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TITLE: SRI LANKA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
SRI LANKA
Sri Lanka's constitutional, multiparty form of government
features a strong executive presidency and a unicameral
legislature elected by universal adult suffrage. In May
President Dingiri Banda Wijetunga was chosen by Parliament to
succeed assassinated President Ranasinghe Premadasa. The
President's United National Party (UNP) holds a majority of the
seats in Parliament. The violent ethnic conflict waged for
over 10 years between the Government and the Liberation Tigers
of Tamil Eelam (LTTE), an organization fighting for a separate
state for the country's Tamil minority, continued in 1993. An
LTTE suicide bomber assassinated President Premadasa and 23
others at a public rally on May 1.
The 50,000-member police force, which includes 3,000 commandos
of the Police Special Task Force (STF), is responsible for
internal security in most areas of the country. Army manpower
has increased steadily over the past 2 years. The 80,000-man
army has the primary responsibility for conducting the war
against the LTTE. The 8,000 to 10,000 paramilitary home guards
provide security against LTTE attacks for Muslim and Sinhalese
communities living in or near the war zone. The Government
arms and equips up to 1,000 members of various anti-LTTE Tamil
militias. These forces man checkpoints, provide intelligence,
act as scouts, and sometimes engage in military operations
alongside the army. All security elements fighting in the war
committed human rights violations in 1993.
Sri Lanka's mixed economy depends heavily on exports of tea,
textiles, and rubber. Despite a continuing fiscal drain caused
by large military outlays (amounting to about 5 percent of
gross domestic product), the economy grew by 4.5 percent in
1992. This was partly due to continued economic reform,
including the removal of most price controls and subsidies, the
lowering of tariffs, and a reduction in the size of the
government bureaucracy.
Although the Government took further steps to institutionalize
the protection of human rights in 1993, the pace slowed in the
second half of the year, and its forces continued to commit
serious abuses which went unpunished. More than 80 persons
disappeared or died after being taken into custody by security
forces, and government forces killed at least 250 civilians
during military actions.
The Prevention of Terrorism Act (PTA) and the Emergency
Regulations (ER), which give security forces wide powers such
as preventive and incommunicado detention, remained in effect.
The ER were revised to afford some safeguards for detainees and
to ease some, but by no means all, of the restrictions on
freedoms of speech, press, assembly, and association. Many Sri
Lankans were detained without trial in 1993, though the number
continued to decline. Torture and mistreatment of detainees
were routinely practiced by both government forces and the
LTTE. Despite credible evidence implicating security force
members in human rights abuses, no member of the security force
was tried or convicted for human rights violations in 1993,
thus encouraging these forces to believe they are immune from
prosecution.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom From:
a. Political and Other Extrajudicial Killing
The Government's security forces, the LTTE, and other militant
groups continued to engage in political killings. The total
number of such killings declined significantly, and most
noncombatant deaths were the result of indiscriminate use of
force rather than deliberate targeting of specific individuals
(see Section 1.g.). Nevertheless, all sides to the conflict
were responsible for scattered cases of extrajudicial execution.
For the first time in 3 years, there were no reports of
Sinhalese or Muslim civilians being massacred by the LTTE, nor
were there any reprisal massacres directed against Tamil
civilians by the security forces. For the second year, there
were no reports of the vigilante-style killings that plagued
the country prior to 1992.
In January army soldiers operating in conjunction with
irregulars from the Tamil Eelam Liberation Organization (TELO),
an anti-LTTE militia allied with the Government, reportedly
killed and beheaded two unarmed persons, suspected of being
LTTE members, in the eastern village of Kaluwankerny. That
same month, 9 civilians were reported to have been summarily
executed by the army in the course of a military operation near
Kanchurankudah, also in the east. In July the local press
reported that the army had shot dead the chairman of a local
citizen's committee in the eastern district of Batticaloa. At
least 10 persons died of apparently violent causes while in the
custody of the security forces, most as a result of
mistreatment during interrogation. For example, in July a man
arrested in the southern district of Galle died of injuries
sustained while in police custody. A similar incident occurred
in nearby Hambantota District in April. In mid-October the
body of a young Tamil was discovered in a coastal town 20 miles
north of Colombo. He was believed to be 1 of many young Tamils
who had been rounded up in Colombo.
There were two high level political assassination believed to
have been carried out by the LTTE. On May 1, an LTTE suicide
bomber assassinated President Premadasa. A few weeks earlier
opposition leader Lalith Athulathmudali was assassinated. The
Government presented evidence suggesting that the LTTE was
responsible.
The LTTE is thought to have executed a number of its opponents,
as well as Tamil civilians accused of helping the security
forces. In January the LTTE publicly executed two alleged
traitors and in February executed three civilians in
Mullaittivu District for allegedly passing information to the
security forces. In December the LTTE announced that it had
executed nine more "traitors" in Jaffna.
Action to bring to trial security force members accused of
extrajudicial killings remained stalled despite repeated
pledges by the Government to punish those responsible for such
deaths. The trial, which began in October, of 23 soldiers
accused of massacring 35 Tamil civilians in the village of
Mailanthani in 1992 was moved from the majority Tamil town of
Batticaloa to the majority Sinhalese town of Polonnaruwa.
Tamil members of Parliament accused the Government of changing
the venue to make it more difficult for witnesses--all
Tamil--to testify. Court hearings were held in October and
December at which witnesses identified a number of soldiers
responsible for the attack. Hearings are set to continue in
1994.
b. Disappearance
At least 12,000 people have disappeared in Sri Lanka since
1983, most in the period 1987-91. Reports of new
disappearances continued to decline in 1993, from 200 in 1992
to roughly 70 in the first 9 months of 1993. The vast majority
of these disappearances took place in the war zones of the
north and east and most were attributable to government
forces. For example, on February 17, 15 Tamils were reportedly
detained by the army's Independent Brigade in the Batticaloa
district. None has been seen since. At the instigation of the
Batticaloa Peace Committee, the army is said to have begun an
investigation, but no progress has been reported. Three Tamil
men were arrested by the security forces in Mannar district on
July 4; witnesses saw the men in custody shortly after their
arrest, but they have since disappeared.
The Peoples Liberation Organization of Tamil Eelam (PLOTE), an
anti-LTTE Tamil militia allied with the Government, is believed
to be responsible for the disappearance of several persons in
the northern district of Vavuniya. They were detained
following an LTTE attack on a security checkpoint manned by the
PLOTE and subsequently disappeared.
There were also credible reports of disappearances in
Polonnaruwa District, in the North-Central Province. Witnesses
report that local police were responsible for up to 15
disappearances.
Observers in the northeast reported that the LTTE was
responsible for a number of disappearances, but it was
impossible to determine how many. In addition, hundreds of
policemen captured by the LTTE in 1990 remain unaccounted for,
and the LTTE has refused all requests for information
concerning their fate.
The Government's decision in 1989 to give the International
Committee of the Red Cross (ICRC) unhindered access to
detention centers, police stations, and army camps has played
an important role in reducing the number of disappearances
attributable to the security forces, as has the work of the
Human Rights Task Force (HRTF), a quasi-independent government
body set up to register detainees held under the ER and the PTA
and monitor their welfare. However, HRTF field offices outside
of Colombo are hindered by a dearth of resources and their lack
of assertiveness in dealing with security forces, which
sometimes fail to comply fully with the Government's
instructions. Recent changes in the ER--mandating the issuance
of receipts to families of detainees and notification to the
HRTF of all arrests--have been largely observed in the breach.
Full implementation of this reform would further reduce the
number of disappearances.
In the case of 32 high school-aged boys who disappeared from
the southern town of Embilipitiya in 1989, the HRTF identified
10 soldiers implicated in the disappearances, but the
Government has taken no action. In its 1993 report, the HRTF
named 4 army officers allegedly responsible for the
disappearance of 158 people from a refugee camp at the Eastern
University in Batticaloa district in 1990. "This incident,"
said the chairman of the HRTF (a retired Supreme Court
Justice), "is a dastardly crime which cries aloud for proper
investigation." Despite this statement, the Government has
taken no action against the four officers.
The Presidential Commission appointed to look into allegations
of abductions and disappearances occurring after January 1991
has proven inadequate to the task. It has completed work on
only 38 cases of the 873 that fall within its mandate. Of
these, the President has referred two to the Attorney General
for prosecution. None has come to trial. In mid-1993, the
mandate of the Commission was changed in an attempt to speed
the process by which disappearances are investigated. Under
the new mandate, the Commission will determine only whether a
complaint of abduction or disappearance is credible, after
which the case will be sent to the President for a decision
whether to refer the case for investigation and prosecution.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and mistreatment of detainees, particularly during
interrogation, was common during 1993. Reports of torture
included near drownings, placing of insecticide or
gasoline-filled bags over the head, and beating the soles of
detainees' feet with metal rods. Suspected criminals as well
as those detained under the ER are routinely beaten during the
initial phase of their detention. Severe beatings, sometimes
resulting in broken bones or other serious injuries, were
reported by many detainees.
Although government officials privately acknowledge that
torture is common, the Government has done little to address
the problem. Most members of the security forces regard
torture as routine and acceptable. The ER allow the use in
court of confessions made to police officers and place the
burden of proof on the defendant to show that the confession
was obtained under duress, thereby encouraging the security
forces' tendency to use torture to extract confessions.
In several cases, people who claimed to have been tortured
filed cases in the Supreme Court alleging that their rights had
been violated. In one well-publicized case dating from 1990, a
man whose teeth had been extracted with pliers during
interrogation was awarded nearly $600 in compensation by the
court. The officer responsible was fined an additional $100
but not otherwise disciplined. Lesser amounts of compensation
were awarded in several other cases in which detainees had been
tortured or severely beaten. All cases in which compensation
was awarded are from previous years since it invariably takes
more than a year to move a case through the courts. According
to reliable sources, there have been a handful of reported
rapes while in detention; several cases are being investigated,
and in one case a police officer has been arrested.
d. Arbitrary Arrest, Detention, or Exile
Under ordinary law, authorities must inform an arrested person
of the reason for his arrest and within 24 hours bring him
before a magistrate, who may authorize bail or, for serious
crimes, order continued detention. Persons detained under
ordinary law are generally brought before a magistrate within a
few days of arrest. A suspect may be detained without bail for
up to 3 months, or longer if a court so rules.
In practice the PTA, adopted in 1979, and the ER, which have
been renewed monthly by Parliament since the emergency was
declared in 1983, provide exceptions, which have been widely
used, to ordinary law on detention . Both the PTA and the ER
permit preventive and incommunicado detention. A person held
under the PTA may be detained without charge for up to 18
months, though there have been cases in which persons have been
held longer. Most detainees are now held under the ER rather
than the PTA. The number of people held under the ER and the
PTA declined sharply in 1993, as many of those held for
suspected involvement with the Janatha Vimukhti Peramunk (JVP),
an extremist Sinhalese revolutionary group, were either
released, charged with criminal offenses, or sent to
rehabilitation camps in preparation for their release.
Under the provisions of the ER governing preventive detention,
a person may be held indefinitely under a detention order
signed by the Defense Secretary without ever being charged with
a crime or brought before a court of law. However, changes in
the ER announced in February and June now make it mandatory for
magistrates to visit places of detention on a monthly basis and
post in their courts a list of all detainees. Officers in
charge of places of detention must also, by law, submit lists
of all detainees to the magistrate as well as to the HRTF.
According to the law, officials who do not follow these
requirements are themselves subject to punishment under the
ER. Despite these changes to the law, compliance with the
revised ER is still far from complete, due to the lack of any
effective enforcement mechanism and the refusal of superior
officers to insist on compliance by their subordinates.
Moreover, the requirement to report detentions to the HRTF
applies only to those detainees arrested on suspicion of an
offense; detainees held in preventive detention are not covered.
Persons held under the ER are ineligible for bail during the
first 3 months of detention unless the Attorney General gives
his prior written consent. After 3 months, courts may grant
bail, but it is granted infrequently. Once charged, PTA
detainees are ineligible for bail. Family visits and access to
lawyers are sometimes restricted under these laws.
Detainees are frequently held incommunicado during the initial
period of detention, sometimes lasting several days or weeks.
The recent changes in the ER prohibit the holding of detainees
in unauthorized (i.e., secret) places of detention. The
Government has published a list of 345 authorized places of
detention, most of them police stations, and has made it a
criminal offense to hold detainees elsewhere. Reports continue
that government security forces held people incommunicado for
months or even years in previously undisclosed places of
detention. There were also reports that Tamil irregulars,
armed and paid by the Government, were operating their own
detention facilities. A fundamental rights application was
filed in the Supreme Court against the leader of one such
militia, the Eelam Peoples Democratic Party (EPDP), alleging
illegal abduction and torture. In the latter part of 1993,
Government security forces and alleged Tamil militias began
operating what many human rights monitors called "a parallel
system of secret detention" in Colombo. Beginning in August,
dozens of suspected LTTE sympathizers were picked up in
unmarked vehicles and taken to undisclosed places of
detention. Some were held for several months and many were
tortured before eventually being transferred to an official
detention center.
Persons held under the ER and the PTA (or others acting on
their behalf) may challenge the legality of their detention by
filing habeas corpus applications in the Court of Appeals or by
charging the Government before the Supreme Court with violating
fundamental human rights. In recent years, the Supreme Court
has simplified the procedures for initiating fundamental rights
cases and waived the requirement that such cases be filed
within 30 days of the alleged infringement. Detainees may now
initiate a fundamental rights case simply by writing a letter
to the court. A number of legal aid groups, including the Bar
Association of Sri Lanka, provide free legal assistance to
detainees. Over 400 habeas corpus applications were filed on
behalf of detainees in 1993, but only a few detainees were
released as a result. During the same period, 762 fundamental
rights cases were filed, with the result that over 150 people
were released from detention, and 18 people whose rights were
found to have been violated were awarded monetary compensation.
As of the end of 1993, there were approximately 2,000 detainees
being held under the ER, compared to roughly 5,000 at the end
of 1992. Another 433 people were held in rehabilitation camps
pending release, according to the Government.
The HRTF continued its efforts to monitor conditions of
detention and maintain a central register of detainees. In
addition, the Supreme Court in 1993 instructed the HRTF to
begin inquiring into the legality of individual cases of
detention. The HRTF began hiring a legal staff and advising
the Court on the release of detainees. In addition to the
HRTF, the ICRC regularly visited over 400 places of detention.
Tens of thousands of Tamils were rounded up by the security
forces in and around Colombo in the second half of 1993,
following President Premadasa's assassination by an LTTE
suicide bomber. Most of them were released after an "identity
check" lasting between several hours and several days, but a
small number were placed under detention orders pursuant to the
ER. Many Tamils claimed that the mass roundups were an
unjustified form of harassment based solely on ethnicity.
There were unconfirmed reports that the LTTE was holding over
2,000 prisoners in the north. The LTTE does not give the ICRC
or other humanitarian organizations access to its detainees,
except for some 35 security force members, most of whom have
been held since 1990.
e. Denial of Fair Public Trial
In ordinary criminal cases, defendants are accorded due process
rights, but trials under the ER and the PTA lack several
significant safeguards. Persons accused of criminal acts
generally receive a fair public trial, are informed of the
charges and evidence against them, and are represented by the
counsel of their choice. Persons tried on criminal charges in
the High Courts and the Court of Appeal are provided an
attorney at government expense if necessary. The Government
does not provide attorneys in other cases, although private
legal aid organizations assist some defendants. Public trial
by jury is the custom.
Jury trials are not provided under the PTA on the grounds that
jury members could be intimidated. Confessions are admissible
in PTA and ER cases but not in cases tried outside the PTA and
ER framework. Most ER and PTA convictions rely heavily on
confessions, and the burden of proof of charges of torture and
other forms of coercion rests on the defendant. Those
convicted under the PTA or the ER have the same right of appeal
to the Court of Appeal and the Supreme Court as those sentenced
in other cases. In practice, however, most people held under
these acts have never been formally charged and therefore
cannot make use of the appeals process.
The Constitution provides for an independent judiciary, and the
judiciary is independent in practice. The President appoints
all judges of the Supreme Court, courts of appeal, and high
courts. The Chief Justice and two Supreme Court judges
comprise a Judicial Service Commission which appoints,
transfers, and dismisses lower court judges. Judges serve from
time of appointment to mandatory retirement age (65 for Supreme
Court judges and 62 for others).
The Government alleges that all persons held under the ER and
the PTA are members or suspected members of either the JVP or
the LTTE. It is impossible to determine how many of the
roughly 2,000 detainees it holds would properly be termed
political prisoners, as defined in these reports (see Appendix
A), and how many are held because of suspected involvement in
terrorist activities.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government generally respects individual privacy and the
sanctity of the family and home, and the judiciary usually
upholds privacy rights in cases that reach the high courts.
Under ordinary law, search and arrest warrants are generally
required to enter private premises and must be approved by a
magistrate. However, the ER and PTA permit members of the
security forces to "enter and search any place, vehicle, or
vessel" and to "inspect and take possession of any movable
property" in the course of investigating any suspected offense
under the ER and PTA, without the need for a warrant.
Oversight is provided by the Secretary of Defense. There is no
judicial review or other means of redress.
Government monitoring of telephones and correspondence is
believed to occur on a selective basis. Mail to
LTTE-controlled areas is routinely opened and banned items,
including currency, are seized.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
Hostilities between the Government and the LTTE continued
throughout 1993. After a lull in the first 9 months of the
year, fighting reached new levels of intensity in the 4th
quarter, as both sides launched major offensives.
There were no army massacres of Tamil civilians similar to the
ones at Kokkadichcholai in 1991 and Mailanthani in 1992.
However, the Sri Lankan navy and air force were responsible for
a number of civilian deaths, many due to indiscriminate or
excessive use of force. Over 250 civilians were killed in such
attacks. One of the most notorious of these occurred on
January 2, when the navy attacked a group of civilians crossing
the Jaffna lagoon under LTTE escort and in defiance of military
orders. At least 35 civilians were killed in the incident, in
which navy patrol boats trained their spotlights on several
small, makeshift passenger ferries and machine-gunned those on
board. Altogether, at least 100 civilians died in this and
similar incidents on Jaffna lagoon during the course of the
year. Following army setbacks in October and November,
indiscriminate bombing of civilian targets in the LTTE-
controlled areas of the country increased. On December 8, 25
civilians were killed when the air force bombed a crowded
public market in Jaffna. On November 13, air force jet
aircraft attacked the St. James Catholic Church in Jaffna,
killing at least 10 and injuring dozens more. In all, at least
150 civilians were killed in bombing or artillery attacks.
The LTTE was also responsible for a number of violations.
Fifteen civilians were killed when LTTE forces used innocent
travelers as human shields in an attack on a crowded government
checkpoint in June. At least seven civilians living near an
army camp were killed when the LTTE attacked and overran the
camp in July. The total number of such killings attributable
to the LTTE probably amounts to several dozen, but no precise
estimate was possible.
The LTTE sometimes conscript high school-age children for work
as cooks, messengers, and clerks. There were also reliable
reports of children being used as forced labor to build
fortifications.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and expression
but permits these rights to be restricted by law in the
interests of national security. There was, however, some
improvement in the civil liberties climate during the year.
The provisions of the ER that restrict freedom of speech and
freedom of the press were rescinded in June, then reimposed
without explanation in December. Under the ER, sentences of up
to 20 years in prison may be imposed for "inciting feelings of
disaffection, hatred or contempt ofthe President or the
Government" or "creating discontent or disaffection among the
inhabitants of Sri Lanka." Civil libertarians point out that
these regulations could, in theory, be used to punish virtually
any public criticism of the Government. However, the Wijetunga
Government has so far shown itself to be far less likely to
restrict freedom of expression than was its predecessor.
The Government controls the country's largest newspaper chain,
although a variety of independent newspapers and journals
provide a range of viewpoints on foreign affairs and domestic
issues, including human rights, and openly criticize the ruling
party and Government. Physical attacks on opposition
journalists and politicians ceased with President Premadasa's
death in May. Similarly, a previously secret organization
headed by high-ranking former police officers and charged with
harassment and intimidation of Premadasa's political opponents,
including journalists, was disbanded by President Wijetunga,
and revelations about the unit's past operations were widely
reported in the press. In the one major exception to this
trend, a respected newspaper columnist received a death
threat--reportedly from the now-retired commander of the
army--following a critical story he wrote about a major army
offensive.
Although the Government denies it, many journalists allege that
the Government continues to exert pressure on the press by
controlling permits for the import of newsprint and through
placement of paid government announcements and advertising. In
addition, the Parliamentary Powers and Privileges Act allows
Parliament to impose an unlimited fine or up to 2 years'
imprisonment on anyone who criticizes a member of Parliament.
Although it is rarely invoked and was not used in 1993,
journalists and civil libertarians complained that the Act,
along with new guidelines that effectively prevent the
reporting of incidents in Parliament that are not part of the
official record of proceedings, were an unjustified
infringement on freedom of the press.
Several new, privately owned television and radio networks have
begun operating, but the Government maintains a monopoly on the
broadcast of local news. Local networks that broadcast
foreign-produced international news such as the Cable News
Network and the British Broadcasting Corporation are obliged to
delete any portions concerning Sri Lanka.
For its part, the LTTE tolerates no freedom of expression. The
print and broadcast media in areas under its control are
tightly regulated. The LTTE has been known to execute those
who criticize it or disagree publicly with its policies. In
the past, university professors, members of nonviolent Tamil
opposition parties, and human rights monitors have been among
those killed.
The LTTE holds numerous prisoners of conscience, including the
poet and women's activist Thiagarajah Selvanithy, who has been
imprisoned since August 1991 for her participation in a play
critical of the LTTE. The group University Teachers for Human
Rights (UTHR), a human rights group formerly based in the
LTTE-controlled Jaffna Peninsula, has been the target of severe
repression by the LTTE for its attempts to present a balanced
picture of human rights violations in both LTTE- and government-
controlled areas of Sri Lanka.
Although academic freedom is generally respected, political
activities on university campuses are restricted under the ER.
The Government has defended this action as necessary to ensure
that student political activity, such as that used by the JVP
to close the universities for 3 years, would not disrupt
education.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association. Freedom of association is respected in practice.
The ER restricting the right to peaceful assembly were
rescinded in 1993. Restriction of these rights is still
possible under the PTA, but the act was not used for this
purpose in 1993. There were no cases in which permits are
known to have been denied for political reasons. An ER issued
in 1990 prohibiting political and disruptive activity in
schools and workplaces remains in effect. Under it, permission
for meetings must be obtained from the head of an institution.
c. Freedom of Religion
The Constitution establishes Buddhism as the official religion,
which the Government must "protect and foster." It also
provides for the rights of members of other faiths, including
Hindus, Muslims, and Christians, to practice their religions
freely. Religious groups are free to maintain active ties with
coreligionists in other countries, and many Sri Lankans perform
religious travel each year.
Religious publishing and proselytizing are allowed, and foreign
clergy may work in Sri Lanka. For over 30 years, however, the
Government has forbidden entry to new foreign Jesuit clergy,
while allowing those in the country to remain.
Evangelical Christians (who constitute less than 1 percent of
the population) expressed concern that the government
commission set up to look into the activities of
nongovernmental organizations (NGO's) (see Section 4) has
focused much of its attention on the activities of Protestant
missionaries. These groups also report that their efforts to
convert Sri Lankans are often met with hostility and sometimes
violence on the part of local Buddhist clergy or other groups
opposed to such missionary work, and they accuse the Government
of tacitly condoning the harassment. There is no evidence of
active Government support for or protection of those
responsible for the harassment of evangelical Christians; on
the other hand, the Government made no effort to remedy the
situation. A chauvinistic vernacular press contributes to the
climate of intolerance.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution grants every citizen "freedom of movement and
of choosing his residence within Sri Lanka" and "freedom to
return to Sri Lanka." However, curfews, checkpoints, and other
actions taken by both the Government and the insurgent forces
have had the effect of inhibiting travel in large parts of the
north and east. Strict security measures imposed in the wake
of President Premadasa's assassination have also had the effect
of restricting the freedom of movement of Tamils in general and
young Tamil males in particular because of reports that the
LTTE was planning additional assassinations.
The Government does not restrict the travel abroad of its
citizens.
Sri Lanka does not permit the entry of refugees or displaced
persons from other countries, nor does it help refugees who
attempt to stay in the country while seeking permanent
residence elsewhere. There were no instances of refoulement in
1993. There were 620,000 internally displaced persons living
in Sri Lanka in 1993. Most lived in camps, primarily financed
by the Government, in the northeast or adjacent provinces.
At the beginning of the year there were over 70,000 Sri Lankan
Tamil refugees living in refugee camps in Southern India.
During 1993 nearly 7,000 of these refugees returned to Sri
Lanka. The United Nations High Commissioner for Refugees
operated freely in Sri Lanka, supporting government refugee
relief efforts in the north and east and funding transit camps
for persons returning from India. Over 200,000 Sri Lankan
Tamils have also migrated to or sought refuge in Western Europe
and North America over the last 10 years. Many of them have
been denied asylum, and a few have been returned to Sri Lanka.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the constitutional right to change their
government through periodic multiparty elections on the basis
of universal adult suffrage. Sri Lanka has a vigorous
political opposition. Although 1993 was marked by two
high-profile assassinations (see Section 1.a.), organized
harassment of the political opposition ceased with President
Premadasa's death in May. A total of 26 parties are recognized
by the Commissioner of Elections, and members of 12 of these
hold seats in Parliament. Although members of each ethnic
community can be found in many of the political parties, the
two most influential parties generally draw their support from
the majority Sinhalese community. Historically, these two
parties have alternated in power. Eighteen Tamils currently
hold seats in the 225-member Parliament.
In May provincial council elections were held in seven of the
country's eight provinces; security conditions precluded a vote
in the Northeast Province (a temporary merger of the war-torn
Northern and Eastern Provinces). An opposition coalition won
control of the Western Province, which includes the capital,
Colombo. Despite scattered irregularities, foreign and
domestic election monitors judged this election to be largely
free and fair.
There are no de jure impediments to women's participation in
politics or government, but the social mores of some
communities have the effect of limiting women's participation
in activities outside the home. Although they are
underrepresented, women serve at senior levels in both
sectors. Eleven women hold seats in Parliament; two are deputy
ministers and one is the Minister of Health. The leader of the
opposition, a former Prime Minister, is a woman.
The indigenous people of Sri Lanka, known as Veddas, number
less than a thousand. There are no de facto or de jure
restrictions on their participation in the political life of
the country. Preferring to maintain their traditional way of
life, the Veddas have resisted government attempts to integrate
them into Sri Lankan society.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Several local NGO's, including the Movement for Interracial
Justice and Equality (MIRJE) and the University Teachers for
Human Rights (UTHR), monitor human rights, collecting
information from families of victims or members of citizen
committees near the sites of alleged incidents. Other groups,
such as the Civil Rights Movement (CRM) and the Law and Society
Trust (LST), monitor civil and political liberties. The
Government generally does not respond to their periodic reports
and appeals. Unlike in previous years, there were no reports
in 1993 of human rights monitors receiving death threats.
A variety of international nongovernmental organizations are
active in Sri Lanka, providing humanitarian relief services to
those affected by the conflict in the northeast. The
Government allows these organizations to operate unhindered,
subject only to security considerations in the war zone.
On December 22, President Wijetunga used the Emergency
Regulations to promulgate a law governing the activities of
local and foreign NGO's, thereby bypassing normal parliamentary
procedures. The law imposed financial reporting requirements
on all NGO's, but as of the end of the year it was not clear
what additional practical effect the new law would have on
NGO's operating in Sri Lanka.
During 1993, the Government made progress in implementing some
of the 44 recommendations it accepted from Amnesty
International (AI) and the United Nations Human Rights
Commission (UNHRC) Working Group on Enforced and Involuntary
Disappearances, but this progress slowed in the second half of
the year. For example, a "zero tolerance" directive on human
rights was issued by the Eastern Province Commander in March,
and according to reliable sources, this has led to significant
on-the-ground improvements. Emergency regulations governing
issuance of receipts and reporting to the human rights task
force have been issued, though, as noted, compliance is
spotty. Several new regional HRTF offices were opened and the
HRTF is gradually making its presence felt. The activities of
paramilitary groups (e.g. home guards, Tamil militias) seem to
be coming under better supervision. However, there was no
discernible movement in implementing the recommendations to
prosecute past human rights violators and investigate
disappearances.
At the 1993 meeting of the UNHRC, Sri Lanka pledged to continue
implementation of the Working Group's recommendations. It also
pledged to "take appropriate measures to ascertain the
whereabouts of persons referred to in the reports of alleged
disappearances" and "prosecute those responsible for
disappearances and other human rights violations."
The Government continued to provide the ICRC with virtually
unrestricted access to its detention facilities, allowing the
ICRC to register detainees and monitor their treatment. At the
request of the Government, the ICRC also continued to oversee
the transportation of government and donor-supplied food and
medical supplies into the war zone and to supply human rights
training and materials to the Sri Lankan security forces.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Sri Lankan women have equal rights under national civil and
criminal law. However, questions related to family law,
including marriage, divorce, child custody, and
inheritance--are subject at the local level to the customary
law of each particular ethnic or religious group. Muslims, for
example, are guided by Islamic law in these matters. The
Constitution guarantees equality in public sector employment,
but women have no legal protection against discrimination in
the private sector. In the private sector, women are sometimes
paid less than men for equal work.
Women's rights monitors say that domestic violence and sexual
assault are common in Sri Lanka, but that for cultural and
social reasons Sri Lankan women are unlikely to report such
abuse. According to women who work with victims, sexual
assault, rape, and other forms of violence directed against
female domestic servants is a particularly pernicious problem.
Women's groups report that victims of rape and domestic
violence must face police and judicial officials whose
sympathies often lie with the accused rather than the victim.
There are several organizations actively working to promote
women's rights and greater awareness of women's issues
generally and particularly to reform the laws governing rape
and domestic violence. As a result, public awareness of the
problems faced by women has increased, but the Government has
yet to deal effectively with these issues.
Children
The Government is formally committed to protecting the welfare
and rights of children, but its ability to do so in practice
has been limited by its lack of resources.
There is no pattern of societal abuse against children. There
is, however, a significant problem of child prostitution in
certain coastal resort areas. The majority of these
prostitutes are boys, and the majority of their customers are
said to be foreign tourists. The true extent of child sexual
abuse is unknown, but several thousand children are thought to
be involved. The Government has appointed a technical
committee to recommend possible new legislation to deal with
the problem, and recent press reports indicate that such
legislation is being considered. However, organizations
working with abused children believe that the problem lies not
with the inadequacy of existing legislation but with the law's
enforcement, which is said to be lax.
There are also reports of abuse of rural children working as
domestics in urban households. There are allegations of
starvation, beatings, burnings, sexual abuse, and forced
prostitution. Enforcement of laws designed to protect these
children has also been lax. (See also Section 6.c.)
National/Racial/Ethnic Minorities
Tamils have long believed, with some justification, that they
suffer systematic discrimination in competition for university
entrance, government employment opportunities, and other
matters under government control. While official
discrimination continues in some fields, there has been little
evidence of overt discrimination in university enrollment or
government employment in recent years. However, many Tamils
assert that more subtle forms of official discrimination
persist. In 1990 the Government decreed that hiring for the
public service would be based on ethnic groups' proportions in
society. Upholding a suit filed by a Tamil public servant, the
Supreme Court ruled in 1991 that promotions must be based on
merit but did not address the hiring issue. Under the
Constitution's 13th Amendment, enacted in 1987, Tamil and
Sinhala were both made official languages and English the
"link" language.
There are approximately 1 million Tamils of comparatively
recent Indian origin living in Sri Lanka. Of these, roughly
200,000 are not citizens of either India or Sri Lanka. Most of
them live in the tea-growing highlands and continue to suffer
discrimination, especially in the Government's allocation of
education funds. They no longer qualify for citizenship under
Indian law and were also denied Sri Lankan citizenship by laws
adopted after independence, making them essentially stateless.
In 1986 the Government agreed to grant citizenship to all
remaining stateless Tamils. In 1988 the Government eliminated
processing delays by passing a law making extension of
citizenship to those stateless persons automatic upon a simple
request. However, the new legislation did not cover the nearly
85,000 Tamils who themselves or whose parents once applied for
Indian citizenship but who now wish to stay in Sri Lanka.
While they could legally be compelled to leave Sri Lanka, the
Government has assured Tamil leaders that none will be forced
to do so.
Religious Minorities
As noted above, evangelical Christians have been attacked both
physically and in the press for their attempts to convert
Buddhists to Christianity. However, there is still no evidence
of "official" persecution.
The LTTE has expelled all Muslims from the areas of northern
Sri Lanka under its control; expropriated Muslim lands, homes,
and businesses; and threatened Muslim families with death if
they attempt to return to their homes. The Tigers also
severely restrict the freedom of movement of Tamils living in
areas under their control, exacting a large "exit tax" from
persons wishing to travel to areas under government control and
requiring them to leave all of their property in escrow. In
order to ensure that people return, the Tigers often allow only
one member of a family to travel at a time. The LTTE does not
allow internally displaced persons living in areas under Tiger
control to return to their homes in government-controlled areas.
People with Disabilities
The unique problems faced by the disabled in Sri Lanka have yet
to become an issue of public-policy debate. Most disabled
people who are unable to work are cared for by their families;
those whose families are unable to care for them often resort
to begging on the streets. There are no laws mandating
accessibility for the disabled.
Section 6 Worker Rights
a. The Right of Association
The Constitution establishes the right of workers (except the
military and police) to associate freely and to form or join
labor unions. No prior approval from the employer is needed to
form or to join a trade union. Any seven workers may form a
union, draw up their charter, elect their own representatives,
and publicize their views. This right is usually exercised in
the industrial sector, civil service, state owned enterprises,
and plantation sector. Workers in nonplantation agriculture
and most of those employed in small businesses are not
generally represented by unions. Altogether 50 to 60 percent
of the nonagricultural work force, equal to 25 to 30 percent of
the total work force, is unionized.
There are a number of independent trade unions; however, most
large unions are affiliated with political parties and play a
prominent role in the political process. There are two trade
unions affiliated with the ruling United National Party (UNP),
while more than 30 trade unions are affiliated to other
political parties.
During 1992, 154 new unions were registered with the Department
of Labor, whereas registration of 206 unions were canceled. It
is a statutory requirement that unions submit their annual
reports to the Department of Labor, and a failure to do so is
the only criteria for cancelation of registration.
All workers other than civil servants and those in essential
services, as classified by the Government, have the right to
strike. In 1992 there were 103 strikes. Although civil
servants have no right to strike, they may submit grievances to
the Public Service Commission for relief but have no other
legal recourse. Under the Essential Services Act (ESA), based
on Emergency Regulation No. 1 of 1989, the President can
exercise the power to declare any sector an essential service,
making the strike illegal. The law prohibits retribution
against legal (nonwildcat) strikers in nonessential sectors.
The only grounds for dismissal is indiscipline.
Taking note that the Government was preparing to remove export
industries from the list of essential services where strikes
are banned, the Committee on Freedom of Association of the
International Labor Organization (ILO) observed in May that
nonessential services under the Emergency Regulations Act
should be limited to services where an interruption would
endanger the life, personal safety, or health of the population.
In June the Government amended the ER, restricting coverage to
sectors it explicitly defined as "essential services":
government establishments; air, sea, port, rail, road, and
other public transport services; services connected with the
sale of foods and medicines; and the operations of tea, rubber,
and coconut plantations. The garment industry, which employs
nearly 200,000 workers, was dropped from the list of essential
services. Even though illegal, strikes in sectors classified
by the Government as essential services do occur. In fact, 86
of the 103 strikes in 1992 were in the plantation sector (tea,
rubber, and coconut), which is still technically listed as an
essential service. There were 78 strikes in 1993, of which 56
occurred in the "essential" plantation sector. A telephone
workers strike became technically illegal when the Government
classified telecommunications as an essential service following
the outbreak of the strike, but no action was taken against the
strikers and the strike went on as scheduled. There was no
retribution.
Workers in the public enterprises and in the private sector,
including those in the essential services, may lodge complaints
with the Commissioner of Labor, the Labor Tribunal, or the
Supreme Court to protect their rights.
On September 29, the Emergency (Maintenance of Exports)
Regulation No. 1, under which "anyone intimidating an employee
to disrupt the activities of a company commits an offense and
will be sentenced to a minimum of 10-years' imprisonment," was
rescinded. The President signed a regulation exempting
disputes between registered employers and unions from the
emergency decree, provided 14 days' notice is given to the
Commissioner of Labor and the employer.
Unions are free to affiliate internationally, and various Sri
Lankan trade union federations are affiliates of major
international trade union organizations.
b. The Right to Organize and Bargain Collectively
Workers are expressly granted the right under the law to
bargain collectively, and it is fairly widely practiced. For
those enterprises in which workers are represented by trade
unions, the unions do the bargaining for the workers. Where
unions are lacking, work councils--composed of employees,
employers, and often a public sector representative--are the
forums for collective bargaining. Except in the Export
Processing Zones (EPZ), work councils are not required in cases
where unions do not exist. In the EPZ's, Board of Investment
(BOI) regulations require the establishment of a work council,
known as a Joint Consultative Council (JCC).
However, Sri Lankan law does not compel management to recognize
unions. There have been isolated cases where employers were
hesitant to recognize the unions in their factories. The Labor
Commissioner has intervened in these cases to try to persuade
the employers to do so. The employer's recognition of a union
confers on the union the right of representation, allows
payroll deduction of union dues, and permits the union to enter
into collective bargaining.
Antiunion discrimination is prohibited by law but is not always
enforced or practiced. When claims arise, they often result in
protracted legal proceedings. Employers found guilty of
antiunion discrimination are required to reinstate workers
fired for union activities, but reinstated workers are often
transferred to different locations. In some cases, employers
have offered to pay compensation instead of reinstating the
worker.
All public and private sector enterprises, including essential
services, enjoy the right of collective bargaining. However,
collective bargaining takes place in an estimated 15 to 20
percent of businesses in the private sector, and only a few
large-scale private companies and banks sign collective
agreements with their unions on pay increases and maintenance
of the wage levels for a specific period. The primary
mechanism for setting minimum wages and service conditions in
the private sector is wage boards (see Section 6.e.).
Remuneration tribunals also set wages in some cases. In
addition, the Board of Investment sets minimum wages for
workers in the EPZ's. These wages are higher than the national
minimum wage.
Workers have significant protection for the right to employment
under the Termination Act. Under the Act, no one may be fired
without the permission of the Labor Commissioner. Outside of
the essential-services area, dismissal may only be allowed on
the grounds of disciplinary infractions. Should workers
performing an essential service go on strike, management may
legally terminate employment, and the striking worker has no
recourse. This power, however, has rarely been used.
Workers in the EPZ's are free to join unions, but unionization
in the zones has been traditionally discouraged by employers
and the Government. Unions, to date, do not represent workers
in collective bargaining or dispute resolution. Otherwise,
workers in the EPZ's have the same rights as other workers,
including the right to strike. Workers in the EPZ's are
represented by Joint Consultative Councils (JCC), which are
established under BOI regulations. Fifty percent of the JCC
members are elected by EPZ workers, and 50 percent are
appointed by management. They are chaired by the BOI, with
most decisions being reached by consensus. Until recently,
union officials were only permitted into EPZ's with an
invitation from the JCC, an employer, or a group of employees.
Now, the Government's Board of Investment (BOI) is preparing
office space and meeting rooms for use by unions in each of the
EPZ's, as they no longer require invitations for entry. Two
established trade unions have taken advantage of the June 1993
decision allowing entry into the EPZ's. However, it is too
soon to say whether they will be successful in forming branches
there.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law. There is no
conscription or forced recruitment.
There are reports of abuse of children brought in from rural
areas in debt bondage to work as domestic servants in urban
households (see also Section 5). In the view of the National
Employers Union (Jathika Sevaka Sangamaya), these children are
not adequately protected, mainly due to the shortage of labor
inspectors.
d. Minimum Age for Employment of Children
The basic minimum age for employment in Sri Lanka is 14 years.
However, the employment of children below the age of 14 by
their parents or guardians in light agricultural or
horticultural work for a limited period is legally permitted.
Light work is also permitted in any school or institution for
training purposes. Persons under 16 may not be employed in any
public performance in which life or limb is endangered. Until
recently, children under 14 years could be employed in the
plantation industry, but with the adoption of ILO Convention
10, ratified by the Government in November 1991, children under
14 years of age may no longer be employed on the plantations.
Child labor is not used in the EPZ's or in the garment
factories. About 85 percent of children below the age of 16
attend school, and the law provides that the employment of such
persons is permitted for not more than 1 hour on any day before
school. For the small percentage of children over the age of
14 who are not in school (and who are legally allowed to work),
there is no explicit law that limits their working hours to
less than those allowed for adults.
Despite legislation, some child labor still exists. Some
children work in the informal sectors, including coir-making,
which is the making of products, such as mats, from coconut
fiber; industries; fishing; drying fish; wrapping tobacco;
street trading; domestic service and on farms. Enforcement
measures taken by the Department of Probation and Child Care
Services, including inspections and penalties, have been unable
to eliminate child labor, and the labor laws are used only to
deal with extreme forms of it.
Based on the recommendation of a committee of experts appointed
by the Government to examine child labor, the Cabinet decided
in September to enact laws to increase the minimum age to 15
years in view of ILO conventions and to tighten child labor
laws. Social and economic factors also help to control the
problem of child labor in Sri Lanka. The country's gross
national product, relatively high by regional standards, and
its near-90 percent literacy level serve as a brake on the
employment of children. Virtually all children attend primary
school and three-quarters of them go on to secondary school,
according to government statistics.
e. Acceptable Conditions of Work
There is no national minimum wage, but wage boards set minimum
wages and working conditions on a sector by sector basis. The
Wage Board, a legislated body under the Wage Board Ordinance of
Sri Lanka of 1941, is a tripartite body representing the
employer, employee, and the Department of Labor. There are 38
boards covering more than 100 occupations in industry,
commerce, services, and agriculture. The current minimum wage
rates are $34 (1,166 rupees) a month in industry and commerce,
$33 a month in the service industry, and $1.50 a day in
agriculture. Minimum wages in the industrial and commercial
sectors also vary from trade to trade. In the garment
industry, where nearly 200,000 persons are employed, the
minimum wage is $41.20 per month. While this minimum wage is
considered insufficient for a worker to support the standard
family of five, the overwhelming number of textile workers are
young women whose incomes are supplementary to their families'
main income. The Minimum Wage Law is effectively enforced by
the Department of Labor.
Most permanent full-time workers are covered by laws that
prohibit them from working regularly more than 45 hours per
week (a 5 1/2-day workweek). Such workers also receive 14 days
of annual leave, 14 to 21 days of medical leave, and some 20
local holidays each year. Maternity leave is available for all
female workers, permanent or casual. Employers also must
contribute an amount equal to 12 to 15 percent of a worker's
wage to an employee's provident fund and 3 percent to an
employees trust fund. If these contributions are not paid on
time, the Government fines the employer.
Safety and health of workers are protected under a variety of
laws. The Department of Labor employs a small staff of
technical officers to inspect workplaces, but the staff is
inadequate for effective enforcement. The Department also
provides nationwide worker education programs on health and
safety issues in an effort to increase worker awareness.
The graphite industry records the highest number of health
hazards. In tea factories, asthma and chronic bronchitis are
common. Workers have the statutory right to remove themselves
from situations that endanger their health, but much of the
work force is either unaware of, or indifferent to, the risks
involved in their work.
[end of document]
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