Conclusions and recommendations of the Sri

Lanka report by Chaloka Beyani, the UN SP on

the human rights of IDPs
IDPs in Sri Lanka ( file
photo/UN)
Wednesday, June 11, 2014
Summary -
The Special Rapporteur on the human rights of internally displaced persons, Chaloka
eyani, conducted an official mission to the !emocratic Socialist Repu"lic of Sri #anka
$hereafter Sri #anka% from 2 to & !ecem"er 201', at the in(itation of the )o(ernment
and pursuant to his mandate contained in resolution 2'*+ of the ,uman Rights
Council- The o".ecti(e of the mission /as to engage in a dialogue /ith the
)o(ernment /ith a (ie/ to promoting dura"le solutions for the significant num"er of
internally displaced persons $0!1s% /ho ha(e "een in need of such solutions since the
end of the conflict in Sri #anka in 2002-
3ccordingly, the Special Rapporteur4s assessment identifies key modalities and
conditions necessary to ena"le the implementation of dura"le solutions for 0!1s in Sri
#anka in the conte5t of de(elopment and reconstruction-
3lthough there ha(e "een impressi(e ad(ances in re"uilding infrastructure destroyed
during the conflict, there needs to "e a linkage "et/een re"uilding such infrastructure
and the li(elihoods of the significant num"er of 0!1s- They are still li(ing in protracted
displacement, and many others ha(e returned to, or ha(e "een relocated /ithin, the
6orthern and 7astern 1ro(inces and are still li(ing in (ery precarious conditions-
Concerted efforts are re8uired to ensure that post9conflict reconstruction addresses
dura"le solutions on a comprehensi(e "asis for all 0!1s, as /ell as those /ho ha(e
"een relocated and those /ho ha(e returned to their areas of origin-
Read the full report here
V. Conclusions and recommendations
:4- The Special Rapporteur4s (isit to Sri #anka took place o(er four and a half years
after the end of the armed conflict "et/een the )o(ernment and the #TT7- Since the
end of the armed conflict, the )o(ernment has made significant progress, together
/ith national and international partners, to facilitate the return or relocation of some
;&0,000 0!1s- 0t is important to ensure that the tens of thousands for /hom dura"le
solutions ha(e not yet "een found do not stay in lim"o "ut find solutions to their plight-
The Special Rapporteur "elie(es that significant efforts are re8uired "y the
)o(ernment to find dura"le solutions, ensuring a (oluntary and informed process, and
in(ites "oth humanitarian and de(elopment partners to /ork together /ith national and
local authorities to ensure that the li(elihoods of 0!1s, relocated persons and
returnees are restored- The Special Rapporteur encourages the )o(ernment to in(ite
international partners to assist in promoting the protection of 0!1s and others in
search of dura"le solutions- The Special Rapporteur also /ishes to emphasi<e the
need for reconciliation, .ustice, healing and in particular, the need to "ring the
perpetrators of (iolations of international human rights la/ and international
humanitarian la/ to .ustice in order to ensure accounta"ility for /rongs committed to
0!1s during and after displacement-
::- 0n the spirit of cooperation e5tended to him during his (isit, the Special Rapporteur
looks for/ard to continuing dialogue /ith the )o(ernment of Sri #anka and offers the
follo/ing conclusions and recommendations-
:&- Concerning an effecti(e national response, the Special Rapporteur recommends
that the )o(ernment=
0mplement the recommendations of the ##RC, particularly chapter : on
human rights generally and /ith regard to 0!1s, and chapter & on land
issues, return and resettlement>
0mplement the 6ational 3ction 1lan for the 1romotion and 1rotection of
,uman Rights, particularly the goal of de(eloping a "road9"ased national
policy on internal displacement /hich takes into account all forms of
displacement, conflict, natural disasters and economic de(elopment,
dra/ing on the )uiding 1rinciples on 0nternal !isplacement and the 03SC
?rame/ork on !ura"le Solutions for 0nternally !isplaced 1ersons>
0n colla"oration /ith international partners, significantly re(ise the current
draft ?rame/ork for Resettlement 1olicy to make it a comprehensi(e policy
on internal displacement, including on dura"le solutions, in line /ith the
recommendations of the ##RC, the 6ational 3ction 1lan for the 1romotion
and 1rotection of ,uman Rights, the comprehensi(e 200+ draft 0!1 "ill, the
)uiding 1rinciples on 0nternal !isplacement and the 03SC ?rame/ork on
!ura"le Solutions for 0nternally !isplaced 1ersons, /ith clear "enchmarks
for dura"le solutions to ensure a transparent process and reinforce
credi"ility>
@ndertake a comprehensi(e needs assessment of all areas that ha(e
historically hosted 0!1s, that is, the 6orthern, 7astern, 6orth9Western and
6orth9Central 1ro(inces, and consider the needs of communities hosting
0!1s, in partnership /ith local ci(il society organi<ations and international
partners>
)i(en that the conflict has ended, reassess the role of the military in
maintaining national security, in compliance /ith international human rights
la/, and "alance it /ith the right of 0!1s to en.oy freedom of mo(ement and
choice of residence- "ased on necessity, as prescri"ed "y la/ in the pursuit
of national security as a legitimate aim, and proportionality or reasona"le
measures to ensure freedom of mo(ement and choice of residence "y 0!1s>
1ro(ide 0!1s /ith transparent information on the plans for the phased
/ithdra/al of the military from certain areas, and pro(ide ade8uate
compensation and resettlement to those /ho may not return to their original
lands>
Resol(e issues relating to land property "y legislati(e measures /ith
regard to competing claims o(er title, o/nership, use and occupation>
1rotect single /omen headed households, and protect /omen in the north
against se5ual (iolence and enforced prostitution>
7nsure that 0!1s are not su".ect to attacks, harassment, intimidation,
persecution or any other form of puniti(e action upon return to their home
communities or settlement else/here in the country, and ensure that they
can en.oy their freedom of mo(ement>
7nsure that 0!1s, returnees and relocated persons en.oy e8ual and non9
discriminatory access to education, health ser(ices, li(elihoods, land,
property rights and e8uality "efore the la/>
7sta"lish modalities ena"ling 0!1s, returnees and relocated persons to
access their land in the former ,igh Security Aones and to "e pro(ided /ith
ade8uate information on their prospects of regaining access to their land so
that they can assess their options and make informed choices>
7nsure that the commission appointed to in(estigate reports of missing
persons complies /ith recogni<ed international standards, /orks in
consultation /ith the families of missing persons, e5tends its co(erage to
including missing persons*disappearances since Bay 2002, and makes its
finding and recommendations pu"lic>
0n(ite the Working )roup on 7nforced or 0n(oluntary !isappearances to
Sri #anka pursuant to principles 1& and 1; of the )uiding 1rinciples on
0nternal !isplacement>
7nsure that all human rights (iolations of a criminal nature committed
against 0!1s, returnees and relocated persons are su".ect to criminal
in(estigation and that the alleged perpetrators are "rought to .ustice>
7na"le proper /orking conditions /ithout intimidation for 6)Cs and ci(il
society organi<ations /orking /ith 0!1s and returnees in the north and the
east>
3ddress impunity of security personnel in relation to offences against
ci(ilians-
:;- The Special Rapporteur recommends that, /ith the support of international donors,
international humanitarian and de(elopment actors=
Support the Joint 6eeds 3ssessment and ena"le the )o(ernment to carry
out a comprehensi(e profiling e5ercise of the num"ers of 0!1s, relocated
persons and returnees, as /ell as a sur(ey of intention of 0!1s and their
needs linked to li(elihoods, housing, land and property>
7nsure that de(elopment plans include programmes for dura"le solutions
"ased on the specific needs of 0!1s, relocated persons and returnees, using
a rights9"ased approach and ensuring the participation of 0!1s in decision9
making, and also include 0!1s in their general po(erty alle(iation and other
rele(ant programmes and the monitoring thereof-