COALITION OF CIVIL SOCIETY PROGRAMME
The Government of Sri Lanka claims victory over terrorism and an end to war. However, peace seems to be an impossible task. While the government boasts of its achievements (despite the gross human rights abuses said to have taken place during the final stages of its endeavors to eliminate terrorism) the sufferings and hardships faced by the ethnic minority Tamils seem to be prolonging, especially amongst the 300,000 IDPs crossed over from Wanni to government controlled areas amidst intense fighting, during the last stages.
Apart from it, arrests, detentions, search operations, under the PTA and emergency regulations (including abductions and extra judicial killings), continues. In fact, an increase in such incidents has been noted, especially during the crossover, where illegal arrests and enforced disappearances were widespread.
CHRD too has been a victim of such state atrocities, when the Programme Manager was arrested and was abducted soon after the Magistrate’s Court ordered his release. His whereabouts are unknown. Activities of NGOs and INGOs have been ridiculed, restricted and monitored by the State. Moreover, media censorship has been imposed and many journalists were arrested, attacked or killed.
Now issues such as self determination and federalism is being raised and discussed in various spheres as solution to the ethnic divide. However, government and Sinhala extremists groups are dismissing any such solution stating that a settlement decided under a unitary state alone would be acceptable.
As for opportunities, since the government is steadily claiming that the war is over, it is the most appropriate time to lobby for abolishing the PTA and emergency which will pave the way for a reduction in human rights violations to a greater extent. As well as, ensure the release of many political detainees detained under the law.
The civil war, breakdown of adherence to the rule of law and ill effects on the Judiciary has been core cause for constant and gross violation of Human Rights in Sri Lanka.
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 30 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 30 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.
PTA Publication
Sri Lanka: Prevention of Terrorism (PTA) – A Critical Analysis
Following a very long delay, the Centre for Human Rights and Development (CHRD) launched the much expected publication Sri Lanka: Prevention of Terrorism (PTA) – A Critical Analysis at the Sri Lanka Foundation Institute (SLFI) on January 12, 2010 at 5.30 pm.
Mr Javid Jusuf, Chairman CHRD delivered the inaugural address and thereafter Dr. Deepika Udagama and Dr. Asanga Welikala gave their analytical comments on the publication. The event came to an end with Mr. Javid Yusuf presenting the first copy of the publication to the chief guest, Mr. Desmond Fernando PC.
All contributing authors of the publication were handed a copy of the publication. A total of 83 invitees participated in the event; they comprised leading civil society activists and academics and representatives of diplomatic missions. The book is dedicated to the CHRD Founder Chairman late Mr. D.W. Abayakoon PC and Founder Member late Mr. Underwood Manivasagam, Advocate.
It is apt to note, that under the PTA and the imposition of Emergency regulations, extensive powers were given to security forces which directly contributed to the routine use of torture by the authorities by giving them the freedom to arrest suspects almost at will, allowing for prolonged custody of political prisoners without trial or release and providing for the admissibility of confessions to police officers as evidence in court.
Bearing this in mind, Centre for Human Rights and Development (CHRD) have brought out this publication titled Prevention of Terrorism Act (PTA): A critical analysis, an in-depth study of the PTA and its horrendous effects and how the undemocratic piece of legislation contributed to the gross violation of Human Rights in the country during the past three decades. The publication is a part of CHRD’s campaign for the repeal of the PTA and release of political prisoners.
Authors of diverse hues such as academics, practicing lawyers, journalists, human rights activists and victims of PTA are some of the contributors to this publication.
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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 19th July 1979. The meeting was held not only to mark the 30 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-at-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.
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.
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Public Meetings on PTA Campaign Ampara, Batticaloa and Mannar
Lawyer K.D.C. Kumarage, trade unionist Bala Thampoe and TNA parliamentarian, N. Raviraj who addressed the gathering at the event to mark 25 years of the PTA
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.
Campaign against arbitrary arrests and torture, disappearances and issues of detainees under the emergency and PTA regulations
Consultative Meetings
1. A consultative meeting was held on May 15, 2008 at the CHRD auditorium on May 15, 2008, regarding the transferring of 68 victims of the Welikade Prison, to the Boosa Camp in Galle on May 11 & 12, 2008 as well as to discuss the plight of detainees in general. One of the decisions taken at the meeting was to fix an appointment with the Commissioner General of Prisons to solve these problems to a certain extent. A total of 15 participated in the meeting. They comprised lawyers and civil society activists.
As a result, a meeting with the Commissioner General of Prisons was held on June 13, 2008 at the Welikada Prison at 2.30pm. A total of 10 civil society activists and lawyers met with Commissioner of Prisons and discussed matters pertaining to the transferring of 68 victims to Boosa and plight of detainees were discussed. Many issues were raised. The Commissioner General promised to look into the matters and work closely with the civil society.
2. Two consultative meetings on mass arrests, detentions, and disappearances during December 2006/January 2007 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
3. In the meeting held on March 13 and 14, 2008 in Batticaloa and Kalmunai respectively fear of control over NGO activities came prominent where over 80 NGOs participated. There was a complaint that many NGOs (church based particularly) are accused of only working with a particular community that therefore they are supporters of a particular armed group and there is a possibility of getting humiliated by another armed group after they take control over civil administration.
One of the main issues discussed at this meeting was the sexual harassment and assault on women in Akkaraipattu by the government forces (so far 2 cases have been reported). Their threat is so strong in Kolavi village. Latest report from Akkaraipattu reveals that civil society had a discussion with the military hierarchy on this and situation is getting back to normal.
As result of the meetings some of the prominent civil society activists arranged a meeting with commanding officer of the STF Camp in Kolavi Village, Akkaraipattu and consequently the camp was removed.
Under the Campaign and Advocacy Programme a number of such meetings, discussions, campaigns, fact finding missions and press conferences were held locally and internationally in collaboration with other NGOs, INGOs and Civil society activists against a number of burning issues.
Networking, Data Collection and Documentation and Dissemination of Information
Network
CHRD has established a network with South Asia Human Rights Documentation Centre (SAHDC), Tamil Information Centre (TIC), Human Rights Watch, Amnesty International, Asian Federation Against Enforced Disappearances (AFAD). CHRD continues to feed information on various issues that threaten civil society everyday to ensure international pressure on the government. Apart from it CHRD has a network of more than 300 active NGOs, CBOs and civil society activists island wide. The local network assists CHRD in data collection on human rights violations and organizing workshops and seminars in outstations. It is also part of the DEN HAAG Group, a coalition of civil society activists in Sri Lanka, who met in Den Haag, the Netherlands early this year. Returning to Sri Lanka they meet regularly and share information on violation issues via email and sms. They have made many joint submissions to the UN and organized fact finding missions to Batticaloa and Vavuniya. The report of the fact finding missions were released at a press conference. The group visit prisons and learn situation of the political victims.
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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