Situation

In violation of International Humanitarian Law (IDL) and International Human Rights Law (IHRL) the Government of Sri Lanka (GoSL) continues to deny Humanitarian Agencies, including the UN and ICRC, access to the 15,000 Internally Displaced Persons (IDPs) in the Vaharai Division of Batticaloa District in the NorthEast.  These IDPs were displaced from the Muttur, Sampoor, and Eachchilampattu Divisions of the Trincomalee District beginning in August 2006.

The GoSL has denied access by the international humanitarian community and enforced an embargo on the transportation of food, medicine, shelter, and non-food relief items (NFRI) to the area since 29 November 2006.

The situation is now critical as all food supplies have been exhausted and the GoSL has denied permission for any food convoys to proceed to the area. Starvation is imminent for the 15,000 IDPs. Most of these IDPs were displaced with only the clothes on their back in August and September 2006. The IDPs have subsisted on the bare minimum required to keep them alive and are now malnourished. Throughout the crisis the GoSL has restricted the transportation of food, medicine and all other humanitarian relief to the area and has allowed only token convoys of relief on an ad hoc basis restricting the amount allowed per convoy to only approximately 60% of the required amount. The last convoy allowed into the Vaharai area was on 29 November and at that time only carried 2 weeks worth of supplies for the IDPs.

The restriction on the freedom of movement of international humanitarian personnel, and the ensuing denial of access to IDPs on the pretext of “security” in situations of armed conflict, in which the suspension is used for military and political objectives, and on a discriminatory basis is also a violation of International Humanitarian Law (IHL).

Continuous and unrestricted access to the internally displaced means not only access for the provision of assistance and related protection, but also unrestricted access for regular and systematic needs assessments and follow-up monitoring. Due to the fact that no international organizations have been allowed into the Vaharai area since 29 November, there is a dearth of information available to humanitarian organizations, the media and the public at large. Access must be allowed so that needs assessments can be performed by the international humanitarian community and the necessary assistance and protection can be provided to the IDPs.

International Humanitarian Law (IDL) and International Human Rights Law (IHRL)
The GoSL’s denial of access to the IDPs and the denial of the food and medicine are violations of International Humanitarian Law and International Human Rights Law. Article 54 of the Additional Protocol I to the Geneva Conventions and Article 14 of Additional Protocol II both state that, “Starvation of civilians as a method of warfare is prohibited.”

Principle 10, 2 (b) of the United Nations’ “Guiding Principles on Internal Displacement” states that, “Internally displaced persons shall be protected, in particular, against: (b) Starvation as a method of combat; (d) Attacks against their camps or settlements.”

Principle 18, 2 further states that, “At the minimum, regardless of the circumstances, and without discrimination, competent authorities shall provide internally displaced persons with and ensure safe access to: (a) Essential food and potable water; (b) Basic shelter and housing; (c) Appropriate clothing; and (d) Essential medical services and sanitation.

Principle 25, states that,

Additionally, the UN Security Council, in a resolution, S.C. res. 794 (1992) condemned the intentional usage of starvation as a method of warfare in an internal armed conflict.

The GoSL is also in violation of the following:
 

International Humanitarian Law (IHL)

·   The prohibition on starvation of civilians as a method of combat (Additional Protocol II, article 14);

·   Provision of special protection and right to relief for the wounded, the sick and children (Additional Protocol II, articles 4, 5, 7 and 11);

    ·   Permitting impartial and humanitarian relief actions for the civilian population (Additional Protocol II, article 18).

International Human Rights Law (IHRL)
·   The Freedom of movement of all, including humanitarian personnel (the Universal Declaration of Human Rights, article 13, and the Covenant on Civil and Political Rights, article 13);

·   Right to survival and development, including food, medical treatment and shelter (the Universal Declaration of Human Rights, article 3; the International Covenant on Economic, Social and Cultural Rights, articles 11 and 12; the Convention on the Elimination of All Forms of Discrimination against Women, articles 12 and 14; and the Convention on the Rights of the Child, articles 6 and 22).

TRO APPEAL

TRO appeals to the GoSL and LTTE to follow the United Nations Secretary-General’s call on 16 January for “all sides in the conflict to ensure open and safe access by humanitarian actors in Sri Lanka to affected areas, while maintaining the neutrality and security of schools, hospitals and religious institutions as "safe zones.”

TRO once again requests that the GoSL designate the Vaharai Hospital and surrounding schools, which are being used by TRO as IDP shelters, as “Safe Zones”.  The LTTE and TRO have conveyed this request to the ICRC and the GoSL in the past without any response.

Food and NFRI Convoys to the Vaharai area