15 Statements and Appeals tag:www.imadr.org,2008:/statement//29 2008-05-12T13:15:32Z Movable Type 3.33 IMADR’s Comment on the Universal Periodic Review of Japan tag:www.imadr.org,2008:/statement//29.674 2008-05-12T13:10:15Z 2008-05-12T13:15:32Z IMADR IMADR’s Comment on the Universal Periodic Review of Japan
9 May 2008
The International Movement Against All Forms of Discrimination and Racism (IMADR), a Tokyo based international human rights NGO in consultative status with the United Nations’ Economic and Social Council (ECOSOC), welcomes the Universal Periodic Review (UPR) of the human rights situation in Japan, conducted in the United Nations Human Rights Council today. The Universal Periodic Review is a new procedure, whereby the overall human rights situation of all member states of the United Nations is reviewed in the United Nations Human Rights Council. The Human Rights Council is the primary organ to deal with human rights issues and questions in the United Nations. The Council, which replaced the former United Nations Commission on Human Rights under United Nations reforms, consists of 47 member states who are elected on the basis of their commitment to the protection and promotion of human rights. Japan is currently a member of the Council, and has today undergone the review of its human rights record, in the second ever session of the Council’s working group on the UPR. The UPR process is conducted on the basis of three reports. The first report is prepared by the state under review. A second report, compiled by the Office of the High Commissioner for Human Rights (OHCHR), summarizes the views of United Nations human rights treaty bodies and special procedures on the human rights situation of the country under review in recent years. The final report is a compilation of submissions by other stakeholders such as civil society groups and national human rights institutions. IMADR was involved in the preparation of a joint NGO submission to the OHCHR, for inclusion in the stakeholders’ compilation report for Japan’s UPR. Signed by 51 co-signatory organizations, this report raised a number of human rights issues which were taken up in the interventions of various states during Japan’s review today. In particular, IMADR welcomes the interventions by member and observer states which raised key human rights issues such as the non-existence within Japan of an independent, effective national human rights institution established in accordance with the Paris Principles, the lack of an anti-discrimination law or any prohibition of discrimination in the criminal code and the need for further measures to improve the human rights situation of asylum seekers, refugees, migrant workers and minority women. A number of countries also recommended that Japan recognize the competence of human rights treaty bodies to hear complaints from individuals regarding alleged violations of their rights under various human rights conventions Japan has already ratified. In particular, states recommended that Japan ratify the optional protocols to the International Covenant on Civil and Political Rights, the Convention Against Torture and the Convention on the Elimination of Discrimination Against Women in this regard, and recognize the competence of the Committee on the Elimination of Racial Discrimination to hear individual complaints. Today, the Council also welcomed measures taken by the Japanese government to address trafficking in persons, whilst encouraging further measures to ensure the protection of the rights of victims, and to rehabilitate them. IMADR regrets that the Japanese government did not take the opportunity presented by the UPR to give true consideration to the views and questions posed and engage in a meaningful, interactive dialogue in respect of its human rights issues. Regrettably, the government delegation used the opportunity to continue to assert its established position, for example in respect of the issues of comfort women and the indigenous Ainu. The government also failed to discuss the reasons for ongoing delays in the establishment of an independent, effective national human rights institution in accordance with the Paris Principles, an issue which was raised by many states. In response to questions regarding ongoing discrimination in Japan, as highlighted by the Special Rapporteur on Contemporary forms of Racism, the government mentioned the constitutional prohibition of discrimination. This however did not demonstrate a true commitment to discuss the lack of any legislative measures to define discrimination in law, to implement this prohibition or to provide remedies for victims. Japan still does not have any legislation defining and prohibiting discrimination, including between private individuals, as required to implement its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). IMADR looks forward to the adoption of the report on Japan’s review by the Council’s working group next Wednesday 14 May, and the listing of the various recommendations made by member and observer states in respect of the above issues. Once adopted by the working group, the Japanese government has the opportunity to reply to the conclusions and recommendations made in this report. The government can reply either in writing, any time up to the next plenary session of the Council beginning on 2 June 2008, or orally in the 1 hour debate on their review which will be conducted during that plenary session. The UPR report will then be formally adopted by the Council, in a format which includes Japan’s responses. IMADR hopes that the Japanese government will utilize these further opportunities to reply to the recommendations and conclusions in the UPR report, in order to consider and engage with the issues raised by other states in a more meaningful way. It is also hoped that Japan will seriously consider the acceptance of many of these recommendations, to ensure that they can be implemented. Finally, IMADR hopes that following formal adoption of the report, Japan will take up the recommendation made by the United Kingdom today, and ensure that civil society is fully involved in the national process of follow up and implementation of the recommendations accepted by Japan. ]]> Joint statement on discrimination based on work and descent, made at the 1st Substantive Session of the Preparatory Committee of Durban Review Conference tag:www.imadr.org,2008:/statement//29.667 2008-04-25T10:35:29Z 2008-04-25T10:40:16Z A Joint Statement on Item 6: Objective No. 2 of the Durban Review Conference “To assess the effectiveness of the existing Durban follow-up mechanisms and other relevant United Nations mechanisms dealing with the issue of racism, racial discrimination, xenophobia and related intolerance in order to enhance them” By The Lutheran World Federation, International Movement Against All Forms of Discrimination and Racism, Asian Forum for Human Rights and Development, and Pax Romana at the 1st Substantive Session of the Preparatory Committee of Durban Review Conference on April 24, 2008 Madam Chairperson Caste Based Discrimination is a reality that affects an estimated or perhaps more than 260 million people across the globe. It is not an issue that should be mired in any kind of controversy regarding its coverage or non-coverage under the International Convention for Elimination of Racial Discrimination (ICERD) any more. The fact that a large chunk of humanity in South Asian countries, Buraku people in Japan and similar social groups in many African countries do face multiple forms of discrimination should be a ground good enough for being covered under the Durban follow-up mechanisms and also UN Human Rights mechanisms. The global character of caste or work and decent based discrimination has been very clearly established by the affirmation of UN Treaty bodies like the Committee on the Elimination of Racial Discrimination under General Recommendation No. 29 and also through examination of countries like India, Nigeria, Nepal, and Yemen in recent years. Other Treaty Bodies like the Human Rights Committee, the Committee on Elimination of Discrimination against Women, Child Rights Committee, Committee against Torture and Charter bodies like the Sub Commission on Promotion and Protection of Human Rights, and several Special Procedures have explicitly recognized this kind of discrimination to be in violation of international human rights law and impressed upon the respective governments in the caste affected countries about the urgent need for combating it, including utilizing international human rights mechanisms. While presenting his report at the seventh session of Human Rights Council, Mr. Doudou Dienne, the Special Rapporteur on contemporary forms of Racism said, “Since the World Conference against Racism in Durban, the issue of discrimination on the grounds of caste has been on the international agenda. Despite the objection of some member States, the main human rights bodies working in the area of racism and discrimination have stated clearly that prohibition of this type of discrimination falls within the scope of existing instruments, in particular the International Convention on the Elimination of All Forms of Racial Discrimination”. He further added that in this context, women and girls are victims of multiple discrimination, including in certain cases sexual exploitation or forced prostitution. These specific examples of dual discrimination were already acknowledged in the Durban Declaration and Programme of Action, which states that “racial discrimination, xenophobia and related intolerance reveal themselves in a differentiated manner for women and girls, and can be among the factors leading to a deterioration in their living conditions, poverty, violence, multiple forms of discrimination, and the limitation or denial of their human rights”. Meaningful work in the areas of legislation, the judiciary and education must be accompanied by strong political will to put an end to this form of discrimination. CERD’s contribution under Agenda Item No. 6 of the Provisional Agenda for the Preparatory Committee Meeting and the Durban Review Conference has also emphasized the need to interpret ICERD in a broadest possible way so that it is able to address multiple and contemporary forms of racism. CERD notes also that “in order to assist States in understanding the scope of discrimination covered by ICERD, the Committee has adopted three important general recommendations since 2001 on contemporary manifestations of racism…Xenophobia and related intolerance and requests their submission for consideration to the Durban Review Conference”, going on to specifically mention General Recommendation 29 on descent-based discrimination. Madam Chairperson This statement clearly indicates that, in CERD’s view, both descent based discrimination and their general recommendation on this topic should be included in the agenda for the Durban Review Conference, under Objective 2 of the Conference, as a valid ground for their inclusion under Durban follow- up mechanisms as well as for other UN human rights mechanisms. Speaker: Dr. UMAKANT ]]> Joint statement on the follow-up and implementation of the Durban Declaration and Programme of Action (DDPA) tag:www.imadr.org,2008:/statement//29.661 2008-04-02T07:30:33Z 2008-04-02T07:40:23Z 7th Session of the UN Human Rights Council Item 9: Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action (DDPA) – General Debate Wednesday, 26 March 2008 Joint Statement delivered by Ms. Giyoun Kim on behalf of: Asian Forum for Human Rights and Development (FORUM-ASIA) Association of World Citizens (AWC) Dignity International International Movement Against All Forms of Discrimination and Racism (IMADR) Thank you, Mr. President. Again, we welcome the report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Mr. Doudou Diene, in which he highlighted the erosion of the political will of states to fight racism and xenophobia and the spread of racism in politics as a global trend. Mr. President, We would like to take this opportunity to draw the attention of the Council to the concerns expressed by the participants of the 1st Asian Regional Civil Society Workshop on the 2009 Durban Review Conference, held in Bangkok from 25-26 February 2008. The Workshop was attended by over 30 NGO participants from 10 countries in Asia, and was co-organized by FORUM-ASIA and IMADR. We recognize that the DRC process poses both new opportunities and challenges for the human rights movement in Asia to address human rights issues related to racism, racial discrimination, xenophobia and related intolerance. Therefore, we reaffirm our commitment to the Durban Declaration and Programme of Action (DDPA) adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR) held in Durban from 31 August to 8 September 2001. We would like to reiterate that more than 260 million people in Asia continue to suffer from caste- and descent-based discrimination, such as Dalits in South Asia and Buraku people in Japan. We are troubled by the insidious measures designed to prevent social interaction and mobility for Dalits, such as de facto segregation of Dalit children in school, restrictions on reservation for certain professional training, and non-allocation of designated budgets for Scheduled Castes as stipulated under government plans. Also troubling are the facts that Dalits are denied equal access to housing, settlement, cemeteries, common drinking water, restaurants and temples, and are subjected to restrictions on marriage. Asia is home to many religions such as Hinduism, Buddhism, Jainism, Confucianism, Judaism, Christianity, Islam, Sikhism, Zoroastrianism, among others. However, Asia today witnesses various forms of religious intolerance and conflicts, often linked to religious-based nationalism or political ideologies that result in gross human rights violations against those who do not wish to subscribe to such ideologies or beliefs. We also witness that many women in Asia continue to suffer multiple forms of discrimination due to the inter-sectionality of all forms of discrimination, including gender. Gender-based violence and human rights violations such as rape, sexual harassment and exploitation, trafficking, dowry death, ‘(dis)honour killings’ and acid attacks continue to hound women in Asia. We would also like to draw your attention to the situation of migrant workers in Asia, who face new forms of slavery, such as withholding of passports, as tools for control and exploitation. The state of human rights and security in Asia has deteriorated in the context of the on-going ‘global war on terror.’ Anti-terrorism measures often target individuals and groups on the basis of race, religion, and national origin, and xenophobic practices such as racial and religious profiling and the use of racist language contribute to a climate of fear and insecurity. We are deeply concerned that no Asian governments have developed national plans of action on the DDPA, despite having committed under the DDPA to creating an environment conducive for the participation of civil society, creating national awareness of the DDPA, and convening regional follow-up meetings to the World Conference Against Racism, Racial Discrimination, Xenophobia and Intolerance (WCAR). Therefore, we urge all Asian governments to immediately develop national plans of action on the DDPA and thoroughly implement these plans. Thank you, Mr. President. ]]> Statement regarding the review of the mandate of the Independent Expert on Minority Issues tag:www.imadr.org,2008:/statement//29.660 2008-04-02T07:17:38Z 2008-04-02T07:24:58Z Human Rights Council 7th Session, 18th March 2008 Review of Mandates: Independent Expert on Minority Issues Joint statement by the International Movement Against All Forms of Discrimination and Racism, Minority Rights Group International (MRG), the Asian Legal Resource Centre (ALRC), Movement Against Racism and for Friendship among Peoples (MRAP)*, the Islamic Human Rights Commission ------------------------------------------------------------------------------ Thank you Mr. President. I speak on behalf of Minority Rights Group International, the Asian Legal Resource Centre, the Movement Against Racism and for Friendship among Peoples, the Islamic Human Rights Commission, and the International Movement Against All Forms of Discrimination and Racism. We welcome this opportunity to present our views on the mandate of the Independent Expert on Minority Issues during this Review, Rationalization and Improvement process. Around 20% of the world’s population belongs to a minority and minority communities face many complex problems in all regions of the world. The UN has consistently recognized that the protection of minorities contributes to peace and social stability minorities often suffer disproportionately in situations of conflict. Therefore minority rights are critical to its effective work. We stress the vital importance of the mandate of the Independent Expert to the work of the Human Rights Council and we welcome the efforts of the Austrian delegation to develop a consensus on the future of the mandate. Many states have recognized the important role of the Independent Expert through their engagement with the mandate since 2005, in particular through their dialogue with the Independent Expert. A range of states from different regions have invited the Independent Expert to visit their countries. We welcome the constructive way the reports of the Independent Expert have included both positive developments in states and recommendations for further improvement. The creation of the Forum on Minority Issues by the Council in September 2007 is a welcome development and so is the guiding role the Council has given to the Independent Expert in planning the Forum’s work. The synergies envisaged by the Council between the Forum and the Independent Expert, along with the forthcoming Durban review process will provide a valuable contribution to the promotion of the rights of minorities and the implementation of the Minorities Declaration. Finally, we reiterate the critical importance of the mandate of the Independent Expert on Minority Issues for promoting the rights of some of the most vulnerable communities worldwide and we urge the Human Rights Council to renew and strengthen the mandate. Thank you Mr. President. Speaker: Nimalka Fernando ]]> Statement regarding the review of mandate of the Special Rapporteur on racism tag:www.imadr.org,2008:/statement//29.646 2008-03-25T05:34:24Z 2008-03-25T05:37:19Z Review, Rationalization and Improvement of Mandates: Special Rapporteur on the Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance Thank you Mr. President. I speak on behalf of the International Movement Against All Forms of Discrimination and Racism. We welcome this opportunity to present our views on the mandate of the Special Rapporteur on Contemporary forms of racism, racial discrimination, xenophobia and related intolerance during this Review, Rationalization and Improvement process. It has been widely recognized that combating discrimination and racism is a vital task in the promotion and protection of Human Rights. The Special Rapporteur, Mr. Doudou Diene, has guided this difficult process with his excellent work for 6 years, addressing the widely ranged manifestations of racism, racial discrimination and xenophobia, including Discrimination Based on Work and Decent, with a profound insight and comprehensive manner. We also appreciate his strong encouragement for both states and NGOs to improve the human rights situations, through his constructive recommendations as well as his commitment in follow up to official visits. Today the international community stands at an important stage, eyeing the Durban Review Conference next year as well as the 40th anniversary of the enforcement of the International Convention of the Elimination of Racial Discrimination. We expect that this mandate will continue to provide a valuable contribution to the efforts for the elimination of racial discrimination. Finally, we would like to express our appreciation for the untiring manner in which Mr Diene has worked his mandate, and also to the contribution he has made to our struggle by providing significant intellectual dimensions linked to combationg racism. We would like to reiterate the critical importance of the mandate of the Special Rapporter on Contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and the significant work of the mandate holder. We urge the Human Rights Council to renew and strengthen the mandate. Thank you Mr. President. Speaker: Sumie Ogasawara ]]> IMADR's statement delivered at the UN Human Rights Council 7th session in response to the report of the Special Rapporteur on racism tag:www.imadr.org,2008:/statement//29.645 2008-03-25T05:25:52Z 2008-03-25T05:29:45Z In Response to the Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance Thank you Mr. President. On behalf of IMADR, we would like to express our gratitude for the Special Rapporteur on Racism, Mr. Doudou Diene, for the follow up to his mission to Japan, presented in his report today. We welcome the Special Rapporteur’s emphasis on the role of education while combating racism, and encourage the Government of Japan to make further efforts, so that its approach mentioned in the report leads to the elimination of discrimination and racism in a concrete form. We would also like to inform the Special Rapporteur that the Korean residents in Utoro district, who have long been threatened with the danger of eviction, are now embarking on a process which we hope will allow them to live on their own land. We applaud the solidarity between communities and the support of the Government of the Republic of Korea that has made this solution possible, and urge the Japanese Government to fulfill its role at maximum level in resolving this problem. Unfortunately, the recommendations posed in the Special Rapporteur’s report on his mission to Japan in 2005 remain almost entirely unimplemented. For instance, in Japan, there is still no legislation against discrimination, or an independent national human rights institution. Furthermore, recent actions by the Government of Japan raise additional serious concerns. In particular, the revised immigration law, which came into force in November 2007, has been widely criticized for the discriminatory system it implements, which unilaterally collects and controls biometric information, namely fingerprints and facial images, from the majority of foreigners entering Japan. This information will even be shared with the police authority. Moreover, during a recent school textbook screening process, the Government requested that the description in textbooks regarding the forced mass suicide in Okinawa during the World War II be amended, leading to a huge protest by the people in Okinawa. Also, the national consultation in Japan regarding UN human rights institutions have so far turned out to be a failure. We urge the Japanese Government to take the necessary measures to implement the recommendations of the Special Rapporteur as soon as possible, and to improve the current domestic situation. We appreciate the Special Rapporteur’s referral to the issue of Caste discrimination, or Discrimination Based on Work and Descent, which we believe is an important issue to be addressed within the HRC structure, and we urge the Japanese Government to take up the observations of the CERD committee referred to by the Special Rapporteur. IMADR, together with the Japan NGO Network for the Elimination of Racial Discrimination, composed of 82 minority groups and NGOs, hope to continue to work together with the Special Rapporteur, and strongly supports the continuation of this important mandate. Lastly, we would like to express our gratitude to the Special Rapporteur, Mr. Doudou Diene, who has not only produced a significant report on the situation of Japan, but has also fostered solidarity among discriminated minorities in Japan, and provided them with encouragement by recognizing their human rights concerns and giving them a voice within the UN system. Thank you, Mr. President. Speaker: Sumie Ogasawara ]]> Joint statement on the situation in Tibet, issued at the UN Human Rights Council's 7th Session tag:www.imadr.org,2008:/statement//29.639 2008-03-19T06:43:03Z 2008-03-19T07:19:51Z Footnotes: [i] related site(external link) [ii] Monks arrested as police quash protests in Tibet(external link) [iii] Today we see how the real situation is in Tibet. The day seems to be silent and peacefull, even boring. Until 6 o´clock. then 100s of Tibetans gather together on the Bakhor Square. They form a strong, silent, peacefull circle around the police who keep the middle of the square open. Soon they call for backup. Undercoveragents, not so difficult to recognize film the whole happening. Especially the faces. This is one method to create fear. Suddenly there is panic. 6 or 7 monks are arrested and driven away. Tibetans are very scared because of the stories about the prisons and tortures. In the mean while big numbers of policemen arrive. They drive everybody apart. related site (external link) [iv] 10 March is marked by Tibetans as the 49th Anniversary of the Tibetan National Uprising Day. [v] Portrait of the monks were released on the website of the Tibetan Centre for Human Rights and Democracy, India (external link) [vi] Chinese Police Fire Tear-Gas at Protesting Tibetan Monks (external link) [vii] Monks in Tibet go on hunger strike as protests spread (external link) [viii] related site (external link) [ix] “Since 2002, my envoys have conducted six rounds of talks with concerned officials of the People's Republic of China to discuss relevant issues. These extensive discussions have helped to clear away some of their doubts and enabled us to explain our aspirations to them. However, on the fundamental issue, there has been no concrete result at all. And during the past few years, Tibet has witnessed increased repression and brutality. In spite of these unfortunate developments, my stand and determination to pursue the Middle-Way policy and to continue our dialogue with the Chinese government remain unchanged.” – Statement of the Dalai Lama, on the Forty-Ninth Anniversary of the Tibetan National Uprising Day, 10 March 2008. - (external link) [x] Monks in Tibet go on hunger strike as protests spread (external link) [xi] Monasteries under lockdown after three days of protest: fears of severe reprisals in Lhasa (external link) [xii] Tibetan Monks in Critical Condition After Attempted Suicide, as Protests Mount (external link)]]> Joint intervention during the interactive dialogue with UN Independent Expert on Minority Rights at 7th Session of Human Rights Council tag:www.imadr.org,2008:/statement//29.638 2008-03-19T06:16:31Z 2008-03-19T06:21:58Z Intervention by the International Movement against all forms of Discrimination and Racism and the Asian Legal Resource Centre during the interactive dialogue with the Independent Expert on Minority Rights 13th March 2008 We thank the Independent Expert on Minority Issues for her report and appreciate her focus on the impact of the denial or deprivation of citizenship on the capacity of minority communities to enjoy the full range of human rights. As the International Movement against All Forms of Discrimination and Racism, we stand committed to defend the rights of all minorities to enjoy all human rights. In her report, the Independent Expert refers to the situation of the plantation Tamil community in Sri Lanka who continue to face a range of problems in obtaining documentation affirming their status as full citizens of Sri Lanka, despite legal disenfranchisement ending over 20years ago. We wish to draw the attention of Ms. Mcdougal to the current reality of the minority communities in Sri Lanka, in the context of the intensification of the conflict since early 2006, the abrogation of the Ceasefire Agreement by the government of Sri Lanka in January of this year and the counter terrorism measures. The Tamil community has been worst affected by the emergency laws and prevention of terrorism act currently in place in Sri Lanka. The majority of the humanitarian workers and media personnel killed, disappeared and subjected to other violations are from the minority Tamil community. Tamil communities throughout the island, but especially in the plantation areas and in the north and east of the island, have been subjected to arbitrary arrest and detention, restrictions on the freedom of movement and association, abduction, disappearance and extra-judicial execution. Many Tamils have lost access to livelihoods, employment and residence due to the conflict, and are unable to enjoy the rights guaranteed to them by the Constitution of Sri Lanka and by international human rights law. Ethnic profiling of Tamils as terrorists creates an environment in which every Tamil becomes the legitimate target of suspicion and harassment. The Muslim community of Sri Lanka also faces a series of challenges to their rights. While Muslims who were forcibly expelled from the north in 1990 remain in a state of displacement, Muslim communities in the eastern province are caught in cycles of violence due to the on-going conflict as various armed actors including the security forces, the LTTE, the TMVP and other armed groups seek to control the population through the use of force and fear. IMADR calls on government of Sri Lanka to positively respond to the request by the Independent Expert to visit Sri Lanka, and also calls on other Asian governments to draw on the expertise made available by the Independent Expert’s office to address rights of minorities. We would, in addition, like to ask the Independent Expert how she could assist the relevant governments to address the unresolved problems related to Bhutanese refugees and continuing violence in Southern Thailand.]]> Joint statement on "Caste-based discrimination and analogous forms of inherited social exclusion: Discrimination based on work and descent"(external link) tag:www.imadr.org,2008:/statement//29.659 2008-03-08T05:28:36Z 2008-04-02T05:38:09Z Joint statement by 21 Sri Lankan NGOs including IMADR on abrogation of Ceasefire Agreement tag:www.imadr.org,2008:/statement//29.615 2008-01-18T10:04:21Z 2008-01-18T10:15:49Z Joint Statement: Abrogation of Ceasefire Agreement Will Escalate Spiral of Violence The government’s decision to abrogate the Norwegian-facilitated Ceasefire Agreement (CFA) signed with the LTTE in 2002 is a matter of the gravest concern to the undersigned civil society organisations. Truces historically tend not to last long unless they culminate in a negotiated peace agreement. Unfortunately, the conflicting parties were not willing to negotiate a political solution using the point of entry to the peace process provided by the CFA that the government, the LTTE, and the people of Sri Lanka could build on. Instead of such negotiations, for the past two years the government and LTTE vocally supported a ceasefire but actually engaged in a high level of hostilities tantamount to war, including mounting human rights violations, the overrunning of forward defence lines, capture of territory, artillery, sea and air bombing, and the large scale displacement of people. The signing of the CFA brought numerous benefits to the citizens of Sri Lanka. It ushered in a period of relative peace, allowing civilians directly affected by the conflict the opportunity to re-build their lives, homes and livelihoods. With the CFA, civilians from either side of the no man’s land could freely travel and feel relatively safe from the threat of war. The ‘no war, no peace’ scenario that was a direct result of the CFA created not only the conditions for negotiations between the Government and the LTTE, but also an environment conducive for increased economic growth and external assistance to Sri Lanka as a whole. As civil society organisations deeply concerned about peace and human rights we all supported the CFA. We were, however deeply concerned by the violations of the CFA, the violations of human rights and incidents of violence committed during this period; hence we saw the need for significant improvements on the CFA and its implementation. With the increasing violence and distrust that followed the collapse of peace talks, the parties came to recognize the need for the CFA to be strengthened and even amended, but were unable to come to agreement or to cease the bloodshed, resulting in a crisis of violence. The government's decision to abrogate the CFA follows repeated demands by the JVP and other nationalist parties for its abrogation. Government members have said that the peace process and political talks will continue with non-LTTE Tamil parties. While there is a clear need to make political negotiations to find a settlement to the ethnic conflict more inclusive by including non-LTTE Tamil parties in political talks, it cannot be done at the cost of eliminating the LTTE from the dialogue. The danger inherent in the government's position, especially in the event of a total rejection of the past peace process with the LTTE, is that it is paving the way for a fight to the finish where the costs can be very high, success is not guaranteed, and no fall back position will be available. We regret that the role played by the Sri Lanka Monitoring Mission (SLMM) established under the CFA has also come to an end with the abrogation of the Ceasefire Agreement. Although the international monitors of the SLMM were unable to prevent all acts of war and human rights violations from taking place, we recognize that the SLMM was a crucial third party that was able to be physically present in the conflict zones, record incidents, and report them to the conflicting parties and the international community. The presence of the SLMM deterred further violence and violations and the SLMM’s removal now puts the populations in both the North and the South more at risk. The Government rejection of a UN Human Rights field presence, the inability of the Commission of Inquiry (COI) and the International Independent Group of Eminent Persons (IIGEP) to make meaningful progress in discharging their mandates, and the inability of the National Human Rights Commission to fulfill its mandate and duties, combine to place respect for human rights in Sri Lanka in further jeopardy. The abrogation of the CFA in the present circumstances will deprive the hapless civilians within the conflict zones of a credible authority to lodge complaints. This will also mean that it will be more difficult for individual incidents to be neutrally reported and verified, thus making it easier for armed actors to deny grievous violations and acts of violence. This gap will constrain the work of human rights and peace groups who have been pressing the conflicting parties to address the issues of impunity and end the violations of human rights. It may also lead to the exaggeration of incidents as each of the warring parties seeks to blame the other, making identifying the truth that much more elusive. We are dismayed and deeply concerned at the situation in the country at the beginning of the New Year which has included the assassinations of parliamentarians, fierce fighting in the north and the displacement of civilians, and now the abrogation of the CFA and the negation of the institutions it set up. We hope that this period of war and terror will soon come to an end, and reason and concern for human rights takes the conflicting parties back to the negotiating table and to end all armed hostilities, political assassinations and other criminal acts. We urge all members of the international community who have been engaged in the advancement of peace through a negotiated settlement in Sri Lanka to stand by us at this difficult moment in our history and to use whatever modes of intervention they feel are appropriate to impress upon the government, the LTTE and all political actors in Sri Lanka the need to abandon the path of war and to return to a peace process immediately. Association of War Affected Women Centre for Society and Religion Centre for Human Rights and Development, Colombo Centre for Policy Alternatives Christian Alliance for Social Action Consortium for Humanitarian Agencies Equal Ground, Sri Lanka INFORM Home for Human Rights, Colombo Human Development Organization, Kandy Human Rights Resource Center, Kandy International Centre for Ethnic Studies- Colombo International Movement Against All Forms of Discrimination and Racism (IMADR) Law & Society Trust Mothers and Daughters of Lanka Mannar Women for Human Rights and Democracy Muslim Information Centre Sri Lanka Muslim Women’s Research and Action Forum National Peace Council of Sri Lanka Rights Now Collective for Democracy Setik, Kandy]]> Termination of 2002 Ceasefire Agreement by Sri Lankan Government Regrettable tag:www.imadr.org,2008:/statement//29.611 2008-01-11T10:17:22Z 2008-04-09T11:50:54Z January 11, 2008 The International Movement Against All Forms of Discrimination and Racism (IMADR) deeply regrets the decision taken by the Sri Lankan Government (SLG) to terminate the Ceasefire Agreement (CFA) concluded with the Liberation Tigers of Tamil Eelam (LTTE). The CFA was signed between the two parties to the on-going ethnic conflict on 22 February 2002 under the facilitation of the Norwegian government. As a Japan-based International Human Rights NGO, we had participated fully in all the initiatives taken by civil societies both in Japan and in Sri Lanka, as well as by international and regional NGOs to nurture the environment of ceasefire, as this is crucial to conflict resolution. It is rather alarming that Sri Lanka has committed a large proportion of its budget over a period of time for defense while relying heavily on donors including the Japanese government for development and post-conflict reconstruction. We are aware that post-tsunami reconstruction projects could not be fully implemented in the North and East due to the on-going conflict. We are deeply concerned that the termination of the CFA would result in a further escalation of violence, death, destruction on the civilian population already traumatized and besieged by constant aerial and artillery bombardment, displacement and ex-legal and extra-judicial killings. We also note with dismay the SLG's decision to terminate peace negotiations with the LTTE, the chief Tamil protagonists. The Norwegian Minister for Environment and International Development, who had played an instrumental role in brokering the CFA, has said that the regrettable termination "would weaken efforts to protect the civilian population, which would be most regrettable". Mr. Masahiko Koumura, Minister for Foreign Affairs of Japan, also expressed concerns in his statement that "the decision taken by the Government of Sri Lanka may lead to the escalation of the conflict by way of an increased level of violence and greater civilian casualties, and leave the peace process at a standstill. " The Sri Lankan Monitoring Mission (SLMM) will cease to play the monitoring role. There is fear among the people in the North and East that the removal of the SLMM is a plan to further the violence faced by them. Hitherto, the monitoring mission has provided some semblance of protection to the civilian population. We regret the failure of the SLG to provide a framework to resolve the conflict of power sharing through a constitutional arrangement. We therefore call on the SLG and the LTTE to refrain from violent retaliations. The SLG should desist from terminating the CFA and unconditionally and immediately commence negotiations with the LTTE so that a permanent solution to this ethnic conflict can be achieved. We also call on the peace loving international community to exert diplomatic pressure on the parties to the conflict to uphold the rule of law, and to protect fundamental liberties of all regardless of ethnicity, religion and political consideration. We further call on the international community to persuade the SLG to accept the establishment of a United Nations office for human rights as proposed by the United Nations High Commissioner for Human Rights, so that violations can be monitored and investigated promptly. Open Letter from Japan Committee to Sri Lankan President and Ambassador in Japan on the arrests and detentions of Tamils tag:www.imadr.org,2007:/statement//29.598 2007-12-07T04:24:12Z 2007-12-10T04:30:21Z Open Letter to the Sri Lankan President and Ambassador in Japan on the Recent Arrests and Detentions As a Japan-based international human rights organisation committed to upholding the equality and dignity of minorities, the International Movement Against All Forms of Discrimination and Racism-Japan Committee (IMADR-JC) is deeply concerned about the mass arrests and detentions of Tamils in the first three days of December 2007. We, as a part of Japanese civil society, support the economic cooperation conducted by the Japanese Government with Sri Lanka, and in order to maintain good will between our countries, strongly request you to urge the relevant authorities to take the measures outlined below. The most recent figures available to us for this three-day period show that over two thousand people have been arrested and detained. The levels of harassment and intimidation as well as of arbitrary arrest and detention, abduction and disappearance and extra-judicial execution faced by the Tamil community in Sri Lanka at the hands of the State, the LTTE and other armed groups have greatly increased over the past year. The recent arrests and detentions that have taken place in the course of cordon and search operations carried out islandwide come in the wake of this general pattern. These actions also increase the marginalization and discrimination that the Tamil community has experienced at the hands of successive governments. In the first three days of December 2007, we have been informed of arrests in and around Colombo, Kalutara, Galle, Puttalam, Pusselawa. The majority of persons detained are young Tamils, mostly males. At least one case of Muslims being arrested has been reported. There are several cases of women who have also been arrested and detained. We have received reports that the arrests and detentions have not followed existing procedures, thereby violating the basic fundamental rights of the citizens of this country. Our independent investigations show that many of the people detained were in possession of proper documentation, including police reports, but were arrested nonetheless. The reason or legal basis for arrests has not been provided to those who have been subjected to arrest or their next of kin. The arbitrary nature of the arrests have been made clear in cases where almost entire families have been taken into custody. In a number of cases no information regarding the reason for detention has been provided to those who have been detained or to their relatives. In many cases, the next of kin has not been provided a receipt. These are clear contraventions of the Presidential Guidelines re-issued in July 2007. From independent inquiries it appears that the National Human Rights Commission which is mandated to monitor arrests and detentions, has not received any lists of detainees. While we acknowledge the need for measures to be taken to combat terrorism and uphold security, these should be in accordance with basic human rights standards and civil liberties. The fundamental reasoning behind security measures is to protect the rights of civilians, not to curtail or violate them. We urge the authorities to ensure that existing laws are respected while carrying out security checks. Arbitrary arrests and detentions contravene the basic essence of the rights incorporated in the fundamental rights chapter in the Constitution of Sri Lanka, ensuring that all citizens are equal before the law and should be protected from arbitrary arrests, detention, cruel and inhuman treatment and torture. We are also concerned about the conditions faced by the detainees. Large numbers of people were taken into Police Stations which had limited space to accommodate them, and which lacked basic facilities such as toilets and drinking water. In October 2007, during his visit to Sri Lanka, the UN Special Rapporteur on Torture, Manfred Nowak, referred to poor conditions in detention centers which were often over crowded, resulting in inhuman treatment. He also makes specific reference to the use of torture by the TID in the detention centre at Boosa. Further, the lack of information about the location of detention centers and the restrictions placed on the access to detainees have resulted in limited or no contact between the detainees and their families or legal counsel. This has further marginalized the detainees, curtailing their legal rights. Recent restrictions of movement from the North due to security reasons have also added to the burden where families have been separated, with many young people possibly having no contact with their families. On the 8th of June 2007, the Supreme Court of Sri Lanka deplored the eviction of 376 Tamils from Colombo and provided interim relief ensuring that further evictions would not take place. This measure demonstrated that all citizens are equal before the law and have the inalienable right to reside in any place that he/she chooses, freedom of movement, and protection from cruel inhuman treatment and torture. Such standards must be adhered to and respected, ensuring that all citizens are treated equally. We ask you to urge the relevant authorities to take the following measures: ・ Release all persons who are held without due cause ・ Prevent further arbitrary arrests and detentions taking place ・ Ensure that persons already detained are provided access to family and legal counsel ・ Allow immediate access to all detention centres by ICRC to meet will all prisoners detained ・ Follow the existing rules and procedures laid out in the emergency regulations and Presidential Directives regarding due process in arrests and detentions including informing relatives and HRC of the arrest, and the provision of a receipt ・ The Help Desk to be set up by the Ministry of Human Rights should include a publicly available central registry of detainees and detention centres. ・ Lists of detainees, updated daily, should be posted in places of detention in Tamil as well as Sinhala ・ The Human Rights Commission should, in accordance with its mandate: -immediately activate its emergency hotline -actively monitor arrests and detention, including making immediate visits to areas where mass arrests are reported to take place and about to take place. -urgently visit places where detainees are alleged to be held and make available to the public details of such visits along with their observations and recommendations; -monitor and make inquires into the procedures followed in arresting and detaining persons, ・ In addition, the Human Rights Commission should maintain a public list of detainees and places of detention in all regional centres and on its webpage, which should be updated daily ・ Cease immediately the practice of torture in detention camps and police custody by prosecution of those responsible ・ Improve the conditions of detention centres ・ Take on board and implement the recommendations made by the Special Rapporteur on Torture following his visit to Sri Lanka in October 2007. Kinhide Mushakoji President The International Movement Against All Forms of Discrimination and Racism-Japan Committee]]> Open Letter to the Sri Lankan Government on the Mass Arrests and Detentions of Tamils tag:www.imadr.org,2007:/statement//29.595 2007-12-07T03:19:15Z 2007-12-10T03:39:49Z Open Letter to the Government on the Recent Arrests and Detentions As civil society organizations committed to uphold the equality and dignity of all Sri Lankans, we are deeply concerned about the mass arrests and detentions of Tamils in the first three days of December 2007. The most recent figures available to us for this three day period show that over two thousand people have been arrested and detained. The levels of harassment and intimidation as well as of arbitrary arrest and detention, abduction and disappearance and extra-judicial execution faced by the Tamil community in Sri Lanka at the hands of the State, the LTTE and other armed groups have greatly increased over the past year. The recent arrests and detentions that have taken place in the course of cordon and search operations carried out islandwide come in the wake of this general pattern. These actions also increase the marginalization and discrimination that the Tamil community has experienced at the hands of successive governments. In the first three days of December 2007, we have been informed of arrests in and around Colombo, Kalutara, Galle, Puttalam, Pusselawa. The majority of persons detained are young Tamils, mostly males. At least one case of Muslims being arrested has been reported. There are several cases of women who have also been arrested and detained. We have received reports that the arrests and detentions have not followed existing procedures, thereby violating the basic fundamental rights of the citizens of this country. Our independent investigations show that many of the people detained were in possession of proper documentation, including police reports, but were arrested nonetheless. The reason or legal basis for arrests has not been provided to those who have been subjected to arrest or their next of kin. The arbitrary nature of the arrests have been made clear in cases where almost entire families have been taken into custody. In a number of cases no information regarding the reason for detention has been provided to those who have been detained or to their relatives. In many cases, the next of kin has not been provided a receipt. These are clear contraventions of the Presidential Guidelines re-issued in July 2007. From independent inquiries it appears that the National Human Rights Commission which is mandated to monitor arrests and detentions, has not received any lists of detainees. While we acknowledge the need for measures to be taken to combat terrorism and uphold security, these should be in accordance with basic human rights standards and civil liberties. The fundamental reasoning behind security measures is to protect the rights of civilians, not to curtail or violate them. We urge the authorities to ensure that existing laws are respected while carrying out security checks. Arbitrary arrests and detentions contravene the basic essence of the rights incorporated in the fundamental rights chapter in the Constitution of Sri Lanka, ensuring that all citizens are equal before the law and should be protected from arbitrary arrests, detention, cruel and inhuman treatment and torture. We are also concerned about the conditions faced by the detainees. Large numbers of people were taken into Police Stations which had limited space to accommodate them, and which lacked basic facilities such as toilets and drinking water. In October 2007, during his visit to Sri Lanka, the UN Special Rapporteur on Torture, Manfred Nowak, referred to poor conditions in detention centers which were often over crowded, resulting in inhuman treatment. He also makes specific reference to the use of torture by the TID in the detention centre at Boosa. Further, the lack of information about the location of detention centers and the restrictions placed on the access to detainees have resulted in limited or no contact between the detainees and their families or legal counsel. This has further marginalized the detainees, curtailing their legal rights. Recent restrictions of movement from the North due to security reasons have also added to the burden where families have been separated, with many young people possibly having no contact with their families. On the 8th of June 2007, the Supreme Court of Sri Lanka deplored the eviction of 376 Tamils from Colombo and provided interim relief ensuring that further evictions would not take place. This measure demonstrated that all citizens are equal before the law and have the inalienable right to reside in any place that he/she chooses, freedom of movement, and protection from cruel inhuman treatment and torture. Such standards must be adhered to and respected, ensuring that all citizens are treated equally. We the undersigned urge the authorities to take the following measures: ・Release all persons who are held without due cause ・Prevent further arbitrary arrests and detentions taking place ・Ensure that persons already detained are provided access to family and legal counsel ・Allow immediate access to all detention centres by ICRC to meet will all prisoners detained ・Follow the existing rules and procedures laid out in the emergency regulations and Presidential Directives regarding due process in arrests and detentions including informing relatives and HRC of the arrest, and the provision of a receipt ・The Help Desk to be set up by the Ministry of Human Rights should include a publicly available central registry of detainees and detention centres. ・Lists of detainees, updated daily, should be posted in places of detention in Tamil as well as Sinhala ・The Human Rights Commission should, in accordance with its mandate: - immediately activate its emergency hotline - actively monitor arrests and detention, including making immediate visits to areas where mass arrests are reported to take place and about to take place. - urgently visit places where detainees are alleged to be held and make available to the public details of such visits along with their observations and recommendations; - monitor and make inquires into the procedures followed in arresting and detaining persons, ・In addition, the Human Rights Commission should maintain a public list of detainees and places of detention in all regional centres and on its webpage, which should be updated daily ・Cease immediately the practice of torture in detention camps and police custody by prosecution of those responsible ・Improve the conditions of detention centers ・Take on board and implement the recommendations made by the Special Rapporteur on Torture following his visit to Sri Lanka in October 2007 Signatories: Association of War Affected Women Centre for Human Rights and Development Centre for Policy Alternatives Equal Ground Free Media Movement Home for Human Rights INFORM Human Rights Documentation Centre International Friends for Global Peace International Movement Against Discrimination and Racism Law and Society Trust Mothers and Daughters of Lanka Muslim Information Centre National Peace Council Women and Media Collective]]> An Open Letter to Mr. John Holmes regarding military interference in matters relating to civil society in Sri Lanka tag:www.imadr.org,2007:/dev/july2007/statement//29.463 2007-10-17T05:26:19Z 2007-10-17T05:30:03Z Mr. John Holmes Under Secretary General, Humanitarian Affairs United Nations Geneva, Switzerland Military interference during your meeting with Jaffna NGOs meeting As civil society organizations concerned about the deteriorating human rights and humanitarian situation in Sri Lanka, we welcomed your visit to Sri Lanka. An objective ground assessment of the situation in Sri Lanka, carried out by a person of your standing, would have been a critical component of any future discussions on a return to peace in Sri Lanka. Sadly, however, we have learned that your attempt to meet with civil society representatives during your visit to Jaffna on August 7 was marred by the heavy presence of the military at the Public Library, Jaffna, where the meeting was held. Our colleagues in Jaffna have also conveyed to us that on the day before your visit to Jaffna, the military commander called for a meeting at Palaly military headquarters, at which NGOs and civil society representatives were instructed not to refer to human rights issues and to restrict themselves to issues of humanitarian assistance during their meeting with you. Several UN agencies had also been present at this briefing by the military. The military told the NGO and civil society representatives present that they, the military, would brief you about the human rights and security situation, while the Government Agent would brief you about the situation of Internally Displaced Persons (IDPs). Humanitarian and human rights groups in Jaffna have expressed their serious reservations about this interference by the military and regret their inability to meet you in a more private manner, which would have enabled them to freely share their views, perspectives and experiences with you. We condemn this type of military interference in matters relating to civil society and NGO activity. This completely undermines existing practice in which visiting UN officials meet with civil society groups during country visits, insisting on privacy for such meetings, even going as far as declining invitations when these conditions are not met. Given the high levels of insecurity, that include killings and abductions, faced by humanitarian agenices, human rights organizations and other civil society organisations we are also deeply concerned of the security implications for the actors who were invited to the meetings. The steps taken by the military in Jaffna to restrict your access to information can only reaffirm concerns in the international community that there is no transparency and accountability of the government and of the military when it comes to both human rights and humanitarian issues in the conflict-affected areas of Sri Lanka. We strongly feel that you will reflect these concerns in your reports, on the basis that your ability to obtain an objective assessment of the ground situation in the country based on perspectives of various stakeholders including humanitarian agencies on the ground was negatively affected by this situation. Centre for Policy Alternatives/Free Media Movement/INFORM Human Rights Documentation Centre/International Movement Against All Forms of Racial Discrimination (IMADR)/Law & Society Trust/Rights Now NGO Joint Statement before Special HRC Session on Myanmar (external link) tag:www.imadr.org,2007:/dev/july2007/statement//29.464 2007-10-07T05:33:26Z 2007-10-17T08:53:38Z