Report of the Special-Rapporteur on minority issues on her mission to Sri Lanka Feb 2017
Contents
I. Introduction ………………………………………………………………………………………………………………….. 3
II. Minority rights: legal, political and institutional framework………………………………………………… 4
III. Overall challenges for minorities …………………………………………………………………………………….. 6
A. Governance and political participation ……………………………………………………………………… 6
B. Linguistic rights …………………………………………………………………………………………………….. 6
C. Religious freedom ………………………………………………………………………………………………….. 7
IV. Minorities and post-conflict issues …………………………………………………………………………………… 8
V. Specific groups of concern ……………………………………………………………………………………………… 11
A. Internally displaced persons …………………………………………………………………………………….. 11
B. Minority women ……………………………………………………………………………………………………. 12
C. Tamils in the North and East …………………………………………………………………………………… 13
D. Muslims ……………………………………………………………………………………………………………….. 14
E. Plantation Tamils …………………………………………………………………………………………………… 14
F. Caste-affected groups …………………………………………………………………………………………….. 14
G. Smaller minority groups …………………………………………………………………………………………. 15
VI. Conclusions and recommendations ………………………………………………………………………………….. 16
…Targeted actions needed for Sri Lankan minorities
74.To achieve peaceful coexistence after the long, devastating civil war, a comprehensive, well-planned and well-coordinated truth, reconciliation, healing and accountability process must take place, and it cannot be done overnight. However, almost two years after the change of Government, the Special Rapporteur notes the mounting frustrations with the pace of progress. It is important for the Government to put in place some immediate, important and concrete measures to clearly demonstrate its political will and commitment to better protect the country ’s minorities.
75.The specific policy interventions to address the needs of different minority groups should be based on accurate data that are disaggregated by, inter alia, gender, ethnicity, language and religious affiliation. Such data are crucial to highlight the vulnerability of the different population groups, including those that face multiple forms of discrimination, and enable legislators and policymakers to establish targeted programmes. Census questions should allow open and multiple responses that enable respondents to self-identify according to their national, ethnic, religious and linguistic affiliation, including multiple identities.
76. As a matter of priority, the Government must continue and step up the release to the civilian populations of the remaining 6,124 acres of the land currently held by the military in the North as well as other lands and coastal areas occupied by the military. A proper mapping exercise of all the lands currently occupied by the military must take place, and lands currently not in use or whose use cannot be adequately justified for military purposes must be returned without delay to their rightful owners in a condition that is usable. Where private lands have been acquired without due process or compensation, these lands must be returned and/or compensated for. Demilitarization of the North and East is not only urgent for its practical implications such as the livelihood of the local population, but required for symbolic purposes. With police powers having been transferred back from the army to civilian control, it will be important for the police to reflect the ethnic and linguistic composition of the local population to overcome practical barriers and rebuild trust.
77.While the country is undergoing an important reconciliation process, with constitutional reform and transitional justice and policymaking, the devastating impact of the war and violence on psychological well-being cannot continue to be ignored. Past acts of repression of culture and expression, ethnic intolerance and discrimination, as well as the crimes and violations committed during the conflict and the prevailing impunity, have severely damaged social and cultural norms and feelings of identity, belonging and trust. Therefore, the Government should also consider supporting psychosocial programmes and counselling and support interventions to help victims, especially women, overcome the trauma, which often manifests in complex and intertwined physical, emotional and mental health complications.
78. Intensified efforts by national authorities and the international community are required to facilitate the voluntary return of the displaced, including those evicted by LTTE in 1990, and to ensure the improvement and sustainability of returnee communities. The outstanding recommendations of the Special Rapporteur on the human rights of internally displaced persons following his visit to Sri Lanka in December 2013 (see A/HRC/26/33/Add.2, para. 56) should be implemented without further delay.
79.In the light of the Government’s commitment to repeal the Prevention of Terrorism Act, the Special Rapporteur recommends its immediate repeal, ensuring that any new antiterrorism legislation that replaces the Act meets all relevant international standards. The cases of all security-related detainees should also be reviewed immediately with a view to their swift release if there are no elements that would merit a prosecution; alternatively, those against whom there is evidence of involvement in serious crimes should be charged.
80.Minority women and children are particularly vulnerable to the effects of discrimination, social exclusion and poverty and their situation merits particular, focused attention. The Government should undertake research and formulate specific, targeted programme responses as appropriate. Targeted psychosocial and livelihood assistance for women in the war-affected areas, particularly the female heads of household and former combatants, need to be strengthened.
It is equally important to ensure that women’s voices are systematically heard and reflected in the transitional justice process. The amended Local Government Election Act and its quota of 25 per cent of places to be given to women should also consider the inclusion of minority women.
81.The Special Rapporteur recommends a review of all personal laws of minority communities (such as Kandyan, Tesawalamai or Muslim law) in line with international human rights standards, especially the 1951 Muslim Marriage and Divorce Act. Such reviews should be conducted in full consultation with the community concerned, including women’s groups. The supremacy of the Constitution must be guaranteed so that all fundamental rights provided for in the Constitution can be guaranteed for all without discrimination.
82.It will be crucial for the new plan of action for the Plantation community to be implemented with sufficient resources and with the participation of the community. The current progress of construction of houses must be continued to achieve the goal of 50,000 houses in the next five years. The Government’s commitment to provide title deeds for ownership of 7 perches of land per household will also require estate management cooperation in finding and allocating suitable lands. With respect to the estates that are privately owned, the Special Rapporteur, recalling the Guiding Principles on Business and Human Rights, underscores the responsibility of private companies to respect human rights, which is complementary to the responsibilities of the Government.
83.The Special Rapporteur draws the attention of the Government to the recommendations contained in her report on minorities and discrimination based on caste and analogous systems of inherited status (A/HRC/31/56) and urges their implementation as appropriate.
84. There is a lack of detailed information available regarding the overall situation of the smaller minorities. To fully understand their problems and respond appropriately, it is necessary for the Government to undertake further research of both a quantitative and qualitative nature for appropriate policy planning. The representatives of smaller minority groups should participate in a meaningful way in all stages of policy formulation, programme design and implementation of decisions that affect them.
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