Ensure justice and uphold the rights of the war affected individuals – N&E Tamils write to AKD on HR day

To His Excellency the President,

“To ensure justice and uphold the rights of the affected individuals by halting any actions that undermine their rights!”

Under your leadership, for the first time in history, a government formed by the National People’s Power (NPP) or Jathika Jana Balawegaya (JJB) has secured an overwhelming majority. We firmly believe that your government possesses the authority to deliver lasting solutions to the various challenges and issues we face today.

Therefore, we respectfully request that you give careful consideration to the following demands and take swift action to address them. In doing so, we hope to foster unity among the affected communities of Sri Lanka, reinforcing the true spirit of being Sri Lankans.

On the occasion of International Human Rights Day, Tamil, Sinhala, and Muslim communities from the districts of Trincomalee, Batticaloa, and Ampara— including women-led households, relatives of the disappeared, families of victims of extrajudicial killings, farmers, fishermen, women, and civil society activists, all of whom have been and continue to be affected in various ways—are gathering today, 11th December 2024, at the Kulakkottan Hall in Trincomalee to present our unified demands to you.

Particularly, Tamil-speaking people have lived in the Northern and Eastern provinces of Sri Lanka for centuries, preserving a unique cultural identity rooted in history. In this region, Tamil-speaking Muslims also reside alongside the Tamil majority.

Due to the systemic political, linguistic, economic, and social oppression and violence perpetrated by successive Sinhala-majority governments against Tamil people, it is essential that a solution be provided within the integrated Northern and Eastern Province, under the provincial system. Tamil as a language of administration must be protected and upheld through constitutional provisions, as assured by the 13th Amendment. However, in 2006, the integrated Northern and Eastern provinces were separated into distinct regions for the North and East.

The 13th Amendment to the Constitution, formulated through the India-Sri Lanka Accord of 1987, marks its 37th anniversary this year. Over this period:

• The Tamil, Muslim, and Sinhala populations in Sri Lanka have endured widespread violence, with war crimes specifically targeting Tamil-speaking individuals.
• People have faced ongoing forced displacement and years of refugee life.
• The war has resulted in the destruction of entire livelihoods, homes, and properties.
• Thousands were arrested and subjected to torture under the Prevention of Terrorism Act (PTA).
• Thousands have been forcibly disappeared.
• Militarization has increased, accompanied by systematic land grabs and the expansion of Sinhala settlements. Due to human rights violations, Tamil, Muslim, and Sinhala human rights activists and victims continue to face significant threats.
• We, the affected communities, have been fighting for justice and a political solution for many years. However, the Sri Lankan government has failed to provide justice or a political settlement and has remained silent on grievances.

We wish to highlight that despite facing numerous losses, there have been no progressive actions taken by past governments in Sri Lanka to address these issues. This lack of action persists even today.

As those affected, we assert that we must continue to push for justice both nationally and internationally, and particularly for the Tamil-speaking people in the Northern and Eastern provinces, who have endured 76 years of political oppression. We stress the urgent need for a political solution rooted in equality and rights, one that would end this oppression and enable all citizens to live with dignity and basic rights.

Furthermore, violence against women in Sri Lanka is on the rise, and discrimination against women continues to this day. The lack of effective legal provisions for women who suffer abuse means that perpetrators often go unpunished.

Additionally, despite Sri Lanka ratifying the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), no laws have been enacted based on the principle of gender equality. This continues to enable those who perpetrate violence against women to act with impunity.

Moreover, illegal fishing practices continue in the Eastern province, resulting in the depletion of local fish resources. Fishermen from outside the region also encroach on coastal waters, further jeopardizing the livelihoods of local fishermen.

Due to inadequate water management, we are facing increased flooding during the monsoon and higher temperatures in the summer, which severely impact agriculture. Farmers who take out loans to cultivate crops are left without proper relief when natural disasters occur.

Farmers do not receive fixed prices for their harvests during the harvest season. With high production costs and low income from their yields, the farming community continues to suffer.

His Excellency the President!

For the first time in Sri Lankan history, the National People’s Power (NPP) or Jathika Jana Balawegaya (JJB) government has been formed under your leadership with an overwhelming majority. We believe your government has the authority to address all the challenges we face. Therefore, we humbly request that you give due consideration to the following demands and take action to foster unity among the affected people of Sri Lanka, in the true spirit of being Sri Lankans.

Our Demands:

1. Immediate cessation of all forms of land encroachment in the Northern and Eastern provinces, with a call to return occupied lands to their rightful owners.
2. Prompt action to ensure truth, justice, and accountability for those who have been forcibly disappeared, and to bring closure to their families.
3. Justice for the killings and mass murders that occurred in the Northern and Eastern regions. We call for an independent investigation and for perpetrators to be held accountable.
4. Repeal of the Prevention of Terrorism Act (PTA), which has been used to unjustly detain and harass individuals for decades.
5. Immediate release of all political prisoners and detainees currently held under the PTA.
6. In the new political structure, meaningful inclusion of the voices and concerns of the minority communities in the North and East through democratic and constitutional reforms that ensure their representation and equal rights.
7. Establishment of a federal power-sharing system within a united Sri Lanka, ensuring the permanent amalgamation of the Northern and Eastern provinces and safeguarding the collective rights of the people in these regions.
8. Healthcare, medical, mental health, and economic rehabilitation for those who have lost limbs or suffered disabilities due to the war, particularly in the Northern and Eastern provinces.
9. Immediate measures to protect freedom of religion and worship, ensuring that all citizens can practice their faith without fear of persecution or discrimination.
10. We urge urgent steps to promote reconciliation and strengthen inter-ethnic relations in the Eastern Province. We firmly believe that lasting peace will emerge only in an environment of mutual understanding and cooperation.
11. Expansion of laws to combat violence against women in Sri Lanka, and immediate amendments to existing laws to ensure better protection and justice for women. Implementation of new legal provisions to fully comply with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and to eliminate gender-based violence and discrimination.
12. Protection and relief mechanisms for farmers and fishermen affected by natural disasters, with prompt and adequate assistance to those in need.
13. Immediate cessation of illegal fishing practices in the Eastern province, along with measures to prevent violations by external fishermen encroaching on local waters.
14. We request that the Sri Lankan government give greater attention to human rights issues as outlined in the United Nations Human Rights Council’s resolutions, particularly regarding the protection of fundamental rights as stated in Chapter 3 of Sri Lanka’s constitution. We call for stronger enforcement to ensure that all citizens enjoy their fundamental rights equally.

We stand firm in our hope that these demands will be met with decisive action, bringing relief and justice to the affected communities. We believe that only through such action can Sri Lanka build a more just and inclusive society for all its citizens.

Sincerely,

Sectoral Civil Networks, Affected Communities & Human Rights Activists

Trincomalee, Batticaloa and Ampara Districts

Eastern Province of Sri Lanka

11^th December 2024.