Document #1142433
IRB – Immigration and Refugee Board of Canada (Author)
On 4 and 5 November 2003, while Prime Minister Ranil Wickramasinghe (United National Party) was on an official visit to the United States, President Chandrika Kumaratunga (Peoples Alliance Party) suspended parliament, dismissed the Ministers for Information, Home and Defence, and deployed the military to guard government buildings (ICG 1 Dec. 2003; ACHR 6 Nov. 2003; Channelnewsasia 6 Nov. 2003a). During the two-day long state of emergency, the military, now controlled by the President, "set up checkpoints and checked identity papers of pedestrians and motorists" in Colombo (ibid. 6 Nov. 2003b). Although the President quickly revoked the state of emergency laws, military personnel were authorized by the President to conduct "nationwide searches" (ibid. 7 Nov. 2003).
The President's actions were reportedly made in response to what she believed was the Prime Minister "'making too many concessions'" to the Liberation Tigers of Tamil Eelam (LTTE) after the Tigers presented their power-sharing proposal3/4which included the creation of an Interim Self-Governing Authority for the north east (ACHR 6 Nov. 2003)3/4to the government of Sri Lanka in October (ibid.; ICG 1 Dec. 2003; BBC 5 Nov. 2003). However, the Asian Centre for Human Rights' (ACHR) initial analysis of the state of emergency in Sri Lanka also suggests that the President may have been concerned about the possibility of impeachment (ACHR 6 Nov. 2003). Similarly, a 10 December 2003 AFP report states that Kumaratunga "suspended parliament...to stall any legislative moves against her."
According to the AFP, Prime Minister Wickramesinghe and President Kumaratunga recently engaged in talks to negotiate their "cohabitation" (10 Dec. 2003). However, the same article states that while the Prime Minister insists on control over the military in order to continue heading the peace process, the President has no intention of relieving herself from that position (AFP 10 Dec. 2003). TamilNet reported that the President offered to share defence responsibilities with the Prime Minister, but that he rejected her proposal (1 Dec. 2003). A snap election may be held if the two leaders fail to reach an agreement (ibid.; ICG 1 Dec. 2003; AFP 10 Dec. 2003).
Information on the consequences of the current political situation for the Tamil population was scarce among the sources consulted by the Research Directorate. In her televised speech to the nation, the President made the following assurances to Sri Lanka's minority groups:
I wish to assure the minorities of the country, especially the Tamil and Muslim communities that their concerns will be given due and serious consideration in trying to reach a negotiated settlement. I remain willing to discuss with the LTTE [Tamil Tigers] a just and balanced solution of the national problem, within the parameters of the unity, territorial integrity and sovereignty of Sri Lanka. I believe that given goodwill, commitment and the widest possible support on the part of all those concerned in solving this problem, a just and durable solution could be found (BBC 4 Nov. 2003).
However, according to a BBC analysis of the current political situation,
there are minority Tamils, who now feel threatened by the political instability.
In the frontline town of Vavuniya, Tamils are now carrying their identity cards again for the first time in almost two years - fearful of being stopped by the security forces and questioned.
Some people in Jaffna are canceling trips away in case they get stranded and cannot return to the town to care for their families.
Those who have relatives abroad in the huge Tamil diaspora are, once again, wondering if they should leave Sri Lanka and join them (10 Nov. 2003).
According to Lakshman Kadirgamar, Kumaratunga's international affairs advisor, "'the president has no intention of resuming or provoking the resumption of hostilities'" with the LTTE (Channelnewsasia 5 Nov. 2003). Norway's deputy foreign minister and peace negotiator for the Sri Lankan conflict, Vidar Helgesen, stated that the peace process was currently "on hold" until the political power struggle is resolved (BBC 14 Nov. 2003; AFP 1 Dec. 2003). Helgesen added that "it is going to be hard to sustain a ceasefire in the absence of a political process" (BBC 14 Nov. 2003).
While not a direct result of the current political crisis, incidents of violence against Tamils continue, primarily in the northeastern region of Sri Lanka (HRW 7 Aug. 2003; TamilNet 29 Nov. 2003; ibid. 14 Nov. 2003). In November 2003, soldiers of the Sri Lankan army3/4allegedly in retaliation for a soldier who was killed by Kiran villagers, in Batticaloa District3/4attacked the Kiran villagers and drove over 100 families from their homes (ibid.). The same report maintains that the deceased soldier had been involved in several robberies at Kiran village (ibid.). TamilNet also reported that soldiers of the Sri Lankan Army "mercilessly assaulted and fired at a group of Tamil citizens" who were game hunting in Vadamarachchi division, Jaffna, "injuring several of them" (ibid. 29 Nov. 2003). Another seven members of the group were arrested and later released (ibid.). No information on the motivation for the attack was reported. Moreover, after the killings of two Muslims in Kinniya Division, Trincomalee District, Muslim youth allegedly blocked the distribution of food and other provisions intended for Tamil residents (ibid. 30 Nov. 2003). Over 100 Tamil families are reported to have sought refuge in a local welfare centre (ibid.). For further information on incidents of violence and ethnic tension affecting Tamils in Sri Lanka, please refer to TamiNet.com.
According to Human Rights Watch (HRW), "at least 22 people with links to Tamil political parties opposed to the LTTE have been killed in politically motivated attacks" since the February 2002 ceasefire agreement was signed (7 Aug. 2003). Amnesty International (AI) adds that there have also been attempted killings, abductions and other ill-treatment of members of Tamil political parties and individuals associated with them (12 Aug. 2003). Based on eyewitness testimonies, both rights groups maintain that the violence is being perpetrated by the LTTE in a "systematic campaign" to silence opposition voices (HRW 7 Aug. 2003).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Agence France Presse (AFP). 10 December
2003. Amal Jayasinghe. "Fresh Talks Fail to End Sri Lanka Power
Struggle." http://www.reliefweb.int/w/rwb.nsf/6686f45896f15dbc852567ae00530132/9d7cc345971511efc1256df8004625ef?OpenDocument
[Accessed 11 Dec. 2003]
_____. 1 December 2003. "Lanka Heading
for Snap Election." http://www.thedailystar.net/2003/12/01/d31201130287.htm
[Accessed 2 Dec. 2003]
Amnesty International (AI). 12 August
2003. "Open Letter to Liberation Tigers of Tamil Eelam (LTTE), Sri
Lanka Monitoring Mission (SLMM) and Sri Lankan Police Concerning
Recent Politically Motivated Killings and Abductions in Sri Lanka."
(ASA 37/004/2003) http://web.amnesty.org/library/Index/ENGASA3700442003?open&of=ENG-LKA
[Accessed 12 Dec. 2003]
Asia Centre for Human Rights (ACHR). 6
November 2003. "Constitutional Coup in Sri Lanka: Back to the Bad
Old Days." http://www.ecoi.net/pub/jw172_Constitutional_Coup_in_Sri_Lanka.pdf
[12 Dec. 2003]
BBC News. 14 November 2003. "Norway
Explains Peace Role." http://news.bbc.co.uk/2/hi/south_asia/3270315.stm
[Accessed 4 Dec. 2003]
_____. 10 November 2003. Frances
Harrison. "Analysis: Dicing With Sri Lanka's Future." http://news.bbc.co.uk/2/hi/south_asia/3258253.stm
[Accessed 4 Dec. 2003]
_____. 5 November 2003. "Emergency
Declared in Sri Lanka: Sri Lankan President Chandrika Kumaratunga
has declared a State of Emergency in Sri Lanka Amid a Growing
Political Crisis." http://news.bbc.co.uk/2/hi/south_asia/3242667.stm
[Accessed 4 Dec. 2003]
_____. 4 November 2003. "Sri Lanka
President's Address." http://news.bbc.co.uk/2/hi/south_asia/3241763.stm
[Accessed 4 Dec. 2003]
Channelnewsasia. 7 November 2003. "Sri
Lanka President Withdraws Emergency as PM Vows to Revive Peace
Push." http://www.channelnewsasia.com/stories/afp_asiapacific/view/56071/1.html
[Accessed 4 Dec. 2003]
_____. 6 November 2003a. "Embattled Sri
Lankan PM Gets White House's Support." http://www.channelnewsasia.com/stories/southasia/view/55832/1/.html
[Accessed 4 Dec. 2003]
_____. 6 November 2003b. "Troops Step Up
Presence in Sri Lankan Capital Under Emergency." http://www.channelnewsasia.com/stories/afp_asiapacific/view/55886/1/,html
[Accessed 4 Dec. 2003]
_____. 5 November 2003. "Sri Lanka
President Vows Not to Provoke War With Tigers." http://www.channelnewsasia.com/stories/afp_asiapacific/view/55690/1/.html
[Accessed 4 Dec. 2003]
Human Rights Watch (HRW). 7 August 2003.
"Sri Lanka: Rights Groups Say LTTE-Linked Killings Continue With
Impunity." http://hrw.org/press/2003/08/srilanka080703.htm
[Accessed 11 Dec. 2003]
International Crisis Group (ICG). 1
December 2003. No. 4. Crisis Watch. "Sri Lanka." http://www.crisisweb.org//library/documents/crisiswatch/crisiswatchdec.pdf
[Accessed 9 Dec. 2003]
TamilNet. 1 December 2003. "Colombo
Talks Produce No Breakthrough." http://www.tamilnet.com/art.html?catid=13&artid=10590
[Accessed 4 Dec. 2003]
_____. 30 November 2003. "Kinniya Tamil
Families Seek Refuge at Welfare Center." http://www.tamilnet.com/art.html?catid=13&artid=10571
[Accessed 4 Dec. 2003]
_____. 29 November 2003. "SLA Soldiers
Assault Civilians in Vadamarachchi." http://www.tamilnet.com/art.html?catid=13&artid=10565
[Accessed 4 Dec. 2003]
_____. 14 November 2003. "SLA Said
Attacking Kiran Villagers." http://www.tamilnet.com/art.html?catid=13&artid=10445
[Accessed 4 Dec. 2003]
Additional Sources Consulted
Dialog
Internet sites, including:
Amnesty International
BBC News
European Country of Origin Information
Network
Forum for Human Dignity
Human Rights Watch
International Crisis Group
Refugee Council (UK):
Sri Lanka Monitor
Sri Lanka Monitoring Mission
UNHCR: ReliefWeb
The current political situation; consequences for the Tamil population [LKA42248.E] (Response, French)