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Free legal services to political detainees & torture victims / legal representation on behalf of aggrieved parties in landmark cases / legal intervention in ‘disappearance’ cases on behalf of the ‘disappeared’ victims’ families.

CAMPAIGN & ADVOCACY

Campaign for the repeal of the Prevention of Terrorism Act (PTA)

Campaign against arbitrary arrests & torture, cordon and search operations, involuntary disappearances, inhuman treatment of political detainees under the emergency and PTA regulations

(Consultative Meetings / Seminars/ Press Conferences / Fact Fining Missions / Signature Campaign / Book Launch)

CAPACITY BUILDING & HUMAN RIGHTS AWARENESS RAISING PROGRAMME

Workshops and seminars for CBOs NGOs and Civil Society in the North, East, plantation sectors and Colombo

NETWORKING, DATA COLLECTION AND DOCUMENTATION & DISSEMINATION OF INFORMATION

1. Legal Assistance Programme (LAP)

Since 2000, CHRD under the Legal Assistance Programme (LAP) has provided free legal services to political detainees, legal representation on behalf of aggrieved parties in landmark cases and legal intervention in ‘disappearance’ cases on behalf of the ‘disappeared’ victims’ families.

1. Mannar torture and rape case

2. Kalutara prison incident

3. Kumarapuram massacre case

4. Thambalagamam massacre case

5. Mirusuvil mass grave

6. Dehiwala Railway Station bomb blast

7. Town Hall bomb blast

8. Nandani Herath torture and rape case

9. Mannar Torture Case

10. Kaithady orphanage rape case

11. Mylvaganam Nimalarajan murder case

12. Mutthiah Yogeshwari rape case

13. Kanapathipillai Sivaharan                                         

14. Punguduthivu Rape & Murder case                        

15. Allaipiddy Massacre

16. Konawala Ratnayake case

17. Habeas Corpus Applications

18. Fundamental Rights cases

Details of detainees at the New Magazine Prison (1996 -2007)

Main features of arrests and detentions

Currently, CHRD is involved in documenting escalating numbers of enforced disappearances in the Northeast and filing habeas corpus applications. 

In 2004, CHRD filed 45 habeas corpus cases at the Jaffna High Court on behalf of the disappeared in Navatkuli, Kaithady, Ariyalai, Pasaiyoor, Gurunagar of Jaffna peninsula. This was an outcome of a fact finding mission consisting of CHRD lawyers and OPFMD members that visited Jaffna in 2003, where 160 applications from families of the ‘disappeared’ during 1996/1997 were received. All 45 cases were granted leave to proceed and progressing well in Chavakachcheri and Jaffna Magistrate’s Court.

 It is apt to mention that on February 15, 2007 the Magistrate of the Chavakachcheri Magistrate’s Court stated that there was substantial evidence to prove security forces were behind many enforced disappearances which took place in 1996 in the Jaffna Peninsula.

Over two decades Sri Lanka witnessed a gross violation of human rights against civilians, particularly of those of the conflict affected region north and east.  Massive and sever infringements of human rights such as arrests, torture in custody, incarceration without trial, sexual abuse of women, cordon and search operations, massacre and ‘disappearances’ of civilians. The violations more often hurt innocent civilians and are committed by security personnel, ironically interested in maintaining law and order.

One of the notable instruments that aided the commission of such violations with a sense of impunity was the Prevention of Terrorism Act (PTA) in 1979 aimed to be Temporary Provisions Act. However in 1979 itself it was utilized to contain armed conflict between the state and militant Tamil rebels. In 1981, the PTA was made permanent legislation and an integral part of Sri Lankan Law.

PTA and emergency regulations to subdue armed conflict, directly contributed to tribulations of political detainees, massacres of non combatants, rape and sexual violence against women and involuntary ‘disappearances’ of Tamil youth.

Over the past 25 years approximately 200,000 people were either directly or indirectly affected by the operation of the PTA and state of emergency.

The Prevention of Terrorism Act and the Emergency Regulations fall far short of international standards and provide a ready context for torture, death in custody, disappearances and extrajudicial executions. As long as the Act remains amongst the statutes of Sri Lanka, protection and promotion of Human Rights is almost an impossible goal.

Now after 25 years existence of the PTA, the CHRD is still actively campaigning for the repeal of this undemocratic Act and release of political prisoners under the title Programme to advocate the abolition of the Prevention of Terrorism Act (PTA) and provide legal aid for PTA detainees.

 Activities of the  programme

 

1. Provide legal services under the Legal Assistance Programme (LAP) to the victims of the PTA

 

2. Campaigning through seminars, workshops and public meetings in various parts of the island for abolition of the PTA and release of detainees under it.

 

3. Research publication on 25 years of the PTA, in order to strengthen the

campaign.

 

4. Signature campaign for the repeal of the PTA and release of political prisoners is yet another step.

Public meetings to held in Batticaloa and Mannar

Public meetings and seminars

Since 1999 CHRD has been actively involved in repealing the PTA. Many campaign meetings for the repeal of the PTA was held in Batticaloa, Colombo, Jaffna, Mannar  and Trincomalee.

CHRD together with the Centre for Policy Alternatives (CPA) organized a public meeting at the Sri Lanka Foundation Institute (SLFI) auditorium on July 19 2004 to mark the 25 years of the PTA, which was introduced on 19^th July 1979. The meeting was held not only to mark the 25 years of the PTA but also it was an inaugural meeting for our campaign for the repeal of the PTA. Rev.Fr. Paul Casperz (SJ) presided at the meeting and several others such as Rev. Puniyasara Thero, campaigner for Peace, Human Rights and Social Justicea; Mr. Bala Tampoe, lawyer and trade unionist; Mr. K.D.C. Kumarage, attorney-at-law; Mr. Jayatilake de Silva, Chief Editor, The Sunday Observer; Mr. N. Raviraj, attorney-a-law and Member of Parliament; Mr. A. Vinayagamoorthy, Attorney-at-law and former Parliamentarian, Mr. Rohan Edrisinha, Director, CPA and N. Kandasamy, Secretary, CHRD addressed the event. It was unanimously agreed upon that this anti democratic, draconian legislature must be repealed. In 1999 the CHRD and CPA jointly organized a seminar to commemorate 20 years of the PTA. With mutual understanding the CHRD and the CPA would work together in the future for the repeal of the PTA. 

Lawyer K.D.C. Kumarage, trade unionist Bala Thampoe and TNA parliamentarian,

 N. Raviraj

Public meeting at the SLFI to mark the 25 years of the PTA (July 19 2004)

Seminar held on April 5, 2007

Once again CHRD joint CPA to organize a public seminar at the SLFI to discuss matters pertaining to the recently reinstated PTA and new emergency regulations. 

PTA Publication

CHRD is carrying out a profound study on how an undemocratic piece of legislation like the PTA contributed to the gross violation of Human Rights in the country, through a series of seminars, workshops, analytical and thorough research and field investigations, etc. An analysis of the PTA and its horrendous effects will be studied in depth.

Publication on 25 years of PTA will be launched in 2007.

Signature campaign

Signature campaigns for the repeal of the PTA and release of political prisoners is an on going programme. The CHRD has prepared a memorandum and has collected signatures from various sectors of the society. Parliamentarians, religious dignitaries, lawyers, members of civil society groups, journalists and general public are main subscribers to this memorandum.

A considerable numbers of signatures have been collected so far.

3. Protection and Promotion of Human Rights and Capacity Building Programme

Capacity building, human rights awareness raising, networking, civil society, research and publications are covered under the component.

Since inception CHRD is carrying out capacity building training programmes for local NGOs and CBOs (Community Based Organizations) in the North, East and plantation sector. Training includes CBO Management, Social Mobilization and Human Rights Awareness Raising. Currently CHRD has a network of 350 organizations in the above areas.  

CHRD is carrying out a project titled Empowerment & Capacity Building of the Civil Society to promote Justice and Good Governance through Human Rights based Intervention (Coalition for Civil Society). Project includes, public seminars, meetings, lectures, workshops, human rights awareness raising programmes, TOT programmes, Participatory Rural Appraisal (PRA) programmes, media campaign, lobby campaign and consultative meetings to be held at local, regional and national levels, targeting NGOs, CBOs, civil society groups, lawyers, journalists, activists, government agents and diplomatic missions.

In 2007, public seminars titled ‘Coalition for Civil Society’ were held in Kantale, Mannar, Hatton, Nuwaraeliya, Ampara, Vavuniya and Batticaloa. A total of 380 participants from NGOs, CBOs and civil society groups were part took in the programme.

Contents of the public seminars follow,

Evolution of Human Rights and Emergency Regulations

Prevention of Terrorism Act and its effects on the Sri Lankan Society

Fundamental Rights/ Criminal Procedure of Sri Lanka

Judiciary of Sri Lanka

Responsibility and Rights of the Civil Society

What should be the Civil Society Role in Sri Lanka

Outcome

Participants requested to elect a Working Committee – participants volunteered to take part. A participant volunteered to offer an office   space for the Committee, from his residence.

Committee reports violations of right (arbitrary arrest & detention) to the CHRD   and request advice

Committee requests a similar public seminar for Trincomalee metropolitan area.

Participants requested more public seminars to build awareness of more people in Mannar community and asked for more Resource persons from the Sinhalese Community of South to address the seminars to build trust.

An action committee of activists was formed to represent all categories communities and trades.

Action Committee has frequent contacts with CHRD

Community based organizations, which participated in the seminar send situation reports to CHRD and seek advice in regard to the violation of rights of the plantation workers.

The Tamil participants who spoke at the  conclusion of a session informed the gathering that they were fully satisfied with the contents of the seminar. One participant from the Tamil community informed that he was planning to go abroad with his family for good but now he has changed his mind.

CHRD receives proposals from the Committee and keeps contact.

COALITION FOR CIVIL SOCIETY 2008

Centre for Human Rights and Development (CHRD) held four workshops under the Coalition for Civil Society Programme in the plantation sector and in the Batticaloa district in the months of May and June. The objective of these workshops was to bring the State sector and the civil society together in order to promote justice and good governance by mobilizing civil society participants.

Workshops were  held in Hatton, Nuwaraeliya, Batticaloa and Kalmunai. Resource Persons were Mr. S. Nayaj, Mr. Stephan Sunthararaj, Mr. N. Kandasamy, Mr. P. Thampoo, Mr. S. Swarnalingam, and Mr. K. Karaunakaran. The resource personnel comprised human rights activists, human rights lawyers and experts in human rights training.

Role of civil society, reporting human rights violations, legal remedies etc. were some of the main topics discussed in the workshops.

Formulation of effective civil society groups, reduced tension between civil society activists and stake holders in the region and network amongst participants for effective dissemination of information were the outcome of the workshops. A total of 150 participated in the workshops.

COALITION FOR CIVIL SOCIETY 2007

Public seminar in Kantale on May 26, 2007 at the Vigneswaran Vidyalaya Hall (57 participants)

Public seminar in Mannar on June 2, 2007 at the Divisional Secretariat Auditorium (26 activists)

Public seminar in Hatton on June 9, 2007 at the CIDA Resource Centre (92 participants)

Public seminar at Ampara on June 16, 2007 at the D.S. Senanayake Vidyalaya Auditorium (57 participants)

Public Seminar in Vavuniya on July 14, 2007 (20 Participants) and Public seminar in Nuwaraeliya on June 10, 2007 at the

Gamini Vidyalya hall (32 participants)

Seminar held in Batticaloa on July 17, 2007 at the Public Library Auditorium (132 participants)

Seminar held in Jaffna Town on August 28, 2007 (40 participants)

Seminar held in Kalmunai on September 1, 2007 (66 participants)

Seminar held in Karavetti (Jaffna District) on September 14, 2007 

Seminar held in Uduvil (Jaffna District) on September 17, 2007 

Seminar held in Kayts (Jaffna District) on September 26, 2007 

Seminar held at the Trincomalee Town Council Auditorium on (Trincomalee District) November 17, 2007 (40 participants) 

Seminar held in Bandarawela (Uva Province) on December 8, 2007 at the Flower Corner Hall (30 participants)

UN Human Rights Day Programme

Programme held in Trincomalee to celebrate UN Human Rights Day on December 10, 2007 at the Town Hall.

Current situation of the Muslim community in the Eastern province

 The Centre for Human Rights and Development (CHRD) organized a discussion for the Muslim community in the Eastern province to highlight issues faced by them following the liberation of Eastern province by the State.The meeting was held on August 5, 2007 at the CHRD auditorium in Colombo. CHRD was the first organization to initiate such a meeting since liberating East. 

Coalition of Civil Society - Trincomalee

Coalition of Civil Society - Nuwaraeliya

Coalition of Civil Society - Kalmunai

Seminars held in the Jaffna District

Muslims in the East - Discussion

Coalition of Civil Society - Batticaloa

Coalition of Civil Society - Vavuniya

Network

A network among South Asia Human Rights Documentation Centre, Tamil Information Centre (TIC), Human Rights Watch,

Amnesty International, Asian Federation Against Enforced Disappearances (AFAD) and CHRD was established and information

on various issues that threaten civil society is feeding everyday to ensure international pressure on the government.

Consultative meetings

Two consultative meetings on the recent arrests, detentions, and disappearances were organized by CHRD in February 2007.

Over 50 activists participated in the meetings. Participants include representatives of INGOs, NGOs, CBOs, civil society

groups, and diplomatic missions. Apart from them ministers, parliamentarians, academics and lawyers too participated in

the meeting.

The first meeting was held on February 6, 2007 and the second and follow up meeting was held on February 28, 2006.  

The meeting ended with following recommendations.

1. Filing approximately 10 test habeas corpus applications,

2. Providing free legal services with coordination of organizations especially CHRD, HHR and LST.

3. Finding evidence of the existence of pre-signed Criminal Detentions Orders.

4. Following up with the letter sent to the Chairman of HRC and Minister Mahinda Samarasinghe.

5. Meeting with the Ministerial Advisory Committee of Human Rights to discuss issues.

6. Setting up a Common House for human rights activists and lawyers.

7. Formalize and work on issues as well as follow up on activities which also must include random monitoring of data.

8. Verify existence of the Board of Prison Visitors and activate.

9. To work closely with UN Special Rapportuer on Arbitrary Detentions and Disappearances.

10. To visit the Attorney General Department to verify legal implications on detentions at various police stations.

11. Formulate systematic documentation system and sharing information

 Publications 

• CHRD annually publishes a magazine titled ‘Sentinel’. Its focus, though not exclusively, on civil and political rights as well as the economic, social and cultural rights of the people of Sri Lanka. It also recounts the performance of the institution as well as period reviewed.

• Apart from, publication on PTA (which is mentioned under the Campaign and Advocacy Programme) CHRD, has published a Tamil handbook ‘New Tactics in Human Rights’ with the financial assistance of CVT (Centre for Victims of Torture), an organization based in the USA. Following years of research, CVT came up with 200 human rights tactics, in order to protect and promote human rights.  CVT published New Tactics in Human Rights, as a resource for practitioners. It also organized a symposium in Ankara, Turkey, and the book was launched at the event. CHRD too was represented at the Symposium. As a result CHRD selected most suitable 25 tactics to use in the Sri Lankan context. These selected 25 new tactics in human rights has been translated in Tamil and printed into a small booklet and distributed among the CHRD network of CBOs and NGOs working in North-East and up country plantation sector.

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