Bas Baskaran to chelvdurai
Please find below my notes from the hearing yesterday:
Hearing on IDP situation – 12/10, 10am-12pm
Representatives present: Davis (D-IL), Wolf (R-VA), Holt (D-NJ), Cao (R-LA)
Intro: Davis gave a brief update of HR711 calling for security, freedom of movement, resettlement, and access to foreign relief. Talked about his trip to SL several years ago.
Eric Schwartz - assistant secretary for Population, Migration and Refugees, US State Dept.
- Concerned re: conduct of SL forces during last stages of war.
- Went to SL in July to assess IDPT SITUATION.
- IDPs are the best judges of their own well-being; therefore should be involved in resettlement process.
- He requested $8 million to aid in resettlement.
- > 150,000 released, still 126,000 remain.
- Freedom of movement policy is a step forward.
- It is critical for govt to improve the quality of the return process.
- SL must coordinate efforts with NGOs and returnees should be involved in decision-making process of resettlement.
- 11,000 alleged child soldiers are being held without access to ICRC.
- Important to have process of political dialogue for national reconciliation.
- Perpetrators of abuse must be held accountable.
Q (Davis): Would the State urge for legal representation for LTTE combatants?
A: It would increase the confidence of the world and increase reconciliation when there is a process of engagement with the other side to recognize the legitimacy of its concerns. There needs to be access to the population for intl humanitarian organizations. We must talk to the govt about the treatment of ex-combatants.
Q (Davis): Does the gov’t feel that a cessation of hostilities has occurred?
A: There is apprehension re: continued security threats that has been a reason for the slow release. But SL thinks it’s better; hence the recent release of IDPs. SL must figure out how to manage security and manage fundamental basic principles.
Q (Davis): What about the treatment of children? There are child soldiers on both sides of the conflict.
A: There is some progress about responsiveness, but I’ll get back to you.
Q (Wolf): What resulted in the conclusion of the fighting?
A: They decided to pursue a military solution. Got assistance from China. We welcome the end of the war but have concerns of how it happened.
Q (Wolf): Oh, our good friends in China. Whenever something bad happens, China’s involved! What happened at the end of the war?
A: There are estimates of thousands of casualties, concerns of bombings, report of allegations of war crimes.
Q (Wolf): Sounds like you don’t want to say anything to offend SLG! Are there any reconciliation efforts similar to Rwanda/South Africa taking place?
A: Not yet, but advocacy by us on these issues make a difference.
Q (Wolf): Is there persecution of people of faith?
A: Will get back to you.
Q (Holt): In the aftermath of the conflict, do international services have access?
A: Our recommendations are: Give more aid to areas of return rather than to the camps; easy access for INGOs to returnees; access to ICRC for ex-combatants; political reconciliation. We welcome the progress that has already been made.
Q (Davis): Is there any movement that suggests change in discrimination of Tamils?
A: SL is at a critical period. They can either pursue process of engagement or go the other direction.
Michael Gabaudan – UNHCR
- Changes of militarized situation.
- Still 125,000 IDPs in 18 camps.
- UN can travel from Vavuniya and Jaffna
- Travel restrictions have decreased
- There has been little information to IDPs on the process of return.
- Little freedom of movement
- Little access to community services
- Little/no access to ICRC
- There needs to be access for INGOs.
- There needs to be civil documentation (if they don’t have it, they’re suspected of being LTTE).
Q (Davis): What is the relationship between SL and UNHCR?
A: It’s close, talking everyday, we are present in the field and interact with officials. But we have told them that our assistance is conditional on access to areas.
Q (Davis): Are there opportunities for work for those returning to Jaffna?
A: Early recovery reporting must be pushed for.
Q (Davis): How long will the $220 last?
A: It is to assist them in finding shelter. It is given to those returning to Vanni because of greater destruction. It will be extended to Jaffna and Manner in the future.
Q (Davis): People are allowed to leave temporarily, but aren’t they required to return?
A: There are decreased reports of that now. They’re easing up.
Q (Davis): If they don’t return, are they penalized by law? Is there legal counseling?
A: IDK.
Q (Davis): There are allegations that Singhalese have moved to traditional Tamil lands. They don’t have access to former homes. How widespread is that?
A: It’s happening but it’s not documented.
Panel: Amnesty International (Christoph Koettl); Miriam Young (US Council on SL); Robert Oberest (Nebraska Wesleyan University); Jennifer Leonard (ICG)
Miriam Young
- Keep in mind what IDPs went through before the camps.
- They are kept in the dark about their future.
- The nature of returns is a continuation of how they’ve been treated: not knowing, limited access, need passes.
- Donor govts should be speaking up about access because those with access can’t speak up because they fear tighter restrictions. So donor govts like US should do it.
- Concerns re: transferred displacement, heavy military presence everywhere.
- SL has had time but are not prepared for returns even though the UN was prepared to help.
- Local ngos can’t help with permission from presidential task force.
- Disappearances – 60 men taken from their homes in the east.
- Media freedom.
- Senate foreign relations committee report: welcome continued engagement but should push no accountability issues.
- Repressive regimes watch SL’s methods of dealing with its minorities. Is SL going to pay for their behavior? If we ignore it, those countries will behave in the same manner.
Amnesty International
- HR concerns downplayed in SFRC report.
- Detainees (alleged ex-combatants) not charged with any crime – risk of torture, killings
- Who is going to be held accountable?
- Can’t talk to civilian witnesses of the final stages of war.
- Crater impacts by SL bombings
International Crisis Group
- Militarization; conflict over land; access restrictions; no space for democratic politics in north (no political rights).
- How are elections going to be managed?
- US should not fund non-emergency assistance until there is a clear plan.
- Demilitarize society, restore political rights.
Robert Oberst
- Disenfranchisement of Tamils – govt is made of Sinhala nationalist, no room for Tamils.
- Undermining of democracy – media, attacks on Christians; opposition attacked; electoral violations (Will tamils be able to vote?)
- Tamils don’t have national ID cards required to vote (how hill country Tamils were denied right to vote).
- Looking the other way (like the SFRC report suggests) would colonize more of the northern areas.
Q (Cao): Is there any threat of ethnic cleansing similar to Rwanda?
A (Oberst): No. historically, Tamils and Singhalese have coexisted. It’s more like there’s a marginalization of Tamils.
Q (Cao): US can’t do what we’ve been doing. Must put hard stance. What should US do besides request SL to develop a clear plan?
A (Amnesty): What is dangerous is accepting the notion that the war is over and everything is fine. We must speak out against human rights violation. Keep bringing up issues of IDP, accountability.
A (ICG): How are you going to spend money? What are the US tax payers and people of SL going to get for it? Ensure minorities have political stake in the process.
Q (Holt): There’s a discrepancy in numbers. SL says 125,000 IDPs remain, but I thought it was twice that.
A (Young): It was originally 280,000, but after the push to get them out, more than half of the IDPs are out of the camps.
Q (Holt): How many are detained because of ties to LTTE?
A (Young): 11-12,000 including children. 12 detention facilities.
A (ICG): There should be a proposal for rehab. But we need to have access and ask questions before donors offer assistance.
Q (Holt): How much freedom do Tamils have of where to resettle?
A (Young): None. IDPs are not involved in discussion.
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