Fundamental Rights of War-displaced Tamil Civilians
Last week Centre for Policy Alternatives (CPA) filed a fundamental rights case, citing President Mahinda Rajapaksa, Defence Secretary Gotabaya Rajapaksa and Competent Authority for Northern Province G.A. Chandrasiri as respondents.
Excerpt from the article from The Hindu (14th June 09): The petition said the IDPs had begun arriving in government-controlled areas in March 2009. “These IDPs are housed in camps encircled by barbed wire and the displaced persons are not permitted to leave the camps without approval from military officials,” the petition said.
It stated even U.N. and ICRC officials were not allowed into these camps without the permission of the military. The application said the Vavuniya Magistrate had recorded the death of 30 senior citizens due to starvation and malnutrition.
The application said at present there were 3,100 public servants, 6,700 persons over the age of sixty, 780 pregnant women and disabled persons among the IDPs.
The petition argued that continued restriction of the IDPs in camps was in violation of their fundamental rights to equality and freedom of movement and prayed for an interim order ensuring that all the IDPs in the camps were entitled to free movement.
Click to read the full article
Dr Pakiasothy Saravanamuthu
I would really like to know why CPA did this now? Where were they when the 300,000 people were held captive by the LTTE? Did they go to the international community when the LTTE closed the Mavil Aru anicut (Water gate) which deprived 15,000 villages of drinking water (which was the start of the LTTE defeat).
When Sri Lanka should stand as one to mend 30 years of war and stand up together to the west some forces within the country is helping the LTTE cause. Dr. Saravanamuthu failed to mention in his petition about the humanitarian aid that has been sent to the IDPs from every person in the south.
I personally know that most 5 star hotels in Sri Lanka sent food to the IDPs the moment the war ended in Air Force Helicopters heading a Government request. To-date there are many organisations, schools and individuals who are collecting rations and clothing and sending it to the IDPs.
This is the time the country is uniting to help the unfortunate civilians who were forced to stand as human shields, who were forced to fight for the LTTE and who were shot at whilst trying to escape. Is it responsible for the CPA to carry out this campaign against Sri Lanka? Or is this a way for the CPA to get publicity by any means which will help in raising funds for their survival?
As per the CPA website the following organisations fund them -
* Academy for Education Development (AED)
* ARD-USAID
IDP Camp Sri Lanka
* Canadian International Development Agency (CIDA)
* Diakonia
* European Union
* Forum of Federations
* GTZ
* International Budget Project
* International Media Support
* National Democratic Institute (NDI)
* NORAD
* OXFAM GB
* Save the Children in Sri Lanka
* Swiss Mission in Sri Lanka
* The Asia Foundation (TAF)
* The Berghof Foundation for Conflict Studies in Sri Lanka
* The Friedrich-Naumann-Stiftung für die Freiheit
* The International Social Survey Programme (ISSP)
* UNDP
* UNHCR
* USAID
Funnily these organisations belong to some of the countries involved in discrediting the Government of Sri Lanka and also tried their best to stop the LTTE defeat. I think the CPA should cite the Late Velupillai Prabhakaran, the LTTE leadership and the Sri Lanka Diaspora who support the LTTE as the people responsible!
Click to View a copy of the petition
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Democracy is okay… but why allow such individuals and organisations to put the sovereignty & security of Sri Lanka at risk? Who gives them the right to risk the violation of the fundamental rights of over 19 million people, just cause they think they know what policy is good for Sri Lanka? These organisations should be banned!
These people live off the crumbs that fall from the western world and need to bow down to them for survival. The last thing they think of is the suffering of the common man. These loud mouths should go to some IDP camps and speak with the people to understand how grateful they are to the security forces for saving them.
Isn’t the Petition merely questioning the legality of interning IDPs without valid detention orders being served on them?
Have you read the Petition?
TYFR
I think it’s good that such petitions are made, because the GoSL needs to be accountable and honest, and with no real political opposition, it seems able to do as it pleases. Remember it was a CPA petition that prevented the GoSL from throwing the Pettah Tamils out of Colombo last year.
You ask why the CPA didn’t petition against the LTTE’s closure of Mavilaru and other acts. Can you tell me which court had any control over the LTTE? Where exactly should the CPA have filed a petition against an LTTE act? This petition on behalf of the IDPs has been filed in a Colombo court. That’s the right of everybody in a democracy. This IS a democracy, answerable to the law and the people. We are not terrorists. So you shouldn’t expect to behave like terrorists.
Agreed Archangel, however you know how the west is using anything they have to discredit the country. As you know CPA is a well respected organisation and when they do such a thing it can be used against Sri Lanka. My personal view is to be careful of the way we act as this is a very crucial time for the country. Everyone should unite to take it to the next level. You can now read a copy of the petition which is hosted under this article.
I would really like to know why CPA did this now? Where were they when the 300,000 people were held captive by the LTTE? Did they go to the international community when the LTTE closed the Mavil Aru anicut (Water gate) which deprived 15,000 villages of drinking water (which was the start of the LTTE defeat
are you saying GoSL is no better than LTTE?
GoSL always says we are democratic and legitimate, LTTE is terrorist.
If GoSL wants to claim to be legitimate they must act like one.
I am agree with your comments David/ Anon that proper checks have to be there to ensure GoSL is accountable for the actions. No one should have the right to act without accountability. Don’t you think the west gave a one sided view of the final battles by asking the GoSL to cease fire and go for talks? Why didn’t these local voices try to put pressure on the west to stop empathizing with the LTTE? We all know that the LTTE couldn’t be taken to courts but do you think these forces tried as hard to change the international view of the LTTE?
Whatever the CPA’s acts of omission were at the time, you need to look at things in a realistic context. Would you colour the GoSL’s current actions with actions committed in the ’80s? Obviously not. The IDPs have every right to legal representation and constitutional law, just as every other SL citizen does. These camps are not vacuums where the law doesn’t apply.
Looking at outfits like the CPA as the enemy is absurd. They are tools to be used, like a mountain climber uses hand- and footholds. Sometimes they are treacherous and crumble, sometimes they must be avoided. But sometimes they are useful to get ahead. That’s all.
Thanks for a copy of the Petition.
It only seems to call into question the legality of the internment of these IDPs. I don’t think anyone will be able to challenge the internment if Detention Orders under the ER are issued on those interned. It’s just a question of the Rule of Law, isn’t it?
There is a framework in place under which persons suspected of terrorist activities may be kept in preventive detention. So the question is, under what law are these IDPs being held? I’m just curious.
Also, isn’t the FR jurisdiction of the Supreme Court limited to acts by the State?
TYFR
“Dr Pakiasothy Saravanamuthu!?!” who da hell is this joker? how much is he being paid and by whom? It’s his motives which are in question if not the petition itself.
I’m very glad that the CPA has filed this case. We are keeping a quarter million of our citizens, including pregnant women and the elderly, in a physical and legal limbo. There may be some good arguments for doing so, but I haven’t heard any yet. Perhaps we’ll hear some now.
This is quite distinct from the calls for an international war crimes investigation from various Western players. I oppose this, not just for the sheer arrogance and hypocrisy involved, but because it would be profoundly destabilizing at this time. It would do no good for anyone.
On the other hand, the CPA case might potentially lead to an expeditious release of these citizens so that they may lead free and productive lives, rather than remaining involuntary wards of the state and various foreign organizations. It may even prompt an early return to constitutional governance. If so, then we all benefit. Here’s hoping.
The war has been won. Now it’s time to rebuild – not just buildings and railways, but our democracy, civil liberties and the rule of law. Only these things can secure the unity and integrity of our country for the long term.
Did any of u read Michael Roberts’ article “some pillars for Lanka” it appeared in frontline or “the eelam virus” by Sebastian Rasalingam? Freedom is a nice concept and finally many Tamils have been freed. However. terrorists don’t walk about with a sign board, thus after a hard fought battle the GoSL is taking an abundance of caution. The IDP’s are 100 times better off than when held hostage by the LTTE. The raison d’etre of the CPA is to have a burning issue or they don’t earn their keep. Besides it would be nice to let the people go back to their homes, the money i raise to send stuff there can be used for other humanitarian purposes. The National issues are prompted by poverty and a lack of opportunity if people have decent occupations and relative peace idealogical and ethnic issues go down the list of priorities. Too bad till GoSL weeds out the killers they have close to a 1/4 of a million guests “real politik”. At least legal remedy is available now to Tamils, under Prabha what recourse did they have?
I just wish we were all Lankans not black lankan or white lankan with apologies to the pun on black (afro) americans. Screw aspirations evn Southern people have those but let freedom ring.
Thanks Ranil. I have posted the article “some pillars for Lanka” for easy reference.