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.
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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
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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.
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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 |
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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.
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7 | Right to self determination | ICESCR Article 1 ICCPR Article 1 | Obligation to respect | Judiciary |
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