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Human Right Violations of Mullikulam IDPs of Sri Lanka

Written By Freedam to the nation resettlement of IDPs on Friday, September 7, 2012 | 8:41 AM


Matrix :

Issues

HR Violations

Obligation violated

Relevant stakeholders /actors

State bindings of Sri Lankan Government

1

Impact on livelihood

UDHR

ICESCR Article 3 , 5 , 6 ,7,9,11

GPID Principle 29 (2)

Competent authorities have the duty and responsibility to assist returned and/or resettled internally

displaced persons to recover, to the extent possible, their property and possessions which they left

behind or were dispossessed of upon their displacement. When recovery of such property and

possessions is not possible, competent authorities shall provide or assist these persons in obtaining

appropriate compensation or another form of just reparation.

Obligation to fulfill

Obligation to Protect

-Government

-Labour and employment department

Freedom from Torture.

11. No person shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment.

2

Forced eviction /Internal displacement

ICESCR Article 11

ICCPR Article 2, 26

ICPRMW Article 10

GPID Principle 06 (2)

The prohibition of arbitrary displacement includes displacement:

(a) When it is based on policies of apartheid, "ethnic cleansing" or similar practices aimed at/or

resulting in altering the ethnic, religious or racial composition of the affected population;

(b) In situations of armed conflict, unless the security of the civilians involved or imperative

military reasons so demand;

(c) In cases of large-scale development projects, which are not justified by compelling and

overriding public interests;

(d) In cases of disasters, unless the safety and health of those affected requires their

evacuation; and

(e) When it is used as a collective punishment.

Pinhero – Principle 05 Right to be protected from displacement

Obligation to Respect

Obligation to Protect

Right to Equality.

12. (1) All persons are equal before the law and are entitled to the equal protection of the

law.

(2) No citizen shall be discriminated against on the grounds of race, religion, language,

caste, sex, political opinion, place of birth or any such grounds:

(3) No person shall, on the grounds of race, religion, language, caste, sex or any one such

grounds, be subject to any disability, liability, restriction or condition with regard to

access to shops, public restaurants, hotels, places of public entertainment and places of

public worship of his own religion.

14.Freedom of Speech, Assembly, Association, Movement, &c.

14-h) (h) the freedom of movement and of choosing his residence within Sri Lanka;

and

(i) the freedom to return to Sri Lanka.

(2) A person who, not being a citizen of any other country, has been permanently and

legally resident in Sri Lanka immediately prior to the commencement of the Constitution

and continues to be so resident shall be entitled, for a period of ten years from the

commencement of the Constitution, to the rights declared and recognized by paragraph

3

Impact on right to life and dignity

ICCPR Article 6

Obligation to Respect

Restrictions on Fundamental Rights.

15. (1) The exercise and operation of the fundamental rights declared and recognized by

Articles 13 (5) and 13 (6) shall be subject only to such restrictions as may be prescribed

by law in the interests of national security. For the purposes of this paragraph “law”

includes regulations made under the law for the time being relating to public security.

Restrictions on Fundamental Rights.

(7) The exercise and operation of all the fundamental rights declared and recognized by

Articles 12, 13(1), 13(2) and 14 shall be subject to such restrictions as may be prescribed

by law in the interests of national security, public order and the protection of public

health or morality, or for the purpose of securing due recognition and respect for the

rights and freedoms of others, or of meeting the just requirements of the general welfare

of a democratic society. For the purposes of this paragraph " law " includes regulations

made under the law for the time being relating to public security.

4

Access to basic amenities water , food , sanitation ,health , education

ICESCR Article 7 ,11,13

ICCPR Article 26

CEDAW Article 10

CRA Article 8 ,17 ,28

Right to fulfill

Ministry of Rural development, health and education ,local municipalities

5

Resettlement

-paddi cultivating resettled in jungles

-livelihood

-Education

-Health

-General Human rights violation issue connection to the resettlement issue

ICCPR Article 26

CEDAW Article 1, 10

ICRPWD Article 11,28

PInhero – Principle 02 – right to housing and property restitution

Obligation to Protect

-Ministry of RD,

-National Unions and Federations

-HR Commission

Health Ministry

Fundamental Rights.

(7) The exercise and operation of all the fundamental rights declared and recognized by

Articles 12, 13(1), 13(2) and 14 shall be subject to such restrictions as may be prescribed

by law in the interests of national security, public order and the protection of public

health or morality, or for the purpose of securing due recognition and respect for the

rights and freedoms of others, or of meeting the just requirements of the general welfare

of a democratic society.

Resettlement Authority Act 2007

Art 13 (b) facilitate the resettlement or relocation of the

internally displaced persons and refugees in order

to rehabilitate and assist them by facilitating their

entry into the development process.

6

Conflict and security issue

-torture and violence

UDHR

ICAT

Obligation to Protect

Obligation to fulfill

Fundamental Rights.

(7) The exercise and operation of all the fundamental rights declared and recognized by

Articles 12, 13(1), 13(2) and 14 shall be subject to such restrictions as may be prescribed

by law in the interests of national security, public order and the protection of public

health or morality, or for the purpose of securing due recognition and respect for the

rights and freedoms of others, or of meeting the just requirements of the general welfare

of a democratic society. For the purposes of this paragraph " law " includes regulations

made under the law for the time being relating to public security.

7

Right to self determination

ICESCR Article 1

ICCPR Article 1

Obligation to respect

Judiciary

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