Return to War - Human Rights Watch
Return to War - Human Rights Watch Return to War - Human Rights Watch
III. Internal Displacement The fighting since April 2006 has caused large-scale internal displacement in the country’s north and east. In addition to the economic and psychosocial impact, displaced persons in some areas are vulnerable to intimidation, violence, and abductions by paramilitary groups. In some cases the government has forced internally displaced persons (IDPs) to return to their homes against their will and without adequate security or humanitarian assistance. While some displaced persons have moved in with relatives elsewhere in the country, many have gone to displaced persons camps or other places of refuge, where conditions are typically poor. Some of them have been displaced multiple times. According to the United Nations, some 315,000 people have been displaced due to fighting since August 2006. In March 2007 alone 100,000 civilians fled their homes. This is in addition to the 200,000-250,000 people made homeless by the 2004 tsunami and the approximately 315,000 displaced by the conflict prior to 2002. More than 18,000 Sri Lankans are new refugees in India, most of whom entered the country by boat. 17 The Sri Lankan government retains primary responsibility for ensuring the protection and security of displaced persons within the country. The LTTE is responsible for the protection of displaced persons in areas under its control (more than 45,000 displaced persons are in LTTE-controlled Killinochchi district alone 18 ). In addressing the concerns of displaced persons, including those displaced by the 2004 tsunami, the government and the LTTE should act in accordance with the UN Guiding Principles on Internal Displacement. 19 17 UN Inter-Agency Standing Committee briefing, April 12, 2007. 18 United Nations, “Joint UN North East Situation Monitoring Report—March 2007,” March 2007. 19 UN Commission on Human Rights, Guiding Principles on Internal Displacement, UN Doc. E/CN.4/1998/53/Add.2 (1998), noted in Resolution 1998/50, http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/d2e008c61b70263ec125661e0036f36e?Opendocument (accessed May 22, 2007). Detailed recommendations on confidence building and stabilization measures for displaced persons in Sri Lanka can be found in United Nations High Commissioner for Refugees (UNHCR), “Humanitarian Plan of Action: Guidelines on Confidence Building and Stabilization Measures for IDPs in the North and East,” July 21, 2006. 23 Human Rights Watch August 2007
International humanitarian law prohibits parties to a conflict from displacing civilians under their control unless the security of the civilians involved or imperative military reasons so demand. Imperative military reasons cannot be justified by political motives or used to persecute the civilians involved. Whenever displacement occurs, the responsible party must take all possible measures to ensure that the displaced population receives satisfactory conditions of shelter, hygiene, health, safety, and nutrition, and that family members are not separated. All parties must permit humanitarian assistance to reach the displaced population, as they must in respect of all civilians. 20 LTTE prevents civilian flight As fighting raged between the government and LTTE in the districts of Trincomalee and Batticaloa in late 2006, the LTTE at times prevented civilians from fleeing the conflict zones, probably because the presence of civilians made it easier for the LTTE to conceal its members and hindered the government from an all-out attack. The civilian population also remains a source of ongoing LTTE recruits, both voluntary and forced. In December the Sri Lanka Monitoring Mission accused the LTTE of preventing civilians from leaving the Vaharai area. “The LTTE has failed to protect civilians in Vakarai [Vaharai] by restricting their movements,” a statement from the SLMM said. 21 Three displaced persons told Human Rights Watch how LTTE fighters had blocked their path as they tried to leave Vaharai for government-controlled territory in November. 22 LTTE forces stopped civilians from crossing the Pannichchankeni bridge south of Vaharai, forcing hundreds to take arduous jungle routes. Groups including children and the elderly arrived in government-controlled territory with wounds on their legs and feet from the multi-day treks. 23 20 See International Committee of the Red Cross (ICRC), Customary International Humanitarian Law (Cambridge, UK: Cambridge University Press, 2005), rule 129, citing Protocol II, art. 17(1). 21 Sri Lanka Monitoring Mission, “Urgent Concerns over Alarming Situation in Vakarai Area,” December 12, 2006, http://www.slmm.lk/press_releases/SLMM%20STATEMENT%20VAHARAI%20121206.pdf (accessed May 14, 2007). 22 Human Rights Watch interview with displaced persons in camps around Batticaloa district, February 25, 2007. 23 Human Rights Watch interviews with displaced persons in camps near Valaichchenai, February 26, 2007. Return to War 24
- Page 1 and 2: Sri Lanka Return to War Human Right
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III. Internal Displacement<br />
The fighting since April 2006 has caused large-scale internal displacement in the<br />
country’s north and east. In addition <strong>to</strong> the economic and psychosocial impact,<br />
displaced persons in some areas are vulnerable <strong>to</strong> intimidation, violence, and<br />
abductions by paramilitary groups. In some cases the government has forced<br />
internally displaced persons (IDPs) <strong>to</strong> return <strong>to</strong> their homes against their will and<br />
without adequate security or humanitarian assistance. While some displaced<br />
persons have moved in with relatives elsewhere in the country, many have gone <strong>to</strong><br />
displaced persons camps or other places of refuge, where conditions are typically<br />
poor. Some of them have been displaced multiple times.<br />
According <strong>to</strong> the United Nations, some 315,000 people have been displaced due <strong>to</strong><br />
fighting since August 2006. In March 2007 alone 100,000 civilians fled their homes.<br />
This is in addition <strong>to</strong> the 200,000-250,000 people made homeless by the 2004<br />
tsunami and the approximately 315,000 displaced by the conflict prior <strong>to</strong> 2002. More<br />
than 18,000 Sri Lankans are new refugees in India, most of whom entered the<br />
country by boat. 17<br />
The Sri Lankan government retains primary responsibility for ensuring the protection<br />
and security of displaced persons within the country. The LTTE is responsible for the<br />
protection of displaced persons in areas under its control (more than 45,000<br />
displaced persons are in LTTE-controlled Killinochchi district alone 18 ). In addressing<br />
the concerns of displaced persons, including those displaced by the 2004 tsunami,<br />
the government and the LTTE should act in accordance with the UN Guiding<br />
Principles on Internal Displacement. 19<br />
17 UN Inter-Agency Standing Committee briefing, April 12, 2007.<br />
18 United Nations, “Joint UN North East Situation Moni<strong>to</strong>ring Report—March 2007,” March 2007.<br />
19 UN Commission on <strong>Human</strong> <strong>Rights</strong>, Guiding Principles on Internal Displacement, UN Doc. E/CN.4/1998/53/Add.2 (1998),<br />
noted in Resolution 1998/50,<br />
http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/d2e008c61b70263ec125661e0036f36e?Opendocument (accessed May 22,<br />
2007). Detailed recommendations on confidence building and stabilization measures for displaced persons in Sri Lanka can<br />
be found in United Nations High Commissioner for Refugees (UNHCR), “<strong>Human</strong>itarian Plan of Action: Guidelines on Confidence<br />
Building and Stabilization Measures for IDPs in the North and East,” July 21, 2006.<br />
23<br />
<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> August 2007
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