Country Report on Human Rights Practices for 1985
SRI LANKA
Sri Lanka is a multiparty democracy. Its Constitution,
adopted in 1978, provides for a strong executive president who
is independent of the unicameral parliament. Both are elected
by universal adult suffrage, with members of parliament to be
selected in future general elections on the basis of a system
of proportional' representation. The Constitution also
provides for an independent judiciary and the rule of law.
When the 1978 Constitution came into effect, the then Prime
Minister and leader of the United National Party (UNP), J. R.
Jayewardene, became President.
A developing country, Sri Lanka has achieved a high cpjality of
life despite low per capita income which in 1984 still stood
at only $340. Tea exports are Sri Lanka's largest source of
foreign exchange earnings. Other agricultural products and
textiles are also major exports. Approximately 60 percent of
Sri Lanka's productive capacity is state-owned or controlled,
the result of large-scale nationalization in the early
1970's.
Sri Lankans are ethnically and religiously diverse: 74 percent
are Sinhalese, mostly Buddhists; 18 percent are Tamils,
predominantly Hindus; 7 percent are Muslims of varying ethnic
origins; the remainder consist of Malays, some descendants of
European colonists, and a small number of aboriginals, the
Veddahs . Of the Tamil population, two-thirds are so-called
"Ceylon Tamils" whose presence on the island dates back many
centuries. The rest are "Indian Tamils," who were recruited
in India during the last century to work on the tea
plantations. Under the British colonial administration prior
to 1948, Ceylon Tamils held a disproportionate share of
influential positions in government service, the police, the
professions, and commerce. With independence, Sinhalese
political leaders sought to redress what their community
regarded as an imbalance in favor of Ceylon Tamils; typical of
their efforts was the so-called "Sinhala-Only" Act of 1956
which made Sinhalese the sole official language of the
country. For Tamils, the Act stood for government-sanctioned
discrimination against them. However, Tamil was designated a
"national" language by the 1978 Constitution and its use in
government, education, and the courts is specifically
protected in the Constitution.
A growing Tamil conviction that they do not enjoy political
rights equal to those of the Sinhalese majority led some
moderate political leaders and frustrated Tamil youths to
conclude, by the mid-1970 's, that separation of the
Tamil-majority areas of the island into an independent Tamil
state or "Eelam" was the only solution. The political leaders
renamed their party the Tamil United Liberation Front (TULF)
and contested the 1977 elections on a platform of
independence, winning all 14 seats in the heavily Tamil
Northern Province and two seats in the Eastern Province, which
has a sizable Tamil minority. Many militant Tamil youths
turned to armed struggle and to terrorism as their way of
attaining Eelam. Their targets have been government security
forces, officials, Sinhalese civilians and Tamils who do not
support their cause. Government security forces have not
succeeded in their efforts to end separatist violence. Poorly
prepared for the task, they have sometimes retaliated against
innocent Tamil civilians.
Despite the TULF's advocacy of separatism, from 1977 onwards
it sought to negotiate with the Government a political
resolution of Tamil grievances. TULF members lost their seats
in Parliament in 1983 after they refused to swear allegiance
to the Sri Lankan unitary state, as required by a
constitutional amendment enacted that year. By-elections to
fill these seats have been postponed because of the unsettled
security situation in the North and East, and as a result
Tamils living in those constituencies are currently without
representatives in Parliament. There are currently three
Tamil United National Party members of Parliament and three
Tamils in the cabinet, including the leader of the Ceylon
Workers Congress (CWC), a labor union-cum-political party
which represents the interests of Sri Lanka's Indian Tamil
community.
Throughout 1984 an All-Party Conference sought to develop a
political compromise based on the devolution of certain powers
to local government bodies. The process ended in stalemate in
December 1984 when the TULF rejected the Government's
proposals for devolution, and the Government subsequently
withdrew them. During early 1985, both sides stepped up their
attacks, with the Government mounting a series of military
operations in the north and east in an effort to locate the
Tamil separatists and their facilities and to eliminate them.
The murder by Tamil militants of 146 mostly Sinhalese
civilians in an attack on the Buddhist sacred city of
Anuradhapura in May shocked the nation and led to renewed
efforts to find a negotiated settlement to the communal
problem. With India's help, a "cessation of hostilities"
between the major militant groups and the Government was
arranged, and face-to-face talks were begun in Bhutan; these
broke down in August in the face of mounting ceasefire
violations by both sides. The talks revealed a wide gap
between Tamil demands and the concessions that the Government
was prepared to make. Indirect exchanges between the
Government and representatives of the Tamil separatists
continued sporadically through the end of the year, but
violence resumed at previous levels as intercommunal fighting
spread to the multiethnic Eastern Province. The "cessation of
hostilities" remained in effect only nominally, while a
multiethnic ceasefire monitoring committee endeavored to
investigate reports of violations by both sides. Its reports
at the end of the year concluded that both sides had been
guilty of violations.
As in previous years, controversy over the actions of the
security forces has been a major source of tension. Their
numbers are relatively small: 18,000 in the police and 21,000
in the armed services. They once had a considerable number of
Tamils among their ranks, and as recently as 1984 the senior
police officer was a Tamil. But by 1985 no more than 5
percent of police personnel were Tamils; in the armed services
virtually 100 percent of enlisted ranks are now Sinhalese.
The Government has admitted that breaches of discipline among
the security forces have occurred and some measures have been
taken to punish wrongdoers. A major problem has been the
tendency of the security forces, when attacked, often by land
mines planted by the separatists, to strike out
indiscriminately at the civilian population. There are
indications that the landmines are delibferately placed in
civilian areas so as to provoke these retaliatory attacks by
the security forces. Civilians in disputed areas often fear
both the security forces and the militant separatists.
Some traditional rights remained restricted in 1985 because of
the continuing insurgency. The Prevention of Terrorism Act
(PTA), instituted as a temporary measure in 1979 and made
permanent in 1982, gave the Government special powers to
arrest without warrants and to detain for long periods without
bail or charges those suspected of acting against the State.
Emergency regulations, promulgated under the state of
emergency which has been in effect since May 1983, have given
the police broad powers, including the power of preventive
detention. At midyear, however, the Government relaxed some
restrictions adversely affecting residents of the north and
east by lifting curfews and easing enforcement of security
zones. Some detainees held under the PTA were released, while
others were formally charged. In addition, formal press
censorship was lifted in July.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
The death toll, mostly in the north and east, from politically
motivated violence arising from the communal conflict rose
again in 1985. The Government estimated that 1,078 persons
were killed due to ethnic violence. Of these, 885 were
civilians, 75 police, and 118 members of the armed forces.
Continuing violence throughout the year was punctuated by a
number of particularly serious incidents of violence by both
sides. While conclusive evidence is often lacking, the
following are instances in which security forces allegedly
attacked innocent civilians. On May 9, after a landmine
explosion the previous day in which an army major was killed,
members of an army patrol allegedly killed 43 young Tamil
males in Velvetitturai on the Jaffna Peninsula. On May 15, a
ferry enroute to the Jaffna Peninsula was stopped and 26
Tamils were killed by a group of men armed with knives and
blunt instruments; survivors of the attack claim to have
recognized several of their attackers as members of a nearby
Sri Lankan naval detachment; on the basis of a high-level
naval inquiry, the Government has reported that there was no
evidence that naval personnel had been involved. Members of
the local home guards were identified by survivors as the
perpetrators of an incident June 3 outside of Trincomalee on
the east coast in which a bus was stopped and 13 Tamil
passengers shot dead. On August 16, near Vavuniya in the
north-central part of the country, members of an army patrol
who had escaped injury from a landmine explosion moments
earlier allegedly undertook reprisals against nearby Tamil
civilians, reportedly killing as many as 100 people. The
Government initiated an inquiry and reported that 22 were
killed when army reinforcements arriving on the scene "acted
without restraint," and that it was taking disciplinary action
against the officer in charge of the reinforcements. On
November 16 four policemen were killed in the east coast town
of Batticaloa when a landmine detonated under their jeep.
According to witnesses, police subsequently shot and killed
nine local civilians.
In the few cases in which investigations have revealed that
the security forces have acted improperly, the Government has
maintained that it was unable to obtain adequate evidence to
prosecute. It has instead dealt with misbehavior
administratively. In 1985, four servicemen were "discharged
with ignominy," and inquiries or disciplinary proceedings were
being conducted against other members of the security forces
allegedly implicated in such incidents as the deaths of Tamil
civilians in Velvettiturai in May and in Vavuniya in August.
In 1985, more than in previous years, Tamil militants targeted
civilians in addition to the security forces. Typically
Tamils accused of collaborating with the Government were tied
to a lamp post or telephone pole with a sign noting their
alleged crime, and then shot. According to Government
figures, 61 Tamils were killed in this manner. The militants
also assassinated several prominent members of Jaffna 's Tamil
community, including a school principal and two former members
of parliament, for allegedly being traitors to the cause of
Tamil Eelam. Militants were also responsible for setting the
explosives which on January 19 destroyed most of the Yal Devi
express train from Jaffna to Colombo, killing 29 soldiers and
11 civilians. Tamils attacked police stations in Jaffna and
Mannar in April and May respectively, killing close to 50
police. On May 3 guerrillas attacked a naval base, an army
camp, and a police station on the Jaffna Peninsula.
Whereas most previous attacks against civilians had been
directed against members of their own ethnic community, Tamil
militants on May 14 attacked Sinhalese civilians in and near
the ancient Sinhalese capital of Anuradhapura, killing 146
persons, including 21 women and 14 children. It is widely
believed that this incident of terrorism was in retaliation
for the alleged killing of 43 young Tamil males in
Velvettiturai by army personnel 5 days earlier. Tamil
militants are also credited with attacks on the Eastern
Province village of Namalwatte on November 7 in which 10
Sinhalese civilians were killed and an attack September 16 on
the Buddhist temple in Thirukunamadu, also in the Eastern
Province, in which 2 Buddhist priests and 3 pilgrims were shot
dead.
b. Disappearance
Although no accurate statistics are available, reported
disappearances rose during 1985. There were a number of
reports of the disappearance of young Tamil males who had been
arrested and taken in for questioning by the security forces.
In a practice once limited mostly to the Jaffna Peninsula,
police and military patrols operating in the north-central and
eastern-coastal parts of the country also began making
large-scale arrests and detentions of young Tamil males as the
insurgency spread to those areas. Amnesty International
estimated in October that 180 such detainees had "disappeared"
in "recent months." Some of those detained were later
discovered by their families to be in detention at police
stations or in army detention camps. Others have not been
found. In several instances, relatives or organizations
seeking information about the missing say they were told the
individual had never been arrested, or had been released and
departed for terrorist training outside the country, or had
been shot while trying to escape. The Government estimated
that 60 civilians and members of the security forces were
abducted by Tamil militants and are presumed to have been
killed. The most prominent case of disappearance in 1985
involved Father Mary Bastian, a Tamil Catholic priest in the
western-coastal Mannar area. On January 5-6, an army patrol
searching for guerrillas opened fire in the vicinity of his
church, reportedly killing eight persons. According to some
eyewitnesses, among those killed was Fr . Bastian. His body
was never found and a government investigation reportedly
failed to find evidence that security forces had killed him.
At year's end, seven Sinhalese pilgrims travelling to a
Catholic shrine in northwestern Sri Lanka were reportedly
abducted by militants; their whereabouts remain unknown.
c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution guarantees that "no person shall be subjected
to torture or cruel, inhuman or degrading treatment or
punishment," and in 1982 the Government submitted to the U.N.
a unilateral declaration opposing the use of torture.
There have been persistent reports of torture or ill-treatment
by military and police of persons detained under the
Prevention of Terrorism Act. Amnesty International published
a special report in October on torture in Sri Lanka. The
report cites affidavits submitted by alleged victims, as well
as statements by doctors who claim to have treated the victims
and said that they were able to corroborate their allegations
of ill-treatment. The Amnesty International report noted that
torture victims are most often those detained for political
offenses, either radical leftist Sinhalese or Tamils accused
of collaborating with the separatists. The Government states
that, because the alleged victims are not identified in the
report, it is unable to respond to specific allegations of
torture or to pursue inquiries into individual cases.
Amnesty International also alleged that ill-treatment of
detainees usually occurs in military camps or police stations,
but is rarely reported in prisons, where regular criminals are
held. The Government has stated that no police officers have
been convicted of causing physical harm to persons in police
custody.
Prison conditions in Sri Lanka are not good, particularly in
pretrial detention centers, many of which are old and
overcrowded. In prisons for convicted prisoners, however,
there is less overcrowding. The Government has begun
construction of a new prison which is scheduled for completion
in several years.
d. Arbitrary Arrest, Detention, or Exile
The Constitution stipulates that no person "shall be arrested
except according to procedure established by law" and that an
arrested person must be informed of the reason for his
arrest. Within 24 hours, an arrested person must be brought
before a magistrate who may authorize bail or, for serious
crimes, continued detention. A suspect may be detained up to
three months without bail, or longer if a court so rules.
Persons convicted of criminal offenses may be sentenced to
"rigorous imprisonment," (hard labor) under which they are
compelled to work.
There are exceptions to the normal rules for a person detained
under the emergency regulations or under the Prevention of
Terrorism Act. Under the state of emergency, first declared
in May 1983 and renewed monthly by Parliament since then, the
President reissues each month the emergency regulations by
gazette notification. The regulations give extraordinary
powers to the police to use preventive detention on persons
suspected of planning to commit offenses or to arrest
individuals suspected of having committed a wide variety of
crimes. Detainees under these emergency regulations can be
held for up to 90 days on orders of the Attorney General,
after which time the suspect must be produced before a
magistrate. The magistrate is not empowered to investigate
the case, but under the regulations he "shall" remand the
detainee to a prison, where he can be held indefinitely. Bail
may be granted at the discretion of the Government.
The Prevention of Terrorism Act (PTA) provides that any person
arrested under this law must be produced before a magistrate
within three days unless the Minister of National Security
orders the suspect to be detained for a period of three
months. Such an order may be renewed for a period of up to 18
months. The terms of detention are set out in this order;
detainees do not have the same rights as other prisoners
regarding visits by family, access to lawyers, food, and other
conditions of incarceration.
The PTA and emergency regulations were used extensively in
1985 to detain large numbers of persons, mostly Tamil youths,
especially in the north and east. The Government has reported
it arrested 1,878 persons under the PTA. Of those, 880 had
been released at year's end. According to local human rights
activists, there were 55 detainees, as of November, who had
been held without charges under the PTA for more than the
legally permissible 18 months. In five cases, the Government
chose to redetain them under the emergency regulations. The
others were to be released, but at year's end only 8 of the 50
had been released and 1 charged under the PTA; the other 41
remained in custody.
Several observers reported that a common practice of the
security forces is to round up all young men between the ages
of 16 and 35 within about a square mile radius of the site of
a terrorist incident. Those detained under the PTA are
questioned and some are released, while others are taken to
detention facilities. Relatives may write to the Defense
Ministry and ask that the case of their family member be
reviewed. The review is conducted by a three-man advisory
board which considers the evidence, interviews the police and
the detainee, and makes a recommendation. Many of the cases
reviewed have led to a recommendation for immediate release,
but it frequently takes several months for the process of
review and release to be completed.
The Constitution empowers the courts of appeal to issue writs
of habeas corpus, and relatives of persons arrested under the
PTA or the emergency regulations have brought several habeas
corpus suits over the past few years. In no instance where
the court inquired into the detention and disappearance while
in police custody of a suspect detained under these measures
have the results been publicly released.
There is no forced labor in Sri Lanka, other than for
criminals sentenced to rigorous imprisonment.
e. Denial of Fair Public Trial
Generally speaking, an accused person is entitled to a fair
trial in open court, is represented by counsel of his choice,
and is apprised of the charges and evidence against him.
Accused persons tried in the high court are provided an
attorney if they need one, but no attorney is provided by the
Government for defendants tried in other courts.
Although trial by jury is the custom, juries are not provided
in trials under the Prevention of Terrorism Act on the grounds
that jury members could be intimidated. Although the PTA has
been in effect since 1979, and hundreds of people arrested
under its terms, there had been only three trials under the
act by mid-1985. Of those detained under the PTA who have
been released, the large majority were held for a period of
months and then set free without charges ever having been
brought. The most publicized case of the trial of a PTA
detainee, which began in November 1984, involved Father
Aparnam Singarayar, who was arrested in November 1982 and
charged with two offenses in February 1983. His trial on the
first charge, that of withholding information from the police
in a bank robbery case, was still under way at the end of 1985.
The independence of the judiciary is constitutionally
guaranteed. The Chief Justice and all judges of the Supreme
Court, courts of appeal, and high courts are appointed by the
President. The Chief Justice and two Supreme Court judges
comprise a Judicial Service Commission which appoints,
transfers, and dismisses all lower court judges.
The judicial system in the northern Jaffna Peninsula has
virtually ceased functioning due to intimidation by the Tamil
militants. For most of 1985, police in the area have not
performed their normal law enforcement activities and judges
have tried only a few cases.
f . Arbitrary Interference With Privacy, Family, Home, or
Correspondence
The Government respects individual privacy and the sanctity of
the family and the home, and the judiciary has a good record
of upholding rights to privacy in those cases which reach a
high court. Ordinarily, search and arrest warrants are
required in order to enter private premises. Under the
Prevention of Terrorism Act, however, police officers above a
certain rank and less senior officers authorized by them in
writing may, without a warrant, enter and search any premises
and seize "any document or thing" when there is a presumption
or evidence of support for, or involvement with, unlawful
activity. Critics claim that police and military personnel
often enter the homes of Tamils without cause.
Monitoring of telephones is not known to be a common practice,
despite allegations by some critics of the Government that it
taps their telephone lines.
Section 2 Respect for Civil Rights, Including:
a. Freedom of Speech and Press
The Constitution guarantees "freedom of speech and expression
including publication," but it also permits these guarantees
to be restricted "as may be prescribed by law in the interests
of national security." Sri Lankans are generally free to
express their views in private but may be prosecuted under the
emergency regulations for making certain kinds of remarks in
public. Press censorship was in effect for five months in
1985 on articles relating to terrorist activities, security
operations, and communal matters. After formal censorship was
ended on July 18, the Government asked the media to exercise
restraint in publishing information on security-related
subjects, and a measure of self-censorship was apparently
practiced. In November, restrictions were placed on the
publication of press reports on the activities of the
Ceasefire Monitoring Committee.
The Government adopted on March 31 a more restrictive policy
regarding issuance of press credentials to foreign
correspondents. Sri Lankan diplomatic missions were
authorized to review a correspondent's past reporting or that
of his journal for fairness and accuracy before a visa and
press credentials were issued. In practice, however, many
foreign journalists entered the country in 1985 on tourist
visas .
There also were some instances in 1985 in which individuals
were prosecuted for their statements. A Canadian citizen of
Sri Lankan descent, who was chairman of the citizens committee
of the east coast town of Kalmunai, was charged in May with
sedition for making certain statements, principally repeating
to a foreign journalist a report he had given to the police
about an alleged atrocity by the security forces. The
Government accused him of relaying rumors and argued that it
was irrelevant whether the rumors were true. One person,
arrested after distributing leaflets at a demonstration by
university students, was held for several days, then released.
Although the Government controls the country's largest
newspaper chain and owns the radio and television services, a
variety of independent newspapers and journals provide a full
range of viewpoints on foreign policy and most domestic
matters. Many small circulation periodicals published by
opposition political parties operate in an unrestricted manner.
Academic freedom is generally respected. In January 1985, the
Parliament passed a bill amending the Universities Act of
1978. The amendments, among other things, provided for more
government control over the selection of the senior university
administrators, the vice chancellors. Critics charged that
the amendments undermined the country's system of free higher
education and restricted academic freedom by unduly increasing
government influence. There were several demonstrations,
sometimes violent, against the amendments in February and
March. The Government responded by closing several
universities temporarily and arresting or forcibly dispersing
protestors in some instances. The Government also temporarily
extended press censorship to matters pertaining to
postsecondary education.
b. Freedom of Peaceful Assembly and Association
The Constitution guarantees freedom of assembly and
association and the right to form and join trade unions. Sri
Lanka has an abundance of private associations, devoted to the
promotion of business, professional, educational, religious,
charitable, and humanitarian causes, which are free to
maintain ties with international bodies. However, there are a
few restrictions on free assembly and association. One
leftist political party, the Janatha Vimukti Peramuna (JVP),
has been proscribed since 1983. Under the emergency
regulations, the President (or his designee) is empowered to
prohibit public meetings which would be "likely to cause a
disturbance to public order or promote disaffection."
In practice, the police issue permits for outdoor, public
meetings or processions and special permission is required for
use of a loudspeaker. The question of whether to issue a
permit is left to the discretion of the superintendent or
assistant superintendent of an area, who may refuse a permit
if he anticipates a breach of peace; in 1985 the practice of
issuing permits sometimes appeared inconsistent. For example,
one group advocating a peaceful settlement to Sri Lanka's
communal conflict had several requests for demonstration
permits denied. In contrast, a group of political and
religious leaders opposed to continuation of the peace talks
with Tamils received a permit for a public meeting.
Worker rights are recognized and protected by law. Any seven
workers may form a union, draw up their own procedures, elect
their own representatives, and formulate programs. Workers
are expressly granted the right to bargain collectively. When
workers and employers are not able to resolve a dispute, there
is an arbitration system which involves Labor Department
officers. These officers are stationed throughout the country
to assure that employers fulfill their legal and contractual
obligations to workers and to be available for arbitration in
minor local disputes.
Excepting public service employees, workers are free to strike
in Sri Lanka and have done so frequently. Under the emergency
regulations, the President may declare any business to be an
essential service, making a strike illegal. During 1985, the
Government used this power to terminate strikes or other job
actions several times. In the case of public service
employees as well as workers in "essential services," the
Government generally agreed to discuss grievances with a labor
representative. A group of the 8,000 workers who were fired
during a strike in 1980 brought a complaint against the
Government in 1983 before the International Labor Organization
Committee on Freedom of Association. In its session of
May-June 1985, the Committee urged the Sri Lankan Government
to do its utmost to reinstate those workers who had been
without employment since 1980 and to conclude as rapidly as
possible the trials of five trade union leaders who had been
charged in connection with the 1980 strike.
Over 1,000 labor unions and federations together represent
about one-third of the 6.9 million-strong labor force.
Workers in the nonplantation agricultural sector and most of
those employed in small businesses, as well as workers in the
free trade zone, are not represented by unions. Employees in
the zone participate in labor-management company
associations. Although there are a few independent unions,
most of the largest worker organizations are affiliated with
political parties, frequently operate as arms of those
parties, and play a significant role in the political
process. Since worker organizations' party affiliations are
fixed, their memberships fluctuate depending on which is the
governing party. Despite constraints arising from their
political affiliations, Sri Lankan unions have been effective
in improving conditions for workers. Many unions maintain
ties with international labor federations and trade
secretariats .
c. Freedom of Religion
Although the Constitution establishes Buddhism as the official
religion and requires the Government "to protect and foster"
Buddhism, it also guarantees the right of all Hindus, Muslims,
and Christians to practice their religions freely. Most
members of the majority Sinhalese ethnic group are Buddhists,
while most Tamils are Hindu. There are Christians from both
groups. Religious differences generally are not a basis for
discrimination. Sri Lankans of every faith are free to
maintain links with coreligionists in other countries, as well
as to undertake religious travel.
Two cabinet ministers are assigned the additional portfolios
of Minister of Muslim Affairs and Minister of Hindu Affairs to
deal with issues involving those minority religions.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution guarantees every citizen "freedom of movement
and of choosing his residence within Sri Lanka" and "freedom
to return to Sri Lanka." These guarantees are generally
honored. The present Government removed exit visa
requirements imposed by its predecessor and now permits
virtually unimpeded emigration and foreign travel. Many Sri
Lankans have taken advantage of this policy to seek jobs
abroad. According to some estimates, there were 180,000 Sri
Lankans working abroad in 1985.
Some Sri Lankans, predominantly young male Tamils, have sought
refugee status or political asylum abroad on the grounds that
they are members of a persecuted minority. Despite the
freedom to return cited in the Constitution, in 1985 there
were a few cases of returning Tamils being arrested on arrival
and detained for a period of days. Those detained either had
traveled on forged passports or were suspected of narcotics
offenses. The Government has said it does not take legal
action or discriminate against those returning to Sri Lanka
when their applications for asylum have been refused.
Refugees or displaced persons from other countries are
generally denied entry to Sri Lanka. The Government does not
permit refugees to stay in the country even while they are
seeking permanent residence elsewhere.
Due to concern that Tamil terrorists were frequently crossing
from southern India to northern Sri Lanka via the Palk
Straits, the Government adopted a series of measures beginning
in April 1984 which progressively restricted freedom of
movement in that area. Expanding on the maritime surveillance
zone imposed in April 1984, in November of that year the
Government announced a prohibited zone along some 200 miles of
Sri Lanka's northern coastline. It also imposed a security
zone in the entire Jaffna Peninsula. These m.easures
restricted free movement in the area to a considerable extent
and made it virtually impossible for the large number of
fishermen resident in that area to earn their livelihood.
These restrictions as well as nightly curfews in the north
were gradually relaxed during the late spring of 1985. The
curfew was terminated in July, but the restrictive zones
remain technically in effect under the emergency regulations.
As a result of these various restrictions as well as the
threat or fear of becoming involved in the spreading communal
violence, large numbers of Sri Lankans were displaced from
their homes in 1985. According to some estimates, during the
period 1983-1985 more than 100,000 Sri Lankan Tamils sought
refuge in the Indian state of Tamil Nadu. The Government
estimates that as of year's end some 46,000 persons were
housed in refugee camps in Sri Lanka with another 94,000
having sought refuge elsewhere in the country (with friends or
relatives). Of the total estimated 140,000 displaced persons,
88,000 are Tamils, 49,000 are Sinhalese, and the remainder
Muslim. The continued unsettled security situation has made
it difficult for these people to return to their homes.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Sri Lanka is an open, working, multiparty democracy. Citizens
enjoy universal adult suffrage, and voter turnout is generally
over 80 percent. Traditionally, the UNP and the other major
political party, the Sri Lanka Freedom Party (SLFP), both of
which draw their following mainly from the Sinhalese majority
community, have alternated in forming governments. The
current UNP government came to power in the general elections
of 1977, gaining 51 percent of the popular vote and 83 percent
of the seats in Parliament. The UNP government formulated a
new Constitution, adopted by Parliament in 1978, which
established the office of a directly elected executive
president and provided for a proportional representation
system in future parliamentary general elections.
Jayewardene became the first President under the 1978
Constitution and was returned to office in the presidential
election of October 1982, gaining 53 percent of the popular
vote. General elections to Parliament due in 1983 were not
held. Instead, citizens went to the polls in a referendum
held in December 1982 to vote on a constitutional amendment to
extend the term of the 1977 Parliament from 6 to 12 years.
Restrictions were imposed on the activities of opposition
parties during the referendum campaign, and some voting
irregularities were reported. The amendment was approved with
54.5 percent of the votes and Parliament's term now runs until
August 1989. UNP candidates have won most of the by-elections
held since 1977, including the two held in 1985. President
Jayewardene ' s United National Party now holds 140 out of 153
occupied seats in Sri Lanka's unicameral legislature.
Sri Lanka's political parties represent a variety of political
views. Most opposition parties function freely, several
operate their own newspapers, and the activities of their
leaders are covered by the media. One party, however, the
extreme leftist Janatha Vimukti Peramuna (JVP), has been
proscribed since July 1983 for alleged involvement in communal
riots during the last week of that month. In addition, the
civic rights of the leader of the SLFP, Mrs. Sirimavo
Bandaranaike, were suspended in 1980 for a period of seven
years on the grounds that she exceeded her authority during
her tenure as Prime Minister from 1970-77. Until her pardon
on January 1, 1986, the suspension of her civic rights
prevented her from serving in Parliament and campaigning on
behalf of her party's candidates in elections.
Tamils, who comprise approximately 18 percent of the country's
population, are primarily represented by two parties. The
Tamil United Liberation Front (TULF) claims to speak for the
Ceylon Tamils resident in the north and east, and the Ceylon
Workers Congress (CWC) represents the Indian Tamils. The
President of the CWC serves as a minister in the present
Government .
Indian Tamils, who make up about one-third of the country's
Tamil population, are descended from Tamils brought from India
in the 19th century to work on the plantations. They do not
qualify for Indian citizenship under Indian law and were
denied citizenship under Sri Lankan law at independence.
Under a 1964 agreement between the governments of Sri Lanka
and India to address the problem of 1 million "stateless"
Indian Tamils, many were repatriated to India or granted Sri
Lankan citizenship. When the agreement expired in 1981, there
were an estimated 94,000 Indian Tamils, plus their offspring
born since 1964, who remained "stateless." The Government
estimates that the total number of stateless Indian Tamils is
currently around 150,000 persons. The Sri Lankan Government
has stated its intention to grant citizenship to those
remaining stateless.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government is sensitive to adverse reports on its human
rights situation but generally does not interfere with
investigations. Senior government officials frequently make
themselves available to visitors looking into human rights
issues. There were several special reports on human rights in
Sri Lanka in 1985.
A representative of the Human Rights Standing Committee of the
Law Association for Asia and the Western Pacific (LAWASIA)
visited Sri Lanka on a factfinding mission in February. The
mission's report concluded that the situation had deteriorated
since LAWASIA' s last report in 1983 due to the escalating
violence and the erosion of democracy and the rule of law.
Also in February, two members of the British parliamentary
human rights group visited Sri Lanka and concluded that "in
the present situation human rights are being violated or
infringed to a substantial extent."
The chairman of the Australian parliamentary amnesty group
visited Sri Lanka in June and presented his findings, an
update of his initial report of June 1984, to the Emergency
Committee on Sri Lanka, an informal international group of
human rights activists. He found the ethnic conflict to be
"destroying the economy, violating human rights and
undermining the progress of development programmes supported
by many governments over many years." In October an Amnesty
International newsletter included a special report on torture
in Sri Lanka, based on affidavits and doctors' reports on the
victims. The Government follows a practice of not responding
to Amnesty International reports, which it says do not
identify victims of alleged abuses and are based more on
hearsay than hard information.
In its 1985 Report (covering the year 1984), Amnesty
International expressed concern about reports of random
killings of noncombatant Tamil civilians by members of the
security forces; the detention of Tamils, members of left-wing
opposition parties, and students under legislation permitting
long-term detention without charge or trial; reports of
widespread torture of detainees; and deaths in custody.
Freedom House rated Sri Lanka "partly free."
The International Committee of the Red Cross has a branch in
Colombo which has been active in rehabilitation projects.
Several local nongovernmental organizations monitor human
rights in Sri Lanka. They collect information from families
of victims or members of citizens' committees near the site of
alleged incidents. Their periodic reports and appeals for
change, however, are generally not addressed by the
Government. Some attorneys represent defendants pro bono in
those human rights cases which reach the courts.
At the end of 1985, the Government was considering a proposal
to establish a Civil/Human Rights Commission modeled on U.S.
institutions which would be empowered to mediate grievances.
ECONOMIC, S0CI7U., AND CULTURAL SITUATION
Sri Lanka's population of 16,334,000 is growing at an annual
rate of 1.8 percent. The high rates of growth (over 6
percent) in the gross national product (GNP) Sri Lanka enjoyed
from 1978-81 have decelerated somewhat in recent years (5.2
percent in 1984). The balance of payments situation
deteriorated in 1985 due to a fall in tourism, lower world
prices for tea, and the economic and social disruptions caused
by the island's continuing ethnic strife. Lower government
revenues and greatly increased defense spending have produced
a record budget deficit which is expected to fuel inflation
and contribute to depreciation of the currency. Development
expenditures may also be curtailed to reduce the deficit.
Under the current Government's market-oriented economic
policies, the expansion of the private sector has been
encouraged. Foreign investment has been welcomed but most has'
gone into the tourist and textile industries. Sri Lanka's
rapidly growing textile exports now constitute its third
leading earner of foreign exchange. Unemployment, chronically
severe, was estimated at 11.7 percent in 1981, down from a
post independence high of 24 percent in the mid-1970's.
Agriculture, contributing nearly a quarter of GNP and
employing almost half of all Sri Lankan workers, is the
largest and most important of the country's economic sectors.
Lowlands are farmed by smallholders raising rice, fruits,
coconuts, and vegetables, while the central hill country
produces tea, largely in government-owned estates, and
rubber. In 1984 Sri Lanka was very nearly self-sufficient in
rice and overall was a net agricultural exporter. However,
lower tea prices and production difficulties in the
government-owned estates hurt the agricultural sector in 1985.
The ambitious Hahaweli scheme, a series of modern dams and
irrigation systems aimed at providing hydroelectric power and
watering large tracts of underutilized arid land, has become a
bone of contention in the current ethnic troubles. Some
Tamils object to government settlement policies that are
altering traditional local ethnic balances in newly irrigated
areas. Militant Tamils have attacked Sinhalese settlers in
some sections of the Mahaweli scheme.
Citizens have the right to acquire, hold, and dispose of
property, but each individual may own only 1 house and no more
than 50 acres. The Government permits noncitizen residents,
except "stateless" Indian Tamils, to own property.
Sri Lanka's cpaality of life is higher than that of countries
of equal income. Life expectancy at birth is 69.9 years. The
infant mortality rate is 28.4 per 1,000 live births. The
calorie supply as a percentage of requirements is 98.4 percent
(1977) and in 1980 one of three Sri Lankans had access to safe
water (65 percent urban, 18 percent rural). Although a
majority of Sri Lankans are poor by developed country
standards, there is virtually none of the starvation-level
poverty experienced in some other developing countries. Sri
Lanka's free public health care system is generally good by
Third World standards, though it is frequently plagued by
shortages of medicines and modern medical equipment. In 1983
there were 280 hospital beds and 13 doctors per 100,000
population.
Sri Lanka provides free education from primary school through
university level. The primary school enrollment ratio is 102
(male 104, female 99). The overall adult literacy rate is 87
percent and is constituted as follows: males 91 percent,
females 81 percent, rural 84 percent. Nearly 18,000 students
(44 percent female) are enrolled in Sri Lanka's 8 universities.
Under Sri Lankan labor laws, employment of children under age
12 is prohibited. Those between age 12 and 14 are called
child workers and may not be employed in industry or dangerous
occupations; employment of young persons between 15 and 18 is
subject to certain restrictions. Employees under age 18
cannot be required to work outside of specified hours. In
addition, employers are required to provide annual leave, rest
periods, and meal breaks. In practice, however, there is a
child work force, probably numbering at least several
thousand, who work illegally in Sri Lanka, mostly at jobs in
rice cultivation, as domestics, or as street peddlers.
Efforts to address this problem have been hampered by the fact
that, in some cases, child workers are a major source of
family income.
There is no minimum wage, but wage boards for 34 different
trades set minimum wages and working conditions. Actual wages
and working conditions generally exceed these minimums. Most
permanent, full-time workers are covered by laws which provide
that they shall work no more than 45 hours per week, no more
than 9 hours per day or more than 5 1/2 days per week, and
that they will receive a 14-day paid holiday annually.
Workers in the unorganized agricultural sector are not covered
by these or any labor laws, although the Governinent may
investigate individual complaints.
Women have equal rights under the law, including equal
property and inheritance rights. The various ethnic and
religious groups have their own strictures, however, which
place some limitations on women. Some Tamil families believe
their women members should not be seen working in public.
Some Muslim women are discouraged by members of their
community from seeking higher education or employment. Some
women fill important posts in the civil service, the
professions, and business, but the majority are found in
manual and semiskilled jobs and in the home. Women vote in
large numbers but otherwise play a more limited role than men
in the political process. There are currently six women
members of Parliament, including one woman minister of cabinet
rank. Sri Lanka had the world's first woman Prime Minister.
The caste system is reportedly breaking down among Buddhists,
but it remains important when marriages are arranged, and it
continues to be widely observed among Hindu Tamils. Members
of virtually all of Sri Lanka's ethnic minorities occupy
prominent positions in all walks of public and private life,
but since independence the Sinhalese majority has steadily
strengthened its relative position of influence in most
sectors of society. The miniscule Veddah population in 1985
became even more thoroughly assimilated into larger Sri Lankan
society. A number of hunting and gathering Veddah communities
were provided with land on which to begin settled agriculture,
and a few former hunters were offered jobs in national parks
and reserves .
