Final Declaration 9th Asia-Europe People’s Forum - Vientiane, Laos

Final Declaration 9th Asia-Europe People’s Forum - Vientiane, Laos

 We, over 1,000 women and men, representing people’s organizations and citizens from Asia and Europe joined together from 16th to 19th October 2012 in Vientiane, Laos at the 9th Asia Europe People’s Forum under the title“People’s Solidarity against Poverty and for Sustainable Development: Challenging Unjust and Unequal Development, Building States of Citizens for Citizens”.  The AEPF9 tackled four major themes, or People’s Visions, which represent AEPF’s hopes for citizens of the ASEM member countries and the communities they live in.  These are:

·   Universal Social Protection and Access to Essential Services; 

·   Food Sovereignty and Sustainable Land and Natural Resource Management

·   Sustainable Energy Production and Use; and

·   Just Work and Sustainable Livelihoods.

Preceding the 9th Asia-Europe People’s Forum we held three preparatory workshops in South and South-East Asia on our four themes.  In Laos, 16 provincial level consultations were held which contributed to the development of a draft Lao People’s Vision Statement. These brought together the reflections, aspirations and visions of the Lao people from a wide range of mass and civil society organisations across Lao society.  They are an important contribution to future dialogues for development and seen as part of the Laos’ commitment to strengthening partnerships for development.

At the Asia Europe People’s Forum 9 we focussed on developing strategies and recommendations to our elected representatives in our countries, and to ourselves, as active citizens.

We met at a time of major historical importance that has brought into sharp focus the drastic inequalities, injustices and poverty experienced by people across Asia and Europe.  What is often presented as a ‘financial crisis’ is in reality part of a series of interlinked crises - food, energy, climate, human security and environmental degradation - that are already devastating the lives, and compounding the poverty and exclusion faced on a daily basis by millions of women, men and children across Asia and increasingly across Europe.  The gap between the rich and the poor is widening, and access to resources, livelihood opportunities and basic services remain grossly unequal.  The ASEM9 is an historic opportunity for ASEM governments to take the timely and decisive actions needed to address this.

There is a strong consensus among Asian and European citizens gathered at the AEPF9 that the dominant approach over the last decades - based around deregulation of markets, increasing power of multinational corporations, unaccountable multilateral institutions and trade liberalisation - has failed in its aims to meet the needs and rights of all citizens.  We need to go beyond an analysis and response that focuses solely on short-term measures benefiting a few financial institutions and large corporations.  There is a deep felt need and demand for change and for new people-centred policies and practices.

Despite the policy failures of trade liberalisation, market deregulation and privatisation, our governments continue to ignore the growing tangible consensus for fundamental policy change.  Instead of fulfilling the needs of people and reinvigorating local economies, hundreds of billions of Euros have been mobilised to save the banks and financial system, while essential social services remain under-funded and are being dismantled in many parts of Europe.

Despite existing laws, regulations, standards and mechanisms, our governments have failed to prioritise human rights, environmental security and labour rights, over the profits of companies.  The consequences of this corporate domination are experienced in the lives of millions of women, men and children across Asia and Europe.  This has led to a hollowing out of democratic accountability as elites make decisions and implement policies with little or no scrutiny from citizens, creating the conditions for poverty, inequality, environmental devastation and growing social unrest.

Our governments and the citizens of Asia and Europe have the responsibility to transform our social, economic and political futures so that we can all live in peace, security and dignity. We all need to take responsibility to work together to create and implement the radical and creative solutions needed for people-centred recovery and change.

We therefore call upon the governments who are members of ASEM to implement people-centred responses to the current crises in an effective and responsible manner.  Urgent need must be given to poor, excluded and marginalised people and governments must work with citizens to develop and implement policies that will lead to a just, equal and sustainable world, and more accountable and democratic institutions – based on respect for gender equality, our environment and our fundamental human rights.

The AEPF is a strategic civil society gathering of Asian and European social movements fighting poverty and inequality and working for social justice.  The AEPF is grounded in the common desires of people’s organisations and social justice networks across Asia and Europe to open up new venues for dialogue, solidarity and action.

The following call to action is based on the recommendations from the many vibrant and exciting events that were held throughout these four days.

Call to Action - from the 9th Asia Europe People’s Forum

The 9th Asia Europe People’s Forum, representing citizens, people and social movements from Asia and Europe, urges ASEM and its member Governments to recognise the following issues, priorities and to take forward our recommendations:

1.  Universal Social Protection and Access to Essential Services 

Globally, only 20 percent of people have access to social protection- the coverage in nearly all Asian countries is even lower. In Europe, the welfare state and social contract have been systematically eroded by both national governments and European Union (EU) institutions in the name of market-driven policies and private profits.

Social protection and access to essential services are fundamental rights covering rights to work, adequate food, essential services and social security.  States have the obligation to actively promote, protect and fulfil these rights.  After 2015, following on from Millennium Development Goals, there is a new opportunity for governments to legislate for a comprehensive set of transformative social 'indispensable to a life' policies to promote universal social protection based on human and social rights.

A transformative social protection system is a broad package of commitments and services that includes social security, social assistance, labour rights and social services that covers the entire population in order to prevent and reduce poverty.  It should protect individuals against risks of impoverishment in situations of sickness, disability, unemployment, old age, high healthcare costs, general poverty and social exclusion.  It subscribes to principles of equality and non-discrimination, fosters organic solidarity, and contributes to human security and to the common good of humanity.

A transformative and universal social protection system must be implemented together with alternative national development strategies that restore the sovereign rights of states to chart a people-centred development that is just, democratic, and sustainable, reversing the neo-liberal policies of liberalisation, deregulation, and privatization.

Key Recommendations

We call on our governments to: 

1. Enact legislation and secure public finance for a social protection system that is rights-based and universal.  This will enable basic social protection for all people including workers - informal and formal, paid and unpaid, women and men, including migrants.  This social protection system covers fundamental rights vital to a life of dignity which include: The Right to Work (access to work guarantees, living wages and decent work according to ILO core standards, full employment with shorter working weeks), Food, Essential Services (access to universal and quality health and reproductive health care, education, water and sanitation, energy and affordable and decent public housing), Social Security (living pensions for the elderly and disabled, child subsidies), and insurance with guaranteed fair/living wage (against risks of unemployment, illness and agricultural calamities).

2. Develop adequate fiscal policies that generate sufficient domestic funds for universal social protection.  Appropriate tax regimes should effectively tax transnational corporations, rich individuals and large landowners rather than applying regressive taxation such as VAT.  Our governments should introduce a Financial Transaction Tax, close tax havens and secret banking and cancel odious debts.

3. Work through ASEAN to adopt a Social Agenda that will include the universalisation of social protection and the decommodification of all essential goods and services indispensable to life. Social protection should be under state authority and free for all people.

4. Be parties to developing and agreeing a UN Charter on the Common Goods of Humankind that will establish the common ownership of resources, goods and services, which are essential to life; cooperative management by the international community must be adopted.

5. Exclude TRIPS plus provisions in all bilateral/multilateral trade agreements especially provisions on data exclusivity and patent extension because of its direct impacts on public health and access to medicines.  TRIPS plus provisions threaten and undermine governments’ authority to use the TRIPS flexibilities allowed them in favour of providing for affordable and accessible medicines for the majority.  These flexibilities are even more important given the reality that out-of-pocket costs of medicines are increasing, with the poor in Asia often spending more than half of their income on medicines.

6. Ratify and fully implement the UN Conventions on the Rights of Disabled People and mainstream disability concerns into local and national economic and social development; a focus should be placed on empowering people with disabilities and their organisations to ensure equal participation and full inclusion in all respects of life.

7. Recognise the complex root causes of poverty and to ensure that all countries ensure that all citizens have the opportunity to have their voices heard, opinions respected and can participate in decision making that affects them, as well as in defining what it is those decisions need to be.  This must include children and young people and it must go further than basic adherence to international legal instruments such as the Convention on Rights of the Child.  It is critical that mechanisms are developed and implemented to provide opportunities for true participation at the local, national and global level to ensure that development is inclusive of all, including children, young people and the most vulnerable.  These voices must be heard to ensure a move towards more just and people-centred services and development.

8. Ensure and guarantee quality, basic education for all and fast track affirmative actions for marginalized children, youth and adults.

9. Promote and support literacy and respect for local wisdom as the foundation for life-long learning. Finance fully-costed life long learning program  that enable everyone regardless of age, sex and ethnicity to access opportunities throughout life through formal, non-formal and informal education.

10.  Ensure quality curricula in formal, non-formal and informal education that integrates participatory sustainable development, technical-vocational life, skills, self-determination and participation within the framework of Education for Sustainable Development (ESD). Learners should have a say on what quality learning means.

11.  Enhance positive cooperation between Civil Society Organizations, Governments and the private sector toward sustainable development.

12.  Support all citizens to take part in drafting and review of national development frameworks.

13.  Develop and promote adequate social protection mechanisms for indigenous peoples and ensure their access to essential services.

14.  Ensure a shift from corporate social responsibility to corporate social accountability that emphasizes diligence with its elements of prevention, protection, prosecution and reparation according to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) for human rights violations, including gender-based impacts and violence.

15.  Strengthen and implement safeguards policies and accountability mechanisms, including the dissemination of correct and complete information, free and prior informed consent, organization of meaningful community consultations, administer just compensation and actions that ensure the bodily integrity and social well-being of communities, especially marginalized groups such as women and minorities, to hold governments, corporations and international financial institutions accountable and ensure a development towards resilient, equitable, inclusive low carbon communities.

16.  Migrants must have the right to marriage, family, culture and political participation. This includes raising children according to their identity and culture. These rights ensure full participation in community life. One must also be able to keep one’s identity, unlike many migration policies, which promote assimilation.

17.  The Hague Convention on child custody must be recognized by all countries.

2.  Food Sovereignty and Sustainable Land and Natural Resource Management

In response to the financial, economic, and ecological crises, a new wave of land, water and resource grabbing is occurring.  Powerful international and domestic forces are pushing forward a new round of enclosures globally for both food and non-food purposes.

In Asia, land and resource grabbing is accelerating in the name of ‘development’.  There is a growing body of evidence that these large-scale investments in agriculture and extractive industries are resulting in a cascade of negative impacts on rural livelihoods and ecologic, human rights, and local food security and food sovereignty.

In Europe, the Common Agricultural Policy (CAP), based on the international competitiveness of European agri-business, is forcing many farmers to exit agriculture.  The EU’s bio-energy policies, most prominently the Renewable Energy Directive (RED), are diverting land used for food production for large-scale, monoculture, agro-fuel and agro-energy crop production.  The EU’s trade policy, in particular the Everything But Arms initiative, has fueled global land grabbing.

Banks, hedge funds and pension funds are betting on food prices in financial markets, causing drastic price swings in staple foods such as wheat, maize and soya.  This speculation on food is driving up global food prices. Food speculation by banks and financial market traders must be regulated. 

We are facing a global water crisis.  Never has there been such pressure on water resources and such water scarcity.  In many countries, the water crisis is manipulated by International Finance Institutions’ (World Bank and Asian Development Bank) drive to grab water and has resulted in the takeover of water resources and services by corporations and private companies.  This situation encourages anti-poor policies, increasing the role for corporations in the water sector, and producing bigger pubic debts, which in the end do not necessarily ensure water provision, equitable access and efficiency[DG1] .

Within the social movements, food sovereignty has prevailed as an alternative to the industrial agricultural model.  Food sovereignty is based on the right of peoples to define their own food, agriculture, livestock and fishery systems, independent of international market forces.  It is called for by farmers, peasants, pastoralists, fisher folk, indigenous peoples, women, rural youth and their allies all over the world.

Our common vision is therefore based on the principles of food and land sovereignty. Peasants, small-scale food producers, and rural populations should be able to decide their own development path.

Our health and the health of the earth and future generations depend on healthy soil, strong food communities and small-scale diversified farms. There are growing movements of young farmers and alternatives agriculture, which can provide solutions to many of the global challenges we are facing. To support these, we should promote local food systems and strengthen networks for farming with dignity, integrity and self-reliance.

Key Recommendations

We call on our governments to:

1. Oppose land and resource grabbing and support the Human Right to Food.  Implement the Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries, and Forests.  These Guidelines are an important first step in protecting the tenure rights of small-scale food producers and ensuring a more equitable governance of natural resources.

2. Support the on-going process at the UN level of the recognition of the Rights of Peasants.

3. Respect human rights in its trade, agricultural, energy, development, environmental, land and water policies.  The EU should investigate the impact of its trade policies, such as the Everything But Arms agreement, which has evicted thousands of people from their land in some countries. 

4. Drop the agro-fuels targets under the Renewable Energy Directive.

5. Support food sovereignty in Asia and Europe, including in the reform process of the EU’s Common Agricultural Policy.

6. Invest in a coherent, progressive, publicly funded rural development strategy.  This investment should focus on the needs of small-scale food producers, rural women, and indigenous peoples. Local and national development plans must fully recognize the rights of local communities to sustainable livelihoods and food sovereignty.  They should protect and respect people’s access to land, water and biodiversity. The Development Agenda must recognize that women traditionally have skills and knowledge for livelihoods that ensure food security for all.

7. Respect the rights of indigenous peoples to their lands, territories and resources as the material, economic, social and cultural base for their collective survival and development.  This includes the full and effective participation of indigenous peoples in decision-making processes relating to development including the requirement for free, prior and informed consent of indigenous peoples in development projects. Lastly, acknowledge the contribution of indigenous peoples in sustainable development through their simple and low carbon lifestyles, their traditional knowledge, indigenous techniques and innovative ways of production.

8. Regulate food speculation by banks and financial market traders as a matter of urgency. By passing legislation to ensure that all futures contracts are cleared through regulated exchanges. Contracts need to be brought out into the open, in the same way that shares are traded on the stock exchange.  There should also be strict limits on the amount that bankers can bet on food prices. Caps should be set on the amount of the market that can be held by the biggest traders, and on the amount of the market that can be held by financial speculators as a whole

3.  Sustainable Energy Production and Use

The current development paradigm, characterized by overproduction and consumption without regard to the earth’s capacity, is incompatible with long-term solutions needed to save the economy and our planet.  Governments should see the climate crisis as an opportunity to embark to a low carbon society  and enable inclusive development by promoting renewable energy access and availability to the most disadvantaged and remote communities.  To understand the cause of climate change and come up with sustainable solutions to the problems linked with the degradation of natural resources and increasing environmental insecurity and injustice, we need to see the connection between the climate crisis and the way societies are organized.  

Access to energy is a fundamental right and not a privilege.  People must have a say in energy governance.  Justice and social transformation should be the measures for even energy distribution between countries and within societies.  Many cases of hydropower dams still show the lack of consensus in viewing the causes of problems and the appropriate solutions needed to address energy poverty.

Market based instruments are emerging as a new development approach which brings environmental resources – the commons – into the current market system under the Green Economy. Payments for environmental services and offsetting are two main ideas behind the approach.  However, they would undermine the shift to genuinely sustainable livelihoods and self-reliance of small-scale farmers and forest communities and on the other hand delay necessary transition to a low carbon society in industrialized nations.  Other solutions proposed under the ‘Green Economy’ include those new technologies which are unproven and unsafe, including GMOs and synthetic biology, nano-technology, bio-fuels and geo-engineering (amongst others) which have a tendency to mainly benefit large corporations.

In particular the carbon market established through international climate policy has led to the promotion of projects, which do not deliver environmental and social benefits, some of them even being harmful to local communities. Moreover, international climate policy has generated a number of false solutions which are unproven, unsafe and unsustainable, such as monoculture plantations, GMOs, geo-engineering and massive biofuel exports / imports jeopardizing food security.

The UN has adopted the UN Declaration on the Rights of Indigenous Peoples (UNDRIPS) rather than insisting that the UN Collaborative Program on Reducing Emissions from Deforestation and Forest Degradation (REDD) complies to UNDRIPs.  There are remaining unresolved issues, which pose questions on the need for REDD.  REDD projects also show a tendency towards militarization in the implementation of projects.  It is proving to become another way to pollute and negatively exploit forest resources.  Indigenous peoples often do not want REDD, they want their rights to live in and manage forests to be upheld; REDD also fails to address climate change.

Lastly, waste generation is a result of negative resource use and waste production from individual and business activities, as well as inadequate governmental policies.  Anything that cannot be re-used, recycled, or re-designed is pollution – a threat to human and planetary existence and a negative legacy to future generations.  Thus it must be eliminated, prevented from being produced or banned from entering the market.

Key Recommendations

We call on our governments to:

1. To fulfil their responsibility to mitigate climate change, pay its ecological debt to poor countries and realise fair sharing of development space, the EU should achieve a major transition to a sustainable energy system, based on renewable energies, energy efficiency and also sufficiency, and therefore speed up and intensify their efforts.

2. Shift the system of production and consumption oriented on continuous expansion and appropriation of nature to a more sustainable and environment-friendly one, which fulfils the needs of people and not corporations.

3. Ensure a political environment where people can confidently participate and discuss their ideas for alternative energy policies and create a participative processes of energy development and production that reflect the concerns and needs of affected communities.

4. Develop and implement effective, socially fair and just policies and measures to promote renewable energy, in particular decentralised installations and systems, transformative solutions to end energy poverty, as well as improved energy efficiency (in both developing and developed countries).

5. Commit to progressing, with urgency, to a nuclear power free world.  This will require decommissioning existing nuclear power stations, stopping the development of planned power stations and taking forward alternatives.

6. Take forward ambitious and serious thinking of how to enable and empower small and very small power producers and to develop policies that will realize up-scaling community based energy systems.

7. Uphold a human rights approach to the governance of natural commons, especially in terms of allocation, distribution and resource management.  Uphold the UN Resolution that states water is a human right and not private property, not a commodity, not a trad able economic good and not simply a factor of production.  Water should not be transformed from a commons to a commodity.

8. Legislate and implement a national waste plan that will reduce waste, phase out non-biodegradable plastics, build infrastructures and mechanisms to reduce, re-use, re-cycle and redesign waste.  Companies and other actors that do not comply with effective and sustainable waste management policies must be held liable or sanctioned.

9. Recognize the right of people and communities in forest areas and their capacity to sustainably use and manage forest resources in preference to global forest-carbon schemes and mechanisms before any development or conservation scheme is considered.

4.  Just Work and Sustainable Livelihoods

Dramatic changes in the context of work and in the forms of labour and employment are happening across Asia and Europe.  Despite the differences – in particular the debt crisis in Europe and the livelihood crisis in Asia caused by investments increasingly based on land and water grabbing - many common features can be identified.  Migration in and between countries, with a risk of trafficking, is increasing in Asia as well as in Europe.  The hopes for job and income security and sustainable livelihoods have not materialized.  Where labour has been formalised, labour standards and workers’ rights are being eroded and Trade Unions and collective bargaining are being weakened.  The power and profits of corporations are increasing.  Free Trade Agreements are leading to further erosion of workers rights’ and the dismantling of social protection.  Where growth occurs it is often jobless growth.

The precarious and unprotected forms of labour which are dominant in Asia, informal, casual, contract, and temporary employment have come to Europe.  For the sake of competitiveness and in the interest of investors, the imperative of reducing labour costs is consolidating the trend towards low-waged and insecure employment.  The race to the bottom is speeding up.  Cutting costs in the public sector of many countries is leading to decreases in jobs and in essential social services.  In Europe, the crisis is causing more unemployment, more precarious and vulnerable work, as well as cuts in wages and pensions.  Even in countries less hit by the crisis, the feeling of the majority of the population is a growing insecurity in and of work and about social protection.  At the same time, social inequalities and disparities in wages, income and well-being are growing with a mounting number of working poor and millionaires/’super-rich’.

This overall restructuring of labour and labour markets in different contexts makes it impossible to still draw clear lines between formal and informal, secure and insecure, paid and unpaid work.  A concept of justice in work has to go beyond rules and regulations for waged labour and include all work outside of the market, balance the inequalities between women and men, care work and industrial work, and protect local communities and migrants' rights.  It is necessary to think much more outside of the box, search for new forms of organisation and for different economic paths which head towards an economy of solidarity, and socially, gender and environmentally just and sustainable livelihoods.  

A few Transnational Corporations (TNCs) control 40 per cent of the global economy.  Bilateral investment treaties and investment chapters in the Free Trade Agreements (FTAs) are part of an architecture of impunity for transnational corporations (TNCs) and as such undermine the sovereignty of both developed and developing countries, democratic governance and peoples’ interests.  They allow corporations to challenge national laws that go against TNCs interests.  TNCs have overturned laws and national policies including regulations to protect public services, the environment, working conditions, labour standards and health.

Tourism is a huge industry and a key driver of globalization.  With the growth of tourism, the social, economic, political and cultural rights of local communities are often neglected and violated, particularly those of poor and vulnerable communities.  They see their land and resources being appropriated by the tourism industry, while they often do not have any say in the development affecting their lives.

We recognize that Trade Unions, community organizations, social movements and NGOs can join together to develop new alliances, which can join different issues and link across sectors and between countries. Social movements and workers’ organizations have to work with governments to develop a people centres ASEAN social charter that can enable just work, sustainable livelihoods and universal social protection.

Key Recommendations

We call on our governments to:

1. Ratify, if not yet ratifies, the ILO Conventions on Domestic Workers, on Migrant Workers, on the right to organize, and right to collective bargaining , the Core Labour Standards (CLS), and ensure that appropriate and consistent national legislation is passed and becomes a reality.

2. Recognize that all workers, irrespective of their nationality or legal status, shall have the right to labour rights, including a right to form and/or join trade unions and collective bargaining, consistent with the international Core Labour Standards.

3. Fully implement their commitments made at the Potsdam ASEM Labour Ministerial (September 2006) including ILO Core Labour Standards, especially in the context of continuing erosion of formal labour rights, collective bargaining and Trade Union rights in some countries.

4. Implement more redistributive policies, including minimum wages, and a progressive tax regime which implies an income ceiling and can decrease inequality in the context of growing inequalities in wages, income and social security in all Asian and European countries.

5. Address the imbalance between production and social reproduction.  Policies for gender equality have to cover both the labour market and the unpaid care economy.  We call on European governments to reaffirm their commitments to affordable and accessible public services.  We condemn the on-going privatization of social services and call for a reversal.  Paid and unpaid care and social reproductive work should be recognized as productive and valuable work.

6. Put the interests of people before corporate profit and greed.  We demand the immediate halt of negotiations for new investment agreements (BITs and FTAs), and the termination of existing ones.  We recommend governments that do not have the chance to terminate the agreements, at the very least, to re-negotiate them and exclude investor-state dispute settlement mechanism.  We demand governments to end corporate impunity and impose binding obligations on corporations that prioritize human, economic, environmental, labour and social rights.

7. Work with social movements and workers’ organisations to develop a people-centred ASEAN social charter that can enable just work, sustainable livelihoods and universal social protection.

8. To recognise there are human rights abuses related to tourism, commercial, trade and industrial activities, to strengthen solidarity with affected communities and to build alliances to advocate for change.  Governments must ensure that human rights are respected and that people can participate in decision-making processes affecting their lives. No development must lead to evictions or displacement of people from their land, natural resources and livelihoods, violating their human rights.  Governments must enforce adequate regulations to protect their population against all kinds of human rights violations.

9. Ratify the UN Convention on the Protection of Rights and Well Being of Migrant Workers and members of their families and other relevant conventions as a minimum requirement for protecting the rights, decent work and well being of migrant workers.  Recognize and protect the rights of migrant domestic workers and provide for the protection of their labour and human rights – in consultation with civil society and trade unions.

10.  Standardize the human rights of migrant workers in regional bodies in a way that adheres to and adds value to international human rights standards such as Convention on the Rights of Migrant Workers and their Families, International Labour Organization, and Convention on the Elimination of All Forms of Discrimination against Women. This includes a standardization of procedures and process for labour migration to prevent discrimination based on gender, health, civil status and nationality.

11.  Articulate progressive policies on sexual and reproductive health and rights of migrants and migrant workers, especially women, ensuring individual self-determination of body, sexuality and mobility in the whole process of migration.

12.  Ensure the right of marriage migrants to marriage, citizenship, family, culture and political participation. This includes raising children according one’s identity and culture, instead of being imposed an assimilation policy.

13.  Recognize, respect and protect diaspora communities by establishing and institutionalizing policies and programs , (with regular and adequate budgets), including complaint mechanisms and inter-country cooperation, and gender-sensitive services that can protect migrants including marriage migrants from abuse and exploitation.

14.  End the criminalization of migrants and refugees. Implement human rights in dealing with: children, asylum seekers, pregnant women, the elderly, people with disabilities, people with special medical needs, or victims of trafficking.  Authorities of migrants’ countries of origin shall provide consular assistance and other appropriate support when it is requested by its nationals.  Authorities of the countries of origin shall pressure detaining countries to treat detained migrants humanely and lawfully

15.  To set up an Asia Europe Tripartite Mechanism for the preparation and development of the Asia Europe Instrument on Migrant Workers as well as other labour related instruments and policies.

16.  Abolish short-term or fixed duration employment contracts, and if still needed in exceptional situation should be limited in their use.

17.  Abolish manpower/labour outsourcing and all forms of triangular employment arrangements.

18.  Recognize that human rights defenders, including CSR/TNC compliance monitoring bodies, should issue alerts, lobby companies and governments, raise awareness among the general population and support workers who want to advocate for their rights.

19.  Recognize that trade unions and CSR/TNC monitoring bodies should be encouraged to lobby governments to ensure that trade agreements include guarantees for labour conditions and rights of workers. Ensure mechanisms which are mandatory, accountable and transparent, which can complement existing law or enhance them. Develop a collaborative mechanism between all sectors and actors.

20.  When government and/or ASEAM have discussions and engagements with investors, trade unions must always be part of the process.

The AEPF9’s participants also noted that the peace, security and people’s solidarity are the preconditions for Poverty Reduction and Sustainable Development. 

Key Recommendations

We call on our governments to:

1. Develop long term solutions to promote peace, human security and sustainable development by addressing the root causes of violent conflicts e.g. non-respect of minorities that prioritise non-violent means of conflict resolution, people-to-people interactions, use of international laws and regional co-operation.

2. Recognise and address security threats both multilaterally and multi-dimensionally through the United Nations, and adhere to principles of international law.

3. Establish an inter-regional conflict resolution mechanism to develop common visions on foreign policy and security, based on respect for national sovereignty and human rights.

4. Fully implement UNSC Resolution 1325 that recognises women are both disproportionately affected by conflict and key actors in promoting peace, reconstruction and reconciliation.

5. In tackling religious extremism, give special emphasis to the role of education and inter- and intra-convictional/faith dialogues at all levels. Ensure full freedom of expression and information to enable rational debate and understanding.

6. Enact national legislation to guarantee full and public disclosure of government defence, arms exports and security budgets.

7. Cut military expenditure that is being funded at the expense of health and education programs.

8. Use the Non-Proliferation Treaty as the basis of regional co-operation and take steps to denuclearize Europe and Asia while striving for a nuclear free world.

9. Take primary responsibility to control the trade and proliferation of arms. Develop and agree transparent and binding mechanisms, overseen by the UN, to control arms imports and exports.

10.  Support of the implementation Cluster Munitions Convention. Support the clearance Unexploded Ordinance (UXO) and the rehabilitation of affected women, men, children and communities.

11.  Introduce legislation to make the European Code of Conduct on Arms Exports legally binding (with respect to European Union member states) and take steps to negotiate a Code of Conduct (with respect to states in Asia).

12.  Support and protect survivors of the use and effects of weapons of mass destruction. Hold companies responsible for the production of weapons of mass destruction and toxic chemicals to account so that victims are compensated.

13.  Develop and support mechanisms for trauma healing and social reconciliation as part of post-conflict reconstruction.

progress report for last six month -CCFD

Freedom to the Nation, Resettlement to the Internally Displaced People
Narrative report for six month [01.01.2012 to 30.06.2012]
Overview: Political & Human Rights context in Sri Lanka
In post war SL during the past three years since May 2009, SL people experienced serious human rights violations, challenge to freedom of expression, erosion of rule of law, degradation of minority rights and democratic rights of the citizens in Sri Lanka. The oppressive mechanisms implemented during the war have been continued and sometimes intensified in many areas in the north and the east as well as in the south. There were 29 killings of media personal, more than 55 journalists moved out from the country as political exiles, several people were brutally assaulted, 5 media stations were burnt within 3 years and all these examples of the least or lack of space for the dissent and critical dialogue in SL society. The levels of abductions were alarmingly increased and within 6 months there were 59 people abducted and disappeared. Out of this 59 only 3 people were escaped. As media and also the victims themselves had revealed this was due to the involvement of top most political leadership and the secretary to the defence ministry. The rate of abduction was increased to the top within February and March 2012, within 60 days, there were 29 people abducted. This numbers were besides the attempt to abductions and narrowly escaped persons. It is well known fact today, the activists of NAFSO also become targets of abductions and unsuccessful attempt to abduct during the month of February. NAFSO activists were harassed in many ways with intimidations, taken to unpopular 4th floor of the criminal investigation department, questioning of national investigation bureau, surveillance etc were common to the NAFSO activists too with the thousands of others.
The voice of civil society was not heard and the recognition of CSOs was seriously limited. This was due to their continues cry for improvement of human rights, ensure democratic space for citizens, cry for the rights of the ethnic minorities including early yet standard resettlement of the IDPs and secure livelihoods and safety for the women headed families and the children.
However, government attempted to show the development through implementing number of mega development projects both N/E as well as south. Infra structure development programs were carried out with the loans from various countries, mainly from China. The Norochcholai coal power plant, Hambantota commercial harbor, extension of Colombo harbor with land reclamation, southern express high way, Upper Kotmale hydro power project, Moragahakanda reservoir construction and Hambantota international air port development, implementation of 4 express highways connecting Colombo with major cities are some of the examples of this development.
However, the Nagenahira Udanaya and Uthurata Wasanthaya are the main so called development programs in the north and east of Sri Lanka though the people in the area did not consider those as important at the moment. People in the N/E were undergone a brutal war in past 3 decades and what they expect is peace and harmony, decent living, no fear and insecure situation, enhancement of their livelihoods, resettle in a secure place unless they can get their original home and land, protection and income for the children and women who lost their bread winners in the family. The situation of those women and children have not improved even after 3 years of ending war. Resettlement program was not conducted at the speed and standard of it required. People claim this as a relocation rather resettlement. The housing program which was committed by the Indian government was not implemented as it was planned. Although the
Indian government committed to construct 50,000 houses in 2009 just after the war ended, there were only 500 houses constructed up to January 2012. This was revealed when the Indian external affairs minister Mr. Krishna visited SL in January 2012. At the same time, according to the government figures of the women headed families, there was a need to sustain 86,000 women who lost their bread winners in the family. However this was not addressed adequately and still remains a big question mark in the SL society.
When the organized violence increasing in the SL society and the accusations against SL authorities against the war crimes from international community, mainly counter the accusations in the UN Secretary General's report, SL government wanted to clear up the accusations and wanted to have a white wash from their crimes and abuses, and government appointed the LLRC commission to find an internal solution to the ethnic crisis through reconciliation and accountability. In November 2011, the LLRC report was handed over to the President which came up with some unexpected recommendations which could balance the CSO arguments for democratization of SL society in one hand, and the clear the war crimes claimed by the UN secretary general's report. When the LLRC report handed over to the president, it was clear that what SL government expected from the report. They wanted to clear up the war crime accusations from the world. Some critical CSOs over the process and the scope of the commission, did not take part the LLRC process. There were serious criticisms on the way it was appointed, the constituency of the personnel in it, the scope of investigations of the commission and no any trust on the commission and the outcome. But, to the surprise to the same CSOs, the LLRC recommendations were partly covered what CSOs demanding from the SL governments during the decades in the past. But as CSOs we had the experience of most of the appointed commission reports and their recommendations. We did not expect government would implement the recommendations. In that context CSOs had a dilemma how we could force the government to implement the recommendations. So, in this context it was very important the US resolution on Sri Lanka claiming road map to implement the LLRC recommendations as a home grown solution to the crisis and to establish democracy in Sri Lanka. With the way government responded to the US resolution in Geneva, it was very clear the LLRC recommendations would receive the same fate as the previous commissions appointed by the government.
NAFSO together with some other progressive CSOs in SL society started a campaign to demand the implementation of LLRC recommendations. This was done amidst the threats to the organizations, individuals who take a stand to demand to implementation of the LLRC recommendations in SL. Once we started to educate people, the contents of the LLRC recommendations, people realized how much they were mislead by the government lead campaign through media on LLRC recommendations. However, amidst the grave concern on threats to the life and work, NAFSO activists were able to continue their work on IDP, Women Headed Families and Fisher people who wanted to unite as North and South to demand their rights collectively.
It is commendable the work of the NAFSO activists amidst the threats to the life, intimidations and harassments and specifically with the vacuum of the period that the leadership was out of the country for safety. At the same time, NAFSO experience was far beyond the expectations what we as a movement expected the overwhelming support NAFSO received from people, fellow CSOs, media and religious groups in the difficult time of our era. All these gave us further courage and strengthen our commitments and convictions of our engagements to change the oppression and unjust situations in the country today.
Present condition of the Internally Displaced People's in North and East of SRI LANKA
Statistics of Internally Displaced People: Numbers of IDPs in Sri Lanka
The main sources for internal displacement figures in Sri Lanka are government figures as published in the monthly Joint Humanitarian Updates (JHUs) and the Common Humanitarian Action Plans (CHAPs), both issued by the United Nations Office for the Coordination of Humanitarian Affairs (UN OCHA). In addition, estimates of numbers of IDPs in Sri Lanka can be found in news articles and NGO reports.Based on available information, IDMC estimates that as of 31 December 2011 are as follows;
Resettlement / Return Progress of IDPs and Release Movements
Updates on the Remaining [NEW] IDP Statistics
As at 31.05.2012
NO
Inside the Relief Village
No of Families
No of Persons
01
Kadirgamar
769
2,562
02
Anandakumarasawmi (Zone 1)
1,032
3,469
Grand Total
1,801
6,031
Note: Under the temporary pass system 2726 IDPs are on free movement.
Absent 5,444 IDPs Shown, not included the present balance of 6031 Note: IDPs in transits from various camps (Vavuniya, Mannar, Jaffna, and Trincomalee) to districts of origin are not reflected due to ongoing return. Produced By : Ministry of Resettlement
According to the above records, there are only 6031 IDPs in SL as of 31 May 2012. However, there is no proper records to challenge those information as none of the NGO/ INGOs are ready to reveal the available information on IDPs. This is one of the challenges we, as NAFSO faced during this period of work. However, the actual situation is totally different to these figures and further we need to study to surface the actual figures. Most of the villages of the returnees to the village of their origin, it is reported in many places that the total number of returnees do not exceed even 25% of the originally inhabitants in those villages. At the same time, the IDPs of 1990s from Jaffna peninsular, mainly from the area of Palali are not counted today as the IDPs in the country. Those people are living in 56 IDPs camps in Jaffna peninsular with the number exceeding 26,000 households.
We want to report in the next progress report how we attempted to expose this situation collectively. However, we would like to send the report we produced and circulated among various levels as an instrument of advocacy on IDPs.
[ANNEX 1: IDP report- GOING BEHIND THE CAMOUFLAGES: Resettlement of the war affected IDPs in Sri Lanka]
"NO MORE IDPs in SL as of 26 September 2012"
Even though we are still talking about the IDPs in SL, this is what the GOSL is announced on 26th September. We want to report and expose the reality of the IDPs in our next report with details and pictures about the IDPs in Sri Lanka.
Women Headed Families:
NAFSO engage in organizing women who are the bread winners of the family as they lost their husbands during the brutal war. It says more than 86,000 women have become bread winners in the family and single mothers should feed the family alone. It is sad since the end of the brutal war women’s lives have not seen a dramatic transformation over the last three years and they have continued to face the challenges of safety, shelter, basic facilities and no land available or Most of them, even not allowed to go back to their own land or home which was their only source of income in the family.
Most of the farmland has been abandoned due to military occupation, high security zones or any other restrictions imposed by the military. Militarization of the everyday lives of people in the north has caused significant problems to women’s security, such as increased insecurity and even rape. In many areas there are no police posts and people need to seek the assistance and permission of the military for their daily needs. This places women in a vulnerable position. The extent of the depth of the crisis could be assessed through the number of ratio of military personnel and the general public in the northern province.
It was recorded there are 1 military person per 9 general public at the beginning of the year 2012. However, a recent report published in Economic and Political Weekly well known as EPW by an independent journalist revealed the ratio is 1:5 and not 1:9 as reported earlier.

Main activities conducted with these IDP Villages in N/E districts in Last six month: Information Collection:
 Collect and update the information from the each village.
 Workshops on Identify the resettlement condition of these villages.
Advocacy Programs:
 Discussion with Administrations and political leaders.
 Net working with other NGOs who work these areas
 Prepare the IDP stranded.
 Strengthen the Focus group discussion in Village level and regional level.
 Discussion for build the WHF federation in DS Divisions.
 Discussion for Identify the self employments projects.
 Advocacy and lobbying activities for getting their rights from the authorities.
 Sharing the reality of the life of WHFs with the Southern Families.
Education Programs:
 Educate the people on the governments programmed to re- register the lands in North and East,
 Work shop on Stress management and develop communication skills.
 Primary Health care training for the Women,
 Education on primary Law of women and general lows related to the IDP right.
 Education on Climate changes and food sovereignty.
 Training on basic Human rights,
 Discussion on find out the condition of the Missing Persons, Detainees and Political Prisoners in these villages.
Media Programs:
 Media discussions in district level.
Focus group discussion
We formed the15 focus groups in village level and three regional level groups in 2011 program. So there was a continuation for this year too. However, Jaffna and Killinochchi districts FGD did not continue regularly as expected. Village level FG meeting and Regional FGD were held in Mannar and Trincomalee every month. But in communities at Ampara and Batticaloa, they also do the village level and regional level meetings but not in regular basis. In each group they have selected five members in each village for the regional FGD. When they meet they planned for the coming month and share the responsibilities among the team. When they meet they plan out their activities according to their main issues that they have already identified.
Specific activities that FGD work out in last six month
01.To write letters to the Authorities for asking the basic need.
There are some interventions by the people of Mullikullam and they wrote letters continuously demanding to go back to their own place. Now they are on the process of getting their rights. Karamaleuththi people, in Trincomalle district are asking to cancel the pass system and give the freedom for the fishing operations. Sangamam people are asking the drinking water facilities from the government authorities. Valikakandi,Sangamam, Kirikunchimalai, people are asking a housing project from the government. All the WHF Families asking the livelihood program from the authorities. Still no positive answers. Thunpalachcholai and Kannagipuram WHF wrote letters asking their bread winners who disappeared after the 2009 .

02.Discussion with local government and DS on the livelihood and housing program .
Trincomalee district in Town and Gravette local government and DS asking repair the Tanks in Vilamkulam and Muthunagaer. Project passed for the Vilankulam tank.
Fishermen of Salli village area asking permission to do fishing around the Pigeon Island in Nilaweli area which is banned at the moment and out of bounds for fishermen.
Housing project for the Kirikunchimalai,Valikakandi[Chankaladi DS division and LG, Sangamam]
Land ownership for the Muthunagaer .Karamalaiuththu,Pumbuhar ,Mahamayapura

03.To meet several department officers and hand over the letters on their issues .
People mediated with the department of agriculture, fisheries, land, social services, women development, health, national housing authority, and electricity for their basic needs fulfilment.

04.FGD leaders and WHF leaders meet political leaders.
Local government from Town and Gravette in Trincomali to discuss the basic needs and livelihood projects. Hand over the petition to the chief minister of the provincial council in eastern province. <http://wodep.blogspot.com/2012_04_01_archive.html>
Some examples -100 metres road repaired in Vilamkulam.
Pasale people got one solar power plant for the one place in 50 houses village.
Pasale, Sangamm,and Mullikulam people got the Drinking water from the
local governments,
Two PHI officers were appointed for the Musali Division

05.Media briefing . <http://wodep.blogspot.com/2012_01_01_archive.html>

06.Conduct the shramadana work in their villages
Vilamkulam road preparation ,Kaplathurai farming area ,Muthunagaer E/H .Salli water logged area, Urumirai farming area, Valikakandi Hindu temple area,

Outcome of the activities
01. Secondary leadership is building up in each of the village.


02. They could get attention from the Government officers and political leaders .
At the beginning people did not work as a team. So they fought their issues alone. But now they fight as a team for their rights. So government officers and political leaders have to involve in people activities. In the same time leaders got chance to participate the DS office meetings where they express their concerns on development and resettlement.

03.Mannar,Trinco,Batti and Ampara villages could get some basic needs Such as
Drinking water project [Kannagipuram] ,Water tanks[Sangaman], ,Roads[Vilmkulam] ,Electricity fence for the Human elephant issue in Vlikakanadi, Small Animal husbandry projects for the Valikakandi. Tube well for the Karamaleuththi and Vilamkulam villages.

04.To get relief from the other unit in the NAFSO and civil organizations. <http://wodep.blogspot.com/2012_03_01_archive.html>
a. 25 WHFs in each district got the six month dry ration packet and food sovereignty training for the women

05. Home garden facilities from the Divinaguma project conducted by the government.
All the members got the one seed packet and one Kg of fertilizer for the home garden in Trincomalee district. In Ampara district 3 village members and Baticoloa district four village families got the chances.

06.After discussion with Ampara district political leader Mr.Piyasena Gamage they cloud get water project for the Kannagipuram and he promise them that he give attention for the housing project also .In the same time Sangamam people could get two drinking water tanks for the village .

07.After the Media briefing the chief minister if eastern rovince paid attention for the WHFs livelihood program. So he asked the details in each districts and Batticoloa details already hand over. He has come to meet Valikakandi people and promised to repair roads, facilities for the primary school and promised to discuss with other government department for getting livelihood project and housing project. <http://wodep.blogspot.com/2012_05_01_archive.html>

08.People repaired their roads giving free labour work in Sangamam and Valikakandi

09.Government start to prepare National budget for the 2013 .So after getting knowledge from the NAFSO team, they have given their suggestions for the budget and send to the President and District DS .

10. International community highlighting the issues Mullikulam ,Tunpalacholi and Valikakandi and other IDPs in SRILANKA and publicize the IDPs issues in local and international news papers and web sites.[ www.asianews.it/ www.nafso-online.org/ nafsoonline.blogspot.com/ http://www.colombopage.com/ www.lankaenews.com
News papers named Ravaya,Lankadeepaya,Udayam,Dinakaral Daly mirror.

Federation of Women headed families
We felt most of the WHF members lost their freedom, security, livelihood, and future hopes from last year activities. So as an outcome of the project in last year they proposed that they should get together to demonstrate that they are not isolated. So we had paid more attention of the issues and addressed them among them. We have given above trainings for the WHF members in every district except Killinochchi. As a result of the educations in Mannar and Trincomalee WHF members started to build the federation in DS level. DS of Trincomalee has given fully support for the federation. Field officer and team of Mannar discussed with DS and also got the positive answer from the DS. In other district field officers were also planned to meet DSs.
Missing Persons, Detainees and Political Prisoners- A critical issue faced by number of families in the north, particularly women in the north and the east is that of the missing of husbands, sons, and other family members. The Government has failed to provide these families any system of recourse to help them trace their family members. Especially Thumpalaichole in Baticoloa district, 12 women have handed over all documents but still government failed to give any positive answer. So they had attended media briefing and met political leaders. Still they are campaigning for find their husbands. Now the women feel that they are not alone because five villages getting together for their rights.
Net working Sri Lankan government shows a positive picture to the world that they have completed the resettlements of all IDP people with the accepted standards. But reality is different to the accepted norms and we are challenging the government reports with our networking process. For that we are attempting to build vast spread net work in human rights sector in SL. We had started getting together and as a result of that we have contributed to the UPR shadow report of SL. We added the IDP issues in UPR report which we submitted the report to Geneva. At the same time we collaborated with human rights organizations to protect, respect and fulfill IDP rights. People of North and East participated media conference which was organized by CSOs in South and highlights their issues.
The Anthropological Survey among Women Headed Families [ongoing]
There is a dialogue among NAFSO circles, specifically in the northern and eastern regional bodies on women headed families and fulfill their real needs. There is a criticism saying that some of the women who lost their bread winner in the family, those who essentially need the support for their survival do not receive adequate support while some women those who need not such support receive external support. As a result, the vulnerable women who need the support have been marginalized and continuing the pathetic situation. The partner organizations which support to conduct IDP and women program in N/E districts proposed to conduct an anthropological survey among women groups with whom the NAFSO carry out their work.
The aim of the anthropological survey is to identify the social fabric, the connections of this families, relationships in local and international of those communities in the N/E and specifically among the women groups who lost the bread winner of the family.
There were series of discussions held among the NAFSO activists and understood the real need of the survey. So, the dialogue was extended with the sociology lecturer in Jaffna University. NAFSO team members visited the home of the senior lecturer call Mr. Rajeshkanan. He agreed certain terms and the work which NAFSO expect to conduct among the women groups in N/E region. We discussed the work among the coordinators and the volunteers of NAFSO and agreed the plan to be carried out the survey too.
With our surprise, Mr. Rajeskanan stopped the communication with the NAFSO team and the field team of Jaffna as well. We are in a serious difficulty as we need to continue the work and no positive response from the lecturer to implement the planned activities among the women groups. Finally we decided to conduct the survey before the October getting technical support from an anthropologist from the south. The work has been carried out at the moment.

Resettlement standards
When we see the statistics of the resettlement people think that more than 90% IDPs have been resettled by now. [This is totally different story now as government says there is no more IDPs in the country any more.] But what is the reality of the IDPs? Are they completely resettled the people? At our field visits and discussions with the people they say that was not a resettlement but relocated. Mullikulam people lived at Thalvupadu, Mannar town and Valkaipettrankandal up to last month. But because of the advocacy and net working they could move to Marichchikattu in Musali division.[Whole story attach at the end of the report] government never discussed any thing about the old IDPs who lost their land and home in 1990. Those people are living in 56 IDP camps in Palali, in North / East of Jaffna district. We discussed all most all of our working villages on the IDP standards which we developed. We discussed these in our FG meetings and finally we came up with the suggestions as below;
The Standards of IDPs prepared by the affected People
 The freedom is paramount important to the IDPs.
 Basic facilities such as land, House, Water, Toilets, Education and Health facilities should be provided before they resettled by the government.
 There should be a proper plan for the livelihood development program.
 Government should provide dry rations to the resettled people till the people find a proper employment government.
 Need to provide space for collaborative actions with the people who are living in the area.
 Follow the International standard for the resettlement.
 Need to provide special living assistance and security to the women headed families.

During the coordinators and field officers meeting we could analyzed these Standards according to the UN Conventions and State bindings of Sri Lankan Government
Education on Human right Violations
 Displacement – ICESCR Part 1, Article 1
 Torture – UDHR Article 5
 Arbitrary Arrest – UDHR Article 9, 10,
 No Compensation / No Rehabilitation - ICESCR Part 1, Article 1
 No Freedom of Association – UDHR Article 20, ICERD Article 5, ICCPR Article 22
 No Freedom of Organization – ICESCR Article 8
 No Equality – UDHR Article 6
 Right to Life – UDHR Article 3, ICCPR Article 6
 Right to Food – UDHR Article 25, ICESCR Article 11, CEDAW Article 12, 14
 Right to Water – UDHR Article 25, ICESCR Article 1, 11, 12, CEDAW Article 14
 Right to Resources – UDHR Article 17
 Right to Health – UDHR Article 25, ICESCR Article 10, 12, CEDAW Article 11, 12, 14
 Right to Shelter / Land – UDHR Article 17,
 Right to Livelihood – ICESCR Article 3,5, 6, 7,9, 11, UDHR Article 2, 4, 17, CEDAW
Article 11, 13, 14
 Right to Information / Right to Free, Prior, Informed Consent – UDHR Article 19
State bindings of Sri Lankan Government
Freedom from Torture.
11. No person shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
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
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.
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.
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.
Challenges
a. Conflict with certain groups
After the war people relocated their places or other places .Then political leaders enter the villages and they give some facilities only selected team due to this process separations started among the people .So they lost their unity.
b. Pressure and fear from the state specially form the political leaders, security forces and unknown teams.
c. Restriction on Accessibility
d. Natural or man-made disasters
f. Absence of relevant laws such as 13th amendment, devolution of power.
g. Lack of moral and financial support
Main focus for the next six month 01. Conduct campaign for the resettlement of Mullikulam people 02. Promotion of leadership and decision making capacities through motivation and human right which we already identify from the UN conventions, training for the FG Leaders. 03. To conduct the anthropological survey and implement livelihood project for the WHFs. 04. Strengthen the Network building – The community will be facilitated to build network with other communities in the country who are facing the same issues. They will also be connected to other actors who are working on promotion of rights of people. 05. Conduct, joint and participate the UPR report campaign which was prepared by CSO. 06. Demands IDP issues at Eastern province elections. [Discussions with candidates, awareness the public through hand out.] 07. Build up the new strategies for the Kilinochchi and Jaffna districts to motivate the people. To get support from the Religious leaders. Strategies
e. People-centred approach – community voice and issue will come up
f. Making informed Choices – People have the right to decide, deliberate and disagree
g. Sustainability of Actions – The actions taken will lead towards the overall objective
h. Representation of all sections – equal participation of women, children and other minorities will be the core of decision making and implementation
i. On-line campaigns - Will serve to a large audience
j. Signature Campaigns – Will enhance representation, participation and act as a pressure group
k. Networking with different actors and sections – Networking with national, regional or international actors

Case study – Resettlement of Sri Lankan IDPs The Mullikulam village is located at Musali divisional.secretariat division, in Mannar district in the northern province of Sri Lanka. The first settlers of Mullikulam village were lived since 1800 A.D. They are 100% Tamil by ethnicity and Catholics as their religious background. People were living with agriculture and fishing for their livelihood. Villagers have permanent deeds for agriculture lands mainly paddy fields up to 1200 acres of land within the village. They were rain fed by 5 tanks and water provided with major irrigation scheme with one tank in the village. Fishing was the other major occupation for most of the villages.
Mullikulam people were displaced in 1990 in first time in the history. They were displaced till 2002 the time of Memorandum Of Understanding, the peace agreement signed between Government Of Sri Lanka and LTTE. They were able to live in their village only 5 years and they became displaced again in 2007. When the final war began, military approached the people and said to vacate their homes immediately and without carrying anything. The promise was given to them that they will be returned home within 3 days and no need to bring anything belong to them. On the 7th September 2007, they vacated their houses with empty hands and have been living in many places around Mannar nearly 5 years now. There were more than 400 families living in Mullikulam when they were evicted. Most of them were living in Thalvupadu, Valkeipetrankandal, Thalaimannar, Nanattam, Madukkarai, and also at Mannar town for the displaced period. In Mullikulam area, there is a proposal to establish a naval base which needs 1000 hectares as Ravaya news paper, one national weekly reported. The 3 decades elongated brutal war caused serious damage to the lives and violated Mullikulam community's social, economic, cultural, environmental and political rights seriously. However, the demand of the people was to get back to their own houses in Mullikulam village.
They were attempted to get back to their own houses with the support of Bishop of Mannar, parish priest of Silavaturai and other priests of the diocese, many other officials including district secretary, divisional secretary, navy area commanders and NGOs Specially NAFSO involved with them. Due to the demand of the people, Bishop of Mannar together with other bishops approached the President and expected to find a solution. However, there was no positive response except the secretary to the defense ministry had agreed to visit the place and find a solution but there was no substantial response received by the community.
Millikulam people had attempted many ways to regain their land and homes back. They had approached all possible politician including the president, Resettlement minister, Ministerial officials, also approached all possible district government officials including district secretary of Mannar, divisional secretary of Musali, Navy commanders in the district, secretary of defense ministry, UNHCR, and church leaders. In August 2011, they organized a peaceful march in Mannar town, submit petitions to the authorities demanding their land back, called media conference, attended many of the meetings in the south to express their grievances and seek the assistance from the southern brothers and sisters concern. For these actions NAFSO supported and educated the people for organizing, networking, advocacy & lobby process. In fact NAFSO together with LST and few other local organizations have reported the case of Mullikulam people at the Universal Periodic Review [UPR], at Geneva last April. This will be taken up at the UPR sessions on Sri Lanka this October/ November. However, there was no positive response received from the authorities giving signal to resettle in their own village. When they got the leadership for their rights they were faced threaten from political sectors and government authorities but they never give up their target to resettle their own lands. In the mean time, these people were permitted to go to neighboring village. In a meeting the additional district secretary of Mannar expressed, "Mullikkulam people can go and resettle near Mullikkulam."
After long attempts, people are tired with all the burdens. They have made their minds to face the situation and had decided to go back to nearer village of Mullikulam which is Manangkadu and Periyakulam. However, so far they were not allowed to settle the place where they expected.
So they decided to settle at Marichchikattu with the aim of settle at Manangkadu village which is adjacent village of Mullikulam, since 15th June 2012.
Mullikulam people said they need to build their lives again after 22 years. So, now there are 212 families with 425 households come to the Marichchikattu jungle and stayed without any basic facilities. Sri Lanka Navy forces had put up two toilets and has provided one water tank which filled with drinking water on daily basis. So, these people request to help for building their livelihood again so they need fishing boats, nets, engines, lamps, water cans, mosquito nets, dry rations, kerosene and other basic materials for living etc.
NAFSO field officer work with these people to find out the basic needs. We have given dry rations for two weeks. In the same time we have done media actions to show the world for getting their facilities and pressure the government to give their basic facilities.
It is unbearable discrimination without any reason they were not allowed to return their original places. Government should think twice before they implement this type of decisions with the people who were badly affected by a brutal war. They should also be gained the dividends of peace in the country as proclaimed by the politicians and people always. So NAFSO has started lobbying to implement the LLRC recommendation too.

we conducted the Anthropological survey in Trinco,Batticoloa,Mannar and Jaffna

We conducted the Anthropological survey in Trinco,Batticoloa,Mannar and Jaffna . Sociologist Mr Suni Ranashinha and Mr .Priyankara went to Trincomali[Muthunagaer and Salli] last 27 and 28 of September  for village level discussion.Then 01 and 02 of October   we went Mannar[Mullikulam and Pesali]  for village level discussions. Our field officers met each family and they have taken information on the village history and their life pattern.

 discussion with Mullikulam people