Emowerin Communitiesfor Justice Eualit and Human Rihts

Month:October 2009 Volume 1, Issue 2

TLAP Newsletter

Special Interest Articles:

• “Sri LankaDetentionCamps”.• “War Crimesand Need forInquiry”.

•

“TLAPConferenceExcerpts”.• “Colonizationand Landgrabbing”.

Highlights:

IDP Camps 2Against Law 3Conference 4War Crimes 5Colonization 6War Witness 7Editorial 7About TLAP 8

Tamil Legal Advocacy Project

The Office of War CrimesIssues of the StateDepartment prepared thereport on possible warcrimes committed duringthe final months. Thereport details allegedincidents of possible warcrimes by both parties."The US StateDepartment report shoulddispel any doubts thatserious abuses werecommitted during theconflict's final months,"said Brad Adams, Asia

“ Detaining IDPs violates UN treaty”- Top European Union Official

A top European Unionofficial has expressedconcern over the failure ofthe government to permitfreedom of movement tothe more than 200,000internally displacedpersons (IDPs) housed atwelfare camps in theNorth saying the failure todo so is not in line with aUnited Nations treaty.Ms. Jean Lambert,President of the EuropeanParliament (EP)delegation for relationswith South Asia said thatthe protracted detention ofdirector at Human RightsWatch. "Given Sri Lanka'scomplete failure toinvestigate possible warcrimes, the only hope for justice is an independent,internationalinvestigation." "Concernedgovernments should usethe US State Departmentreport as a clarion call foran internationalinvestigation," saidAdams. "There are nomore excuses forinaction."IDPs is disproportionateand conflicts with keyprovisions of the ICCPR(International Covenant onCivil and Political Rights).ICCPR is a United Nationstreaty based on theUniversal Declaration ofHuman Rights, created onDecember 16, 1966 andcame into force on March23, 1976.The ICCPR is monitoredby the Human RightsCommittee (a separatebody to the Human RightsCouncil which replacedthe Commission onHuman Rights under theUN Charter in 2006) withpermanent standing, toconsider periodic reportssubmitted by memberStates on their compliancewith the treaty.Ms Lambert further noteswith alarm theCommission statement atthis very meeting that "wehave seen nothing to allayour concerns about thewidespread climate ofimpunity which at presentseems to prevail in SriLanka"

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Source: Daily Mirror Interview For Full Report: http://www.dailymirror.lk/DM_BLOG/Sections/frmNewsDetailView.aspx?ARTID=64001

US War Crimes Report on Sri LankaDetails Extensive Abuses

Source: Human Rights Watch For Full Report: http://www.hrw.org/en/news/2009/10/22/sri-lanka-us- war-crimes-report-details-extensive-abuses

TLAP Newsletter

Page 2 of 8“Detention Camps” – Another humanitarian catastrophe Unfolding

are nothing but giantprisons fenced with razorwire and guarded byarmed soldiers.The conditions inside thecamp are terrible. Onerecently released old manfrom the Manik camp toldus: “Life inside the campis almost like living in hell.We faced a lot ofproblems after we left theLTTE-controlled areas.We were without food forseveral days. When askedfor water, we werescolded in filthy language.“Finally, packed likeanimals, we were broughthere. Initially food parcelswere thrown fromvehicles. Whoever gotthem ate, and others hadto starve. Several elderlypeople with me died ofstarvation during the earlydays.”The Sri Lankangovernment hasunderscored itsdetermination to keep280,000 Tamil civilians ininternment campsindefinitely, in blatantviolation of their basicdemocratic rights. It hasbeen obvious from thestart that these so-calleddisplaced persons’ camps

Tamil detainees in Sri Lanka: “Almost living in hell”Monsoon floods threaten displaced Tamils, says British minister

Source: Guardian, UK

“People are suffering with infectious diseases and some have died. The government is trying to kill with disease the people who escaped their guns, and claim it is just a natural disaster” - WSWS

Source: World Socialist News For Full Report: http://www.wsws.org/articles/2009/sep2009/slcm-s25.shtml

A quarter of a milliondisplaced Tamils are indire humanitarian need ofbeing allowed out ofinternment camps whichface flash floods in SriLanka's monsoons, aBritish minister said aftervisiting refugees. "We willnot be prepared to fundclosed camps after themonsoons.""These are closed camps,in the sense there's nofreedom of movement.The internationalcommunity supported thegovernment becausethese were meant to betemporary. We do not,however, want thesepeople taken to anotherclosed camp, we wantthem to go home."

Source: The Guardian, UK For Full Report: http://www.guardian.co.uk/world/2009/oct/06/monsoon-floods-threaten-tamils

If IDP persons said to bereleased from theinternment camps inVavuniyaa are in fact beingtransferred to camps indifferent regions, this ismisleading and must stop,says the Anglican Bishop ofColombo Rev. de Chickera.The Bishop has urged thegovernment to allow mediaaccess to areas in the Northand provide public updateson the work regardingresettlement of displacedpersons.The statement also says“the lack of co-ordinationamongst State Authoritiesare disappointing, and allthose responsible forimplementing thisdecision should berequired to ensure co-ordination, compassionand speed.”

Transferring IDPs, instead of releasing them, must stop: Bishop

Sri Lankan troops openedfire on dozens of Tamilcivilians as they allegedlytried to escape frominternment camps wherethey and 280,000 othershave been held sinceMay. The army said thatthe civilians had peltedsoldiers with stones asthey tried to break freefrom the Manik Farmcamp in the northerndistrict of Vavuniya onSaturday.

Source: Guardian, UK

“The imminent monsoon will create life threatening conditions in these camps, and risks causing a humanitarian catastrophe - Bianca Jagger, prominent human rights advocate

Source: Tamilnet For Full Report:

http://www.tamilnet.com/art.html?catid=13&artid=30309

The incident is the first ofmany undisputedexamples of the SriLankan Army firing oncivilians in the camps. Ithighlights thecontroversial status ofthe camps, which theGovernment calls“welfare villages”, andappears to violate apledge by the army notto shoot if prisoners triedto escape.

‘Tamils shot by army after attempting to ‘escape’ from camp

Source: The Times, UK For Full Report:

http://www.timesonline.co.uk/tol/news/world/asia/article6851567.ece

TLAP Newsletter

Page 3 of 8“Sri Lanka IDP Camps – Violation of International Laws” - Rights Bodies

“Intervene forcefully with the Sri Lankan government” –

protection mechanisms inthe camps and the secret,incommunicado detention – and possible enforceddisappearance – ofsuspected combatants.Poor conditions,overcrowding, andinadequate medical careincreases the risk ofserious health problemsduring the comingmonsoon season. HumanRights Watch also saidthat the authorities are notbeing open and honestwith camp residents aboutwhen they may go home,keeping them in a state ofuncertainty and anxiety.Human Rights Watchurged the World Leadersto call on the Sri Lankangovernment toimmediately release morethan 260,000 displacedpersons illegally confinedin detention camps. HRWsaid it was concernedabout the lack of

“People living in these camps are desperate to leave. The provision of protection,assistance and return is not an act of charity but a basic right - AI

“The danger of serioushuman rights violations,including torture, enforceddisappearances andextrajudicial killingsincreases substantiallywhen detainees are held inlocations that are notofficially acknowledgedplaces of detention andlack proper legal

“Detainees are being held incommunicado” – Amnesty

procedures andsafeguards”, said SamZarifi, AmnestyInternational’s AsiaDirector. Many of thesedetainees are being heldincommunicado, meaningthey have not had accessto family members or legalcounsel and have notappeared in court.Amnesty has confirmedthe location of at least 10such facilities in schoolbuildings and hostelsoriginally designated asdisplacement camps in thenorth. There have alsobeen frequent reports ofother unofficial places ofdetention elsewhere in thecountry.Walter Kaelin, arepresentative of theUnited Nations secretary-general, said that civiliansheld in tightly-guardedcamps should be grantedfreedom to ensure that the

UN ratchets up criticism of Sri Lankan camps

island complied with itsinternational obligations."Immediate andsubstantial progress inrestoring freedom ofmovement for thedisplaced is an imperativeif Sri Lanka is to respectthe rights of its citizensand comply with itscommitments andobligations underinternational law," he saidin a statement receivedhere.

Source: Human Rights Watch For Full Report: http://www.hrw.org/en/news/2009/09/22/sri-lanka-world-leaders-should-demand-end- detention-camps

Source: Local sources

Source: Amnesty International For Full Report: http://www.amnesty.org/en/news-and-updates/news/sri-lankan-army-clashes-detainees- 20090924

“Immediate and substantial progress in restoring freedom of movement for the displaced is an imperative to comply with its commitments and obligations under international law” –Mr.Kaelin, UN Top Official

Source: AFP News For Full Report: http://news.yahoo.com/s/afp/20090929/wl_sthasia_afp/srilankaununrestrights_20090929202750

Conditions in the campsare poor and deteriorating.They are overcrowded,with medical facilities,access to clean water andsanitation all woefullyinadequate. These

Camps violate both national and international law - ICG

conditions are expected toworsen dramatically withthe onset of the monsoonseason. The military ispreventing humanitarianorganisations, includingthe UN and theInternational Committee ofthe Red Cross (ICRC) [1],from undertaking effectivemonitoring and protectionin the camps. Suchrestrictions on freedom inthe absence of dueprocess are a violation ofboth national andinternational law.

Source: International Crisis Group For Full Report: http://www.crisisgroup.org/home/index.cfm?id=6335&l=1