COUNTRY OF ORIGIN INFORMATION REPORT SRI LANKA

Transcription

1 COUNTRY OF ORIGIN INFORMATION REPORT SRI LANKA 11 MAY 2007 Border & Immigration Agency COUNTRY OF ORIGIN INFORMATION SERVICE

2

3 11 MAY 2007 SRI LANKA Contents PREFACE Latest News EVENTS IN SRI LANKA, FROM 1 APRIL 2007 TO 30 APRIL 2007 REPORTS ON SRI LANKA PUBLISHED OR ACCESSED BETWEEN 1 AND 30 APRIL 2007 Background Information Paragraphs 1. GEOGRAPHY Map ECONOMY HISTORY The Internal conflict and the peace process RECENT DEVELOPMENTS Useful sources CONSTITUTION POLITICAL SYSTEM Human Rights 7. INTRODUCTION SECURITY FORCES Police Arbitrary arrest and detention Cordon and search operations Disappearances/Abductions Torture Extra-judicial killings Armed forces Arbitrary arrest and detention Torture Extra-judicial killings Avenues of complaint Human Rights Commission of Sri Lanka (HRCSL) Other issues MILITARY SERVICE ABUSES BY NON-GOVERNMENT ARMED FORCES Arbitrary arrest and detention Torture Extra-judicial killings Forced conscription JUDICIARY Organisation Independence Fair trial ARREST AND DETENTION LEGAL RIGHTS Bail/Reporting conditions Arrest warrants This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April

4 SRI LANKA 11 MAY PRISON CONDITIONS DEATH PENALTY POLITICAL AFFILIATION Freedom of political expression Freedom of association and assembly Opposition groups and political activists FREEDOM OF SPEECH AND MEDIA Journalists Internet freedom HUMAN RIGHTS INSTITUTIONS, ORGANISATIONS AND ACTIVISTS CORRUPTION FREEDOM OF RELIGION Buddhists Hindus Muslims Christians ETHNIC GROUPS Sinhalese Tamils Up-Country Tamils Muslims Indigenous people LESBIAN, GAY, BISEXUAL AND TRANSGENDER PERSONS Legal rights Government attitudes Societal ill-treatment or discrimination DISABILITY WOMEN Legal rights Political rights Social and economic rights Violence against women CHILDREN General information Education Child care Child soldiers TRAFFICKING MEDICAL ISSUES Overview of availability of medical treatment and drugs HIV/AIDS anti-retroviral treatment Cancer treatment Kidney dialysis Mental health HUMANITARIAN ISSUES FREEDOM OF MOVEMENT INTERNALLY DISPLACED PEOPLE (IDPS) FOREIGN REFUGEES CITIZENSHIP AND NATIONALITY Identity cards and travel documents EXIT ENTRY PROCEDURES Treatment of returned failed asylum seekers EMPLOYMENT RIGHTS This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April 2007.

5 11 MAY 2007 SRI LANKA Annexes Annex A Chronology of major events Annex B - Timelines Annex C Political organisations Annex D Prominent people Annex E Fatalities by district Annex F Incidents of violence between the LTTE and the Karuna faction Annex G List of abbreviations Annex H References to source material This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April

6 SRI LANKA 11 MAY 2007 Preface i ii iii iv v vi This Country of Origin Information Report (COI Report) has been produced by Research, Development and Statistics (RDS), Home Office, for use by officials involved in the asylum/human rights determination process. The Report provides general background information about the issues most commonly raised in asylum/human rights claims made in the United Kingdom. The main body of the report includes information available up to 31 March The latest news section contains further brief information on events and reports accessed from 1 April to 30 April The Report is compiled wholly from material produced by a wide range of recognised external information sources and does not contain any Home Office opinion or policy. All information in the Report is attributed, throughout the text, to the original source material, which is made available to those working in the asylum/human rights determination process. The Report aims to provide a brief summary of the source material identified, focusing on the main issues raised in asylum and human rights applications. It is not intended to be a detailed or comprehensive survey. For a more detailed account, the relevant source documents should be examined directly. The structure and format of the COI Report reflects the way it is used by Home Office caseworkers and appeals presenting officers, who require quick electronic access to information on specific issues and use the contents page to go directly to the subject required. Key issues are usually covered in some depth within a dedicated section, but may also be referred to briefly in several other sections. Some repetition is therefore inherent in the structure of the Report. The information included in this COI Report is limited to that which can be identified from source documents. While every effort is made to cover all relevant aspects of a particular topic, it is not always possible to obtain the information concerned. For this reason, it is important to note that information included in the Report should not be taken to imply anything beyond what is actually stated. For example, if it is stated that a particular law has been passed, this should not be taken to imply that it has been effectively implemented unless stated. As noted above, the Report is a collation of material produced by a number of reliable information sources. In compiling the Report, no attempt has been made to resolve discrepancies between information provided in different source documents. For example, different source documents often contain different versions of names and spellings of individuals, places and political parties etc. COI Reports do not aim to bring consistency of spelling, but to reflect faithfully the spellings used in the original source documents. Similarly, figures given in different source documents sometimes vary and these are simply quoted as per the original text. The term sic has been used in this document only to denote incorrect spellings or typographical errors in quoted text; its use is not intended to imply any comment on the content of the material. 4 This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April 2007.

7 11 MAY 2007 SRI LANKA vii viii ix x The Report is based substantially upon source documents issued during the previous two years. However, some older source documents may have been included because they contain relevant information not available in more recent documents. All sources contain information considered relevant at the time this Report was issued. This COI Report and the accompanying source material are public documents. All COI Reports are published on the RDS section of the Home Office website and the great majority of the source material for the Report is readily available in the public domain. Where the source documents identified in the Report are available in electronic form, the relevant web link has been included, together with the date that the link was accessed. Copies of less accessible source documents, such as those provided by government offices or subscription services, are available from the Home Office upon request. COI Reports are published regularly on the top 20 asylum intake countries. COI Bulletins are produced on lower asylum intake countries according to operational need. Home Office officials also have constant access to an information request service for specific enquiries. In producing this COI Report, the Home Office has sought to provide an accurate, balanced summary of the available source material. Any comments regarding this Report or suggestions for additional source material are very welcome and should be submitted to the Home Office as below. Country of Origin Information Service Home Office Apollo House 36 Wellesley Road Croydon CR9 3RR United Kingdom cois@homeoffice.gsi.gov.uk Website: ADVISORY PANEL ON COUNTRY INFORMATION xi xii The independent Advisory Panel on Country Information was established under the Nationality, Immigration and Asylum Act 2002 to make recommendations to the Home Secretary about the content of the Home Office s country of origin information material. The Advisory Panel welcomes all feedback on the Home Office s COI Reports and other country of origin information material. Information about the Panel s work can be found on its website at It is not the function of the Advisory Panel to endorse any Home Office material or procedures. In the course of its work, the Advisory Panel directly reviews the content of selected individual Home Office COI Reports, but neither the fact that such a review has been undertaken, nor any comments made, should be taken to imply endorsement of the material. Some of the material examined by the Panel relates to countries designated or proposed for designation for the Non-Suspensive Appeals (NSA) list. In such cases, the Panel s work should not be taken to imply any endorsement of the decision or This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April

8 SRI LANKA 11 MAY 2007 proposal to designate a particular country for NSA, nor of the NSA process itself. Advisory Panel on Country Information apci@homeoffice.gsi.gov.uk Website: Return to Contents Go to list of sources 6 This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April 2007.

9 11 MAY 2007 SRI LANKA Latest News EVENTS IN SRI LANKA, FROM 1 APRIL 2007 TO 30 APRIL April Selvarajah Rajivarnam, a young reporter employed by the Tamil daily Uthayan, was gunned down near the newspaper s office in the northern city of Jaffna. Reporters Without Borders noted that he was the second journalist to be killed in a government-controlled area in the past ten days. Reporters Without Borders, Young reporter with Tamil newspaper murdered in Jaffna 30 April Date accessed 3 May April Tamil Tiger rebels carried out an air raid with a light aircraft on the capital Colombo with relatively little damage. The raid was the LTTE s third aerial attack after the first on a Colombo airbase in March 2007 and a second attack on 24 April BBC News, Sri Lanka rebels in new air raid, 29 April Date accessed 30 April 2007 Financial Times, Tigers air attack rattles Colombo, 30 April Date accessed 2 May April According to the pro-ltte website TamiNet, 16 civilians (the majority of them Tamils) were arrested in a cordon and search operation conducted in Colombo city by Sri Lanka s security forces and 12 of them were taken into custody for alleged involvement in terrorist activities. TamilNet, 16 civilians arrested in Colombo, 28 April Date accessed 3 May April A news note issued by UNICEF said that the Karuna faction had not been taking seriously its public assurance that it was not recruiting children. It was also reported that, as of the end of March 2007, out of 285 children known to have been recruited by the Karuna faction, there were 194 outstanding reported cases. UNICEF says Karuna faction not serious about child releases, 27 April Date accessed 30 April April Heavy fighting between government troops and Tamil Tiger rebels was reported in the north-west of the country. According to the military, at least 20 rebels were killed with the loss of two soldiers near the coastal town of Mannar and 40 wounded on both sides. According to the Tamil Tigers, ten soldiers were killed and another 50 wounded. BBC News, Fighting rages in north Sri Lanka, 25 April Date accessed 26 April 2007 This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April

10 SRI LANKA 11 MAY 2007 It was announced that the Government of Sri Lanka had taken steps to re-circulate the Presidential directives of 7 July 2006 on the protection of the Fundamental Rights of persons arrested and/or detained. Department of Government Information (The Official Government News Portal of Sri Lanka), Presidential directives on Fundamental Rights re-circulated, 25 April Date accessed 25 April April An air attack was launched by the Tamil Tiger rebels on the Sri Lankan military's main base in Palaly in the northern Jaffna peninsula, killing at least six soldiers. BBC News, Tamil Tigers in deadly air attack, 24 April Date accessed 25 April April The International Commission of Jurists (ICJ) released the report of its observer on the inquest into the killings of 17 aid workers killed in August 2006 in Muttur. According to the report, there were significant flaws in the investigation carried out by the Sri Lankan police and the Criminal Investigation Department (CID). International Commission of Jurists, Sri Lanka - ICJ inquest observer finds flaws in investigation into killing of ACF aid workers, 23 April Date accessed 2 May April Reporters Without Borders called on the Sri Lankan government to order an investigation into the murder of the Tamil journalist Chandrabose Suthaharan on 16 April in the northern town of Vavuniya. Reporters Without Borders, Tamil journalist murdered in government-controlled zone, 20 April Date accessed 3 May April It was reported that some of an estimated 40,000 Trincomalee residents displaced in the south mainly in the Batticaloa District, as the conflict intensified in 2006 were in the process of returning to their home areas. However, it was also reported that IDPs had said they had been urged by the authorities to leave the Kiliveddy refugee camp for their former homes only to quickly return after finding out the situation was not conducive to their return. IRIN News, Sri Lanka: IDPs in transit centre face uncertain future, 18 April Date accessed 24 April April Clashes were reported between the Sri Lankan army and the Tamil Tiger rebels in the north. A defence ministry official said that at least 20 rebels had been killed around the Omanthai checkpoint in the Vavuniya district. A rebel spokesman denied the claim and said they had ambushed army soldiers and killed ten of them. BBC News, 'Many dead' in Sri Lanka clashes, 11 April Date accessed 11 April 2007 Reuters Foundation Alertnet, Sri Lanka military, rebels say clashes kill around 30, 11 April This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April 2007.

11 11 MAY 2007 SRI LANKA Date accessed 11 April 2007 The military said that the security forces had taken full control of the Mahaoya-Chenkalady (A-5) main road after 14 years, driving the remaining LTTE cadres to Thoppigala jungle. Daily Mirror, A-5 cleared after 14 years: Military, 12 April Date accessed 11 April April Security officials said that a roadside bomb had hit a bus outside the town of Vavuniya, in northern Sri Lanka, killing seven people and injuring 26. A Tamil Tiger claymore mine was blamed but the rebels denied any involvement, accusing the military intelligence. BBC News, Seven die in Sri Lanka bus attack, 7 April Date accessed 10 April April Several human rights organisations were reported to have appealed to Sri Lanka's government and the Tamil Tigers to stop a series of human rights abuses and abductions. According to the Sri Lanka's Human Rights Commission, hundreds of people have disappeared so far in 2007, on top of 1,000 in Reuters Foundation Alertnet, Halt abductions, Sri Lanka and Tigers urged, 5 April Date accessed 5 April April The Sri Lankan air force said it had destroyed the headquarters of the Tamil Tiger rebels' sea force in the north-eastern district of Mullaitivu. However, the Tigers said the airforce had hit a civilian charity building. BBC News, Tamil Tigers' sea HQ 'destroyed', 4 April Date accessed 3 May April The Sri Lankan army said it had captured four Tamil Tiger bases and killed 23 rebels in clashes in the eastern district of Batticaloa during the previous night. BBC News, Sri Lanka army 'kills 23 rebels', 3 April Date accessed 4 April April At least 16 people were reported to have been killed in an explosion on a bus carrying civilians in Sri Lanka's eastern district of Ampara. Tamil Tiger rebels were accused by the government of being behind the blast, but they denied any involvement. It was also reported that, in a separate development, six tsunami reconstruction workers, all ethnic Sinhalese, had been killed on the previous day in the eastern district of Batticaloa. The government accused the Tamil Tigers who in turn blamed the Karuna faction. BBC News, Sri Lanka blast 'kills civilians', 2 April Date accessed 3 May April It was reported that in the two months from 1 January to 28 February 2007, over 349 children below the age of 18 had been subjected to crimes such as murder, rape, serious injuries and kidnapping in Sri This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April

12 SRI LANKA 11 MAY 2007 Lanka. According to statistics produced by the Women's and Children's Bureau (WCB), over 116 girls were raped and 77 were sexually abused. Fourty-two children were kidnapped; 22 had been subjected to cruelty. Six children had been sexually abused by their fathers and uncles; four children were killed and five were seriously injured. Sunday Observer, Over 349 children subject to grave crimes in two months WCB, 1 April Date accessed 4 April 2007 Return to Contents Go to list of sources 10 This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April 2007.

13 11 MAY 2007 SRI LANKA REPORTS ON SRI LANKA PUBLISHED OR ACCESSED BETWEEN 1 AND APRIL 2007 US Department of State Country Reports on Terrorism, Chapter 2 Country Reports: South and Central Asia Overview, Sri Lanka, 30 April Date accessed 2 May 2007 International Committee of the Red Cross (ICRC) Sri Lanka ICRC Bulletin No. 12 / 2007, 23 April 2007 Date accessed 26 April 2007 UNHCR Sri Lanka Statistical Summary of IDP Movements in North-East Sri Lanka for the period 7 April April 2007, undated Date accessed 26 April 2007 Human Rights Watch (HRW) Sri Lanka: Antiterrorism Laws Used to Muzzle the Press: 12 April Date accessed 12 April 2007 Amnesty International Sri Lanka Sri Lanka: urgent need for effective protection of civilians as conflict intensifies, 5 April Date accessed 10 April 2007 World Organisation Against Torture (OMCT)/International Federation for Human Rights (FIDH) / Annual Report 2006 of the Observatory for the Protection of Human Rights Defenders, 5 April Date accessed 11 April 2007 Return to Contents Go to list of sources This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April

14 SRI LANKA 11 MAY 2007 Background Information 1. GEOGRAPHY 1.01 As recorded in the CIA World Factbook, Sri Lanka (website accessed on 7 September 2006), the Democratic Socialist Republic of Sri Lanka, formerly known as Ceylon, lies in the Indian Ocean, south of India. The country covers an area of 65,610 square kilometres. The capital is Colombo. [Note: Sri Jayewardenepura Kotte is the legislative capital] It has a population of 20,222,240 (July 2006 estimate). The CIA World Factbook also noted that since the outbreak of hostilities between the government and armed Tamil separatists in the mid-1980s, several hundred thousand Tamil civilians have fled the island and more than 200,000 Tamils have sought refuge in the West. There are eight provinces: Central, North Central, North Eastern, North Western, Sabaragamuwa, Southern, Uva, Western. [30] As recorded by the Sri Lanka Department for Census and Statistics (Statistical Abstract 2005, Population of principal towns by sex, census, years (Table 2.4, website accessed on 27 March 2006) the principal towns are Colombo, Dehiwala- Mount Lavinia, Moratuwa, Sri Jaywardene Kotte, Negombo, Kandy, and Galle. [58a] 1.02 The CIA World Factbook, Sri Lanka also records that the population can be divided into the majority Sinhalese (73.8 per cent), Sri Lankan Moors 7.2 per cent, Indian Tamil 4.6 per cent, Sri Lankan Tamil 3.9 per cent, other 0.5 per cent, unspecified 10 per cent (2001 census provisional data) [30] However, as recorded by the Sri Lankan Department of Census and Statistics (Statistical Abstract 2005, Chapter II, tables ), based on a total population of 18,797,257 the population comprises: Sinhalese (82 per cent), Sri Lankan Tamil (4.3 per cent), Indian Tamil (5.1 per cent), Moor (7.9 per cent), Burgher (0.2 per cent), Malay (0.3 per cent), Sri Lankan Chetty (0.1 per cent) and other (0.1 per cent). However, data from Jaffna, Mannar, Vavuniya, Mullaitivu, Kilinochchi, Batticaloa and Trincomalee districts, in which the 2001 census enumeration was not completed, were not included. [58a] 1.03 As recorded in the US State Department Report for 2006 on Religious Freedom in Sri Lanka published on 15 September 2006 Buddhism, Hinduism, Islam, and Christianity all are practiced. Approximately 70 per cent of the population was Buddhist, 15 per cent Hindu, 8 per cent Christian, and 7 per cent Muslim. [2a] (Section I) 1.04 The CIA World Factbook Sri Lanka also records that three languages are spoken: Sinhala (official and national language) 74 per cent, Tamil (national language) 18 per cent, Tamil and English (commonly used in government and spoken competently by about 10 per cent of the population. Other languages are also spoken (8 per cent). [30] As noted in Europa World Year Book 2004, the Constitution recognises two official languages, Sinhala and Tamil. Either of the national languages may be used by all citizens in transactions with government institutions. [1a] (p3949) 1.05 As recorded by the Sri Lankan Department of Census and Statistics (Statistical Abstract 2005, Chapter II, table 2.10) the highest concentration of Sinhalese population is in the districts of Gampaha, Colombo, Kurunegala, Kandy and Galle. The districts of Colombo, Ampara, Gampaha, Kandy, 12 This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April 2007.

15 11 MAY 2007 SRI LANKA Puttalam and Nuwara Eliya have a high concentration of Tamils. However, data from Jaffna, Mannar, Vavuniya, Mullaitivu, Kilinochchi, Batticaloa and Trincomalee districts, in which the 2001 census enumeration was not completed, were not included. [58a] MAP 1.06 Return to Contents Go to list of sources This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April

16 SRI LANKA 11 MAY 2007 For additional maps: Return to Contents Go to list of sources 2. ECONOMY 2.01 As recorded in the CIA World Factbook, Sri Lanka (website accessed on 7 September 2006): In 1977, Colombo abandoned statist economic policies and its import substitution trade policy for market-oriented policies and export-oriented trade. Sri Lanka s most dynamic sectors now are food processing, textiles and apparel, food and beverages, telecommunications, and insurance and banking. In 2003, plantation crops made up only 15% of exports (compared with 93% in 1970), while textiles and garments accounted for 63%. GDP grew at an average annual rate of about 5.5% in the 1990s, but 2001 saw the first contraction in the country s history, by 1.4%, due to a combination of power shortages, severe budgetary problems, the global slowdown, and continuing civil strife. Growth recovered to 5% between 2002 and About 800,000 Sri Lankans work abroad, 90% in the Middle East. They send home about $1 billion a year. The struggle by the Tamil Tigers of the north and east for a largely independent homeland continues to cast a shadow over the economy. In late December 2004, a major tsunami took about 31,000 lives, left more than 6,300 missing and 443,000 displaced, and destroyed an estimated $1.5 billion worth of property. GDP per capita: $4,300 (2005 est.); Unemployment rate: 7.7% (2005 est.); Population below poverty line: 22% (1997 est.); Inflation rate (consumer prices): 11.6% (2005 est.). [30] 2.02 As noted in the report, The Economy, the Tsunami and Poverty Reduction from the World Bank Sri Lanka Development Forum 2005 held in Kandy on 16 and 17 May 2005 The tsunami that hit Sri Lanka on December 26, 2004 caused the worst devastation from a natural disaster in the country s history The international community has come to Sri Lanka s aid with unprecedented levels of financial assistance, particularly from private donors. [55c] (Introduction) 2.03 The approximate rate of exchange from xe.com Universal Currency Converter on 25 April 2007 was 1 = 220 Sri Lankan rupees. On 29 January 2007 it was 1 = 213 Sri Lankan rupees. [33] 2.04 The Human development index (HDI) for Sri Lanka was for 2004, giving Sri Lanka a HDI rank of 93 out of 177 countries. The GDP per capita was US$ 4,390 for the same year. The HDI provides a composite measure of three dimensions of human development: living a long and healthy life (measured by life expectancy), being educated (measured by adult literacy and enrolment at the primary, secondary and tertiary level) and having a decent standard of living (measured by purchasing power parity, PPP, income). (UNDP, Human Development Report 2006) (p263 & p ) [60a] 14 This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April 2007.

17 11 MAY 2007 SRI LANKA 2.05 As noted in the Economist Intelligence Unit (EIU), Country Report Sri Lanka, Main report, 1 February 2007, Following the release of higher than expected consumer price inflation figures in late 2006, the Economist Intelligence Unit has raised its forecast for inflation in 2007 from 7.8% to 9.3%. Partly as a result, the forecast rate of depreciation of the Sri Lankan rupee in 2007 has also been raised. [75a] (Economic Forecast) For the year 2006 the EIU estimated a real GDP growth of 7.3 per cent and an average consumer price inflation of 13.6 per cent. [75a] (Economic structure: Annual indicators)the EIU also estimated that the unemployment rate was 7.6 per cent in 2006 (the actual figure for 2005 was 7.7 per cent) and their forecast for 2007 was again 7.6 per cent. [75a] (Outlook for : Forecast summary) Return to Contents Go to list of sources 3. HISTORY 3.01 As recorded in the Foreign & Commonwealth country profile of Sri Lanka (last reviewed on 30 March 2007): Sri Lanka s history has reflected its close links with the subcontinent and with South East Asia. The colonial European powers arrived in The Portuguese, the Dutch and then the British ruled Sri Lanka. Sri Lanka (or Ceylon, as it was then known) gained independence from Britain in February 1948 Following independence from Britain in February 1948, the political scene has been dominated by two parties: the United National Party (UNP) and the Sri Lanka Freedom Party (SLFP), which is now part of the People s Alliance (PA). The SLFP was founded by S W R D Banadaranaike, who was Prime Minister until he was assassinated in 1959 by a Buddhist extremist. His widow, Sirimavo Banadaranaike, became leader of the SLFP and served as both Prime Minister and leader of the opposition. A republican constitution was adopted in 1972 and the ruling coalition, led by Sirimavo Banadaranaike, gave itself an extra two years in power. The UNP returned to power in 1978 and adopted a new constitution based on an executive presidency. It introduced for the first time elections based on proportional representation. The UNP s Ranasinghe Premadasa, who won the presidential election in 1988, was President until his assassination in [15j] (History and Recent Political History) 3.02 The SLFP became part of the People s Alliance (PA) coalition which, headed by Mrs Chandrika Kumaratunga (the daughter of S W R D and Sirimavo Bandaranaike), won general elections in August Mrs Kumaratunga then went on to win a landslide victory in elections in November 1994 and 1999 and served as President until November The PA also won the next Parliamentary elections in October Although there were reports of violence, intimidation and voting irregularities, the EU Election Observation Mission acknowledged that the result overall reasonably reflected the opinion of the people. In 2001, less than a year after being re-elected, the PA lost their majority and new elections were held in December The United National Front coalition, lead [sic] by UNP Ranil Wickremasinghe, won with 109 seats and the President s PA came second with 77 seats, which led to an arrangement of political cohabitation between two rival parties, with the PA s leader as President and the UNP s leader as Prime Minister. (FCO Sri Lanka country profile) [15j] (Recent Political History) This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April

18 SRI LANKA 11 MAY In November 2003, President Kumaratunga suspended parliament, sacked three key ministers taking over their portfolios (including defence) and declared a state of emergency (which was lifted a few days later). This was done on the grounds of national security, and the actions were within her Constitutional powers. No agreement on working arrangements was reached between the President and Prime Minister, and in January 2004, the SLFP signed an alliance with the JVP forming the United People s Freedom Alliance (UPFA). In February, the President dissolved Parliament and called general elections in April. The elections in April 2004 produced a new political order with the victory of the UPFA (SLFP and JVP alliance). Support for the traditional parties dropped, and smaller parties - JVP, TNA and JHU gained significant numbers of seats. The UPFA formed a minority government. (FCO Sri Lanka country profile) [15j] (Recent Political History) 3.04 At the general election, which took place on 2 April 2004, the UPFA won 105 of the 225 seats, having taken 45.6% of the votes cast; Wickremasinghe s UNP retained 82 seats (with 37.8% of the votes), while the TNA won 22 seats (with 7%). In an unexpected development, the Buddhist Jathika Hela Urumaya (JHU National Heritage Party) won nine seats. The LTTE had openly supported the TNA during the election campaign and described the large number of seats won by the alliance as an endorsement and recognition of the LTTE as the sole representative of the Tamil population. Participation at the election was reported to have reached 75% of eligible voters. The poll concluded peacefully. However, there were claims of voter intimidation and electoral malpractice, particularly in the north and east of the country. The UPFA, which had not secured an outright majority of seats in Parliament, undertook negotiations with a view to forming a coalition administration. Meanwhile, Mahinda Rajapakse, a senior member of the UPFA and former fisheries minister, was sworn in as Prime Minister on 6 April. (Europa World Online) [1b] (Recent History) 3.05 The final official results were published in the official website of the Department of Elections. [39a] United People Freedom Alliance (UPFA) 105 United National Party (UNP) 82 Tamil National Alliance TNA 22 Jathika Hela Urumaya (JHU) 9 Sri Lanka Muslim Congress (SLMC) 5 Eelam People s Democratic Party (EPDP) 1 Up-Country People s Front (UCPF) In September 2004, the Ceylon Workers' Congress (CWC representing Indian-origin Tamils) with 8 seats joined the government giving it a small majority. In June 2005 the JVP left the Government after the President s decision to sign a post-tsunami funding arrangement with the LTTE. (FCO Sri Lanka country profile) [15j] (Recent Political History) 3.07 On 26 December 2004, BBC News reported that thousands of people had been killed across southern Asia in massive sea surges triggered by the strongest earthquake in the world for 40 years. [9dl] 16 This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April 2007.

19 11 MAY 2007 SRI LANKA 3.08 Sri Lanka was one of the countries most seriously affected by the devastating tsunami caused by a massive earthquake in the Indian Ocean on 26 December More than 31,000 Sri Lankans were killed in the disaster, which also left thousands homeless and without livelihoods. The tourism industry was badly affected by the catastrophe, with many hotels and resorts being damaged or destroyed. It was initially hoped that the scale of the disaster would serve to ease tensions between the Government and the LTTE, particularly as the Tamil areas of the island were amongst those worst hit. However, conflicts soon surfaced over the distribution of aid; the LTTE claimed that the Government was restricting the flow of international aid into Tamil-controlled areas and demanded that it be delivered directly to them. (Europa World Online) [1b] (Recent History) 3.09 In August 2005 the peace process between the Government and the LTTE was seriously threatened when the Minister of Foreign Affairs, Lakshman Kadirgamar, was assassinated by unidentified gunmen at his home in Colombo. Although they denied responsibility, the LTTE were held responsible for the attack. In the aftermath of the murder, President Kumaratunga declared a state of emergency, granting the security forces broad powers of detention. Amidst widespread fears that the cease-fire would collapse, both sides announced their commitment to its maintenance, and the LTTE agreed to meet with the Government to review the truce agreement. (Europa World Online) [1b] (Recent History) 3.10 Meanwhile, there was controversy over when the country s next presidential election was scheduled to take place. While, under the terms of the Constitution, the next election was due to be held in December 2005, President Kumaratunga claimed that the holding of an undisclosed swearingin ceremony in 2000 had actually extended her second term until December In July the SLFP announced that its presidential candidate would be Prime Minister Mahinda Rajapakse. In August the Supreme Court brought an end to the controversy, ruling that the election should be held by 22 November In September it was announced that the election would take place on 17 November. Former Prime Minister Ranil Wickremasinghe subsequently declared that he would stand as the candidate of the UNP. The JVP offered its support to Rajapakse, on the condition that were he to secure victory he would commit his government to the retention of a unitary state, renegotiate the ongoing cease-fire with the LTTE and end the privatization of state assets. Rajapakse concluded a similar agreement with the JHU. (Europa World Online) [1b] (Recent History) 3.11 As reported by BBC News on 18 November 2005: Sri Lankan premier Mahinda Rajapakse has won the presidential election by a narrow margin, officials have said. Mr Rajapakse secured a little over 50% of the popular vote against main opposition rival Ranil Wickramasinghe. Mr Rajapakse, who has taken a hard line with Tamil Tiger rebels, said after his victory he would bring about an honourable peace... Mr Wickramasinghe s opposition United National Party (UNP) demanded a fresh election in Tamildominated Jaffna, where the voter turnout was particularly low, but this has already been rejected by the electoral commission At the end of counting, Mr Rajapakse had secured more than 4.8m votes, about 180,000 ahead of Mr Wickramasinghe. There were eleven other candidates The election campaign was one of the most peaceful in years, although at least four people This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April

20 SRI LANKA 11 MAY 2007 are reported to have died when two grenades were thrown into a mosque on Friday. Police said it was unclear if the attack was linked to the poll. Another 25 people were injured in the violence, in the town of Akkaraipattu in eastern Batticaloa district. Elections Commissioner Dayananda Dissanayake said the poll turnout was about 75% but the boycott in Tami-dominated [sic] areas was almost total. In Jaffna, turnout was put at only 0.014% of more than 700,000 registered voters - the lowest ever anywhere in the country. In the 1999 election, 19% of voters in Jaffna cast ballots Officials said there were roadblocks and intimidation in rebel-held areas. More than 13m people were eligible to vote in Sri Lanka s fourth national poll in six years. The poll ends the tenure of President Chandrika Kumaratunga. She has dominated the island s politics since taking office for the first of her two terms in [9fl] The full official results of the presidential elections of 2005 can be accessed from the website of the Sri Lanka Department of Elections. [39c] 3.12 On 21 November 2005 BBC News reported that: Sri Lanka s newly-elected president, Mahinda Rajapakse, has appointed a hardliner as his prime minister Like Mr Rajapakse, Mr Wickremanayake is a Sinhala nationalist Under Sri Lanka s constitution, the prime minister s role is overshadowed by the much more powerful post of executive president. [9fm] As reported by BBC News on 23 November 2005: Mahinda Rajapakse appointed a 25-strong cabinet following his presidential election win last Thursday President Rajapakse will also be defence and finance minister In other cabinet appointments, the new prime minister was also given the disaster relief portfolio. Mangala Samaraweera was named foreign minister and Anura Bandaranaike, the brother of outgoing President Chandrika Kumaratunga, becomes tourism minister. Mr Bandaranaike had been tipped as prime minister but during the election campaign criticised Mr Rajapakse s alliance with the JVP. [9fn] The current list of Government ministers can be accessed from the official website of the Government of Sri Lanka. [44a] See also Section 4 THE INTERNAL CONFLICT AND THE PEACE PROCESS 3.13 The ethnic conflict in Sri Lanka has been going on for over 20 years as the Liberation Tigers of Tamil Eelam (LTTE) fight for an independent homeland. Some people are estimated to have been killed and some one million displaced. The roots of the conflict lie in the deterioration of relations between the Tamil and Sinhalese communities from the 1950s. By the late 1970s a number of armed groups were operating in the north and east of the island. In 1983 there were serious anti-tamil riots in Colombo resulting in the lynching and killing of some 2000 Tamils. Some Ministers in the Government of Sri Lanka were implicated in the event. Many Tamils returned to traditional Tamil areas in the North and many others began to seek asylum abroad. One of the highest profile violent acts was the assassination of the Mayor of Jaffna in 1975 by Vellupillai Prabhakaran who later became established as the leader of the LTTE. In mid 1987 when a Government of Sri Lanka embargo of Jaffna began to result in severe hardship, the Government of India, pushed by public opinion in Tamil Nadu, forced the Sri Lankan Government to sign the Indo-Sri Lankan Accord. This provided for an Indian peacekeeping Force (IPKF) in the 18 This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April 2007.

21 11 MAY 2007 SRI LANKA North and East. However relations between the IPKF and the LTTE broke down and there was heavy fighting and reports of human rights violations on both sides. President Premadasa negotiated the IPKF s withdrawal, which was completed in March During 1988, in part against the India intervention, among [sic] the Sinhalese community grew into a violent insurgency by the Janatha Vimukthi Peramuna (JVP) and a counter-terrorist campaign. The rebellion ended in 1989 after JVP leaders were murdered. The Sri Lankan army undertook a ruthless counter-insurgency campaign and tens of thousands were killed. There followed a period of relative peace before the situation in the North and East deteriorated in June After 18 months, negotiations fell apart and the LTTE again resorted to violence. They extended their control until they held the Tamil heartland: the Jaffna Peninsula and large areas of the North and East. The security forces succeeded in winning back most of the East, but the North remained outside their control. (FCO Sri Lanka country profile) [15j] (The Internal Conflict) 3.14 In July 1995, the Sri Lankan army launched a military operation, culminating in the fall of Jaffna in December 1995 to Government forces. At the end of January 1996 the LTTE began a bombing campaign in Colombo... During 1996, the Sri Lankan army secured enough of the Jaffna Peninsula to allow the civilian population to return to Jaffna town. The LTTE reasserted themselves in the Eastern province and infiltrated back into the Jaffna Peninsula. LTTE inspired terrorist attacks continued in the south, including on the Temple of the Tooth in Kandy, the most sacred Buddhist site in Sri Lanka. In March 1999 the Sri Lankan Army launched two major offensives in the Vanni and captured over 800 sq kms of territory from the LTTE. Fighting in the North intensified in late 1999 and the Vanni (jungle areas in the North) fell to the LTTE after some of the fiercest fighting since the conflict began. In April 2000 the LTTE carried out a major assault which led to the withdrawal of Sri Lankan troops from Elephant Pass (which links the Jaffna peninsula to the rest of Sri Lanka). With control of Elephant Pass, the LTTE continued further attacks into the Jaffna Peninsula. Fighting continued until December 2001 when the announcement of a new ceasefire by the LTTE was reciprocated by the newly elected UNF government. A Ceasefire Agreement was signed in February 2002 by the government and LTTE. (FCO Sri Lanka country profile) [15j] (The Internal Conflict) 3.15 As recorded on the website of the Sri Lanka Monitoring Mission (SLMM): The Ceasefire Agreement entered into force between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE). The Ceasefire document is signed by Sri Lankan Prime Minister Ranil Wickremesinghe and the LTTE leader Velupillai Prabhakaran. The overall objective of the Parties is to find a negotiated solution to the ongoing ethnic conflict in Sri Lanka. They recognize the importance of bringing an end to the hostilities, improving the living conditions and restoring normalcy for all inhabitants of Sri Lanka, whether they are Sinhalese, Tamils, Muslims or others. The Ceasefire Agreement also commits the Government of Sri Lanka and the LTTE to accept on-site monitoring of the implementation of the Agreement by the Sri Lanka Monitoring Mission (SLMM). The Head of SLMM is the final authority on the interpretation of the Ceasefire Agreement. [22i] 3.16 Article 1 of the agreement deals with the modalities of a ceasefire; article 2 deals with measures to restore normalcy. This includes both parties, in This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April

22 SRI LANKA 11 MAY 2007 accordance with international law, abstaining from hostile acts against the civilian population, including such acts as torture, intimidation, abduction, extortion and harassment; the parties refraining from engaging in activities or propagating ideas that could offend cultural or religious sensitivities; the parties reviewing security measures and the set-up of checkpoints, particularly in densely populated cities and towns, in order to prevent harassment of the civilian population; the parties agreeing that search operations and arrests made under the Prevention of Terrorism Act shall not be made, and that arrests shall be conducted under due process of law in accordance with the Criminal Procedure Code; and the parties agreeing to provide family members of detainees access to those detainees. Article 3 deals with the role and functions of the Sri Lanka Monitoring Mission. The full text of the Ceasefire Agreement is available from the SLMM website. (SLMM website, Ceasefire Agreement) [22i] 3.17 In mid-march 2002 Prime Minister Wickremasinghe visited Jaffna, the first premier to do so since In early April the Government lifted a six-year ban on domestic flights and allowed commercial airlines to resume flights to Jaffna. A week later an important road linking the Jaffna peninsula with the rest of the country was opened for the first time in 12 years. On 10 April Prabhakaran addressed an international press conference for the first time in more than 10 years. He demanded the lifting of the ban on the LTTE as a prerequisite to negotiations and declared his commitment to peace and full support of the cease-fire. (Europa World Online) [1b] (Recent History) 3.18 The Sri Lankan Government lifted its ban on the LTTE on 4 September 2002, BBC News reported on the following day. The LTTE had made the removal of the ban a main precondition for sitting down to talks with the Government. [9ai] As stated in the U.S. Department of State Report 2003 This meant that members of the LTTE were no longer subject to arrest simply because of their status. [2b] (p8) 3.19 In December 2002, at peace talks in Norway the government and rebels agreed to share power. Under the deal, minority Tamils would have autonomy in the mainly Tamil-speaking north and east. In February 2003, the peace process talks got under way in Berlin but in April 2003, the Tamil Tigers suspended their participation in the peace talks, saying they were being marginalised. (BBC News Timeline: Sri Lanka) [9fo] 3.20 As summarised on the official website of the Sri Lankan Government s Secretariat for Co-ordinating the Peace Process (SCOPP), Session One of the peace talks was held in Thailand on September 2002; Session Two also in Thailand on 31 October 3 November 2002; Session Three in Norway on 2-5 December 2002; Session Four in Thailand on 6 9 January 2003; Session Five in Germany on 7 8 February 2003 and Session 6 in Japan on March Further details on all the peace talk sessions are available from the website of SCOPP. [41j] 3.21 Efforts to revive the peace process suffered a set-back in May In a letter to the Prime Minister, Balasingham demanded that the Government establish an interim administration for the north-east of the country. The Government refused to agree, offering instead a development-orientated structure for the area, with greater financial authority for the LTTE. The LTTE rejected this proposal as not extensive enough, and attempts to resume the 20 This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April 2007.

23 11 MAY 2007 SRI LANKA peace negotiations failed. Informal talks, however, continued to take place. (Europa World Online) [1b] (Recent History) 3.22 In early March 2004 a rift within the LTTE appeared after a senior Tamil eastern regional commander declared his independence from the rest of the group. V. Muralitharan (commonly known as Col Karuna) withdrew his 6,000 fighters from the 15,000-strong LTTE in a dispute with the northern-based LTTE leader, Prabhakaran. Karuna, who accused northern Tamil groups of ignoring and discriminating against eastern groups, made it clear that he would not resume violence. However, he would not recognize the cease-fire agreement between the Government and Prabhakaran, and instead demanded a separate truce agreement with the Sri Lankan administration. Analysts feared that the schism might escalate into factional war; the split also raised questions about Prabhakaran s control over the LTTE and undermined the Tamil militants claims that the main obstacle in the peace process was political divisions among Sinhalese political parties. The rift also adversely affected Norway s fresh attempt to revive the peace initiative. In late March [2004] the LTTE vowed to remove Karuna from Sri Lanka. The Tamil political candidate and supporter of Karuna, Rajan Sathyamoorthy, was shot dead by suspected Tamil militants in the eastern town of Batticaloa, raising fears of factional fighting. Although the LTTE denied any involvement in the killing, government troops were deployed to Batticaloa to maintain law and order. On 9 April fighting between the two factions broke out. The conflict ended on 13 April with Karuna reported to have fled from his base and gone into hiding, his forces having dispersed and the LTTE assuming full control of the eastern areas. (Europa World Online) [1b] (Recent History) 3.23 From June 2004 onwards the cease-fire between the LTTE and the Government came under increasing pressure. During discussions with Hagrup Haukland, leader of the Norwegian team monitoring the ongoing peace process, the LTTE accused the Sri Lankan armed forces of sheltering Col Karuna and of assisting him in waging a campaign against them. The armed forces initially denied that they had helped Karuna to escape following the April [2004] conflict; however, later in that month the Minister of Ports and Aviation and of Information and Media, Mangala Saramaraweera, admitted that the army had helped Karuna to escape, while insisting that the plan had been carried out without government knowledge. (Europa World Online) [1b] (Recent History) 3.24 Fears that the cease-fire was close to collapse were heightened when a suicide bomber blew herself up during questioning at a police station in Colombo in early July [2004], having first attempted to meet the Tamil Secretary-General of the EPDP, Douglas Devananda, who was a longstanding opponent of the LTTE. Although the LTTE denied any involvement in the attack, they were widely believed to have been responsible both for the bombing, and for the assassination of an EPDP politician in Ampara district later in that month. Meanwhile, clashes continued to occur between the LTTE and members of the faction that had broken away under the leadership of Karuna. At the end of July Norway s Deputy Minister of Foreign Affairs, Vidar Helgesen, arrived in Sri Lanka to attempt to restart peace talks, accusing both the Government and the LTTE of complacency. The opposition UNP subsequently offered to support the Government in any parliamentary vote on the resumption of talks. However, in September it was reported that This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 April