The Eastern Province of Sri Lanka consists of the three administrative districts, Batticaloa, Ampara and Trincomalee. It remains difficult to paint an accurate picture of the population living in the Eastern Province, as due to the political climate there, the Census of 2001[1] could not be effectively conducted in the East. In the Batticaloa district five divisions were enumerated completely, but six divisions were only partially enumerated. In Ampara all districts were enumerated. According to the census, the estimated population for Batticaloa was 486,447 with a growth rate of 1.9%. In Ampara the estimated population is 388,970 with a 2% growth rate. In Trincomalee, the population is 340,000 with a 1.4% growth rate. This must be contrasted with the Jaffna peninsula where the estimated population fell dramatically to 490,000 with a negative 2% growth rate. The war has greatly affected the Eastern Province but the population statistics do not show the dramatic displacement that is evident in the Northern Province.

In addition, the ethnic composition of the eastern province has not been comprehensively enumerated by the Census and Statistics department since the 1981 census, which is now out of date. There was insufficient data collected for the 2001 Census regarding the ethnic composition of the population, and due to the exigencies of the armed conflict, officials of the census department were unable to carry out their survey in parts of the East. Again, in Batticaloa, only five divisions were enumerated completely, six partially, and one not at all[2]. Of those enumerated, a majority Tamil population is evident. The population survey for Trincomalee was also incomplete, but indicates a large Muslim majority. In Ampara district, the 2001 census also points to a majority Muslim population. Due to gaps in the census-taking, it is impossible to accurately enumerate the ethnic diversity of the Eastern Province as a whole. The 1981 census, points to 243,701 Sinhalese living in the Eastern Province, 399,299 Tamils and 315,436 Muslims. The 2001 census provides provisional numbers of 311,522 Sinhalese, 324,446 Tamil, and points to a Muslim population of 452,911. Although the 1981 and 2001 figures are not comparable, and the latest 2001 figures are not fully accurate, they do highlight the Eastern Province as a multi ethnic, multi religious province with a different social composition from the rest of the country. The heterogeneous mix of communities also gives rise to a cultural distinctiveness in the East. The majority of the population is in fact both Tamil and Muslim, or Mukkuwa, and has formed its own legal system and matrilineal form of inheritance[3]. This varied social composition has increased the complexity of the ethnic conflict and must therefore be taken into account in any assessment of the human rights situation in the Eastern Province.

In addition to a variegated social composition, the Eastern Province has remained an area with some of the lowest physical quality of life figures and some of the worst social and economic indicators for the whole country. For example though the national maternal mortality indicator is 2.3/10,000births the maternal mortality rates for Batticaloa are 5.1, for Ampara 9.8 and for Trincomalee 4.1.[4] Though the national female literacy rate is 83.2%, the female literacy rate is 61.9% in Batticaloa, 66.7% in Ampara and 73.1% in Trincomalee, the lowest in the country. [5]

The complex political history of the Eastern Province continues to unfold, with the third anniversary of the Cease Fire Agreement (CFA), signed between the Government of Sri Lanka (GoSL) and the Liberation Tigers of Tamil Eelam (LTTE) in February 2002, presenting unforeseen challenges. The political groupings continuing to share political power in the East are the following. The first are the parties that claim to represent the Tamil community: the Tamil National Alliance (TNA), and its present day allies, the LTTE with some of the other militant groups also having a limited following. 2004 also saw a separatist faction of the LTTE emerge under Colonel Karuna. The second are the parties that claim to represent the Muslim community, the Sri Lanka Muslim Congress (SLMC) and National Unity Alliance (NUA) as well as more militant formations that have emerged in recent times. The two major national political parties the United National Party (UNP) and the Sri Lanka Freedom Party (SLFP) also have a presence in the area.

In December 2003, the Commission found the situation in the Eastern Province to have changed dramatically since the signing of the ceasefire agreement. The majority of people the Commission met with were happy that the ceasefire had been signed. They pointed to the resumption of normalcy in economic and social life, the halt to the destruction that had taken place and the decline in the number of deaths since February 2002. However a significant number were of the opinion that the situation was actually worse, that there was greater insecurity, uncertainty and abuse after the signing of the ceasefire agreement. Many of the people who were of this view were from the Muslim community and Tamils living in the so called “cleared areas”.

This uncertainty and feeling of insecurity has continued through 2004 and the beginning of 2005, and has been exacerbated by two main events. These are the divide manifested within the LTTE in March 2004, and the Tsunami of 26 December 2004. Thus, the third anniversary of the CFA has seen both successes and failures. There have been no clashes between the two military forces in Sri Lanka since the signing of the agreement, showing that the ceasefire agreement has withstood the test of time. However, assassinations and killings have continued throughout the past three years, and many groups were of the view that Article 2 of the agreement, which prohibits assassinations, abductions and hostile acts against the civilian population, was often observed in the breach. The Sri Lanka Monitoring Mission (SLMM) that monitors the ceasefire agreement informed us that all allegations relating to Article 2 are recorded but they had limited capacity to investigate the crimes independently. However where they are certain of the facts, they do approach the military and political leadership of the LTTE and where relevant the GOSL. In some cases their requests are complied with but in many instances there has been no follow-up to their recommendations. They were of the view that if the police are unable to be effective then some alternative mechanism must exist for the protection of human rights which has full powers of investigation and inquiry.

Since December 2003, the political situation in the Eastern Province has been marked by the defection of Colonel Karuna, the former LTTE eastern commander, who broke away from the LTTE in March 2004. His denunciation of Prabhakaran and the northern (or Vanni) dominated LTTE leadership, was based on claims of LTTE discrimination against the eastern Tamils in relation to the northern Tamils. In April, shortly after national parliamentary elections, the LTTE attacked the approximately 6,000 soldiers under Karuna deployed in the East. Defeated, Karuna disbanded his forces, going into hiding. From mid-2004 until the present there has been a surge in political killings of Tamils, not just in the North and East, but also in Colombo. Attacks have been directed at members of the LTTE, supporters of Karuna, and politicians and journalists deemed to be opponents of the LTTE. The attacks and killings have mostly been attributed to the Vanni LTTE, and persons believed associated with the Karuna faction. In addition, human rights workers who criticize the LTTE are increasingly at risk.

These events have had major repercussions on the human rights situation in the East. Any general improvements in the situation since the cease-fire agreement (for example freedom of movement and general stability) in the Eastern Province have been somewhat erased by Karuna’s defection. Since April 2004, the Military has been setting up camps and fortifying checkpoints. Civilians are being stopped and checked again, and Government machinery is essentially non-operational in the un-cleared areas. Freedom of movement is therefore lessening, and people are afraid of another war breaking out. Child re-recruitment by the LTTE also boomed after Karuna released the child soldiers under his command. The increase in factional fighting has also affected the livelihoods of fishermen (as it is difficult to market their catch) and has prevented children from attending school (as parents are reluctant to let them go in case they are recruited into the LTTE). In addition, the lack of security has meant that there is limited NGO activity, and the government has not implemented any development projects[6].

All three areas of Batticaloa, Ampara, and Trincomalee, have seen an emergence of low-intensity conflict in the last few months. The Tsunami brought a brief respite to the political tensions in the area, however, the sympathetic and cooperative spirit inspired by the natural disaster has waned, and political killings have resumed. This is demonstrated by the marked rise in killings since the beginning of 2005. January saw no killings take place, whereas the number rose to 9 in March and then to 23 in March[7]. Amongst those killed were 9 civilians, caught in the crossfire of warring factions of the LTTE. Those civilians killed included 5 Muslims and 1 Sinhalese. The killings continued throughout April and into May, although numbers waned at the end of April. Ethnically, most of those killed have been Tamils, and the killings have been attributed to the LTTE and the Karuna faction. The numbers of violent acts in the region such as abductions and injuries that do not result in death have also risen from none in January, to 29 in March. These political killings are not only a violation of international human rights standards, but are also a violation of the 2001 CFA. The high incidence of political killings and other violations[8] of the CFA have prompted the government of Sri Lanka to bring these acts to the attention of the international community. Acting Defence Minister Ratnasiri Wickremenayake pronounced on 17 April 2005 that despite the CFA, the LTTE had been engaged in killings, abductions, assaults and other violent acts, and that the government of Sri Lanka was accordingly under an obligation to inform the international community.

Tensions between ethnic communities have also resurfaced, following a change in attitude post-Tsunami. Tamil and Muslim communities are protesting discriminatory action on the part of the Government, staging some large protests outside the DS offices in Ampara in March 2005. These communities are also increasingly worried that ethnic divides that have been established and solidified via the homogenous geographical distribution of populations in the region throughout the war years will disappear, as Tsunami displaced populations encroach upon unaffected land to resettle. Moderate LTTE leader E. Kaushalyan (the political head of the LTTE in the eastern Batticaloa-Amparai region) had started a process of dialogue with the Muslim community leaders and the LTTE, in an attempt to better relations between the two communities. However, he was killed on 8 February 2005, in an ambush in a government-controlled area while returning from discussions in Kilinochchi on post-tsunami relief and recovery work. Five members of his convoy were also killed, including Chandranehru Ariayanayagam, a former parliamentarian and a member of the LTTE human rights body, the North East Secretariat on Human Rights (NESOHR)[9]. The GoSL condemned this act in a welcome move; however, this has not affected the negative repercussions the killing has had. Recent developments have included a spate of killings in March and April 2005 mainly in and around Batticaloa. Targets have included LTTE cadres, and persons believed to be associated with Karuna. Tension thus remains high in the East as this fighting between Karuna loyalists and the LTTE escalates[10]. The Tsunami has also generated a certain amount of political strain in the area, with opinions diverging as to whether or not Tsunami aid is being fairly distributed across the Island. Perceptions seem to be that the North and East are being neglected at both national and local levels, leading to events such as the shooting and subsequent death of the Thirukkovil Divisional Secretary (DS), allegedly threatened by the LTTE and accused of the unfair distribution of Tsunami aid[11]. In addition, the Eastern Province has been affected by several hartals during 2004 and into 2005 held to protest events from the arbitrary arrest and detention of individuals, the putting up of Buddhist religious iconography in predominantly Tamil and Muslim areas[12], and perceived discrimination.

Added to these tensions is the question of Muslim participation in both the peace talks, and in the establishment of a Joint Mechanism to address the Tsunami affected areas. Thus far, there has been some agreement to include Muslims in the peace process. However, there has been no commitment to the inclusion of a separate Muslim delegation. Regarding the joint mechanism to address Tsunami affected areas; The President held talks in May with the relevant parties, however, the Muslim parties were not invited and therefore did not participate in the actual negotiations for the Post-Tsunami Operational management Structure (P-TOMS). This lack of involvement has resulted in disquiet among the Muslim community, as this joint mechanism may well serve as a template for the interim authority for the North and East, and will therefore have far-reaching consequences for the Muslims. A new phase began in the Tamil and Muslim relationship, with the LTTE (under the leadership of the late Kaushalyan) commencing meetings with the Muslim leadership in the area, and post-Tsunami, Tamils and Muslims were working together in the relief effort. However, the killing of a Muslim on 8 March was attributed to the LTTE, led to protests, and has had negative repercussions on Tamil-Muslim relations. In a recent development, the Supreme Court issued an interim order preventing the P-TOMS from being implemented. In response to a fundamental rights petition submitted by the Janatha Vimukthi Peramuna (JVP), the Court issued an Interim Court Order on 15 July 2005 against four clauses of the agreement signed by the GoSL and the LTTE. It was stressed that the whole agreement was not suspended, but that the injunction would apply only to specific clauses[13]. The Court upheld the right of the President to enter into such agreements but wanted stricter scrutiny on issues related to finance, planning and the location of the Committee so as to ensure non discrimination. The rising tensions in the East have been aggravated by this development and are exacerbating the possibilities for human rights abuses to take place.

In addition to the present political situation, the Tsunami has brought even more strain on an already struggling region. There are now IDPs displaced by both the war and the Tsunami in the area, all with concerns for their security, their livelihoods, health, education and resettlement. With the Tsunami, the amount of donor money flooding into the area has increased, as well as the number of NGOs that are present. This has led to high expectations among local communities, and a splintering of efforts to ameliorate the situation. The large amount of money and donor presence in the area has not sped up any processes of relief, rehabilitation or reconstruction, and has caused competition between agencies. In addition, it must be noted that the border areas between cleared and un-cleared areas are also the most susceptible to violence due to the lack of scrutiny by outside actors. The Tsunami has directed NGOs and INGO attention elsewhere, thus leaving these populations more vulnerable to violence. Border populations are under pressure to align themselves with the either the LTTE or Karuna, and suffer consequences for either decision[14]. In addition, with increase of conflict between the LTTE and the Karuna faction and resultant killings, there is an increasing danger of civilians being caught in the crossfire. There has been a general escalation of violence following Kaushalyan’s death, with attacks against PLOTE cadres and Karuna group camps. In January, February and March 2005, there have been 32 incidents of violence, (29 in government-controlled areas, and 3 in LTTE controlled areas), and 18 persons injured. There has been an increase in the number of checkpoints (8 new checkpoints established on 11 main roads), which has also contributed to an increase in tension and suspicion among the population[15].

Given the tension between the communities, it is absolutely necessary that the political leadership on all sides of the ethnic divide come up with creative political and administrative arrangements that will protect the security of all the communities living in the North and the East.[16] This security is paramount if there is to be human rights protection in these areas. In addition to security arrangements, a human rights agreement between the combatants, to be monitored by an independent monitoring mechanism is a major requirement of the moment. The resumption of peace talks should focus on such a discussion. Many of the problems highlighted below, the lack of a rule of law, impunity, abuse and harassment take place because of a lack of an adequate security arrangement that truly reflects the concerns of all parties living in the North and the East. They also result from a lack of commitment to human rights protection by combatants, especially those related to the LTTE and the Karuna faction. Any final or interim solution must ensure that appropriate political and or administrative arrangements must be creatively imagined and implemented so that all communities can live without fear, in safety and security.

The recent assassination of the foreign minister Lakshman Kadirgamar, the latest high profile victim in the cycle of political killings again raised tension and heightened fears that the ceasefire will not be adhered to. Kadirgamar was a major player and advisor on the peace process and his assassination will have a major impact on the government’s policy with regard to peace. In this context, the recent moves to begin talks on the implementation of the ceasefire agreement will provide an opportunity to deal with the violations of the ceasefire, often with impunity, by the LTTE and the Karuna faction. In this context, the Commission would like to draw attention to its first recommendation, the need for a human rights agreement between the parties with international monitoring as the only effective means of monitoring human rights violations of the ceasefire.

THE TSUNAMI

On 26 December 2004, an earthquake about 150 kilometres off of Northern Sumatra in Indonesia generated a disastrous tsunami that caused destruction in 11 countries bordering the Indian Ocean, including Sri Lanka. As of 3 January 2005, Sri Lankan authorities report 30,196 confirmed deaths[17] The Southern and Eastern coasts were worst hit. One and a half million people have been displaced from their homes. Destruction in some places was total, with schools, hospitals, and homes completely washed away. The result is that the country is in the process of engaging in the massive task of rebuilding infrastructure and lives. Batticaloa and Ampara were two of the Districts worst affected by the Tsunami. In Batticaloa alone, 14 Divisions were severely affected. 2,837 people died, 2,375 were injured, and 340 recorded still missing by April 2005. As of April 55,935 persons remain displaced in welfare centres or with relatives and friends. Ampara was the worst hit, with 6,007 deaths, 6,706 injured, and 159 missing as of April. A total of 99,551 persons still displaced and living with relatives or in camps. As of April 2005, 17,343 persons remain in the 65 Welfare Centres in Ampara District. In Trincomalee, 6 of 11 Divisions were affected. The Tsunami left 969 people dead, and as of March 2005, 45 were still missing. The District has 30,547 Families that were directly affected, 126,676 internally displaced persons (including 22,265 displaced children below the age of 12)[18].