The Canadian Human Rights Mission to Sri Lanka visited
the island for eight days commencing 20 February 1992. The visit was in
response to growing international concern over human rights abuses in
Sri Lanka. The team leader was the Very Rev Dr.Lois Wilson who is an
ordained Minister of the United Church of Canada. She was a former
moderator of the United Church and an immediate Past President of the
World Council of Churches.
The other members of the Mission were Mr. Pierre
Duquette, an Immigration Lawyer and Legal Counsel to the former Minister
of State for Immigration, Gerry Weiner; Ms. Marian Botsford Fraser,
writer and broadcaster and member of the Board of Directors of the
Canadian Centre of International PEN; Ms. Beryl Gaffney, Member of the
Canadian House of Commons and Liberal party critic for Human rights;
Dr.Kenneth Kuhn, Executive Director of the Lutheran's Church Division
for Church and Society; Mr.Peter McCreath, Member of the Canadian House
of Commons, Parliamentary Secretary to the Minister of State for Finance
and Privatisation and President of the Canadian Council for
Multicultural and Intercultural Education; Mr. Svend Robinson, Member of
the Canadian House of Commons and New Democratic party spokesperson on
External Affairs and International Human Rights; and Dr.Stephen Toope,
Associate Dean of Graduate Studies and Research at the Faculty of Law at
the University of McGill who teaches and writes in the field of
International Law and Constitutional Law.
Staff support for the Mission was provided by Mr.
Robin Gibson who was the Asia/Pacific Development Coordinator for the
Primate's World Relief and Development Fund of the Anglican Church of
Canada and Chairperson of the Consultative Committee on Human Rights of
the Canadian Council of Churches.
In a Press Release, the Mission stated that its visit
had come about as part of an international effort to promote peace and
justice in Sri Lanka where since June 1990, over 3,000 civilians have
been killed and more than one million people displaced from their homes.
In 1991, Canada received over 4,000 refugee claimants from Sri Lanka.
''The Mission will make recommendations on the effectiveness of the
current Canadian government policy of linking human rights issues to aid
development commitments and on the constructive Canada should play in
the achievement of a ceasefire, on peace talks, and in a negotiated
settlement between the Sri Lankan government and the Liberation Tigers
of Tamil Eelam''.
Press Release 5 February 1992
Canadian Human Rights Mission Calls for
Immediate Internationally Monitored Cease Fire and Negotiations to
Resolve the Conflict in Sri Lanka
At a Press Conference today in Ottawa, a group of prominent Canadians
called upon the government of Sri Lanka and the Liberation Tigers of Tamil
Eelam (LTTE) to agree to an immediate internationally monitored case fire
and a move towards a negotiated peace settlement.
Attending the Press Conference were the Very Reverend Dr Lois Wilson,
former Moderator of the United Church of Canada and past president of the
World Council of Churches; Beryl Gaffney, MP for Nepean; Peter McCreath, MP
for South Shore, NS; and Svend Robinson, MP for Burnaby-Kingsway, BC;
immigration lawyer Pierre Duquette; and broadcaster/journalist Marian
Botsford Fraser. All are members of a group who travelled to Sri Lanka last
month to study the impact of that country's eight-year civil war on the Sri
Lankan people.
While in Sri Lanka, the Canadian team investigated continuing reports of
human rights abuses and growing concern that a full-scale military offensive
is likely to be mounted in the Jaffna peninsula. The Sri Lankans with whom
the team met urged the team members to increase external economic pressure
on the Sri Lankan government to end these abuses. "The ethnic conflict will
not be resolved by a military offensive, and the loss of life would be
massive and inexcusable," said the Very Rev Dr Lois Wilson. "We are
profoundly disturbed by the lack of political will to move with urgency
towards a negotiated settlement."
The Canadian team met this morning with Canadian International
Development Agency (CIDA) officials, urging them to step up the discussion
of human rights and the level of economic assistance provided to Sri Lanka
at the meeting of the Sri Lanka Donors Consortium in Paris.
The Canadian delegation will deliver its final report on February 21,
1992, with more than 40 recommendations to the Canadian and Sri Lankan
governments. The most urgent recommendations were presented at the Press
Conference on February 5, 1992.
The recommendations included the following:
The Sri Lankan government and the LTTE must agree to an immediate,
internationally monitored cease fire leading to a negotiated settlement. The
international community must apply pressure to achieve these objectives.
Canada should take the lead to facilitate international mediation of the
conflict through the United Nations, the Commonwealth, or another
appropriate multilateral body.
Canada should suspend the part of Canadian bilateral assistance that is
channelled to Sri Lankan government projects. These funds should be
re-allocated to other programs in Sri Lanka.
Canada should continue to channel aid through Sri Lankan, Canadian and
international non governmental organizations.
Canada should intensify its leadership role within the donor community
and urge international financial institutions (such as the World Bank) to
relate levels of aid to an improvement in the human rights situation.
Given the current state of civil war in Sri Lanka, Canada should refrain
from the involuntary removal of Sri Lankans who have claimed refugee status
in Canada.
Canada should establish appropriate quota levels to allow for the
reunification within two months of spouses and dependent children once a
refugee claimant has been recognized as a refugee in Canada. Canada should
immediately allocate the necessary resources to achieve this objective.
During their eight days in Sri Lanka, the Canadian delegation met with
government officials, political leaders, NGO spokespersons, church leaders,
community representatives and members of various human rights task forces.
The group heard representations from all sides of the ethnic conflict,
including the LTTE and found clear evidence of continuing disappearances,
unlawful detentions by security forces and numerous unrecorded deaths. Says
Mr McCreath, "The people of Sri Lanka are still subject to arbitrary
and undocumented arrest, confinement without charge in unofficial detention
centres and in some cases, torture and death. This is unacceptable."
The Canadian Human Rights Mission to Sri Lanka will present its final
recommendations to CIDA and external Affairs on February 21, 1992.
Summary Findings
The incredible beauty of Sri Lanka, its enormous potential and rich human
resources seemed to magnify the deep tragedy of the ethnic conflict which
threatens all that Sri Lanka could be. Team members of the Canadian Human
Rights Mission to Sri Lanka were alarmed by the extent of human rights
violations and the enormous human cost of the conflict. Equally distressing
was the fact that the severity of the situation is so little known or
addressed by the international community.
The team members hope that the following report of the current situation
in Sri Lanka will contribute in some small way to a just and lasting
resolution of the ethnic conflict and restoration of peace and justice to
Sri Lanka.
Human Rights Violations
Human rights violations continue to occur in Sri Lanka at an alarming
rate. Team members were approached throughout their visit by persons who
sought assistance with individual cases of extrajudicial killings, arbitrary
arrests and detentions and disappearances. The team received written
documentation regarding hundreds of such cases. Most distressing was the
failure of the government to acknowledge the level of human rights abuses
occurring in the country.
The team also heard reports of human rights abuses committed by the
Liberation Tigers of Tamil Eelam (LTTE). Violations including kidnapping of
individuals to be held for ransom, massacres and forced removal of Muslim
populations and arbitrary detention.
While the level of human rights violations has decreased to some extent
since the appalling levels occurring in 1989 and 1990, the continuation of
any violations is completely unacceptable.
Military Stalemate
Following meetings with Spokespersons for both the government security
forces and the LTTE acknowledge it was clear that it is not possible for
either side to achieve a military victory. High levels of militarization
exist with an occupation force of the LTTE in the North and of the security
forces in the East. Militarization also includes Muslim and Sinhala
Homeguard Units. The militarization has a mixed reception. It was apparent
to team members that many Tamils are genuinely grateful for the protection
provided to them by the LTTE. In the East there is wide support by the
Muslim community for the role of the Sri Lankan security forces. However,
the armed conflict provides the context and the rationale for ongoing
serious human rights abuses and further polarizes the situation.
Notwithstanding the military stalemate there is considerable offensive
actions by both security forces and the LTTE. Considerable anxiety was
expressed regarding potential loss of civilian life should the security
forces move with an offensive to regain control of the North. An
internationally monitored case-fire is an urgent step towards creating
conditions conducive to negotiating a political settlement.
Negotiated Settlement
A negotiated political settlement to the conflict is an urgent need.
Regrettably the team members found themselves pessimistic regarding the
likelihood of such a settlement. There appears to be a complete lack of
political leadership or resolve by either the government or the LTTE to take
steps that would lead to negotiations. The LTTE has indicted a willingness
to participate in talks but is unlikely to compromise on a number of key
issues. The government has shown a willingness to talk about possible
solutions through the establishment of the Select Parliamentary Committee
but party politics appear to effectively eliminate any real movement towards
placing a concrete proposal on the table.
Given that there is little real internal will for a negotiated
settlement, many in Sri Lanka and the team members felt that only strong
external pressure will bring the parties to negotiations.
Lack of Accountability Regarding Human Rights
While the government has established a number of commissions or task
forces over the past year to examine issues of human rights it is clear that
the terms of reference of and the level of resources provided to these
bodies are entirely inadequate. As a result there is a de facto impunity for
members of the security forces who commit human rights violations.
Likewise the LTTE has not developed procedures that would allow for the
discipline of combatants and the investigation of allegations of human
rights abuses.
Climate of Distrust, Fear and Repression
There is a pervasive climate of fear and mistrust throughout the country.
This climate is reinforced by the levels of militarization in the North and
East and ongoing human rights abuses. Minority community sentiments are
manipulated by politicians and extremists from all ethnic groups. There is
an urgent need to rebuild trust and understanding between Tamil, Muslim and
Sinhalese communities. The establishment of guarantees for all minority
groups is of utmost importance.
Contributing to the problems in Sri Lanka is a climate of repression.
Electronic media is state controlled. The print media is largely used to a
significant extent to promote the government point of view or give voice to
Buddhist chauvinistic opinions. There seemed to be little public
participation in the political process. Freedom of expression and freedom to
organize alternative political opinion was limited by fear of repressive
action on the part of the government and the LTTE.
Humanitarian Concerns
The ongoing cost of the conflict is devastating. In the North, there are
serious shortages of food, medical supplies and fuel. Should military
activity in the North increase the situation there would quickly become
desperate. The means of livelihood for most of the population in the North
and much of those in the East is destroyed. Normal life is not possible.
Official figures indicate that over one and half million people
internally displaced in Sri Lanka. Approximately 250,000 live in overcrowded
and under-serviced refugee camps.
The flight of refugees to other countries continues. Arbitrary arrests of
young Tamils are commonplace throughout the country. The team concluded that
virtually any young Tamil male could have a well-founded fear of persecution
from either the government security forces or, in some instances, the LTTE.
Economic Disparities
At the very heart of the conflict in Sri Lanka is the widening gap
between the rich and the poor and between the North/East and the rest of the
country. many people indicated to team members that dissatisfaction with
central government economic policies are at the root of support for the LTTE
in the North and East and for the Janatha Vimukthi Peramuna (JVP) in the
south. The continuing conflict further disqualifies the North and East from
any benefits of the six per cent growth rate achieved by the Sri Lankan
economy over the past year.
Development Assistance
People in the North and East asserted strongly that overseas development
assistance does not reach the most affected sectors of the population except
in the form of relief. Some analysts pointed to the terms of foreign debt
repayment and the Structural Adjustment Programs associated with loans from
the International Monetary Fund and the World Bank as contributing to the
gap between the rich and the poor.
The work of non-governmental organizations was seen as being constructive
but the ongoing conflict on the North and East limits the capacity of even
NGOs to address basic socioeconomic conditions in these areas.
Many people argued that conditions tying human rights to levels of
overseas development assistance, particularly in a concerted manner, by
donor nations and international financial institutions could usefully
influence the government to end human rights abuses and take concrete
measures towards a negotiated political settlement.
The Role of the International Community
Team members were told that the international community had played and
would continue to play an important role in pressuring the Sri Lankan
government to improve the human rights situation. The visit of the Canadian
team generated considerable interest by the media and the general public.
Many people approached the team with requests to intervene on individual
cases as well as urged the international community to apply pressure on the
Sri Lankan government and the LTTE to end abuses and resolve the conflict.
It is important that international teams continue to visit Sri Lanka and
that pressure be maintained.
Recommendations
Negotiated Settlement
1) The Sri Lankan government and the LTTE must agree to an immediate
internationally monitored cease-fire leading to a negotiated political
settlement. The international community must apply pressure to achieve these
objectives.
2) Under no circumstances should the government of Sri Lanka resort to a
military offensive in an effort to end the conflict through military means,
particularly in the Jaffna peninsula.
3) The government of Sri Lanka should demonstrate its good faith by
presenting proposals and a clear timetable for a concrete political
settlement to the ethnic problem as soon as possible.
4) Canada should take the lead to facilitate International mediation of
the conflict through the United Nations, the Commonwealth or another
appropriate multilateral body.
5) The government of Sri Lanka should repeal repressive legislation,
including the Prevention of Terrorism Act and Emergency Regulations and
ensure that all legislation fully conforms to international law.
6) Religious leaders should be encouraged to take a prominent role in
promoting inter cultural understanding.
Human Rights
7) All of the 32 recommendations contained in the Amnesty International
report entitled Sri Lanka - the North-East, Human Rights Violations in the
Context of Conflict, should be implemented and their implementation should
be independently monitored.
Detainees
8) The government of Sri Lanka should establish and maintain a
centralized list, accessible to the public, of all detainees held in all
places of detention.
9) The government of Sri Lanka must establish and implement clear and
unequivocal procedures for the handling of detained persons, including the
right to notify, communicate with and be visited by next of kin.
10) Only one Minister should be authorized to issue detention orders
under s.9 of the Prevention of Terrorism Act. (This recommendation subject
to Number 5.)
11) Given that risk to detainees is highest within the first twenty four
hours of detention, the government of Sri Lanka should ensure that all
persons in detention are seen promptly after arrest or capture by
representatives of an independent body such as the Human Rights Taskforce or
the International Committee of the Red Cross.
12) The LTTE should implement, in areas they control, recommendations 8,9
and 11.
13) Conditions of detention should meet internationally established
standards.
Impunity
14) Procedures for the discipline and criminal prosecution of security
forces who commit, or who have committed, human rights abuses or violations
of the law should be established and enforced.
15) The government of Sri Lanka should repeal the Indemnity (Amendment)
Act as an indication that perpetrators of human rights abuses will not be
shielded from prosecution.
Commissions of Inquiry
16) The Presidential Commission of Inquiry investigating the massacre at
Kokkadichcholai must be remandated, with power to compel witnesses to give
evidence subject to full safeguards against self incrimination, to allow for
a full and independent investigation into the circumstances of the incident.
17) As recommended by Amnesty International and the United Nations
Working Group on Enforced or Involuntary Disappearances, the mandate of the
Presidential Commission of Inquiry into the involuntary Removal of Persons
should be extended to include cases of "disappearances" which took place
prior to Janaury 11, 1991.
18) An independent Commission of Inquiry should be established, and
sufficient resources provided, to investigate all allegations of human
rights abuses such as the massacre at Kattenkudy, Batticaloa District and
killing of two complete families at Kattaiparichchan, Trincomalee District.
Human Rights Standards
19) In all cases of death occurring during arrest or detention, death
certificates should be issued and bodies released to next of kin for burial.
20) The government of Sri Lanka should ratify the Optional Protocol to
the International Covenant on Civil and Political Rights and the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
21) The government of Sri Lanka should ensure that the Sri Lankan
constitution and all laws fully comply with the International Covenant on
Civil and Political Rights and the International Covenant on Economic,
Social and Cultural Rights.
22) The government of Sri Lanka should ratify and fully respect
International Labour Organization Conventions regarding the rights of
working men and women, both organized and unorganized.
23) The Constitution of Sri Lanka should be amended to guarantee
fundamental rights, including freedom of speech, freedom of association and
freedom of the press.
Non Governmental Organizations
24) With respect to the findings of the Presidential Commission of
Inquiry in Respect of Non-Governmental Organizations; NGOs must be allowed
to function without interference by the State.
Language Rights
25) The Sri Lankan constitution should be amended to recognize full
equality of the Sinhala and Tamil languages and relevant legislation enacted
and administrative procedures implemented to achieve this.
United Nations Commission on Human Rights
26) Canada should take the lead at the 48th Session of the United Nations
Commission on Human Rights urging the Commission to pass a strong resolution
on the situation of human rights in Sri Lanka
Arms Control
27) Canada should ensure the complete embargo on all arms exports to Sri
Lanka.
28) Canada should call on the international community to impose a
complete embargo on all arms to Sri Lanka.
Overseas Development Assistance
29) Canada should suspend the part of Canadian bilateral, assistance that
is channelled to Sri Lankan government projects. These funds should be
re-allocated to other programs in Sri Lanka.
30) Canada should continue to channel aid through Sri Lankan, Canadian
and International non-government organizations.
31) Canada should intensify its leadership role within the donor
community and urge international financial institutions to relate levels of
aid to an improvement in the human rights situation.
32) At the upcoming February 7th Sri Lanka Donors' Consortium meeting in
Paris, Canada should urge that development assistance and other financial
involvements be directly linked to a timetable for improvements in the human
rights situation and should propose mechanisms for monitoring the human
rights situation in Sri Lanka by the donor community.
33) Canada should continue to seek out and support Sri Lankan
organizations which promote ethnic understanding and human rights.
Documentation of human rights abuses should be facilitated.
34) Canada should continue to identify and promote linkages between
Canadian institutions and organizations and groups in Sri Lanka working on
common issues.
35) Canada should ensure that its overseas development assistance
promotes sustainable development, protects the environment and decreases
economic disparities.
36) Canada should address concerns regarding the impact of World Bank and
International Monetary Fund supported Structural Adjustment Programs on the
poorest and most vulnerable communities in Sri Lanka.
Humanitarian Concerns
37) All efforts should be made to ensure adequate provision of food,
medical supplies and fuel to the Northern Province of Sri Lanka.
38) Canada should give high priority to providing funding and logistical
support to ensure that humanitarian needs of the population in the North and
East, with particular attention to those in Jaffna district, are adequately
met.
39) An international observer team should monitor the adequacy of
humanitarian assistance in the North.
Refugees
40) Given the current state of civil war in Sri Lanka, Canada should
refrain from the involuntary removal of Sri Lankans who have claimed refugee
status in Canada.
41) Canada should establish appropriate quote levels to allow for the
reunification within two months of spouses and dependent children once a
refugee claimant has been recognized as a refugee in Canada. Canada should
immediately allocate the necessary resources to achieve this objective.
42) Canada should continue to give high priority to both the short term
and long terms needs of internally displaced refugees in Sri Lanka.
43) The government of India should be urged to ratify the United Nations
Convention on refugees in order that the UNHCR might have access to Sri
Lankan refugees in India.
