minority Across the region, many members of the Tamil and representatives across the country. Muslim communities remain displaced, living in IDP • The government should ensure that return and camps or resettled to areas where they have not been resettlement programmes conform to international provided with adequate housing have limited livelihood standards. All IDPs should be included in this process, opportunities in violation of international standards, and including ‘old’ IDPs. have limited livelihood opportunities. Parts of the region • All development plans for the north and east should are still designated as High Security Zones (HSZ), be opened up for a full and informed consultative meaning that people formerly resident in these areas process with representatives of minority communities cannot return. In other areas, land has been appropriated from the area. for hotels and other development projects, with mostly • The government must take concrete steps to Sinhalese labour brought in from other areas of the demilitarize the north and east. country. Unable to return to their land and resume the • The government should appoint a commission to income-generating activities that they practiced before the study the land issues faced by minority communities conflict, and excluded from these new employment in the north and east, and legislative changes needed opportunities, many Muslims and Tamils are living in to redress land issues should be identified and poverty. Even outside the HSZs, much of the north and implemented. east of the country effectively remains under military • Existing laws guaranteeing language rights should be control. Some members of minority communities living in fully implemented. army-controlled areas interviewed for this report spoke of • The government should remove all restrictions on intimidation and harassment at the hands of the military, freedom of movement and assembly in the north, and including sexual harassment and rape. As with violence remove restrictions imposed on NGOs and civil committed against civilians during the course of the society operating and working in the north and east. conflict, perpetrators are able to act with impunity, and • The UN Independent Expert on Minority Issues victims are denied access to justice. should be granted an invitation by the government to In addition to these difficult day-to-day conditions, visit the country in order to report to the United some Tamils interviewed for this report spoke of their Nations Human Rights Council on the situation of alarm at creeping ‘Sinhalization’ and the resulting erosion minorities in Sri Lanka. of their right to express their cultural, religious, and • The government should work together with civil linguistic identity. The victory of government forces over society to develop an independent, impartial and the LTTE was presented, in their eyes, as a victory of the credible justice and reconciliation mechanism to Buddhist Sinhalese majority over (mainly) Hindu Tamils investigate and account for serious human rights and Muslims. They spoke of the erection of Buddhist violations committed by both sides in the conflict, statues and shrines in Hindu areas, and of place names i.e. successive Sri Lankan governments and the changed from Tamil to Sinhalese. Add this to the list of Liberation Tigers for Tamil Eelam (LTTE). NO WAR, NO PEACE: THE DENIAL OF MINORITY RIGHTS AND JUSTICE IN SRI LANKA 3 SRI LANKA INDIA Jaffna Mannar Trincomalee Muttur Puttalam Batticaloa SRI LANKA