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.
