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NALLAYAN DECLARATION
___MEMORANDUM OF CONCERN___
The return of Ceylon Tamil refugees in South India
and the current peace process in Ceylon (Sri Lanka)

26 February 2003

Preamble

1) Representatives of over 80,000 Ceylon Tamil refugees in camps in South India met at the Nallayan Research Centre for Sustainable Development, Kancheepuram District, on 22 and 23 February 2003, on the first anniversary of the signing of a Memorandum of Understanding between the Government of Sri Lanka (GOSL) and the Liberation Tigers of Tamil Eelam (LTTE) which has resulted in continuing peace negotiations between the two parties.

2) Drawing on the concerns expressed by refugees, the convening body, the Organisation for Eelam Refugees Rehabilitation (OfERR) and Ceylon Tamil refugees have drafted this memorandum in the light of the prevailing circumstances, namely:

- in the last twelve months, five rounds of discussions have been held between GOSL and LTTE facilitated by the Government of Norway without the involvement or input of other key stakeholders. The results of these discussions remain veiled in secrecy.
- Associated discussions have taken place between the two parties and concerned refugee agencies such as the office of the United Nations High Commissioner for Refugees (UNHCR) on the resettlement and return of refugees, most recently in Kilinochchi in January 2003. These consultations followed an International Donors Conference in Oslo in December 2002, where considerable funds were pledged for the immediate reconstruction of North-East Ceylon.
- The return of refugees is generally seen by the international community as
a signal of returning normalcy and stability.
- Conditions in Northern Ceylon remain deeply uncertain. There are persistent reports of child conscription and coercive taxation of civilians. There are also reports of food and medical shortages in some areas. Tens of thousands of internally displaced persons (IDPs) have been unable to return home to “high security zones” because government military forces will not withdraw until the LTTE disarms. The Sri Lankan Monitoring Mission (SLMM) set up by the Norwegian government registered 502 violations of the ceasefire by the LTTE and 54 violations by GOSL forces, up to 31 December 2002. Almost all of these have been directed at civilians.

Principles of return
3) Since its inception in 1984, OfERR’s priority objective has been to prepare the Ceylon Tamil refugee community in South India to return home. We who have lost our homes and families during 20 years of bloody conflict that have cost 60,000 lives are deeply concerned that our return to our country should be safe, orderly and as a consequence of a peace process that is transparent, democratic and inclusive with a visible commitment to protecting the rights of all Ceylon’s citizens and the restoration of their social and material well-being.

4) We hereby affirm and uphold the following key principles that we believe must inform our return to our country. In doing so we also express our concern for and our identity with, all our fellow citizens from every background, who have suffered during this tragic conflict.

5) We believe that a lasting peace is a prerequisite for such returns. There must be unambiguous agreement between the two parties on resolving the ethnic question, the eschewing of violence and the restoration of democracy and the rule of law, in North-East Ceylon before any such returns take place.

6) The process of reaching such an agreement must be democratised. It remains self-evident that other key stakeholders in Ceylon society must be admitted to a process set up to decide their future. Ceylon Tamil refugees believe that representation in the peace talks must be broadened, deepened and made more transparent, so that all Ceylon’s citizens may genuinely participate in their own political destiny.

7) The agreement reached between the two parties must guarantee the right of all Ceylonese, persons of recent Indian origin domiciled in Ceylon, to enjoy the full panoply of human rights including the right to life, citizenship, property, universal suffrage etc, as well as self determination, as described by the Universal Declaration of Human Rights and upheld by international law and practice. The right to self-determination will remain of little use to us if other inalienable rights are denied.

8) The agreement must make specific provision for the return of refugees through the inclusion of written accords that guarantee the rights, safety and security of those returning and their social and material well being.

9) As a consequence, refugees themselves should be involved in the negotiation of such accords and in validating the social and material conditions that will make possible their return. Refugees must play an active and informed part in the return process itself.

10) Such returns can only take place on a voluntary basis, upholding international standards of safety and dignity, and underwritten by a bilateral agreement between the Governments of India and Sri Lanka.

11) Such returns should only take place when refugees can return to their homes or home areas. Transferring refugees from camps in India to camps in Ceylon will impede peace rather than promote it.
12) Internally Displaced Persons (IDPs) should be resettled, prior to the return of refugees to make available the homes of refugees, currently occupied, and as a demonstrable indicator of an effective rehabilitation process.

13) Risks to the safety and security of refugees, such as landmines and explosive remnants of war (ERW) must be fully cleared and removed, before refugees can return home.

14) The agreement must contain a commitment to the speedy reintegration of refugees through the recognition of identity documents, acquired in exile, such as refugee identity certificates and those documents certifying births, marriages and deaths as well as educational and professional qualifications acquired outside Ceylon.

15) The agreement must contain a clear commitment to restorative justice at both the material and social levels. Refugees and other Ceylonese who have lost property, relatives and livelihoods must be adequately compensated. Provision should also be made for a Truth and Reconciliation Commission (TRC) that promotes a meaningful healing process in all segments of Ceylonese society.

THE CHENNAI CALL TO ACTION:

CHALLENGING THE OBSTACLES TO THE RETURN OF CEYLON TAMIL REFUGEES

Preamble

1) Representatives of the over a hundred thousand Ceylon Tamil refugee community in Tamil Nadu, India marked the second anniversary of the Sri Lankan peace process on 23 February 2004 by inaugurating a series of wide-ranging consultations on the future of their communities and the future of their country.

2) Many of these meetings were held in the 102 refugee camps and regional centres across Tamil Nadu state that has been their home for two decades. These were a follow up of the process that resulted in the articulation of concerns by the refugees in the Nallayan Declaration of February 2003. (Annexed)

3) Drawing on the concerns expressed by the refugees, the convening body, the Organisation for Eelam Refugees Rehabilitation (OfERR) and Ceylon Tamil refugees have drafted this memorandum in the light of the prevailing circumstances, namely:

- in the last 24 months little or no progress has been made in the talks between the Government of Sri Lanka (GOSL) and the Liberation Tigers of Tamil Eelam (LTTE), facilitated by the Government of Norway.
- Conditions in North East Ceylon remain deeply uncertain. Few of the 800,000 people displaced by the war have been able to return home. Many of their homes are in “High Security Zones” controlled by the Sri Lankan military. Others are in areas controlled by the LTTE who are accused of the forcible recruitment of child soldiers and the extra-judicial killing of more than 45 political opponents in the last two years of ceasefire.
- Over a million landmines in war-affected areas, fishing restrictions in coastal areas, the absence of jobs, schools, hospitals and development are all factors that discourage people from going home. The GOSL also demands that displaced persons return to their district of origin as a condition of aid, thus discouraging any relocation or local integration of displaced persons.
- The absence of a consensus among Sri Lanka’s major political parties in the south towards the peace process and a growing rift in the LTTE between factions has increased uncertainty as a general election looms on 2nd April.

4) In spite of these obstacles, Ceylon Tamil refugees reaffirm their resolve and their right to return to their country as part of a peace process that is democratic, transparent and inclusive with a visible commitment to protecting the rights of all Ceylon’s citizens and to the restoration of their social and material well-being.

5) Creating such conditions is an arduous but indispensable obligation. It can only be achieved through strengthening the partnerships and increasing the dialogue between a variety of actors and stakeholders which include not only the current negotiating parties but key representatives of Ceylon civil society as well as the international community as custodians of international peace and security.

6) Ceylon Tamil refugees wish to express their heartfelt thanks to the government and to the people of India for their unstinting hospitality and support. We urge India to continue to watch over us and our future as a custodian of the social, cultural, and political traditions that all Tamils share.

Preparing for return

7) As a consequence, Ceylon Tamil refugees wish to highlight the following concerns which we believe are essential prerequisites to create a lasting peace and the necessary conditions for the return of refugees and displaced people to their homes. In doing so we express our concern for, and our identity with all our fellow citizens from every background who have suffered during this tragic conflict.

8) After two years of delaying tactics, the peace process must be democratised. The talks must be broadened and deepened to include all political parties and ethnic groups. There must be transparency and national debate so that all Ceylon’s citizens may genuinely participate in their own political destiny. The President, HE Chandrika Kumaratunga intends to reform Ceylon’s Constitution. Tamil refugees propose the establishment of a National Convention to agree on such constitutional changes and to oversee the peace process.

9) The Constitution agreed by such a National Convention must guarantee the rights of all Ceylonese, including persons of recent Indian origin domiciled in Ceylon, to enjoy the full panoply of human rights, including the right to life, citizenship, property, universal suffrage, etc, as well as self-determination, as described by the Universal Declaration of Human Rights and upheld by international law and practice.

10) Such a Convention should make a clear commitment to restorative justice at both the material and social levels. Refugees and other Ceylonese who have lost relatives, property and livelihoods must be adequately compensated. Provision should be made for a Truth and Reconciliation Commission (TRC) that promotes a meaningful healing process in all segments of Ceylonese society.

11) The National Convention should make specific provision for the return of refugees and displaced people through written accords that guarantee the rights, safety and security of those returning and their social and material well-being.

12) Such returns can only take place on a voluntary basis, upholding international standards of safety and dignity and underwritten by a bilateral agreement between the governments of India and Sri Lanka. Refugees must play an active and informed part in the National Convention and in validating the social and material conditions that will make possible their return.

13) The security of all other citizens in the north and east of Ceylon and the rule of law must be guaranteed before refugees and displaced people can return. Tamil refugees call for the withdrawal of Sri Lankan military forces and the voluntary disarmament of the LTTE with security provided by an international monitoring force in association with the United Nations and consonant with international law.

14) Over one million landmines ensure North East Ceylon continues to be a war zone with ensuing civilian casualties. All explosive remnants of war (ERW) must be cleared before refugees and displaced people can return home. Training in landmine awareness and victim support must be provided to those returning to affected areas.

15) The human security of Ceylon’s North East citizens must be more effectively addressed. Tamil refugees call on the international community to urgently assist all parties including international NGOs to provide food, shelter, schools, nutrition and public health that meet international quality standards of humanitarian assistance and rehabilitation. We welcome the 2003 Tokyo Donor Conference’s call for the agreement of effective benchmarks that link progress in the peace talks to funding for rehabilitation.

16) Noting, however, the relative indifference and intransigence of both parties on these issues for the last two years, we urge the international community to be both resolute and flexible. The health and well-being of three million people must not become a bargaining chip in the war of words that has dominated the last year of peace talks. Tamil refugees urge the international community to find new ways to empower civil society so that affected populations in the North East have access to food, shelter, education and healthcare. Affected communities must also be empowered to achieve forms of self-sufficiency.

17) There must be effective provision in the accords for the speedy reintegration of refugees and displaced people through the recognition of identity documents acquired in exile, such as refugee identity certificates and those documents certifying birth, marriage and death, as well as educational and professional qualifications acquired outside Ceylon.

18) Refugees or displaced people who cannot or do not wish to return to their home areas should not be disqualified from government assistance. After a bitter civil conflict of more than twenty years there must be flexibility and understanding in the resettling of communities. NGOs and civil society must examine options for peacebuilding work at the community level in areas where reintegration is complex.

19) Ceylon Tamil refugees are committed to managing and organising their own return and to rebuilding Ceylonese society on the principles of truth, justice and equality. We call on all stakeholders to join us in working to create the conditions that will allow us to live in our beloved country in peace, dignity and freedom.

TRICHY DECLARATION

THE QUEST FOR PEACE IN SRI LANKA

1) OfERR is an organisation of Ceylon Tamil Refugees providing relief and rehabilitation to over 76,000 refugees in Tamil Nadu, south India since 1984, and to over 50,000 internally displaced persons in Ceylon since 2004.

2) Since the signing of a Cease Fire Agreement (CFA) between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE) on 22 February 2002, OfERR has regularly expressed its concern to both parties for the need for a negotiated settlement to the conflict requiring a wider range of stakeholder participants including refugees, displaced people and civil society actors.

3) In its Nallayan Declaration of 2003, OfERR has argued for an integrated as well as an inclusive approach to any peace process requiring the resettlement of refugees and displaced people with a clear commitment to restorative justice at both the material and social levels through reparations and a Truth and Reconciliation Commission (TRC) to promote a meaningful healing process in all segments of Ceylonese society.

4) Five years on from the Cease Fire Agreement (CFA), a fresh outbreak of sustained fighting between both parties in the last six months has created a wave of civilian suffering across north-east Sri Lanka. Over 220,000 people have been displaced, almost 12,000 have fled to India and over 3,600 have died in fighting in 2006, the majority of them civilians.

5) The situation has been further complicated with the emergence of a third armed actor, the Tamileelam Makkal Viduthalai Puligal (TMVP) led by former LTTE Eastern Commander, Karuna, who supports the government. This has tilted the military balance in favour of Sri Lanka’s armed forces. The CFA exists now in name only and the prospects for peace seem further away than ever.

6) The losers, as ever in the current situation, appear to be Sri Lanka’s civilian population, condemned to mass displacement and a humanitarian crisis. Ominously, human rights abuses such as abductions, extra-judicial killings, torture, disappearances and child recruitment are proliferating, with allegations against the Security Forces, the LTTE, the Karuna faction and other armed groups.

7) The government has established a Presidential Commission of Inquiry with an Independent International Group of Eminent Persons to address fifteen cases of serious human rights violations. While this is a welcome and significant step to address the climate of impunity in the country, it only addresses a select few past violations.

8) Sri Lanka has a poor record on impunity despite the many thousands of disappearances and extra-judicial killings in previous years, successive governments have been demonstrably unwilling to put in place specific measures to counter the climate of impunity and address the deterioration of the human rights situation.

9) OfERR supports the call for a UN Human Rights Monitoring Mission to address the human rights crisis and deter future human rights abuses. Such international monitoring will also assist the humanitarian situation.

10) While addressing the humanitarian and human rights crisis, OfERR believes, a military de-escalation and a move towards a political solution is of urgent importance. The current climate in the country promoting a military solution both within and outside the government is counter productive.

11) The USA and other aid donor states participating in Sri Lanka’s Development Forum meeting in Galle on 29 January 2007 urged the government to halt the increasing violence saying that there was no military solution to the conflict.

12) President Rajapakse in his address to the Development Forum argued that the deliberate escalation of LTTE attacks on civilians, public property and the security forces left the government no option but “to liberate people who are victims of terrorism.”

13) After the success of the Sri Lankan army in the east, many political analysts believe that the government will not pursue a political solution because it believes that there will be no international consequences if it pursues a military option.

14) Success in the east has blinded Colombo’s military establishment to the human and financial cost of any military solution. It will be long, painful and cost thousands of lives and still may not be conclusive.

15) There is now a real opportunity, OfERR believes, for Mr Rajapakse’s government to show statesmanship and offer an acceptable political solution to the Tamil people that also seems reasonable to the outside world.

16) Ceylon Tamil refugees in south India and across the world want to return in safety and dignity to a homeland that recognises their right to be active citizens in a participatory democracy where all of Sri Lanka’s social and ethnic groups have a part to play in deciding their own destiny.

17) OfERR believes that the most credible step towards addressing the Tamil community's grievance and aspirations is to offer the Tamil people a durable political solution through the devolution proposals to be tabled shortly by the All Party Representative Committee (APRC) established by the government.

18) A report by the Experts Committee, commonly referred to as the Majority Report, has already provided important policy guidelines to the APRC on issues related to:
• Power sharing and Devolution
• Autonomous Zonal Council and Indian Tamil Cultural Council to meet the aspirations of the Tamils of Indian Origin
• Protection of the people with specific reference to Individual and group rights
• Confidence building measures among all the communities
• Safeguards against secession

We welcome the report for its emphasis on the devolution of power and power-sharing at the centre.

19) We the refugee community in south India believe that the APRC process must be given a chance to provide the basis for a credible political solution to the present conflict. We continue to watch events closely with great hope and expectation. But in doing so, we are aware that reconciliation will not occur in a vacuum.

20) The government must also develop mechanism to consult the local populations, particularly those vulnerable communities affected by the conflict, on the substance of the proposals as well as provide a clear roadmap for implementation of the proposals.

21) In that context, the APRC should take close cognisance of the views of 100,000 refugees living in the camps of India and include our concerns in the report.

22) We believe that it is vital that any final settlement should endorse the geographical and linguistic contiguity of a merged North and East province as a homeland for Tamils This can create the confidence that there can be a reasoned alternative to the violence that has submerged this question for over 30 years.

23) The wide dissemination and discussion of these issues will do much more to win Tamil hearts and minds than a further deadly episode of serial warfare, military occupation and civil repression.

24) It is essential at this critical juncture that the government lead by example. In proposing political solutions to the ethnic question, it must also rise to the challenge of promoting and protecting the human rights of ALL of its citizens.

25) The government must think ahead. How it wins the war is as important as winning itself. The struggle is not only for the soil of a territorial state but for the souls of its inhabitants.