Cablegate: Sri Lanka: Draft Submission for 2002 Annual

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS E F T O SECTION 01 OF 28 COLOMBO 001993

SIPDIS

SENSITIVE

NOFORN

DEPARTMENT FOR SA, SA/INS, DRL/PHD, DRL/CDA FOR ACTION

E.O. 12958: DECL: N/A

TAGS: PHUM ELAB PREL KSEP CE

SUBJECT: Sri Lanka: Draft submission for 2002 Annual

Human Rights Report

REF: STATE 151191

1. (U) THIS MESSAGE IS SENSITIVE BUT UNCLASSIFIED,

PLEASE HANDLE ACCORDINGLY.

2. (SBU/NF) THE DRAFT TEXT FOR THE SRI LANKA ANNUAL

HUMAN RIGHTS REPORT FOR 2002 FOLLOWS:

Begin Text:

Sri Lanka is a democratic republic with an active

multiparty system. Constitutional power is shared between

the popularly elected president and the 225-member

Parliament. Violence, including at least 50 deaths, and

irregularities marred the December 2001 Parliamentary

elections in which the United National Front (UNF), a

coalition of parties led by the United National Party

(UNP), won a majority in Parliament for a 6-year term.

Chandrika Kumaratunga, head of the People's Alliance (PA)

coalition, won reelection in 1999 for a second 5-year

presidential term in a process marked by voting

irregularities and at least six election-related deaths.

The Government generally respects constitutional

provisions for an independent judiciary.

Due to the peace process, Sri Lanka has experienced a

dramatically improved atmosphere in 2002. One of the most

visible signs of the new national climate was the

profound and positive effect the peace process has had on

the human rights situation. Beginning in December 2001,

when the Government and the Liberation Tigers of Tamil

Eelam (LTTE) announced unilateral ceasefires, the peace

process has picked up considerable momentum. Key events

included: in February 2002, the two sides signed a

formal ceasefire accord; in April, a key road connecting

Jaffna with the south was reopened; in September, taking

into account the fast progress of the peace process, the

government legalized the LTTE; and, also in September,

the two sides held their first round of peace talks in

Thailand. Among many other positive human rights-related

developments, the peace process also led to a sharp

reduction in roadblocks and checkpoints around the

country, the return of approximately 150,000 Internally

Displaced Persons (IDPs) to their points of origin in the

north and east, and to the opening of numerous

investigations into questionable actions by security

force personnel.

During 2002, the Government also released over 750 Tamils

held under the Prevention of Terrorism Act (PTA). Several

of those released were part of the first Government-LTTE

prisoner exchange in September. No arrests have been

made under the PTA in 2002. Observers claim that the PTA,

like the Emergency Regulations (ER) repealed in 2001,

permitted arbitrary arrests of Tamils.

The past year was one of transition for the security

forces from an organization actively engaged in an armed

conflict to one taking part in a peace process. Although

some incidents of human rights violations occurred during

the year, the security forces generally respected the

rights of others. Prior to the December 2001 unilateral

ceasefires, the Government had fought the LTTE, a

terrorist organization fighting for a separate ethnic

Tamil state in the north and east of the country, for 18

years. The conflict claimed more than 64,000 lives. Major

milestones in the conflict in the recent past included:

In 2000, the LTTE began a buildup on the Jaffna Peninsula

and captured the important Elephant Pass military base;

in April 2001, government troops launched a major

offensive on the Jaffna Peninsula that resulted in heavy

casualties for its forces; and in July 2001, the LTTE

attacked Colombo's main airbase and international

airport, destroying numerous aircraft and placing

civilians at the airport at serious risk.

The Ministry of Interior controls the 60,000-member

police force, which is responsible for internal security

in most areas of the country, and has been used in

military operations against the LTTE. The Ministry of

Defense controls the 120,000-member Army (which includes

the Army Volunteer Force), the 17,000-member Navy, and

the 18,500 member Air Force. The more than 20,000 member

Home Guards, an armed force drawn from local communities

and responsible to the police, provide security for

Muslim and Sinhalese village communities near LTTE-

controlled areas. During the year, the Government

implemented programs to disarm various anti-LTTE militias

that previously had been linked with the security forces.

Sri Lanka is a low-income country with a market economy

based mainly on the export of textiles, tea, rubber,

coconuts, and gems. It also earns substantial foreign

exchange from the repatriated earnings of citizens

employed abroad, and from tourism. The gross domestic

product (GDP) per capita is approximately $837 (80,350

rupees). The population is approximately 18.5 million.

Real GDP growth was -1.4 percent in 2001. Growth during

the year is forecast at 2-3 percent. The decline in 2001

was attributed mainly to the worldwide economic downturn,

the July LTTE attack on Colombo's international airport,

and prolonged power outages throughout the country. The

economy is expected to recover slowly in 2002, aided by

economic reform and increased donor assistance.

The Government generally respected the human rights of

its citizens in 2002, but there remained problems in some

areas. Unlike previous years, there were no credible

reports of security forces committing extrajudicial

killings. The military and police, however, reportedly

tortured detainees. There was at least one report of a

death in custody and of a separate case of rape of a

woman while she was in custody.

Torture remained a problem and prison conditions remained

poor. There were no reports of arbitrary arrests.

The Government infringed on citizens' privacy rights, but

restrictions on the freedom of the press were eased

somewhat. In 2001, the Government stopped censoring

reporting on military and security operations. In

previous years, the Government had stringent censorship

regulations and on occasion security forces harassed

journalists and shut down newspapers critical of the

government. There were no reports of such harassment

during the year. The LTTE permitted controlled access to

uncleared areas of the country to journalists, in effect

lifting some censorship in the areas it controls. Some

LTTE-imposed restrictions remained on freedom of

movement, such as from Vavuniya to Jaffna.

Violence and discrimination against women, child

prostitution, child labor, and discrimination against

persons with disabilities continued to be problems in Sri

Lanka. Trafficking in women and children for the purpose

of forced labor occurs, and there is some trafficking of

women and children for the commercial sex industry. There

is evidence of a continued though declining international

interest in the country's children for sex trade. There

is some discrimination and occasional violence against

religious minorities, and institutionalized ethnic

discrimination against Tamils remains a problem.

In the past few years, the Government has taken steps to

address human rights concerns. In 2002 the Government

named a new chairman for the National Human Rights

Commission (HRC). In 2000, the Government established an

Interministerial Permanent Standing Committee and an

Interministerial Working Group on Human Rights Issues,

chaired by senior officials, to investigate human rights

abuses. At the same time, the Government established the

Prosecution of Torture Perpetrators Unit, under the

direct supervision of the Attorney General. Former Tamil

terrorist organizations aligned with the former PA

Government, who are suspected to still be armed have, in

a departure from previous years, not been implicated in

cases involving extrajudicial killing, and torture

although incidents of detention, and extortion were still

reported during the year.

The LTTE continued to commit serious human rights abuses

even after entering into a formal ceasefire accord with

the Government. The LTTE reportedly committed several

extrajudicial killings, and was responsible for

disappearances, torture, arbitrary arrest, detentions,

and extortion. Through a campaign of intimidation, the

LTTE continued to undermine the work of elected local

government bodies in Jaffna. On occasion, the LTTE

prevented political and governmental activities from

occurring in the north and east. The LTTE released all of

the military personnel it reportedly had in its custody

during the year. The LTTE continued to control large

sections of the north and east of the country. The LTTE

denied those under its control the right to change their

government, infringed on privacy rights, did not provide

for fair trials, used child soldiers, and discriminated

against ethnic and religious minorities.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person,

Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

Unlike in previous years, there were no credible reports

of security forces committing extrajudicial killings. On

July 19, 2001, government security forces killed two

persons during an opposition party sponsored rally which

the Government claimed was illegal (see Section 2.b.). On

January 28, 2001, naval personnel arrested

Kanapathypillai Udayakumar, a Tamil villager. The

following day his body was returned to his family. The

report on his killing states that he was strangled to

death. The naval personnel accused in connection with his

killing are in custody awaiting trial. On September 20,

2001, Sivagnanam Manohari, a Tamil living near

Batticaloa, apparently was shot and killed by air force

personnel while fishing. Her nephew, who was with her at

the time, was injured seriously. No arrests have been

made to date, but the incident is still under

investigation.

The appearance of impunity remains a problem. Between

April 1995 and December 2001, several hundred persons

were killed extrajudicially by the security forces or

have disappeared after being taken into security force

custody. With the exception of the six security force

personnel convicted in the 1996 killing of Krishanthi

Kumaraswamy (a Tamil university student who was raped and

then killed) there have been no other convictions for

extrajudicial killings. Although there were numerous

cases in which military personnel may have committed

human rights violations for which they have not been

identified, the Government has passed indictments against

security force personnel in a number of high profile

cases; including the Bindunuwewa massacre and the Ranjani

rape and murder case (see below).

In December 2000, nine Tamil civilians were reported

missing in Mirusuvil after being arrested by the army

(SLA). One person escaped, and reported the incident to

police and the local magistrate. The escapee identified

two SLA soldiers as the perpetrators, and the soldiers

admitted to torturing nine civilians and murdering eight

of them. The soldiers identified the place of burial and

the bodies were exhumed. Nine soldiers later were

arrested for the torture and killings. The army commander

administratively punished the soldiers by having their

salaries withheld (see Sections 1.b. and 1.c.). The case

was transferred to the Anuradhapura Magistrate's Court

for adjudication in November 2001. At the end of

September 2002, a trial-at-bar was continuing with

expectations that indictments would be issued prior to

year's end.

In November 2000, four mutilated bodies were found in

Nilaveli. The killings were widely believed to have been

carried out by naval infantry personnel. The following

day Tamil civilians protested against the deaths claiming

that the naval personnel involved attempted to coerce

statements from relatives of the deceased that the dead

were members of the LTTE. Later, the bodies of the two

primary organizers of the demonstration were found. The

military investigated the incident. The commander of the

local navy base and other key military personnel were

transferred in June, but no one has been charged in

connection with the killings. No further action is

anticipated in this case.

In October 2000, while police allegedly looked on, 27

young Tamil males held at the Bindunuwewa rehabilitation

camp for former child soldiers, were killed by local

villagers; 15 others were injured. Police allegedly took

part in the killings and did nothing to prevent the

villagers from entering the detention camp. Violence

after the killings continued for almost one week before

police were able to restore order. The HRC stated that

the police were guilty of "grave dereliction of duty."

Three of the survivors were able to testify at a

Presidential Hearing, which met regularly throughout

2001. Many witnesses at the hearing criticized police

actions at the scene and during the initial

investigations. In 2001, all suspects in the case were

released on bail. At year's end, 10 police officers and

41 villagers were indicted and were standing trial.

In April 2000, gunmen in police uniforms killed the chief

suspect in the 1993 killing of prominent politician

Lalith Athulathmudali. There have been no arrests in

connection with this killing and at year's end none were

expected.

In 2000, the government ordered payment of compensation

to victims of a 1999 air force bombing that killed 22

civilians at Puthukkudiyiruppu.

In the past, some cases of extrajudicial killings were

reprisals against civilians for LTTE attacks in which

members of the security forces or civilians were killed

or injured. In most cases, the security forces claimed

that the victims were members of the LTTE, but human

rights monitors believed otherwise. In Thampalakamam,

near Trincomalee, in February 1998, police and home

guards allegedly killed eight Tamil civilians, possibly

in reprisal for the LTTE bombing of the Temple of the

Tooth a week earlier. The Government arrested police

officers and home guards, charging 4 with murder and 17

with unlawful assembly. At year's end 8 police officers

had been indicted and hearings were ongoing.

Crucial safeguards built into the Emergency Regulations

(ER) and the legislation establishing the HRC often were

ignored in the past by the security forces, especially

those provisions requiring receipts to be issued for

arrests and ordering the security forces to notify the

HRC of any arrest within 48 hours. Although security

force personnel could have been fined or jailed for

failure to comply with the ER, none was known to have

been punished for this while the ER provisions were in

place.

Although the courts in 2000 ordered five soldiers

arrested for the 1999 gang rape and murder of Ida

Carmelita, a young Tamil girl, the case remained pending

at year's end. Various witnesses continued to testify at

hearings held during the year. Court hearings continued

in 2002.

At his sentencing for the 1998 rape and murder of

Krishanthi Kumaraswamy, a Tamil university student,

former Lance Corporal Somaratne Rajapakse claimed

knowledge of mass graves at Chemmani in Jaffna containing

the bodies of up to 400 persons killed by security forces

in 1996. The other five defendants corroborated his claim

of mass graves in the Chemmani area, where they allegedly

had buried between 120 and 140 bodies on the orders of

their superiors. Exhumations in 1999 yielded 15

skeletons. Two of the victims were identified as young

men who had disappeared in 1996. In late 1999, the

Government submitted its forensic report to a magistrate

in Jaffna; the report stated that 10 of the remains

showed signs of physical assault that led to their deaths

and that physical assault leading to death of the others

could not be ruled out. At the end of 2001, 13 of the

bodies had not been identified. Rajapakse and others

named a total of 20 security force personnel, including

former policemen, as responsible for the killings. The

remaining unidentified bodies underwent DNA testing for

identification purposes. The Attorney General's office

has indicated that it was not satisfied with the

inconclusive initial results and is currently searching

for funds to provide for a more detailed test. At year's

end, the case was still pending. All suspects in the case

have been released on bail.

The case against eight soldiers and one reserve police

constable arrested in February 1996 in the massacre of 24

Tamil villagers in Kumarapuram came to trial in September

1997. In November 1998, six of the soldiers were charged

with murder. The case continued throughout the year with

the next court hearing scheduled for February 18, 2003.

The case of 22 STF members arrested on suspicion of

killing 23 Tamil youths at Bolgoda Lake in 1995 went to

trial in June 2000. Three police officers have been

indicted in connection with the murders, one of whom has

fled. As of September 30, 2002, the main witness in the

case was residing outside of Sri Lanka. The hearing

continued at year's end.

The PA Government came to power in 1994 and promised to

bring to justice the perpetrators of extrajudicial

killings from previous years. In 1994, it began

prosecutions in several extrajudicial killings allegedly

committed by members of the security forces. The trial of

21 soldiers accused of massacring 35 Tamil civilians in

1992 in the village of Mailanthani in Batticaloa district

was transferred to the Colombo High Court in 1996. A jury

trial began in January 2002, and was still hearing

testimony as of September 30, 2002. Many witnesses for

the case live in displaced persons camps, and they could

not come to court to give evidence.

In January 2000, assailants shot and killed Tamil

politician Kumar Ponnambalam. Police detained four

persons, two of whom alleged that a local businessman had

hired them to commit the murder. The investigation into

the murder has been completed and the information has

been passed to the Attorney General. At the end of

September, a court date was being considered for the

case.

Although former terrorist Tamil militant groups armed by

and aligned with the former PA Government committed

extrajudicial killings in the past, there were no

credible reports of such killings in 2002.

In the past, the military wing of the People's Liberation

Organization of Tamil Eelam (PLOTE) and the Razeek group

were responsible for killing a number of persons. The

security forces had armed and used these militias and a

number of other Tamil militant organizations to provide

information, to help identify LTTE terrorists, and, in

some cases, to fight in military operations against the

terrorists. The exact size of these militias is

impossible to ascertain, but they probably total fewer

than 2,000 persons. These groups were asked to disarm

following the formal February ceasefire agreement between

the Government and LTTE. The militia did hand over some

weapons to the Government. Most observers, however,

believe that the groups kept some arms. Persons killed by

these militants in the past probably included LTTE

operatives and civilians who failed to comply with

extortion demands. Unknown assailants killed Jaffna media

correspondent Mayilvaganam Nimalarajan in October 2000.

Nimalarajan's outspoken criticism of paramilitary groups

in Jaffna led many to believe that one of these groups

killed him. No one has been prosecuted for his death.

There have been unconfirmed reports that the LTTE

continued to commit extrajudicial killings. Due to the

inaccessibility of LTTE-controlled areas and the LTTE's

prevention of investigations by outside agencies, the

exact number and type of killings in LTTE-controlled

areas is unknown. Observers believe that the amount of

killings was drastically reduced last year. Attacks by

the LTTE killed civilians outside of LTTE-controlled

areas in the past. A civilian bus on the way to

Trincomalee was bombed by the LTTE in August 2001, for

example, and a trishaw was bombed outside of Jaffna in

September 2001 (see Section 1.g.).

In 2001, attacks and counter-attacks between Government

forces and the LTTE occurred almost daily. There were two

suicide bombing attacks attributed to the LTTE during

2001, on September 15 and October 29, in addition to the

July attack on the airport north of Colombo (see Section

1.g.). There were no reports of suicide bombings in 2002.

There were reports that the LTTE committed extrajudicial

killings, including lamppost killings in 2001. At least

14 persons found guilty of offenses by the LTTE's self-

described courts were killed in 1999 by the LTTE in

public executions; their bodies were tied to lampposts or

otherwise left for public display. The LTTE has bombed

civilian targets, killing and injuring civilians, and

engaged in hostage taking and hijackings. (see Section

1.g.)

In March 1999, municipal workers uncovered a pit in

Jaffna town that contained the skeletal remains of

several persons. Forensic evidence suggested that these

remains were approximately 10 years old. This discovery

potentially implicated the Indian Peacekeeping Force

(IPKF), which occupied Jaffna at the time. b.

Disappearance

Unlike previous years, there were no credible reports of

disappearances at the hands of the security forces in Sri

Lanka during 2002.

In 2001, the army, navy, police, and paramilitary groups

were involved in as many as 10 disappearances, primarily

in Vavuniya. Between January and September 2001, the

Human Rights Commission received 44 reports of

disappearances in Vavuniya alone. These cases were not

confirmed. In December 2000, eight Tamil civilians were

reported missing in Mirusuvil. Two SLA soldiers were

identified as perpetrators and admitted to killing eight

of the civilians. The soldiers were administratively

punished by the army (see Sections 1.a. and 1.c.). In

November 2001, the case was transferred to the

Anuradhapura Magistrate's Court for adjudication. The

soldiers have been indicted and a trial-at-bar was

scheduled to begin by early 2003.

In February 2000, a fisherman seen arrested by naval

personnel near Trincomalee disappeared. In 2002, the

Trincomalee High Court ordered police line up, but the

witness did not identify any of the suspects. At year's

end, the High Court was conducting a habeas corpus

hearing in conjunction with the case. Those who

disappeared in 2001 and previous years are usually

presumed dead. The 2000 U.N. Working Group on Enforced or

Involuntary Disappearances lists the country as having an

extremely large number of "nonclarified" disappearances.

The Commander of the Army and the Inspector General of

Police both have criticized the disappearances and stated

that the perpetrators would be called to account.

Although there have been few prosecutions of security

force personnel to date, 2002 saw numerous indictments

and investigations opened into cases which had previously

been ignored.

Three regional commissions were set up in November 1994

to inquire into disappearances that occurred from 1988 to

1994. The commissions found that 16,742 persons

disappeared after having been removed involuntarily from

their homes in most cases by security forces. Based on

the reports, police created a Disappearances

Investigations Unit (DIU) in 1998 to examine 1,681 cases

in which the commissions had evidence against specific

individuals.

In 1999, the Attorney General created a Missing Persons

Commissions Unit to consider institution of criminal

proceedings based on results of DIU investigations. In

2000, the Attorney General's office opened over 1,175

files and referred 262 indictments to the high courts and

86 complaints to magistrates involving 583 members of the

security forces on abduction and murder charges. Hearings

and trials in at least 250 of these cases had begun by

late 2000. Of these, the Attorney General's office

successfully prosecuted 4 cases by year's end. The

Attorney General's office continued to prosecute these

cases.

In 1998, a fourth commission was established to look into

approximately 10,000 cases of disappearance that the

initial three commissions had been unable to investigate.

Human rights observers have criticized the Government for

not extending the mandate of this commission to include

cases of disappearance that occurred since the

Kumaratunga Government took office in 1994. The

commission submitted an interim report to President

Kumaratunga in December 1999 and a final report in August

2000. The report has not been made public.

In 1999, the U.N. Working Group on Enforced or

Involuntary Disappearances made its third visit to the

country. Its report, released in December 1999 cited the

Prevention of Terrorism Act (PTA) and ER as important

factors contributing to disappearances and recommended

the abolition or modification of these laws to bring them

into conformity with internationally accepted human

rights standards. The ER was repealed in 2001 and there

were no arrests under the PTA last year. Criminal

arrests were still being made without proper procedures,

however.

In past years, Tamil militias aligned with the former PA

government were responsible for disappearances in past

years, although there were no reports during the last 2

years. These militias detained persons at various

locations that served, in effect, as undeclared detention

centers. The HRC had no mandate or authority to enforce

respect for human rights among these militia groups. It

was impossible to determine the exact number of victims

because of the secrecy with which these groups operated.

In early 2002, the Government took steps to disarm these

militias while guaranteeing their safety as part of the

peace process.

The LTTE was responsible for an undetermined number of

civilian disappearances in the north and east during the

year. Although the LTTE has previously denied taking any

prisoners from its battles in January they released 10

Sri Lankans, including some soldiers, to the ICRC. On

September 28 they exchanged a further 7 Sri Lankan

soldiers for 13 of their cadre. At year's end, the LTTE

was not known to be holding any prisoners. (See section

1.g.)

c. Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment

Despite legal prohibitions, the security forces and

police continue to torture and mistreat persons in police

custody and prisons.The Convention Against Torture Act

(CATA) made torture a punishable offense. Under the CATA,

torture is defined as a specific crime, the High Court

has jurisdiction over violations, and criminal conviction

carries a 7-year minimum sentence. According to a 1999

Amnesty International (AI) report, however, the CATA does

not implement several provisions of the U.N. Convention;

this results in torture being prohibited under specific

circumstances but allowed under others. Consequently,

torture continues. In addition, the PTA makes confessions

obtained under any circumstance, including by torture,

sufficient to hold a person until they are brought to

court. In some cases, the detention can extend for

years.

Since 2000, the Government has been working on developing

regulations to prosecute and punish military and police

personnel responsible for torture. The Attorney General's

Office and the Criminal Investigation Unit have

established units to focus on torture complaints; the

units have forwarded 14 cases for indictments during the

year. The Interparliamentary Permanent Standing Committee

and its Interministerial Working Group on Human Rights

Issues have begun tracking criminal investigations of

torture. In addition, the Government also ceased paying

fines incurred by security force personnel found guilty

of torture. Security force personnel have been fined

under civil statutes for engaging in torture. According

to the Attorney General's Office, members of the security

forces and police have been prosecuted under criminal

statutes, but none of the cases had come to conclusion.

The appearance of impunity remains a problem. In the

majority of cases in which military personnel may have

committed human rights abuses, the Government has not

identified those responsible and brought them to justice.

Members of the security forces continued to torture and

mistreat detainees and other prisoners, particularly

during interrogation. Detainees have reported broken

bones and other serious injuries as a result of their

mistreatment. There was a report of rape in detention

during the year. Medical examination of persons arrested

from 2000 to this year continued to reveal multiple cases

of torture. In December 2000, the bodies of eight Tamils

tortured and killed by the army in Mirusuvil were exhumed

after one person escaped and notified authorities. Nine

soldiers were arrested, and by year's end, a trial-at-bar

had begun (see Sections 1.a. and 1.b.). The military also

conducted its own inquiry; the personnel involved have

been discharged.

Thivyan Krishnasamy, a student leader and an outspoken

critic of the actions of security forces in Jaffna, was

released from custody on March 15. He claimed that he

was tortured while in custody. Human rights observers

claim that he was arrested because of his political

activism, but the police stated that he was connected to

the LTTE. He was arrested on July 2 and when he was

brought before a court in August he complained of being

tortured. In response to his allegations of torture, the

Jaffna Student Union held protests during the fall of

2001. In response, university administrators temporarily

closed the university to avoid violence.

During 2001, there were a number of reports of women

being raped by security forces while in detention. One

such case involved two women arrested on March 19 in

Mannar. The women claim that they were tortured and

repeatedly raped by naval and police personnel. The women

were released on bail in April 2001 and have filed

charges against their assailants. At year's end, the 14

accused were standing trial for rape, torture or both. A

fundamental rights case was also opened against the

accused. Four other cases in which the security forces

are accused of raping women in detention were still

pending at year's end.

Under fundamental rights provisions in the Constitution,

torture victims may file civil suit for compensation in

the high courts or Supreme Court. Courts have granted

awards ranging from approximately $175 (14,200 rupees) to

$2,280 (182,500 rupees). In February 2001, the Colombo

high court ordered compensation of $625 (50,000 rupees)

to a young man beaten in police custody in Vavuniya and

Colombo in 1999. In August 2001, the Supreme Court

ordered $1,250 (100,000 rupees) in compensation for a

Tamil man tortured in December 1999 at an army camp near

Batticaloa. Most cases take 2 years or more to move

through the courts, however.

The appearance of impunity remains a problem. In the

majority of cases in which military personnel may have

committed human rights abuses, the Government has not

identified those responsible and brought them to justice.

At the invitation of the Government, the United Nations

Committee on Torture sent a five-person mission to

Colombo in August 2000 to determine whether a systematic

pattern of torture exists in the country and, if so, to

make recommendations for eliminating the practice. By the

end of 2001, the mission had submitted its confidential

report to President Kumaratunga. The report has not been

released to the public.

In the past, Tamil militants aligned with the former PA

government engaged in torture. With the apparent

knowledge of the security forces, the PLOTE in Vavuniya

and the EPDP in Jaffna, were criticized for torturing

their opponents.

The LTTE reportedly used torture on a routine basis.

Prison conditions generally are poor and do not meet

international standards because of overcrowding and lack

of sanitary facilities. The Government permitted

representatives from the International Committee of the

Red Cross (ICRC) to visit approximately 160 places of

detention. The HRC also visited over 2,000 police

stations and over 500 detention facilities by year's end

(see Section 1.d.).

Conditions also are reportedly poor in LTTE-run detention

facilities.

The LTTE permitted the ICRC to visit Sri Lankan soldiers

detained in the Vavuniya region approximately once every

6 weeks until their release (see Section 1.g.). Due to

the release of detainees in 2000 and the apparent release

of the remaining Sri Lankan soldiers held by the LTTE,

ICRC visited fewer LTTE detention centers than in

previous years (see Section 1.d.). d. Arbitrary Arrest,

Detention, or Exile

Arbitrary arrest and detention are problems. Under the

law, authorities must inform an arrested person of the

reason for arrest and bring that person before a

magistrate within 24 hours. In practice, persons detained

generally appear before a magistrate within a few days of

arrest. The magistrate may authorize bail or order

continued pretrial detention for up to three months or

longer. Security forces must issue an arrest receipt at

the time of arrest, despite some efforts by the

Government to enforce this standard, arrest receipts are

rarely issued. The lack of providing arrest receipts,

observers believe, prevents adequate tracking of cases.

The lack of tracking also permits extended detentions and

torture without making anyone directly responsible for

those being held.

Under the ER (which lapsed in July 2001) and the PTA

(under which there were no arrests in 2002), security

forces could detain suspects for extended periods of time

without court approval. The ER, in force periodically

since 1979 and in force island-wide from August 1998

until July 2001, gave security forces broad powers to

arrest and detain without charge or the right to judicial

review. ER provisions permitted police to hold

individuals for up to 90 days to investigate suspected

offenses, although the police had to present detainees to

a court within 30 days to record the detention. The court

was able to order a further 6 months' detention.

In past years, the army generally turned over those that

it arrested under the ER to the police within 24 hours,

although the police and the army did not always issue

arrest receipts or notify the HRC within 48 hours. The

HRC has a legal mandate to visit those arrested, and

police generally respected this. Due to censorship and

infrequent access, observers could not determine the

state of affairs in LTTE-controlled areas.

In the past, there were credible reports that the

military held persons for short amounts of time in

smaller camps for interrogation before transferring them

to declared places of detention. This procedure, which

allegedly occurred on the Jaffna peninsula, in Vavuniya,

and in the east (see Section 1.c.), did not comply with

requirements to notify the HRC of arrests and to issue

arrest receipts. The military maintained the detainees

were "in transit," and claimed they did not violate the

detainees' rights.

Unlike previous years, there were no large-scale arrests

of Tamils during the year. In the past, many detentions

occurred during operations against the LTTE. Most

detentions lasted a maximum of several days although some

extended to several months. The number of prisoners held

at any given moment under the ER and the PTA fluctuated

between 1,500 and 2,000. As of September 1, 222 Tamils

charged under the PTA remained in detention without bail

awaiting trial. As part of the peace process' confidence

building measures, the Government released over 750

Tamils arrested under the PTA during the first 8 months

of 2002.

Unlike previous years, there were no cordon and search

operations during 2002. In previous years, Tamils

complained that they were abused verbally and held for

extended periods at security checkpoints throughout

Colombo. During the week following the July 24, 2001,

attack on Colombo's main airbase and international

airport, security forces detained hundreds of Tamils in

the Colombo region for questioning. In addition, those

arrested sometimes were held in prisons with convicted

criminals. The vast majority of checkpoints were removed

in January and the reports largely ceased (see Section

1.d.).

In July 1998, the President established the Committee to

Inquire into Undue Arrest and Harassment (CIUAH). The

committee, which includes senior opposition party and

Tamil representatives, examines complaints of arrest and

harassment by security forces and takes remedial action

as needed. The Committee received more than 1,200

complaints in 2001. Opinions on the effectiveness of the

CIUAH were mixed. Some human rights observers believed

that the work of the committee deterred random arrests

and alleviated problems encountered by detainees and

their families. The role of the CIUAH diminished

drastically during the past year due to peace-process

related improvements (i.e. removing checkpoints, stopping

arrests under the PTA, and no cordon and search

operations).

The HRC investigated the legality of detention in cases

referred to it by the Supreme Court and private citizens.

Although the HRC is legally mandated to exercise

oversight over arrests and detentions by the security

forces and to undertake visits to prisons, Members of the

security forces sometimes violated the regulations and

failed to cooperate with the HRC in the past.

The Government continued to give the ICRC unhindered

access to approximately 160 detention centers, police

stations, and army camps recognized officially as places

of detention. Due to the lapsing of the ER in July 2001,

the total number of persons detained in military bases at

any one time has been dramatically reduced, with the

military making fewer arrests and transferring detainees

to police facilities more quickly than in previous years.

With the ceasefire agreement, the number of arrests by

the military has declined to near zero.

The EPDP reportedly detained its own members for short

periods in Jaffna as punishment for breaking party

discipline.

The LTTE has in the past detained civilians, often

holding them for ransom. There have been reports of this

practice during the year, such as the multiple reports of

kidnapping of Muslim businessmen in Batticaloa area,

particularly during the first four months of the year.

Reports indicate that the LTTE demand anywhere from a few

hundred dollars to upwards of $10,415 (1,000,000 Rupees)

for their release. In September 1999, the LTTE held three

businessmen for a ransom of $550,000 (40 million Rupees).

The businessmen were freed after making partial payment

and promising to pay the balance. (See Section 1.g.

regarding prisoner release.)

The Government does not practice forced exile and there

are no legal provisions allowing its use.

e. Denial of Fair Public Trial

The Constitution provides for an independent judiciary

and the Government generally respects these provisions in

practice.

The President appoints judges to the Supreme Court, the

courts of appeal, and the high courts. A judicial service

commission, composed of the Chief Justice and two Supreme

Court judges, appoints, transfers, and dismisses lower

court judges. Judges serve until the mandatory retirement

age of 65 for the Supreme Court and 62 for other courts.

Judges can be removed for reasons of misbehavior or

physical or mental incapacity, but only after a legal

investigation followed by joint action of the President

and the Parliament.

In criminal cases, juries try defendants in public.

Defendants are informed of the charges and evidence

against them, and may be represented by the counsel of

their choice, and have the right to appeal. The

Government provides counsel for indigent persons tried on

criminal charges in the high courts and the courts of

appeal, but it does not provide counsel in other cases.

Private legal aid organizations assist some defendants.

In addition, the Ministry of Justice operates 11

community legal aid centers to assist those who cannot

afford representation and to serve as educational

resources for local communities. These legal aid centers

had tried no cases by the end of September, however.

There are no jury trials in cases brought under the PTA.

Confessions, obtained by various coercive means,

including torture, are inadmissible in criminal

proceedings, but are allowed in PTA cases; most

convictions under the PTA rely heavily on them.

Defendants bear the burden of proof to show that their

confessions were obtained by coercion. Defendants in PTA

cases have the right to appeal. Subject to judicial

review in certain cases, defendants can spend up to 18

months in prison on administrative order waiting for

their cases to be heard. Once their cases come to trial,

decisions are made relatively quickly. Over 750 PTA cases

were dropped by September 1 and the prisoners released.

Most court proceedings in Colombo and the south are

conducted in English or Sinhala, which due to a shortage

of court-appointed interpreters has restricted the

ability of Tamil-speaking defendants to get a fair

hearing. Trials and hearings in the north and east are in

Tamil and English, but many serious cases, including

those having to do with terrorism, are tried in Colombo.

While Tamil-speaking judges exist at the magistrate

level, only four high court judges, an appeals court

judge, and a Supreme Court justice speak fluent Tamil.

Few legal textbooks and only one law report exist in

Tamil, and the Government has complied only slowly with

legislation requiring publishing all laws in English,

Sinhala, and Tamil.

In Jaffna, LTTE threats against court officials sometimes

disrupted normal court operations in the past. Although

the Jaffna high court suspended activities due to

security concerns in 2000, it reopened in 2001 and was

still functioning at year's end.

The LTTE has its own self-described court system,

composed of judges with little or no legal training. The

courts operate without codified or defined legal

authority and essentially operate as agents of the LTTE

rather than as an independent judiciary. The courts

reportedly impose severe punishments, including

execution.

The Government claims that all persons held under the PTA

are suspected members of the LTTE and are, therefore,

legitimate security threats. Insufficient information

exists to verify this claim and to determine whether

these detainees are political prisoners. More than 750

PTA cases were dismissed by the Attorney General by

September 1. The Attorney General's office expected a

few more of the 222 remaining cases to be dismissed by

the end of the year. The Government claims that the

cases that remain at that point will only be of those

individuals directly linked to suicide bombings or other

terrorist and criminal acts. In many cases, human rights

monitors question the legitimacy of the criminal charges

brought against these persons.

The LTTE also reportedly holds a number of political

prisoners. The number is impossible to determine because

of the secretive nature of the organization. The LTTE

refuses to allow the ICRC access to these prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or

Correspondence

The Constitution provides for the right to privacy, and

the Government generally respects this provision in

practice; however, it infringes on citizen's privacy

rights in some areas. The police obtain proper warrants

for arrests and searches conducted under ordinary law;

the security forces are not required to obtain warrants

for searches conducted either under the now lapsed ER or

the PTA, however. The Secretary of the Ministry of

Defense is responsible for providing oversight for such

searches. No judicial review or other means of redress

existed for alleged illegal searches under the ER. Some

Tamils complained that their homes were searched as a

means of general harassment by the security forces (see

Section 1.d.). The Government is believed to monitor

telephone conversations and correspondence on a selective

basis.

On September 4, taking into account the fast progress of

the peace process, the Government legalized the LTTE.

The LTTE was first proscribed in 1998 following the

suicide bombing of the Temple of the Tooth in Kandy, one

of Sri Lanka's holiest sites.

The LTTE routinely invades the privacy of citizens,

maintaining an effective network of informants. The LTTE

also forcibly recruited children during the year (see

Section 6.d.). During August and September, the LTTE

handed over 85 children to UNICEF, stating that the

children had volunteered to serve, but that the LTTE does

not accept children (see Section 6.d.).

g. Use of Excessive Force and Violations of Humanitarian

Law in Internal Conflicts

Hostilities between the Government and the LTTE abated

with the announcement of unilateral ceasefires in

December 2001, followed by a formal ceasefire accord

being agreed to in February 2002. On October 10, seven

civilians were killed when security force personnel fired

into a crowd storming their compound in the east. Some

observers claim the security forces used excessive force

in repelling a peaceful crowd that was demonstrating

against the alleged harassment of LTTE cadre earlier in

the day. Others claim the security forces were justified

in repelling what appeared to be a LTTE-instigated

attack. On April 29, in Nilaveli, on the east coast, two

Tamil women were injured when Sri Lankan Naval personnel

opened fire. The circumstances surrounding the incident

remained unclear at year's end. The investigation into

the incident remains open.

In 2001, an estimated 2000 combatants and 100 civilians

were killed in conflict-related incidents. In May 2001,

a 10-year-old child and the mother were injured near

Karawetti when the LTTE and SLA exchanged fire; in June,

two civilians were killed and 16 others were injured

during a 2-hour confrontation between the LTTE and the

SLA at Kawatamunai. The Sri Lankan air force carried out

a bombing campaign in the north and east during the year,

with particular intensity from June through August. The

Tamil press regularly reported the death of civilians due

to air force bombing, but there has been no confirmation

of these reports.

In the past, the Government often publicized aspects of

its planned operations to allow civilians time to vacate

the probable areas to be affected. In 2001, the armed

forces did not give public warnings before the

commencement of operations. During 2002, there were no

military actions. In May 2000, 23 persons were killed and

dozens were injured when a bomb exploded at a Buddhist

temple in Batticaloa in the east, where crowds had

gathered to celebrate the Buddhist festival of Vesak. The

Government blamed the LTTE for this bombing, but no one

claimed responsibility. Investigations into the incident

concluded in 2001. After the bomb exploded, security

forces reportedly opened fire, killing four children and

injuring eight more. The Government maintains that the

evidence and interviews of witnesses do not support those

claims. In September 1999, the air force dropped bombs on

a village near Puthukudiyiruppu in the Vanni, killing 22

persons (see Section 1.a.). Human rights observers

alleged that those killed were civilians. Government

officials acknowledged that the persons were killed by

air force bombs; they alleged, however, that the air

force targeted an LTTE training camp, and at first they

did not admit the possibility that civilians were killed

in error. The Government later acknowledged quietly that

the attack was an accident. During 2001, the Government

held an investigation and authorized compensation for the

victims' families, admitting that the site had been

bombed "in error." The Government did not admit formally

to having killed civilians, however.

On November 16, 2001, the Sri Lankan Army created the

Directorate of Human Rights and Humanitarian Law in the

Sri Lankan Army. The directorate is charged with

coordinating all human rights activities for the army

from ICRC training classes (see Section 4) to overseeing

the Human Rights Cells that are assigned throughout the

military. The SLA also states that all of its personnel

have completed the appropriate training and pledged to

adhere to the "rules of international Humanitarian Law."

Early in 2002, the air force and navy instituted similar

programs. The armed forces operate under written rules

of engagement that severely restrict the shelling,

bombardment, or other use of firepower against civilian-

occupied areas.

At the end of 2001, the UNHCR reported a minimum of

800,000 IDP's in Sri Lanka due to the conflict, while the

Commissioner General for Essential Services states that

it provides services for over 700,000 persons. Due to an

ongoing ceasefire, more than 150,000 IDPs returned to

their points of origin last year. The Government did not

have the resources to support adequately the returnees.

In addition, many returned to areas suspected of being

mined.

The Government continued to provide food relief, through

the Commissioner General for Essential Services (CGES)

and the Multi-Purpose Cooperative Societies (MCPS), to

displaced and other needy citizens, including those in

areas controlled by the LTTE. Food rations were delivered

by the Government to the Vanni area through a checkpoint

that is controlled on one side by the security forces and

on the other by the LTTE. The border into the territory

controlled by the LTTE was not closed during the year.

Prior to 2002, the Government maintained a long list of

prohibited "war-related" medical items, such as sutures,

plaster of Paris, intravenous liquid supplies, bandages,

and some drugs. At the end of the year, however, only

certain military-related items were prohibited from being

transported to LTTE controlled areas. In the past, NGO's

and other groups that sought to take controlled items to

LTTE-controlled areas in the Vanni region needed

permission from local officials as well as from the

Ministry of Defense. Delays were common and approval

sometimes was denied. As a result, many medical items in

the Vanni region and Jaffna were in short supply. This

shortfall contributed to a deterioration in the quality

and quantity of medical care furnished to the civilian

population. Previous restrictions on the transport of

items such as cement, batteries, and currency into the

LTTE-controlled areas also had a negative impact on the

relief work of NGO's in those areas.

The Ministry of Defense reported capturing several LTTE

operatives in Government-controlled areas with weapons in

direct contradiction of the terms of the ceasefire

agreement. The Government reportedly returned most LTTE

personnel thus apprehended directly to the closest LTTE

checkpoint, but some were detained for longer periods.

Previously the military sent the cadre they captured or

who surrendered to rehabilitation centers. The ICRC

continued to visit former LTTE members in government

rehabilitation camps, although the October 2000 massacre

of more than 20 such detainees at a government-run

detention facility at Bindunuwewa, near Bandarawella, led

observers to question the continued security of residents

of these facilities (see Section 1.a. and 1.g.).

In view of the scale of hostilities in previous years and

the large number of LTTE casualties, some observers have

found the number of prisoners taken under battlefield

conditions to be low and have concluded that many LTTE

fighters apparently were killed rather than taken

prisoner. Some observers believed that, on the government

side, an unwritten "take-no-prisoners" policy had been in

effect. The military denied this claim, stating that

other factors limited the number of prisoners taken, such

as the LTTE's efforts to remove injured fighters from the

battlefield, the proclivity of its fighters to choose

suicide over capture, and the LTTE's occasional practice

of killing its own badly injured fighters (see Section

1.a.). There were no reports of security forces personnel

executing LTTE cadres during the year.

In previous years, the Government refused to permit

relief organizations to provide medical attention to

injured LTTE fighters, although it has offered to treat

any LTTE injured entrusted to government care. According

to credible reports, injured LTTE cadres surrendering to

the Government received appropriate medical care.

The LTTE admitted that in the past it killed security

forces personnel rather than take them prisoner. Past

eyewitness accounts confirm that the LTTE has executed

injured soldiers on the battlefield. At year's end, the

LTTE had reportedly released all security force personnel

they were holding. The LTTE is believed to have killed

most of the police officers and security force personnel

captured in the past few years. The LTTE in 1999

transferred 11 captured SLA members to the ICRC. In

February 2000, the LTTE released four servicemen and in

June 2000 released one civilian. In January, the LTTE

unilaterally released 10 Sri Lankans, including some

soldiers. On September 28, the LTTE release 7 prisoners

in exchange for the release of 13 of their cadre.

The LTTE used excessive force in the war. During the

year, the LTTE has engaged in hostage taking, hijackings,

and forcible recruitment.

In July 2001, the LTTE attacked Colombo's main airbase

and international airport. During the attack, the LTTE

destroyed six military and four civilian aircraft. The

LTTE also damaged the civilian airport.

In the past, the LTTE was regularly accused of killing

civilians. For example, the LTTE was accused of killing

four Sinhalese villagers at Wahalkada village in March

2001, and killing a Tamil civilian and injuring 15 others

in Trincomalee in June of the same year (see Section

1.a.).

The LTTE uses child soldiers. In October, four children

ranging in age from 15to 17 years surrendered to a local

church near Trincomalee after escaping from the LTTE.

Credible sources reported increased LTTE recruitment,

including recruitment of children during the year.

The LTTE expropriates food, fuel, and other items meant

for IDP's, thus exacerbating the plight of such persons

in LTTE-controlled areas. Malnutrition remained a problem

in LTTE-controlled areas as well as in other parts of the

Vanni region, with nutrition levels falling below the

national average. Experts have reported a high rate of

anemia and a low birth rate, both of which indicate lower

levels of nutrition. Confirmed cases of malnutrition

included hundreds of children. A survey completed by

Medecins Sans Frontieres in 1999 found malnutrition

levels in the war-affected areas at about the same level

as in the war-free south of the country, however.

Landmines were a problem in Jaffna and the Vanni and to

some extent in the east. Landmines, booby traps, and

unexploded ordnance pose a problem to resettlement of

displaced persons and rebuilding. A U.N. landmine team

tasked with locating and mapping LTTE and army mines in

the Jaffna peninsula suspended its mission in April 2000

stating that it was impossible to continue as long as

hostilities continued. At year's end, a UN team was

again in Jaffna coordinating the process of mapping the

mined areas and establishing oversite for a mine removal

program. The Sri Lankan Military and the LTTE are

removing mines in areas they control. The government was

reporting in excess of four mine-related casualties among

civilians per month for 2002. In August 2001, a civilian

bus travelling to Trincomalee hit a land mine injuring 30

of its passengers. In September 2001, a vehicle carrying

a family hit a mine approximately 5 kilometers north of

Jaffna, killing all six passengers and the driver.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for freedom of speech and

expression. In the past, the Government restricted these

rights in practice, often using national security grounds

permitted by law. The Government reissued censorship

orders, on all ongoing and future military operations, in

November 1999 after the military suffered setbacks in the

field. The Government officially lifted the censorship on

war reporting in June 2001. However, even when no

specific government censorship is exercised, private

television stations impose their own, informal censorship

on international television news rebroadcast in the

country.

During 2002, criminal defamation laws, which were often

used by the Government to intimidate independent media

outlets, were eliminated and all pending cases dropped.

The cases for which a decision had already been made

still stand.

The Government controls the country's largest newspaper

chain, two major television stations, and the Sri Lanka

Broadcasting Corporation (SLBC, a radio station). There

are a variety of independent, privately owned newspapers,

journals and radio and television stations, most of which

freely criticize the Government and its policies. The

Government imposes no political restrictions on the

establishment of new media enterprises.

The president officially eased censorship restrictions on

foreign journalists in a circular published in June 2000;

material for publication or broadcast within the country,

regardless of author, remained subject to government

approval until the repeal of censorship laws in June

2001, however. Claims of harassment and intimidation of

private media by the government continue.

Human rights observers commented that in the past Tamils

from the north or east who criticized the Sri Lankan

military and Government were often harassed and sometimes

arrested. They cite the case of Thiviyan Krishnasamy, a

student leader in Jaffna and critic of the military in

the Jaffna area. He was arrested in July 2001 and

released in March 2002 (see Section 1.c).

In September 2000, police arrested a young man for

criticizing the president on a radio call-in show. Police

traced the call to discover the caller's address. The

young man's parents alleged that he had a mental illness

and could not be held responsible for his comments. The

young man remained in prison at year's end.

In 2000, police detained two persons for questioning in

connection with the 1999 murder of Rohana Kumara, editor

of a Sinhala-language newspaper which had been critical

of leading figures in the ruling coalition. The case

remained open at year's end.

In February 1998, armed men attacked a journalist who

regularly reported on defense matters, including

corruption in military procurements. The Government

criticized the attack; it subsequently arrested and

indicted two air force personnel in the case, including

the bodyguard of a former Commander of the Air Force. A

formal indictment was handed down in 1999. Courts

postponed the hearings several times during the past two

years. On February 9, the assailants were given lengthy

jail sentences.

The Supreme Court appeal of the editor of a leading

national newspaper who was convicted of defaming the

president in 1997 was pending at the end of 2001. Other

defamation cases filed by the President against editors

of major newspapers who either had criticized the

Government or supported the opposition remained pending.

Threats of further complaints to be filed by the

Government or president continued through 2001.

Journalists viewed these cases as frivolous and intended

only to intimidate and harass the media. In 2002, the

defamation laws permitting these cases was repealed and

the cases dropped.

The Sri Lanka Tamil Media Alliance (SLTMA) was formed in

1999 to protect the interests of Tamil journalists, who

allege that they are subject to harassment and

intimidation by Tamil paramilitary groups and Sri Lankan

security forces. Regional Tamil correspondents working in

the war zones have complained of arbitrary arrest and

detention in the past and difficulty in obtaining press

accreditation. The SLTMA has filed cases on behalf of

Tamil journalists, but its cases have not yet succeeded

in the courts.

Prior to 2002, travel by local and foreign journalists to

conflict areas was restricted, as they were required to

obtain advance permission from the Ministry of Defense to

visit such areas. The Foreign Ministry also must approve

visits to conflict areas by foreign journalists. The LTTE

does not tolerate freedom of expression. It tightly

restricts the print and broadcast media in areas under

its control. The LTTE has killed those reporting and

publishing on human rights.

The Government does not restrict access to the Internet.

The Government generally respects academic freedom.

The LTTE does not respect academic freedom, and it has

repressed and killed intellectuals who criticize it, most

notably the moderate and widely respected Tamil

politician and academic, Dr. Neelan Tiruchelvam, who was

killed by a suicide bomber in July 1999. The LTTE also

has severely repressed members of human rights

organizations, such as the University Teachers for Human

Rights (UTHR), and other groups. Many former members of

the UTHR have been killed.

b. Freedom of Peaceful Assembly and Association

The law provides for freedom of assembly and the

Government generally respects this right in practice.

Although the PTA may be used to restrict this freedom,

the Government did not use the act for that purpose

during the last two years. The ER, which lapsed in July

2001, also restricted the right of assembly. Numerous

peaceful political and nonpolitical rallies were held

throughout Sri Lanka during the year.

On July 19, 2001, the opposition held a rally that the

Government claimed was illegal under the 1981 Referendum

Act, which essentially states that rallies and

demonstrations of a political nature cannot be held when

a referendum is scheduled. Security forces killed two

persons when the government confronted the rally with

force, prompting further demonstrations. The Government

generally grants permits for demonstrations, however,

including those by opposition parties and minority

groups.

On April 30, 2001, a violent clash between the Sinhalese

and Muslim communities occurred in Mawanella. The Muslim

community protested alleged police inaction concerning

the assault on a Muslim store clerk. In response, a group

of Sinhalese attacked the Muslim protesters. As the

conflict escalated, two Muslims were killed and scores of

buildings and a few vehicles were destroyed. Police

reportedly did nothing to stop the destruction of Muslim

property. The investigation into the Mawanella incident

remained open at year's end.

The law provides for freedom of association and the

Government respects this right in practice. Although the

PTA may restrict this right, the Government did not use

the act for that purpose during the previous two years.

The LTTE does not allow freedom of association in the

areas that it controls. The LTTE has reportedly used

coercion to make people attend rallies it sponsors. On

the Jaffna Peninsula, the LTTE occasionally has posted in

public places the names of Tamil civilians accused of

associating with security forces and other Government

entities. The LTTE has killed Tamil civilians who have

cooperated with the security forces in establishing a

civil administration in Jaffna under a political

leadership elected freely and fairly in January 1998.

c. Freedom of Religion

The Constitution gives Buddhism a foremost position, but

it also provides for the right of members of other faiths

to practice their religions freely, and the Government

respects this right in practice. Despite the special

status afforded by the Constitution to Buddhism, major

religious festivals of all faiths are celebrated as

public holidays.

Foreign clergy may work in the country, but for the last

30 years, the Government has sought to limit the number

of foreign religious workers given temporary work

permits. Permission usually is restricted to

denominations registered with the Government. The

Government has prohibited the entry of new foreign clergy

on a permanent basis. It permitted those already in the

country to remain.

Some evangelical Christians have expressed concern that

their efforts at proselytizing often meet with hostility

and harassment from the local Buddhist clergy and others

opposed to their work. During the summer, at least one

couple was physically assaulted by Buddhist clergy.

Evangelicals sometimes complain that the Government

tacitly condones such harassment, but there is no

evidence to support this claim.

The LTTE expelled virtually the entire Muslim population

from their homes in the northern part of the island in

1990. Most of these persons remain displaced. In the

past, the LTTE expropriated Muslim homes, lands, and

businesses and threatened Muslim families with death if

they attempted to return (see Section 2.d.). In the past

year, the LTTE leadership has met with the leaders of the

Muslim community on their incorporation into the peace

process. The LTTE has made some conciliatory statements

to the Muslim community, but the statements are viewed

with skepticism by Muslims.

The LTTE attacked Buddhist sites, most notably the

historic Dalada Maligawa or "Temple of the Tooth," the

holiest Buddhist shrine in the country, in Kandy in

January 1998. In May 2000, an LTTE bombing near a temple

at the Buddhist Vesak festival in Batticaloa killed 23

persons and injured dozens of others (see Section 1.a.).

The LTTE has been accused in the past of using church and

temple compounds, where civilians were instructed by the

Government to congregate in the event of hostilities, as

shields for the storage of munitions.

d. Freedom of Movement Within the Country, Foreign

Travel, Emigration, and Repatriation

The Constitution grants every citizen "freedom of

movement and of choosing his residence" and "freedom to

return to [the country]," and the Government generally

respects the right to domestic and foreign travel. In

the past, however, the war with the LTTE prompted the

Government to impose more stringent checks on travelers

from the north and the east and on movement in Colombo,

particularly after dark. Tamils had to obtain police

passes in order to move freely in the north and east, and

frequently they were harassed at checkpoints throughout

the country (see Section 1.d.). These security measures

had the effect of restricting the movement of Tamils.

The government has lifted most travel restrictions within

the country. Areas near military bases and so-called

high security zones still have limited access. Some

observers claim the high security zones are excessive and

unfairly claim Tamil lands, particularly in Jaffna. In

April, the A-9 road connecting Jaffna in the north to the

rest of Sri Lanka was reopened. The LTTE still puts some

limitation on travel on the road, including tolls, but

the government has lifted all of its past restrictions on

travel to Jaffna.

The armed forces initially prevented more than 1,000

civilians from vacating conflict areas on the Jaffna

peninsula during fighting in April and May 2000; however,

the military quickly decided to permit civilians to

evacuate the area after intense pressure by human rights

groups. Fighting between Government and the LTTE has

displaced hundreds of thousands of persons, with many

displaced multiple times as front lines shifted. Since

September 2000, 172,000 IDP's have been living in welfare

centers ranging from camps, where conditions vary

considerably, to settlements with a full range of

government social services and food aid. By the end of

2001, an estimated 500,000 to 800,000 IDP's, including

those in the Vanni, had registered for government food

aid, and were receiving medicine and other essential

supplies from the Government. By year's end, more than

150,000 of these IDP's had returned home.

The Government has sought to resettle the displaced where

possible and has arranged for a number of those from

Jaffna to return to their homes. Over the years, the

Government, in cooperation with the UNHCR, built

permanent housing for 18,000 Muslims in the Puttalam

area. An additional one-time resettlement program

relocated 1000 families by end of 2001. Many of those

resettled later were displaced by subsequent fighting,

including those who returned to their homes north and

east of Vavuniya in 1999, but were forced to flee again

when the LTTE retook the area starting in November, 1999.

The current return of IDP's exceeds the capacity of the

Government to provide adequate assistance. The IDP's

are, in some cases, returning to areas that are still

mined.

The LTTE has discriminated against Muslims, and in 1990

expelled some 46,000 Muslim inhabitants--virtually the

entire Muslim population--from their homes in areas under

LTTE control in the northern part of the island. Most of

these persons remained displaced and live in or near

welfare centers at year's end. There are credible reports

that the LTTE has warned thousands of Muslims displaced

from the Mannar area not to return to their homes until

the conflict is over. In the past, the LTTE has

expropriated Muslim homes, land, and businesses and

threatened Muslim families with death if they attempt to

return. It appears that those attacks by the LTTE are not

targeted against persons due to their religious beliefs,

however; rather, it appears that they are part of an

overall strategy to clear the north and east of persons

not sympathetic to the cause of an independent Tamil

state. For its part, the LTTE has invited the Muslim

IDPs to return home, asserting they will not be harmed.

Although some Muslim IDPs have begun returning home, the

vast majority still do not trust the LTTE and are waiting

for a firm settlement or guarantees from the government

or international community as to their safety in LTTE-

controlled areas.

Between October 1996 and the end of 1999, over 150,000

persons moved out of LTTE-controlled regions through

Vavuniya and other transit points into government

controlled regions. Of these, over 100,000 reached Jaffna

and other Tamil-majority areas. Many had left the Vanni

region with the intention of proceeding south; they opted

for other destinations only after learning that they

would have to remain in transit camps until security

clearances for southward travel were obtained. Obtaining

a clearance could take up to 4 months in some cases, and

some human rights groups alleged that the procedures were

arbitrary and unreasonably strict. The Government

restricted the movement of displaced Tamils due to

possible security, economic, and social concerns. These

restrictions have basically been lifted with the onset of

the peace process.

Prior to 2002, and following the Government's capture of

Jaffna in 1995, the LTTE began to allow persons to move

more freely into government-controlled areas, although it

still extracted a small fee for "travel passes" to leave

the Vanni, and it rarely allowed entire families to leave

at once. The LTTE occasionally disrupted the flow of

persons exiting the Vanni region through the one

established and legal checkpoint. In the past, the LTTE

disrupted the movement of IDP's from Trincomalee to

Jaffna by hijacking or attacking civilian shipping,

although there were no such reports this year.

Humanitarian groups estimate that more than 200,000 IDP's

live in LTTE-controlled areas (see Section 1.g.).

Several thousand Tamils fled LTTE-controlled areas to

Tamil Nadu in southern India in 1998. An estimated 65,000

Tamil refugees live in camps there. Approximately 100,000

refugees may have integrated into Tamil society in India

over the years. A small number returned from India during

the year.

The Government cooperates with the UNHCR and other

humanitarian organizations in assisting refugees. The

issue of the provision of first asylum did not arise

during the year. The Government does not permit the entry

of refugees into the country or grant first asylum, nor

does it aid those who manage to enter to seek permanent

residence elsewhere. The law does not include provisions

for granting refugee or asylee status in accordance with

the 1951 U.N. Convention Relating to the Status of

Refugees and its 1967 Protocol. There were no reported

instances of forcible repatriation of persons to a

country where they feared persecution.

Section 3 Respect for Political Rights: The Right of

Citizens to Change Their Government

Citizens have the right to change their government

through periodic multiparty elections based on universal

adult suffrage; however, recent elections have been

marred by violence and irregularities. The country is a

longstanding democratic republic with an active

multiparty system. Power is shared between the popularly

elected President and the 225-member Parliament. The

right to change the government was last exercised in the

December 2001 parliamentary elections in which the United

National Front, a coalition of parties led by the United

National Party (UNP), won a majority in Parliament for

the next 6-year period. The December 2001 and November

2000 parliamentary elections were marred by voting

irregularities and violence.

Following the December 2001 elections, the UNP and its

allies formed the new Government. The president's party,

the People's Alliance (PA), is now the opposition in

Parliament. The UNP, led by Prime Minister Ranil

Wickremesinghe, has formed the new Government and filled

the positions in the cabinet. Cohabitation ties between

the president and prime minister have been difficult.

The president suspended Parliament from July to September

2001. The suspension of Parliament angered opposition

parties, which sponsored numerous demonstrations. One of

these demonstrations, on July 19, ended with the deaths

of two marchers killed by security forces (see Section

2.b.). After further defections from her coalition, the

President dissolved Parliament on October 10 and called

for elections to take place on December 5.

On December 5, 2001, 12 supporters of the Sri Lankan

Muslim Congress were killed, apparently by hired thugs of

a PA candidate. Former PA MP Anuruddha Ratwatte and his

two sons have been indicted for conspiracy. In addition,

15 others, including security force personnel, were also

indicted for their alleged involvement in the murders.

The trial was still ongoing at year's end. Despite an

extremely violent campaign, including credible reports on

the use of intimidation by both of the major parties,

voter turnout exceeded 70 percent. The People's Alliance

for Free and Fair Elections (PAFFREL) reported 755

incidents of violence and 49 deaths; The Center for

Monitoring Election Violence (CMEV) reported 4,208

incidents, and 73 deaths; and the police reported 2,247

incidents, and 45 deaths during the year.

In September 2001, the Parliament passed the 17th

Amendment, which established an independent Commission on

Elections (among other commissions), which is to be

tasked with ensuring free and fair elections.

A delegation from the European Union monitoring the

election expressed concern about violence and

irregularities in the voting, but concluded that the

election "did to a reasonable degree reflect the will of

the electorate."

The Commissioner of Elections recognized 46 parties at

the time of general elections in October 2000; only 13

parties actually held seats in the 225-member Parliament

elected during 2001. The two most influential parties,

the Sri Lanka Freedom Party (the principal component

party of the governing PA coalition) and the UNP,

generally draw their support from the majority Sinhalese

community. These two parties have alternated in power

since independence.

Although there are no legal impediments to the

participation of women in politics or government, the

social mores in some communities limit women's activities

outside the home, and the percentage of women in

government and politics does not correspond to their

percentage of the population. In November 1994, a woman

was elected President for the first time; she was

reelected in December 1999 for a second term. Eleven

women held seats in the Parliament that completed its

term in August 2000. In addition to the Prime Minister,

the Minister for Women's Affairs, and the Minister of

Social Services, a number of women held posts as deputy

ministers in the last parliament. Of the 5,000 candidates

for the October 2000 parliamentary elections, 116 were

women and 7 of them won seats in the October elections.

Only one woman (Minister of Women's Affairs) was

appointed to the new cabinet formed after the December 5

elections.

The Parliament elected in October 2000 had 23 Tamil and

22 Muslim members. The Parliament elected in December

2001 had 28 Tamil, 21 Muslim, and 9 women members.

The LTTE refuses to allow elections in areas under its

control, although it did not oppose campaigning by

certain Tamil parties in the east during the December

2001 parliamentary elections. In previous years the LTTE

effectively undermined the functioning of local

government bodies in Jaffna through a campaign of killing

and intimidation. This campaign included the killing of 2

of Jaffna's mayors and death threats against members of

the 17 local councils. Throughout the period of the

conflict, the LTTE has killed popularly elected

politicians, including those elected by Tamils in areas

the LTTE claimed as part of a Tamil homeland.

Section 4 Governmental Attitude Regarding International

and Nongovernmental Investigation of Alleged Violations

of Human Rights

Several domestic human rights NGO's, including the

Consortium of Humanitarian Agencies (CHA), the University

Teachers for Human Rights, Jaffna (UTHR-J), the Civil

Rights Movement (CRM), and the Law and Society Trust

(LST), monitor civil and political liberties. There are

no adverse regulations governing the activities of local

and foreign NGO's, although the Government officially

requires NGO's to include action plans and detailed

descriptions of funding sources as part of its

registration process. Some NGO workers have seen this as

an attempt by the Government to exert greater control

over the NGO sector after previous human rights groups

criticisms. Few NGO's complied with these new reporting

requirements. The Government generally cooperated with

NGO's, members of Parliament, and other officials

participating in seminars and other events concerning

human rights and humanitarian affairs.

The Government allowed the ICRC unrestricted access to

detention facilities (see Sections 1.c. and 1.d.). The

ICRC provides international humanitarian law training

materials and training to the security forces. The UNHCR,

the ICRC, and a variety of international NGO's assisted

in the delivery of medical and other essential supplies

to the Vanni area (see Section 1.g.).

In the first 6 months of the year, the HRC conducted over

600 visits to police stations and over 300 visits to

detention facilities. The HRC has over 4,500 cases of

alleged human rights abuse pending. The Commission's

investigation into the allegations by former Lance

Corporal Rajapakse about mass graves at Chemmani in

Jaffna resulted in exhumations in 1999 that provided the

basis for the ongoing case (see Section 1.a.). Some

observers still complain that the HRC is hampered by the

lack of a strong leader. Over the past year, however,

many observers of commented positively on the new

leader's implementation of standardized procedures and

willingness to confront other government branches on

human rights issues. The new commissioners were appointed

in March 2000 and stayed in place until early 2002.

Activists have expressed some satisfaction with the new

leadership's prompt investigation into the November 2000

Bindunuwewu massacre.

Section 5 Discrimination Based on Race, Sex, Religion,

Disability, Language, or Social Status

The Constitution provides for equal rights under the law

for all citizens, and the Government generally respects

these rights. The Supreme Court regularly upholds court

rulings in cases in which individuals file suit over the

abridgment of their fundamental civil rights. The HRC and

the CIUAH are other mechanisms that the Government has

established to ensure enforcement of constitutional

provisions in addition to access to the courts (see

Section 1.d.).

Women

Sexual assault, rape, and spousal abuse (often associated

with alcohol abuse) continued to be serious and pervasive

problems.

Amendments to the Penal Code introduced in 1995

specifically addressed sexual abuse and exploitation and

modified rape laws to create a more equitable burden of

proof and to make punishments more stringent. Marital

rape is considered an offense in cases of spouses living

under judicial separation, and laws govern sexual

molestation and sexual harassment in the workplace. While

the Penal Code may ease some of the problems faced by

victims of sexual assault, many women's organizations

believe that greater sensitization of police and judicial

officials is required. The Government set up the Bureau

for the Protection of Children and Women within the

police in 1994 to respond to calls for greater awareness

and attention; however, there was no information on any

actions taken by the Bureau nor on the number of crimes

against women.

Although laws against procuring and trafficking were

strengthened in 1995, trafficking in women for the

purpose of forced labor occurs (see Sections 6.c. and

6.f.).

During 2001, police reported 500 rape case

investigations. In 2001, there were a number of reports

of security forces raping women in custody (see Section

1.c.). In 2002, there was one such report. There have

been no convictions in the cases involving security force

personnel.

The Constitution provides for equal employment

opportunities in the public sector. However, women have

no legal protection against discrimination in the private

sector where they sometimes are paid less than men for

equal work, often experience difficulty in rising to

supervisory positions, and face sexual harassment. Women

constitute approximately one-half of the formal work

force.

Women have equal rights under national, civil, and

criminal law. However, questions related to family law,

including divorce, child custody, and inheritance, are

adjudicated by the customary law of each ethnic or

religious group. The minimum age of marriage for women is

18 years, except in the case of Muslims, who continue to

follow their customary marriage practices. The

application of different legal practices based on

membership in a religious or ethnic group often results

in discrimination against women.

Children

The Government is committed to protecting the welfare and

rights of children, but is constrained by a lack of

resources. The Government demonstrates this commitment

through its extensive systems of public education and

medical care. The law requires children between the ages

of 5 and 14 to attend school. Approximately 85 percent of

children under the age of 16 attend school. Education is

free through the university level. Health care, including

immunization, also is free.

In the period from January 1 to June 30, 2000, the police

recorded 680 cases of crimes against children, compared

with 767 cases for January 1 to the end of August. Many

NGO's attribute the problem of exploitation of children

to the lack of law enforcement rather than adequate

legislation. In the past many law enforcement resources

were diverted to the conflict with the LTTE, although the

police's Bureau for the Protection of Children and Women

conducts investigations into crimes against these two

groups. In September, the Police also opened an office

to work directly with the National Child Protection

Authority (NCPA) on children's issues.

There is a problem of child prostitution in certain

coastal resort areas. The Government estimates that there

are more than 2,000 active child prostitutes in the

country, but private groups claim that the number is much

higher (see Section 6.f.). The bulk of child sexual abuse

in the form of child prostitution is committed by

citizens; however, some child prostitutes are boys who

cater to foreign tourists. Some of these children are

forced into prostitution (see Section 6.f.). The

Government has pushed for greater international

cooperation to bring those guilty of pedophilia to

justice. The penalty for pedophilia is not less than 5

years and up to 20 years as well as an unspecified fine.

Four cases of pedophilia were brought to court in 2000,

one involving a foreigner. At least two cases were

brought to court in 2002 but the accused fled the country

in each case. There was at least one reported arrest for

pedophilia during the year, but no convictions.

Regular employment of children also occurs in the

informal sector and in family enterprises (see Section

6.d.). Government inspections have been unable to

eliminate these forms of child labor, although an

awareness campaign coupled with the establishment of hot

lines for reporting child labor has led to an increase in

the prosecutions by the Labor Department regarding child

labor violations. However, many thousands of children are

believed to be employed in domestic service, although

this situation is not regulated or documented. Many child

domestics are reportedly subjected to physical, sexual

and emotional abuse. Internal trafficking in male

children for the purpose of prostitution is a problem

(see Sections 6.d. and 6.f.).

The Government created the National Child Protection

Authority (NCPA) in 1998. The law establishing the NCPA

consolidated existing legislation and defined a child as

anyone under age 18. Under the law, the definition of

child abuse includes all acts of sexual violence against,

trafficking in, and cruelty to children. The law also

prohibits the use of children in exploitative labor or

illegal activities or in any act contrary to compulsory

education regulations. The legislation further widened

the definition of child abuse to include the involvement

of children in war. The NCPA is comprised of

representatives from the education, medical, retired

police, and legal professions; it reports directly to the

President. The police also created an office in September

to work directly with the NCPA, particularly in

investigations of incidents the NCPA reports to them. In

the past, the LTTE used child soldiers and recruits

children, sometimes forcibly, for use in battlefield

support functions and in combat. LTTE recruits, some as

young as 13, have surrendered to the military, and

credible reports indicate the LTTE has stepped up

recruiting efforts (see Section 1.g.). In May 1998, the

LTTE gave assurances to the Special Representative of the

U.N. Secretary General for Children in Armed Combat that

it would not recruit children under the age of 17. The

LTTE has not honored this pledge, even after the

ceasefire agreement there were multiple credible reports

of the LTTE forcibly recruiting children (see Section

6.d.).

Persons with Disabilities

The law does not mandate accessibility to buildings or

government services for persons with disabilities. The

World Health Organization estimates that 7 percent of the

population is persons with disabilities. Most persons

with disabilities, who are unable to work, are cared for

by their families. The Department of Social Services

operates eight vocational training schools for persons

with physical and mental disabilities and sponsors a

program of job training and placement for graduates. The

Government also provides some financial support to NGO's

that assist persons with disabilities; subsidizes

prosthetic devices and other medical aids for persons

with disabilities; makes some purchases from suppliers

with disabilities; and has registered 74 schools and

training institutions for persons with disabilities run

by NGO's. The Social Services Ministry has selected job

placement officers to help the estimated 200,000 work-

eligible persons with disabilities find jobs. In spite of

these efforts, persons with disabilities still face

difficulties because of negative attitudes and societal

discrimination. In 1996 Parliament passed legislation

forbidding discrimination against any person on the

grounds of disability. No cases are known to have been

filed under this law.

Indigenous People

The country's indigenous people, known as Veddas, number

fewer than l,000. Some prefer to maintain their isolated

traditional way of life, and they are protected by the

Constitution. There are no legal restrictions on their

participation in the political or economic life of the

nation. In August 1998, the Government fulfilled a long-

standing Vedda demand when the president issued an order

granting Veddas the right to hunt and gather in specific

protected forest areas. The executive order granted the

Veddas the freedom to protect their culture and to carry

on their traditional way of life without hindrance. Under

a pilot program, Veddas received special identity cards

to enable their use of these forest areas. Some Veddas

still complain that they are being pushed off of their

land.

Religious Minorities

Discrimination based on religious differences seems much

less common than discrimination based on ethnicity or

caste. In general, the members of the various faiths tend

to be tolerant of each other's religious beliefs.

However, on occasion, Christians have been harassed by

Buddhist monks for their alleged attempts to convert

Buddhists to Christianity. Catholic clergy, for example,

have reported non-violent incidents of this sort in the

south during the year. Evangelical Christians were

physically assaulted on at least one occasion. In the

past, evangelical Christians have reported similar

incidents (see Section 2.c.).

There are reports that members of various religious

groups give preference in hiring in the private sector to

members of their own group or denomination. This practice

likely is linked to the country's ongoing ethnic problems

and does not appear to be based principally on religion.

There is no indication of preference in employment in the

public sector on the basis of religion.

In April 2001, three Sinhalese men attacked a Muslim

cashier in Mawanella. The Muslim community protested

police inaction regarding the attack. In response

approximately 2,000 Sinhalese, including Buddhist monks,

rioted in the Muslim section of town and confronted the

Muslim protesters. Two Muslims were killed, and a number

of buildings and vehicles were destroyed. The Muslim

community throughout the western portion of the country

staged a number of protests claiming the police did

nothing to prevent the riot. Some of the protests

resulted in clashes between the Muslim and Sinhalese

communities.

The LTTE has attacked notable Buddhist sites. In May

2000, 23 persons were killed and dozens injured when an

LTTE bomb exploded near a temple at the Buddhist Vesak

festival.

In 2002, the LTTE allowed Roman Catholics unlimited

access to a shrine at Madhu in the north. Thousands of

pilgrims took the opportunity to visit the shrine.

National/Racial/Ethnic Minorities

There are approximately one million Tamils of

comparatively recent Indian origin, the so-called "tea

estate" Tamils or "Indian" Tamils, whose ancestors

originally were brought to the country in the 19th

century to work on plantations. Approximately 75,000 of

these persons do not qualify for either Indian or Sri

Lankan citizenship and face discrimination, especially in

the allocation of government funds for education. Without

national identity cards, they also are vulnerable to

arrest by the security forces. However, the Government

has stated that none of these persons would be forced to

depart the country. During 1999, the Government

introduced a program to begin registering these

individuals; 15,300 tea estate Tamils received identity

cards between January and September 30, 2001. Some

critics charged that the program did not progress fast

enough.

Both Sri Lankan and tea estate Tamils maintain that they

have long suffered systematic discrimination in

university education, government employment, and in other

matters controlled by the Government. Section 6 Worker

Rights

a. The Right of Association

The Government respects the constitutional right of

workers to establish unions, and the country has a strong

trade union tradition. Any seven workers may form a

union, adopt a charter, elect leaders, and publicize

their views; however, in practice, such rights can be

subject to administrative delays, and are unofficially

discouraged. Nonetheless, approximately 25 percent of the

6.7 million person work force nationwide and more than 70

percent of the plantation work force, which is

overwhelmingly Hill Tamil, is unionized. In total there

are more than 1,000,000 union members, 650,000 of whom

are women. Approximately 20 percent of the

nonagricultural work force in the private sector is

unionized. Unions represent most workers in large private

firms, but those in small-scale agriculture and small

businesses usually do not belong to unions. Public sector

employees are unionized at very high rates and are highly

politicized.

Most large unions are affiliated with political parties

and play a prominent role in the political process,

though major unions in the public sector are politically

independent. More than 30 labor unions have political

affiliations, but there are also a small number of

unaffiliated unions, some of which have active leaders

and a relatively large membership. In 2000 the most

recent year for which data is available, the Department

of Labor registered 183 new unions and canceled the

registration of 132 others, bringing the total number of

functioning unions to 1,604. The Ministry of Labor is

authorized by law to cancel the registration of any union

that does not submit an annual report. This requirement

is the only legal grounds for cancellation of

registration.

All workers, other than civil servants and workers in

"essential" services, have the right to strike. By law

workers may lodge complaints with the Commissioner of

Labor, a labor tribunal, or the Supreme Court to protect

their rights. These mechanisms are effective; however,

there can be lengthy delays in the resolution of cases.

New reforms put limits on the amount of time allowed to

resolve arbitration cases, though there is a substantial

backlog to clear. The Government periodically has

controlled strikes by declaring some industries essential

under the ER (which lapsed in July 2000). The President

retains the power to designate any industry as an

essential service. The ILO has pointed out to the

Government that essential services should be limited to

services where an interruption would endanger the life,

personal safety, or health of the population.

Civil servants collectively may submit labor grievances

to the Public Service Commission, but they have no legal

grounds to strike. Nonetheless, government workers in the

transportation, medical, educational, power generation,

financial, and port sectors have staged brief strikes and

other work actions in the past few years. There were

numerous public sector strikes during the year.

The law prohibits retribution against strikers in

nonessential sectors. Employers may dismiss workers only

for disciplinary reasons, mainly misconduct. Incompetence

or low productivity are not grounds for dismissal.

Dismissed employees have a right to appeal their

termination before a labor tribunal.

Unions may affiliate with international bodies, and some

have done so. The Ceylon Workers Congress, composed

exclusively of Hill Tamil plantation workers, is the only

trade union organization affiliated with the

International Confederation of Free Trade Unions (ICFTU),

although a new trade union in the Biyagama export

processing zone (EPZ) is affiliated with the Youth Forum

of the ICFTU. No national trade union center exists to

centralize or facilitate contact with international

groups.

b. The Right to Organize and Bargain Collectively

The law provides for the right to collective bargaining,

but fewer than 100 companies rely on it. Large firms may

have employees in as many as 60 different unions. In

enterprises without unions, including those in the EPZ's,

worker councils--composed of employees, employers and

often a public sector representative--generally provide

the forums for labor and management negotiation. The

councils do not have the power to negotiate binding

contracts, and labor advocates have criticized them as

ineffective.

In December 1999, Parliament passed an amendment to the

Industrial Disputes Act to require employers to recognize

trade unions and the right to collective bargaining. The

law prohibits antiunion discrimination. This law is being

implemented. Employers found guilty of such

discrimination must reinstate workers fired for union

activities but may transfer them to different locations.

There are approximately 110,000 workers employed in three

EPZ's, a large percentage of them women. Under the law,

workers in the EPZ's have the same rights to join unions

as other workers. Few unions have formed in the EPZs,

partially because of severe restrictions on access by

union organizers to the zones. While the unionization

rate in the rest of the country is approximately 25

percent, the rate within the EPZs is only 10 percent.

Labor representatives allege that the Government's Board

of Investment, which manages the EPZs, including setting

wages and working conditions in the EPZs, has discouraged

union activity. The short-term nature of employment and

relatively young workforce in the zones makes it

difficult to organize. Work councils in the EPZs are

chaired by the Government's Board of Investment (BOI) and

only have the power to make recommendations. Labor

representatives also allege that the Labor Commissioner,

under BOI pressure, has failed to prosecute employers who

refuse to recognize or enter into collective bargaining

with trade unions. While employers in the EPZs offer

generally higher wages and better working conditions than

employers elsewhere, workers face other concerns, such as

security, expensive but low quality boarding houses, and

sexual harassment. In most instances, wage boards

establish minimum wages and conditions of employment,

except in the EPZs, where wages and work conditions are

set by the BOI.

c. Prohibition of Forced or Compulsory Labor

Forced or compulsory labor is prohibited under the law;

however, there were reports of the use of forced or

compulsory labor. ILO Convention 105 was not ratified yet

by the end of September. There are reports of women

being trafficked to the country for the purpose of

prostitution (see Section 6.f.). Some children reportedly

were trafficked and forced into prostitution (see

Sections 5 and 6.f.). The law does not prohibit forced or

bonded labor by children specifically, but government

officials interpret it as applying to persons of all

ages. There were credible reports that some rural

children were employed in debt bondage as domestic

servants in urban households. There were many reports

that some of these children had been abused.

There are credible reports that some soldiers attached to

an army camp north of Batticaloa forced local villagers

to build a wall around the camp during 2000, and that

they beat individuals who refused to comply. The military

apparently transferred the officer responsible for the

forced labor when the abuse was publicized.

d. Status of Child Labor Practices and Minimum Age for

Employment

The law prohibits labor by children under 14 years of

age, but child labor is a problem and still exists in the

informal sectors. The National Child Protection Authority

Act (NCPA) combats the problem of child abuse, including

unlawful child labor. The act consolidated existing

legislation that established what types of employment are

restricted for children, which age groups are affected.

The Ministry of Labor is the competent authority to set

regulations, carry out implementation, and monitoring.

The minimum age for employment is 14, although the law

permits the employment of younger children by their

parents or guardians in limited work. In January 2000,

Parliament repealed a regulation that permitted domestic

employment for children as young as age 12. The law

permits the employment of persons from the age of 14 for

not more than one hour on any day before school. The

Trade Union Ordinance of 1935 allows membership only from

the age of 16, however. The law also permits employment

in any school or institution for training purposes. The

Compulsory Attendance at Schools Act, which requires

children between the ages of 5 and 14 to attend school,

has been in effect since January 1998, although it still

is being implemented. Despite legislation, child labor

still exists in the informal sector. A child activity

survey carried out in 1998 and 1999 by the Department of

Census and Statistics found almost 11,000 children

between the ages of 5 and 14 working full time and

another 15,000 engaged in both economic activity and

housekeeping. The survey found 450,000 children employed

by their families in seasonal agricultural work.

Persons under age 16 may not be employed in any public

enterprise in which life or limb is endangered. There are

no reports that children are employed in the EPZs, the

garment industry, or any other export industry, although

children sometimes are employed during harvest periods in

the plantation sectors and in nonplantation agriculture.

A 1995 labor survey of the plantations indicated that

half of all children in plantations drop out of school

after the fourth grade, leaving a large pool of children

between the ages of 10 and 15 available to pursue

employment. The primary school retention rate has been

increasing in recent years.

Many thousands of children are believed to be employed in

domestic service, although this situation is not

regulated or documented. A 1997 study reported that child

domestic servants are employed in 8.6 percent of homes in

the Southern Province. The same study reported that child

laborers in the domestic service sector often are

deprived of an education. Many child domestics are

reportedly subjected to physical, sexual, and emotional

abuse.

Regular employment of children also occurs in the

informal sector and in family enterprises such as family

farms, crafts, small trade establishments, restaurants,

and repair shops. Government inspections have been unable

to eliminate these forms of child labor (see Section 5),

although an awareness campaign coupled with the

establishment of hot lines for reporting child labor has

led to an increase in the prosecutions regarding child

labor violations by the Labor Department. The Labor

Department reported 194 complaints regarding child labor

in 2000, with 79 of these cases withdrawn due to lack of

evidence or faulty complaints. The Department prosecuted

7 cases in 2000. In the first eight months of the year,

the Labor Department reported 199 complaints, with 48

cases withdrawn and 40 prosecuted. According to the

Ministry of Labor, there were 10 prosecutions for child

labor (below the age of 14) during 2000. Under

legislation dating from 1956, the maximum penalty for

employing minors is about $12 (1,000 rupees), with a

maximum jail term of 6 months.

Internal trafficking in male children for the purpose of

prostitution is a problem (see Sections 5 and 6.f.).

Estimates of the number of child prostitutes range from

2,000 to 30,000; however, there are no reliable

statistics. Although forced or bonded labor by persons of

any age is prohibited by law, some rural children

reportedly have served in debt bondage (see Sections 5

and 6.c.). The Government ratified ILO Convention 182 on

the Worst Forms of Child Labor on March 1, 2001.

The LTTE continued to use high school-age children for

work as cooks, messengers, and clerks. In some cases, the

children reportedly help build fortifications. In the

past, children as young as age 10 were said to be

recruited and placed for 2 to 4 years in special schools

that provided them with a mixture of LTTE ideology and

formal education. The LTTE uses children as young as 13

years of age in battle, and children sometimes are

recruited forcibly into the LTTE (see Section 5). In May

1999, the LTTE began a program of compulsory physical

training, including mock military drills, for most of the

population of the areas that it controls, including for

schoolchildren and the aged. This LTTE program reportedly

still functions. According to LTTE spokesmen, this work

is meant to keep the population fit; however, it is

believed widely that the training was established in

order to gain tighter control over the population and to

provide a base for recruiting fighters. Despite repeated

claims to the contrary by the LTTE, there were credible

reports that the LTTE continued to forcibly recruit

children throughout the year. Individuals or small

groups of children intermittently turned themselves over

to security forces or religious leaders saying they had

escaped LTTE training camps throughout the year. During

August and September, the LTTE handed over 85 children to

UNICEF, stating that the children had volunteered to

serve, but that the LTTE does not accept children.

e. Acceptable Conditions of Work

The Ministry of Labor effectively enforces the minimum

wage law for large companies through routine inspections;

however, staffing shortages prevent the department from

effectively monitoring the informal sector. While there

is no universal national minimum wage, approximately 40

wage boards set minimum wages and working conditions by

sector and industry. In 2001, minimum wage rates averaged

approximately $29.38 (2,625 rupees) per month in

industry, commerce, and the service sector. The rate was

approximately $1.38 (104.53 rupees) per day in

agriculture. The minimum wage in the garment industry was

$25.73 (2,300 rupees) per month. These minimum wages are

insufficient to provide a decent standard of living for a

worker and the standard family of five, but the vast

majority of families have more than one breadwinner.

Most permanent full-time workers are covered by laws that

prohibit them from regularly working more than 45 hours

per week (a 5 1/2-day workweek). Overtime is limited to

60 hours per month under a recent ruling. Labor

organizers are concerned that the new legislation does

not include a provision for overtime to be done with the

consent of the worker. Such workers also receive 14 days

of annual leave, 14 to 21 days of medical leave, and

approximately 20 local holidays each year. Maternity

leave is available for permanent and seasonal or part-

time female workers. Several laws protect the safety and

health of industrial workers, but the Ministry of Labor's

small staff of inspectors is inadequate to enforce

compliance with the laws. Workers have the statutory

right to remove themselves from situations that endanger

their health, but many workers are unaware of, or

indifferent to, health risks, and fear that they would

lose their jobs if they removed themselves. Health and

safety regulations do not meet international standards.

f. Trafficking in Persons

The law prohibits trafficking in persons; however, Sri

Lanka is a country of origin and destination for

trafficked persons, primarily women and children for the

purposes of forced labor, and possibly for sexual

exploitation. Sri Lankan women travel to Middle Eastern

countries to work as domestics and some have reported

being forced into domestic servitude and sexual

exploitation. Some Sri Lankan children are trafficked

internally to work as domestics and in some cases for

sexual exploitation. There were unconfirmed reports that

boys were trafficked to the Middle East as camel jockeys.

According to police reports, there has been a floating

pool of approximately 200 foreign female sex workers in

the country who may have been trafficked from the former

Soviet Union, Thailand, and China.

Internal trafficking in male children is also a problem,

especially from areas bordering the northern and eastern

provinces. Protecting Environment and Children Everywhere

(PEACE), a domestic NGO, estimates that in 2001 there

were at least 5,000 male children between the ages of 8

and 15 years who are engaged as sex workers both at beach

and mountain resorts. Some of these children are forced

into prostitution by their parents or by organized crime

(see Section 5). PEACE also reports that an additional

7,000 young men aged 15 to 18 years are self-employed

prostitutes. Many organizations believe the PEACE

numbers to be inflated.

On October 1, the Police opened an office to work as part

of the NCPA in children's issues, including trafficking

in children.

Penal Code amendments enacted in 1995 provide for

penalties for trafficking in women including imprisonment

for 2 to 20 years, and a fine. For trafficking in

children, the law allows imprisonment of 5 to 20 years,

and a fine.

The Government took action during 2001 to prepare a

national plan to combat the trafficking of children. The

project was part of a regional project funded by the ILO.

The country has a reputation as a destination for foreign

pedophiles. Officials believe that approximately 30

percent of the clients are tourists and 70 percent are

locals. The Government occasionally prosecuted foreign

pedophiles, and there have been some convictions; however

there were no such convictions during the year. Many

NGO's attribute the problem of child exploitation to a

lack of law enforcement. There is evidence of continuing,

but reduced, international interest in Sri Lankan

children for the sex trade as evidenced in tourism by

foreign pedophiles, and in Internet sites featuring child

pornography involving the country's children.

End Text.

3. (U) Minimized considered.

WILLS