Return to War - Human Rights Watch

Return to War - Human Rights Watch Return to War - Human Rights Watch

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“We can’t go back to Mutur, our homes are all destroyed,” one IDP from Mutur said. “We want to go back but the problem is our security. Every day there are killings.” 39 Another IDP who had left his home in Kunjalkalkulam near Vaharai on November 1, 2006, told us, “We want to go home but the problem is if the fighting begins again our security is not sure.” He continued, “Our home is near the jungle. If the government gives us full security [we would go home] but they’re not giving us this. The government is trying to get us to go home but it’s not safe.” 40 After an initial silence, the forced returns prompted an outcry from UNHCR, which along with dozens of nongovernmental organizations (NGOs) has been serving Sri Lanka’s displaced. On March 13, 2007, UNHCR said that “heavy pressure has been applied on internally displaced people,” and cited local authority statements that assistance would be stopped if they stayed in Batticaloa. 41 On March 16 UNCHR said the government had provided renewed assurances that the agency would be involved in any IDP returns. In a statement, UNHCR urged that “all return movements are voluntary, without undue pressure or duress.” 42 Shortly thereafter, the UN distributed leaflets in Sinhala, Tamil, and English on the rights of the displaced. “If you want to go home, it is important that you know it is safe to do so and that you will be able to start your life at home again with dignity,” the pamphlet said. 43 This move sparked some criticism of the UN as ordinary people felt they had no one to complain to when their rights were violated and blamed the UN for printing leaflets and doing little else. 39 Human Rights Watch interview with IDP from Muttur, Valaichchenai, February 26, 2007. 40 Human Rights Watch interview with IDP from Kunjalkalkulam, Almkulam IDP camp, Batticaloa district, February 25, 2007. 41 “More than 40,000 civilians flee latest fighting in eastern Sri Lanka,” UNHCR News Stories, March 13, 2007, http://www.unhcr.org/news/NEWS/45f6bb704.html (accessed July 2, 2007). 42 “Sri Lanka: Government Assures UNHCR Involvement in Future IDP Return,” UNHCR Briefing Note, March 16, 2007, http://www.unhcr.org/news/NEWS/45fa70394.html (accessed May 12, 2007). 43 UN Inter-Agency Standing Committee Country Team, “Returning Home.” For the pamphlet in all three languages, see http://ochaonline2.un.org/Default.aspx?alias=ochaonline2.un.org/srilanka (accessed May 12, 2007). 31 Human Rights Watch August 2007

In mid-May the government began a new round of returns from Batticaloa district to areas previously under the control of the LTTE. 44 According to media reports, officials were set to resettle 4,000 displaced persons back to their homes in Vellaveli. A group of international relief agencies coordinated by the UN complained that the resettlement was risky due to the tenuous security situation in Batticaloa. “Military and civilian authorities have been registering IDPs in the southern divisions of Batticaloa in view of planned resettlement towards the western part of Batticaloa,” the aid agencies said. “However, the resettlement plan has not been presented yet and the humanitarian community fears that the lack of proper planning might put returnees in a situation where safety and dignity are not ensured in the villages.” 45 On May 15, however, UNHCR announced that it had begun helping some 90,000 displaced persons return to western Batticaloa, and that the returns appeared to be voluntary. “Our staff monitoring the situation on the ground say the majority of people are eager to return home, the returns are voluntary and in line with international protection standards,” a UNHCR spokesperson said. She added that “UNHCR will continue to monitor the returns and report directly to the government on any problems regarding the voluntariness and any deviation from the civilian characteristics of the move.” She called on the government to improve access for international aid agencies to western Batticaloa, where displaced persons were returning, so they could provide necessary assistance. 46 Despite UNHCR’s public statements, other reports indicate different conditions. According to humanitarian workers present at the sites, between May 14 and 17 the police and STF maintained a heavy and coercive presence during the returns. According to one humanitarian agency on the ground, STF officers told some displaced persons that they would face “trouble” if they did not return and implied that refusing to return would mark them as connected with the LTTE. At one site the STF told displaced persons that if they refused to go home they would never be allowed to return. Also, extremely poor conditions in the Batticaloa IDP camps are 44 Simon Gardner, “Sri Lanka Clashes Kill 15, War Refugees Resettled,” Reuters, May 14, 2007. 45 “Sri Lanka Begins Resettlement of War-Victims,” Press Trust of India, May 13, 2007. 46 “Sri Lanka: UN Refugee Agency Assists Return of Thousands Who Fled Conflict Zone,” UNHCR Briefing Notes, May 15, 2007, http://www.unhcr.org/news/NEWS/464982332.html (accessed May 15, 2007). Return to War 32

In mid-May the government began a new round of returns from Batticaloa district <strong>to</strong><br />

areas previously under the control of the LTTE. 44 According <strong>to</strong> media reports, officials<br />

were set <strong>to</strong> resettle 4,000 displaced persons back <strong>to</strong> their homes in Vellaveli. A<br />

group of international relief agencies coordinated by the UN complained that the<br />

resettlement was risky due <strong>to</strong> the tenuous security situation in Batticaloa. “Military<br />

and civilian authorities have been registering IDPs in the southern divisions of<br />

Batticaloa in view of planned resettlement <strong>to</strong>wards the western part of Batticaloa,”<br />

the aid agencies said. “However, the resettlement plan has not been presented yet<br />

and the humanitarian community fears that the lack of proper planning might put<br />

returnees in a situation where safety and dignity are not ensured in the villages.” 45<br />

On May 15, however, UNHCR announced that it had begun helping some 90,000<br />

displaced persons return <strong>to</strong> western Batticaloa, and that the returns appeared <strong>to</strong> be<br />

voluntary. “Our staff moni<strong>to</strong>ring the situation on the ground say the majority of<br />

people are eager <strong>to</strong> return home, the returns are voluntary and in line with<br />

international protection standards,” a UNHCR spokesperson said. She added that<br />

“UNHCR will continue <strong>to</strong> moni<strong>to</strong>r the returns and report directly <strong>to</strong> the government on<br />

any problems regarding the voluntariness and any deviation from the civilian<br />

characteristics of the move.” She called on the government <strong>to</strong> improve access for<br />

international aid agencies <strong>to</strong> western Batticaloa, where displaced persons were<br />

returning, so they could provide necessary assistance. 46<br />

Despite UNHCR’s public statements, other reports indicate different conditions.<br />

According <strong>to</strong> humanitarian workers present at the sites, between May 14 and 17 the<br />

police and STF maintained a heavy and coercive presence during the returns.<br />

According <strong>to</strong> one humanitarian agency on the ground, STF officers <strong>to</strong>ld some<br />

displaced persons that they would face “trouble” if they did not return and implied<br />

that refusing <strong>to</strong> return would mark them as connected with the LTTE. At one site the<br />

STF <strong>to</strong>ld displaced persons that if they refused <strong>to</strong> go home they would never be<br />

allowed <strong>to</strong> return. Also, extremely poor conditions in the Batticaloa IDP camps are<br />

44 Simon Gardner, “Sri Lanka Clashes Kill 15, <strong>War</strong> Refugees Resettled,” Reuters, May 14, 2007.<br />

45 “Sri Lanka Begins Resettlement of <strong>War</strong>-Victims,” Press Trust of India, May 13, 2007.<br />

46 “Sri Lanka: UN Refugee Agency Assists <strong>Return</strong> of Thousands Who Fled Conflict Zone,” UNHCR Briefing Notes, May 15, 2007,<br />

http://www.unhcr.org/news/NEWS/464982332.html (accessed May 15, 2007).<br />

<strong>Return</strong> <strong>to</strong> <strong>War</strong> 32

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