Human rights and the peace process in Sri Lanka
A civil society appeal
[6th June, 2003]
We the undersigned have been actively involved in the promotion and protection
of human rights in Sri Lanka for many years. Our experience shows us that peace
in our country cannot be just or sustainable in the absence of strong and effective
protection for the full set of fundamental civil, political, economic, social, and
cultural rights as recognized in a broad range of internationally accepted covenants
and norms.
On April 28, 2003, we issued a statement on the urgent need for the immediate establishment
of effective human rights protections and independent monitoring to provide safeguards
throughout the process towards peace in Sri Lanka.
We reiterate these concerns in light of the forthcoming donor meeting due to be held
in Tokyo on June 9 and 10 and urge the Government of Sri Lanka, the Liberation Tigers
of Tamil Eelam, the Royal Norwegian Government, and the community of bilateral and
multilateral donors to Sri Lanka to reaffirm publicly that the protection of the
human rights of all Sri Lankans will be guaranteed for the duration of the peace
process.
We call upon the Sri Lankan government and the LTTE to commit themselves to a comprehensive
and binding human rights document, which would be in force until a final constitutional
settlement (itself grounded in this same set of international norms) is agreed and
enacted.
We urge the two parties, the facilitators, and the bilateral and multilateral donors
to Sri Lanka to ensure that a set of meaningful and practical mechanisms to protect
human rights are adopted as an integral part of Sri Lankaís peace process and that
these are fully supported and effectively implemented.
In particular, we call for the creation of effective mechanisms for the monitoring
of human rights with a strong international element that is fully independent of
the parties to the conflict and that would have as its mandate the protection of
the full range of internationally recognized human rights and humanitarian law.
We also urge that whatever interim administrative arrangements are agreed on for
the governance of the north and east be in accordance with internationally recognized
human rights principles. Because "interim" arrangements have the power
to help shape long-term political and social developments, we believe that human
rights guarantees must be built into any new administrative structures for the north
and east from the very beginning. Clear and enforceable human rights "benchmarks"
must be made central to the process of monitoring the disbursement of reconstruction
funds. Indeed, unless the management and disbursement of funds and the processes
of reconstruction, rehabilitation, and resettlement are carried out in a way that
guarantees the rights of all the people of the north and east, the credibility of
the entire peace process and its potential to lead to a just and sustainable peace
in Sri Lanka will be irretrievably jeopardized.
In addition, the involvement of civil society at every level of this process is absolutely
critical in order to ensure that the needs and concerns of all those who have suffered
so much due to the long drawn out conflict in the north and east of Sri Lanka are
addressed. The active participation of citizens in government is not only a cornerstone
of democratic practice, it is also the most effective way of ensuring adherence to
principles of accountability and transparency in governance. Equally important is
the respect for pluralism and diversity in all aspects of economic, social and political
life. Opening up diverse spaces throughout the island in which people may freely
exercise their rights of expression and association is essential to moving from the
absence of war to a just and sustainable peace.
Although the Tokyo meeting is formally a donor forum, we firmly believe that the
mere disbursement of funds is not in itself enough to guarantee the basis for a lasting
and just peace. The right to life and right to livelihoods of all persons living
and working in the north and east must be guaranteed, with full respect for their
economic and social rights and on the basis of equality and non-discrimination.
Any interim arrangement that does not make human rights principles and concerns integral
to its functioning will undermine the potential for lasting peace in Sri Lanka.
Finally, we call upon the donors to convene a meeting with civil society following
the Tokyo forum in which they may share the outcomes of the forum and particularly
those in relation to the demands included in this appeal. Such a meeting will be
an important step in establishing an inclusive and transparent process to a just
and sustainable peace in Sri Lanka, one based on the full range of human rights and
humanitarian norms.
Signatories:
Sunila Abeysekera
Sunil Bastian
Sunanda Deshapriya
Rohan Edrisinha
Desmond Fernando
Wimal Fernando
Mario Gomez
Ketheshwaran Loganathan
Manouri Muttetuwegama
Ramani Muttetuwegama
Jehan Perera
Kingsley Rodrigo
Paikiasothy Saravanamuttu
Bernadeen Silva
S. Sivagurunathan
Suriya Wickremasinghe
Joe William
Javid Yusuf
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