Peace Agreements Database

Country/entity

Sri Lanka

Region

Asia and Pacific

Agreement name

Human Rights issues relating to the peace process

Date

08/02/2003

Agreement status

Multiparty signed/agreed

Interim arrangement

No

Agreement/conflict level

Intrastate/intrastate conflict (Sri Lankan Civil War (1983 - 2009)

The roots of the Sri Lanka conflict lay in British colonial policy which controlled the island from 1802 until 1948. During the early 1800s, the British brought Tamils from mainland India to work on the various plantations for tea, coffee and rubber, changing Sri Lanka's the demographic make-up. Upon independence, Sinhalese nationalism dominated the political sphere and introduced discriminatory policies against the Tamil minority straining relations and sparking protests. Armed Tamil resistance first came in the form of assassinations of moderate Tamils and opposition politicians in the mid-1970s. However, it was the Liberation Tigers of Tamil Eelam's (LTTE) attack on checkpoint Four Four Bravo, which marked the turning point, sparking pogroms against Tamils in Sinhalese majority areas. This incident, known as Black July, is widely considered to the beginning of the civil war.

The first round of peace talks were backed by India, which had deployed the Indian Peace Keeping Force (IPKF) in 1987, and led to the 1987 Indo-Sri Lanka Accord. The Accord was successful in persuading the majority of insurgency groups to lay down arms. However, the strongest Tamil insurgency group, the LTTE, was not party to the talks and refused to disarm, sparking direct conflict between the IPKF and the LTTE until IPKF withdrawal 1990. Following the withdrawal, the LTTE consolidated their power in the North and East sparking another intense and bloody war with the central government that lasted until 2002 when another peace process was launched under the auspices of Norwegian negotiators. The second round of peace talks, however, only continued until April 2003 and in March 2004, a large faction of LTTE cadres split from the main organization damaging LTTE unity. The LTTE were defeated militarily by a large-scale government assault in 2009, however, the conditions for peace remain uncertain.

Sri Lankan Civil War (1983 - 2009) )

Stage

Pre-negotiation/process (Confidence building measure)

Conflict nature

Government/territory

Peace process

114: Sri Lanka LTTE 2002 onward process

Parties

Government of Sri Lanka; Liberation Tigers of Tamil Eelam (LTTE)

Third parties

Norway

Description

Agreement outlines how human rights issues will be touched on and incorporated into the peace process including provisions for IDPs; Prisoners; Women; Children, and missing/disappeared individuals. It goes on to outline the role of Human rights training among warring parties, how to maintain human rights commitments, how commitments will be monitored including by a national human rights institution as well as an international Nordic monitoring commission, and treaty incorporation.

Agreement document

LK_030208_Human Rights issues relating to the peace process.pdf []

Groups

Children/youth

Rhetorical

Page 1-2, I. Stabilization stage:
4. The parties have already discussed within the peace talks a number of issues with major human rights dimensions:
4a. Internally displaced persons ... In discussions with UNHCR regarding refugee return they have noted that conditions conducive to return require physical, legal and material security, and addressing the specific protection and assistance needs of women, children and other vulnerable groups.

Substantive

Page 2, 4d. Children
The parties have stressed the need to improve the situation for children affected by the armed conflict. Sri Lanka is a party to the Convention on the Rights of the Child. Inspired by the international norms protecting the rights of the child, the parties have underlined that children belong with their families and other custodians and not in the workplace, whether civilian or military. The LTTE has issued written instructions to ensure no under age recruitment takes place and has reiterated its commitment to redress the problem of part under age recruitment. It is engaged in a partnership with UNICEF to draw up an action plan for restoring normalcy to the lives of children of the north and east affected by war.

Page 4, Human rights commitments and monitoring
...8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
Rights of particular relevance might include:
- Children's rights

Disabled persons

Substantive

Page 4, Human rights commitments and monitoring
...8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
Rights of particular relevance might include:
- Rights of disabled persons

Elderly/age

Substantive

Page 2, 4d. Children
... The LTTE has issued written instructions to ensure no under age recruitment takes place and has reiterated its commitment to redress the problem of part under age recruitment. It is engaged in a partnership with UNICEF to draw up an action plan for restoring normalcy to the lives of children of the north and east affected by war.

Migrant workers

No specific mention.

Racial/ethnic/national group

Substantive

Page 2, 4b. Prisoners,
The status of Tamil prisoners held under the Prevention of Terrorism Act has been discussed.

Page 3, Training
5. ... The Human Rights Commission of Sri Lanka is mandated to promote awareness of, and provide education in relation to, human rights. Such efforts should be intensified throughout Sri Lanka, in order to contribute to reconciliation and respect for the rights of local minorities.

Page 4, Human rights commitments and monitoring
8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
Rights of particular relevance might include:
- Minority rights

Religious groups

Substantive

Page 1, I. Stabilization stage:
4. The parties have already discussed within the peace talks a number of issues with major human rights dimensions:
4a. Internally displaced persons: ... They have stated that the needs of the displaced Muslim population will be duly accommodated in the resettlement process. ...

Indigenous people

No specific mention.

Other groups

No specific mention.

Refugees/displaced persons

Rhetorical

Page 1, I. Stabilization stage:
4. The parties have already discussed within the peace talks a number of issues with major human rights dimensions:
4a. Internally displaced persons: The parties have determined that an immediate priority is to accelerate the resettlement and rehabilitation of internally displaced persons. They have stated that the needs of the displaced Muslim population will be duly accommodated in the resettlement process. They have recognised the need to address ways and means to ensure the return of private property, and matters relating to the occupation and cultivation of lan. In discussions with UNHCR regarding refugee return they have noted that conditions conducive to return require physical, legal and material security, and addressing the specific protection and assistance needs of women, children and other vulnerable groups. The Guiding Principles on International Displacement provide a human rights framework for continuing to address the situation of IDPs, and continuing international advice and assistance is available through UNHRC, which can recommend modalities based on experience in other post-conflict countries for resolving land and property issues.

Page 3, Training
5. ... These should utilize the expertise of different organizations in particular areas: UNICEF in child rights, UNHCR in rights pertaining to IDPs, ICRC in international humanitarian law, etc.

Page 4, Human rights commitments and monitoring
8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
Rights of particular relevance might include:
- Rights of IDPs and refugees

Page 5, II. Transitional stage
13. To build towards such arrangements, the following preparatory steps could be taken:
- The parties could consider whether any additional ratification or lifting of reservations to international human rights treaties may be appropriate (Sri Lanka is not yet party to major treaties regarding refugees, landmines and the International Criminal Court.)

Social class

No specific mention.

Gender

Women, girls and gender

Page 1-2, I. Stabilization stage:
4. The parties have already discussed within the peace talks a number of issues with major human rights dimensions:
4a. Internally displaced persons ... In discussions with UNHCR regarding refugee return they have noted that conditions conducive to return require physical, legal and material security, and addressing the specific protection and assistance needs of women, children and other vulnerable groups.

Page 2, 4c. Women
Having acknowledged the need to ensure that the priorities and needs of women are taken into account in all aspects of the peace process, the parties have established the Sub-Committee on Gender Issues. The SGI at its first meeting proposed to formulate Gender Guidelines for the Sub-Committees and other mechanisms associated with the peace process. Sri Lanka is a party to the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol, and the rights of women should be fully reflected in the development of human rights commitments and activities.

Page 4, Human rights commitments and monitoring
8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
Rights of particular relevance might include:
- Women's rights

Men and boys

No specific mention.

LGBTI

No specific mention.

Family

Page 2, 4d. Children
... Inspired by the international norms protecting the rights of the child, the parties have underlined that children belong with their families and other custodians and not in the workplace, whether civilian or military.

Page 3, 4e. Missing and disappeared persons
... In accordance with the concerns of relatives, the parties may wish to identity other priority groups for special efforts requiring mutual cooperation, which the ICRC would be willing to assist.

State definition

State definition

Nature of state (general)

Page 4, Human rights commitments and monitoring
7. ... As regards collective rights, the parties have committed themselves to explore a solution "founded on the principle of international self-determination in areas of historical habitation of the Tamil-speaking peoples, based on a federal structure within a united Sri Lanka."

State configuration

Page 3, Training
5. ... Coordination is necessary in order that training programmes should be prioritized according to the wishes of the parties, and can reflect a degree of harmonization appropriate to an eventual federal structure within a united Sri Lanka.

Page 5, II. Transitional stage
12. The following matters regarding human rights will need to be addresssed as part of the new arrangment for a federal structure within a united Sri Lanka:
- Entrenchment of human rights standards in the constitution and federal and local law
- Legislative reform to ensure consistency with these standards

Self determination

Page 4, Human rights commitments and monitoring
7. ... As regards collective rights, the parties have committed themselves to explore a solution "founded on the principle of international self-determination in areas of historical habitation of the Tamil-speaking peoples, based on a federal structure within a united Sri Lanka."

Governance

Political institutions (new or reformed)

General references

Page 5, II. Transitional stage
12. The following matters regarding human rights will need to be addresssed as part of the new arrangment for a federal structure within a united Sri Lanka:
- Entrenchment of human rights standards in the constitution and federal and local law
- Legislative reform to ensure consistency with these standards
- Ensuring that institutions whcich will rromote and protest human rights have a clear place in the new arrangements and that their operation covers all levels of government
- Arrangements for policing which is accountable, representative, responsive to local needs and trained in human right standards
- A judiciary which is representative, trained iin human rights, and with guarantees of independence.

Constitution's affirmation/renewal

No specific mention.

Constitutional reform/making

Page 1, 2. ... New constitutional arrangements should fully reflect Sri Lanka's international commitments, and should provide firm foundations for institutions to protect human rights effectively in a federal structure within a united Sri Lanka. these commitments include collective rights and individual rights, and embrace economic, social and cultural rights as well as civil and political rights.

Page 4, Human rights commitments and monitoring
7. Such a preliminary agreement could not be comprehensive with regard to all the international obligations which could be reflected in an eventual constitution.

Elections

No specific mention.

Electoral commission

No specific mention.

Political parties reform

No specific mention.

Civil society

Page 1-2, I. Stabilization stage:
4. The parties have already discussed within the peace talks a number of issues with major human rights dimensions:
4a. Internally displaced persons ... In discussions with UNHCR regarding refugee return they have noted that conditions conducive to return require physical, legal and material security, and addressing the specific protection and assistance needs of women, children and other vulnerable groups. [...] The Guiding Principles on International Displacement provide a human rights framework for continuing to address the situation of IDPs, and continuing international advice and assistance is available through UNHRC, which can recommend modalities based on experience in other post-conflict countries for resolving land and property issues.

Page 2, 4d. Children
... It is engaged in a partnership with UNICEF to draw up an action plan for restoring normalcy to the lives of children of the north and east affected by war.

Page 3, 4e. Missing and disappeared persons
... In accordance with the concerns of relatives, the parties may wish to identity other priority groups for special efforts requiring mutual cooperation, which the ICRC would be willing to assist.

Page 3, Training
5. ... These should utilize the expertise of different organizations in particular areas: UNICEF in child rights, UNHCR in rights pertaining to IDPs, ICRC in international humanitarian law, etc.

Page 5, Human rights commitments and monitoring
10. To be regarded as effective, the mandate of any human rights monitoring mission should reflect criteria which have been relevant to the effectiveness of monitoring arrangements elsewhere. These should include authoritarian to:
- Receive communications from any individual, group of individuals or body, containing reports of human rights violations
- Visit any place or establishment freely and without prior motive
- Interview freely and privately any individual, group of individuals or member of bodies or institutions
- Collect by any means it deem appropriate such information as it considers relevant
- Make recommendations to the parties on the basis of any conclusions it has reached with respect to cases of situations.
In giving their support to effective monitoring, the parties should agree:
- To ensure the security of members of the mission and of such persons as may have provided it with information, testimony or evidence of any kind
- To give their earliest consideration to any recommendations made to them.

Page 5, Human rights commitments and monitoring
11. A human rights field mission should have the dual functions of training and monitoring. Its awareness of human rights problems on the ground and its contacts with local representatives of the parties and officials would enable it to define further training needs, and to work with others to deliver such training. Together with the parties, it should also plan and carry out an educational and informational campaign on human rights to which the parties and are committed by the agreement.

Page 5, II. Transitional stage
13. To build towards such arrangements, the following preparatory steps could be taken:
- The parties could encourage wider civil society, including diaspora, discussion of these issues, the study of best-practice examples from outer countries

Page 6, II. Transitional stage
13. To build towards such arrangements, the following preparatory steps could be taken:
- Human rights awareness should be an important element of public information campaigns by the parties and by civil society to support the peace process, and to ensure the level of public participation necessary to ensuring that the human rights abuses of the past are prevented in future.

Traditional/religious leaders

No specific mention.

Public administration

No specific mention.

Power sharing

Political power sharing

No specific mention.

Territorial power sharing

Federal or similar sub-divided government

Page 1, 2. ... New constitutional arrangements should fully reflect Sri Lanka's international commitments, and should provide firm foundations for institutions to protect human rights effectively in a federal structure within a united Sri Lanka. these commitments include collective rights and individual rights, and embrace economic, social and cultural rights as well as civil and political rights.

Economic power sharing

No specific mention.

Military power sharing

No specific mention.

Human rights and equality

Human rights/RoL

Page 1. At the fifth session of peace talks in Berlin 7-8 February 2003, the parties agreed to ask their international Human Rights adviser to draw up a road map for human rights issues relating to the peace process, for discussion in the sixth session of talks in Japan. It would include:
- substantive human rights activities and commitments to be implemented throughout the negotiation process
- effective mechanisms for the monitoring of human rights
- training of LTTE cadres and GOSL officials in human rights and international law

Page 1, 2. Parties have agreed that human rights will constitute an important element of a final declaration. Sri Lanka is a party to most international human rights and humanitarian law treaties. The LTTE has declared its acceptance of international human rights law. New constitutional arrangements should fully reflect Sri Lanka's international commitments, and should provide firm foundations for institutions to protect human rights effectively in a federal structure within a united Sri Lanka. these commitments include collective rights and individual rights, and embrace economic, social and cultural rights as well as civil and political rights.

Page 1, 3. ... A human rights roadmap should remain flexible and operate as a guideline for the parties and those supporting the process from outside to ensure progress on human rights activities and commitments along with other issues. It has been found in other peace processes that human rights measures can plan an important confidence-building role and contribute to the overall success of the process, so progress on human rights issues should not be limited by progress in other areas.

Page 1, I. Stabilization stage:
4. The parties have already discussed within the peace talks a number of issues with major human rights dimensions: [Summary] IDPs, prisoners, women, children, missing and disappeared persons.

Page 3, Training
5. ... These should utilize the expertise of different organizations in particular areas: UNICEF in child rights, UNHCR in rights pertaining to IDPs, ICRC in international humanitarian law, etc.

Page 3-4, Human rights commitments and monitoring
6. The human rights commitments which have already been made and are in the process of implementation are significant ones. A degree of human rights monitoring is already in effect through the general mandate of the Human Rights Commission of Sri Lanka and the work of its regional offices, and through the SLMM. Which the SLMM is primarily a ceasefire monitoring mission, its responsibility in the districts it covers includes human rights issues, primarily through article 2.1 of the Ceasefire Agreement, which provides that: "The parties shall in accordance with international law abstain from hostile acts against the civilian population, including such acts as torture, intimidation, abduction, extortion and harassment." However it is expected that the process of negotiations will be a long one, before ultimate human rights commitments and their implementation will form part of a agreed constitutional arrangements. The parties have therefore been willing to consider the proposal that commitments in the stabilization stage might be consolidated and extended in as preliminary human rights agreements. Such an agreement, which could form the basis for effective monitoring, has precedent in other peace processes where it has been judged to contribute to positive outcomes.

Page 5, II. Transitional stage
12. The following matters regarding human rights will need to be addressed as part of the new arrangement for a federal structure within a united Sri Lanka:
- Entrenchment of human rights standards in the constitution and federal and local law
... - Ensuring that institutions which will promote and protest human rights have a clear place in the new arrangements and that their operation covers all levels of government


Page 6, II. Transitional stage
13. To build towards such arrangements, the following preparatory steps could be taken:
- Human rights education should be incorporated in the curriculum of schools
- Human rights awareness should be an important element of public information campaigns by the parties and by civil society to support the peace process, and to ensure the level of public participation necessary to ensuring that the human rights abuses of the past are prevented in future.

Equality

No specific mention.

Democracy

No specific mention.

Protection measures

Protection of groups

Page 1, I. Stabilization stage:
4. The parties have already discussed within the peace talks a number of issues with major human rights dimensions:
4a. Internally displaced persons: The parties have determined that an immediate priority is to accelerate the resettlement and rehabilitation of internally displaced persons. They have stated that the needs of the displaced Muslim population will be duly accommodated in the resettlement process. They have recognised the need to address ways and means to ensure the return of private property, and matters relating to the occupation and cultivation of lan. In discussions with UNHCR regarding refugee return they have noted that conditions conducive to return require physical, legal and material security, and addressing the specific protection and assistance needs of women, children and other vulnerable groups. The Guiding Principles on International Displacement provide a human rights framework for continuing to address the situation of IDPs, and continuing international advice and assistance is available through UNHRC, which can recommend modalities based on experience in other post-conflict countries for resolving land and property issues.

Page 1-2, I. Stabilization stage:
4. The parties have already discussed within the peace talks a number of issues with major human rights dimensions:
4a. Internally displaced persons ... In discussions with UNHCR regarding refugee return they have noted that conditions conducive to return require physical, legal and material security, and addressing the specific protection and assistance needs of women, children and other vulnerable groups.

Page 2, 4d. Children
The parties have stressed the need to improve the situation for children affected by the armed conflict. Sri Lanka is a party to the Convention on the Rights of the Child. Inspired by the international norms protecting the rights of the child, the parties have underlined that children belong with their families and other custodians and not in the workplace, whether civilian or military. The LTTE has issued written instructions to ensure no under age recruitment takes place and has reiterated its commitment to redress the problem of part under age recruitment. It is engaged in a partnership with UNICEF to draw up an action plan for restoring normalcy to the lives of children of the north and east affected by war.

Protection of rights and legal frameworks

Page 1, 2. ... New constitutional arrangements should fully reflect Sri Lanka's international commitments, and should provide firm foundations for institutions to protect human rights effectively in a federal structure within a united Sri Lanka. these commitments include collective rights and individual rights, and embrace economic, social and cultural rights as well as civil and political rights.

Other

Page 5, Human rights commitments and monitoring
10. To be regarded as effective, the mandate of any human rights monitoring mission should reflect criteria which have been relevant to the effectiveness of monitoring arrangements elsewhere. ...
In giving their support to effective monitoring, the parties should agree:
- To ensure the security of members of the mission and of such persons as may have provided it with information, testimony or evidence of any kind.

Human rights framework

Isolated rights

Page 1-2, I. Stabilization stage:
4. The parties have already discussed within the peace talks a number of issues with major human rights dimensions:
4a. Internally displaced persons ... The Guiding Principles on International Displacement provide a human rights framework for continuing to address the situation of IDPs, and continuing international advice and assistance is available through UNHRC, which can recommend modalities based on experience in other post-conflict countries for resolving land and property issues.

Bill of rights

Page 4, Human rights commitments and monitoring
8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
- Freedom from discrimination
- the right to life
- Freedom from torture, forced disappearance and abductions
- The right to liberty
- The right to fair trail
- The right to effective remedy
- Freedom of movement, freedom to choose a residence, and the right of return
- Freedom of though, conscience and religion
- Freedom of expression, association and peaceful assembly
Rights of particular relevance might include:
- Children's rights
- Women's rights
- Rights of IDPs and refugees
- Minority rights
- Landmines
- Rights of disabled persons

Treaty incorporation

Page 2, 4b. Prisoners,
... Past emergency regulations and the PTA have been criticized by the Human Rights Committee established under the International Covenant on Civil and Political Rights, to which Sri Lanka is party. ... The GOSL might wish to establish a process of review existing legislation with a view to its repeal and replacement by anti-terrorism provisions which conform fully to Sri Lanka's international obligations, and the parties might consider further how the cases of all remaining prisoners should be reviewed in accordance with such standards.

Page 2, 4c. Women
... Sri Lanka is a party to the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol, and the rights of women should be fully reflected in the development of human rights commitments and activities, including training.

Page 4, Human rights commitments and monitoring
7. ... As a party to the International Covenant on Economic, Social and Cultural Rights, Sri Lanka is committed to take steps, to the maximum if its available resources, and with international assistance and cooperation, to achieve progressively these rights. These rights should be reflected in all relevant sectors of the needs to be presented to the June donors' conference.

Page 5, II. Transitional stage
13. To build towards such arrangements, the following preparatory steps could be taken:
- The parties could consider whether any additional ratification or lifting of reservations to international human rights treaties may be appropriate (Sri Lanka is not yet party to major treaties regarding refugees, landmines and the International Criminal Court.)

Page 6, II. Transitional stage
13. To build towards such arrangements, the following preparatory steps could be taken:
... - Existing legislation which is not fully in conformity with Sri Lanka's international human rights commitments should be reviewed and ameded

Civil and political rights

Life

Page 4, Human rights commitments and monitoring
8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
- the right to life

Torture

Page 3-4, Human rights commitments and monitoring
6. ... its responsibility in the districts it covers includes human rights issues, primarily through article 2.1 of the Ceasefire Agreement, which provides that: "The parties shall in accordance with international law abstain from hostile acts against the civilian population, including such acts as torture, intimidation, abduction, extortion and harassment."

Page 4, Human rights commitments and monitoring
8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
- Freedom from torture, forced disappearance and abductions

Liberty and security of person

Page 4, Human rights commitments and monitoring
8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
- Freedom from discrimination

Freedom of movement

Page 4, Human rights commitments and monitoring
8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
- Freedom of movement, freedom to choose a residence, and the right of return

Freedom of association

Page 4, Human rights commitments and monitoring
8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
- Freedom of expression, association and peaceful assembly

Fair trial

Page 4, Human rights commitments and monitoring
8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
- The right to fair trail

Thought, opinion, conscience and religion

Page 4, Human rights commitments and monitoring
8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
- Freedom of though, conscience and religion
- Freedom of expression, association and peaceful assembly

Other

Page 1, 2. ... New constitutional arrangements should fully reflect Sri Lanka's international commitments, and should provide firm foundations for institutions to protect human rights effectively in a federal structure within a united Sri Lanka. these commitments include collective rights and individual rights, and embrace economic, social and cultural rights as well as civil and political rights.

Page 2, 4d. Children
... Inspired by the international norms protecting the rights of the child, the parties have underlined that children belong with their families and other custodians and not in the workplace, whether civilian or military.

Page 3-4, Human rights commitments and monitoring
6. ... its responsibility in the districts it covers includes human rights issues, primarily through article 2.1 of the Ceasefire Agreement, which provides that: "The parties shall in accordance with international law abstain from hostile acts against the civilian population, including such acts as torture, intimidation, abduction, extortion and harassment."

Page 4, Human rights commitments and monitoring
7. ... As regards collective rights, the parties have committed themselves to explore a solution "founded on the principle of international self-determination in areas of historical habitation of the Tamil-speaking peoples, based on a federal structure within a united Sri Lanka."

Page 4, Human rights commitments and monitoring
8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
- The right to liberty
... - The right to effective remedy
... - ... and the right of return

Socio-economic rights

Work

Page 4, Human rights commitments and monitoring
7. ... The parties should also express their commitment to promote economic, social and cultural rights, including the right to work, the right to an adequate standard of living including adequate food, clothing and housing, the right to health, the right to education, and the right to take part in cultural life.

Health

Page 4, Human rights commitments and monitoring
7. ... The parties should also express their commitment to promote economic, social and cultural rights, including the right to work, the right to an adequate standard of living including adequate food, clothing and housing, the right to health, the right to education, and the right to take part in cultural life.

Education

Page 4, Human rights commitments and monitoring
7. ... The parties should also express their commitment to promote economic, social and cultural rights, including the right to work, the right to an adequate standard of living including adequate food, clothing and housing, the right to health, the right to education, and the right to take part in cultural life.

Adequate standard of living

Page 4, Human rights commitments and monitoring
7. ... The parties should also express their commitment to promote economic, social and cultural rights, including the right to work, the right to an adequate standard of living including adequate food, clothing and housing, the right to health, the right to education, and the right to take part in cultural life.

Shelter/housing

Page 4, Human rights commitments and monitoring
7. ... The parties should also express their commitment to promote economic, social and cultural rights, including the right to work, the right to an adequate standard of living including adequate food, clothing and housing, the right to health, the right to education, and the right to take part in cultural life.

Page 4, Human rights commitments and monitoring
8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
- Freedom of movement, freedom to choose a residence, and the right of return

Cultural life

Page 1, 2. ... New constitutional arrangements should fully reflect Sri Lanka's international commitments, and should provide firm foundations for institutions to protect human rights effectively in a federal structure within a united Sri Lanka. these commitments include collective rights and individual rights, and embrace economic, social and cultural rights as well as civil and political rights.

Page 4, Human rights commitments and monitoring
7. ... The parties should also express their commitment to promote economic, social and cultural rights, including the right to work, the right to an adequate standard of living including adequate food, clothing and housing, the right to health, the right to education, and the right to take part in cultural life.

Other

Page 1, 2. ... New constitutional arrangements should fully reflect Sri Lanka's international commitments, and should provide firm foundations for institutions to protect human rights effectively in a federal structure within a united Sri Lanka. these commitments include collective rights and individual rights, and embrace economic, social and cultural rights as well as civil and political rights.

Page 4, Human rights commitments and monitoring
7. ... The parties should also express their commitment to promote economic, social and cultural rights, including the right to work, the right to an adequate standard of living including adequate food, clothing and housing, the right to health, the right to education, and the right to take part in cultural life.

NHRI

Mentions of NHRI

Page 3, Training
5. ... The Human Rights Commission of Sri Lanka is mandated to promote awareness of, and provide education in relation to, human rights.

Page 3-4, Human rights commitments and monitoring
6. The human rights commitments which have already been made and are in the process of implementation are significant ones. A degree of human rights monitoring is already in effect through the general mandate of the Human Rights Commission of Sri Lanka and the work of its regional offices, and through the SLMM. Which the SLMM is primarily a ceasefire monitoring mission,

Page 4, Human rights commitments and monitoring
9. The parties have recognized the need for effective monitoring. This is desirable throughout Sri Lanka. In the post-transitional stage, monitoring should be undertaken be effective domestic institutions. Amendments to the mandate of the Human Rights Commission of Sri Lanka are being considered to enhance its effectiveness, and technical cooperation can assist in the development of its capacity, initially in the south. However in the context of the peace process, effectiveness requires special arrangements in both government-dominated and LTTE-dominated areas in the north and east, with international involvement. It is for the parties to consider the nature of international involvement they may wish to invite.

Page 5, Human rights commitments and monitoring
10. To be regarded as effective, the mandate of any human rights monitoring mission should reflect criteria which have been relevant to the effectiveness of monitoring arrangements elsewhere. These should include authoritarian to:
- Recieve communications from any individual, group of individuals or body, containing reports of human rights violations
- Visit any place or establishment freely and without prior notive
- Interview freely and privately any individual, group of individuals or member of bodies or institutions
- Collect by any means it deem appropriate such information as it considers relevant
- Make recommendations to the parties on the basis of any conclusions it has reached with respect to cases of situations.
In giving their support to effective monitoring, the parties should agree:
- To ensure the security of members of the mission and of such persons as may have provided it with information, testimony or evidence of any kind
- To give their earliest consideration to any recommendations made to them.

Regional or international human rights institutions

No specific mention.

Mobility/access

Page 5, Human rights commitments and monitoring
10. To be regarded as effective, the mandate of any human rights monitoring mission should reflect criteria which have been relevant to the effectiveness of monitoring arrangements elsewhere. These should include authoritarian to:
- Visit any place or establishment freely and without prior motive

Detention procedures

No specific mention.

Media and communication

Other

Page 5, Human rights commitments and monitoring
10. To be regarded as effective, the mandate of any human rights monitoring mission should reflect criteria which have been relevant to the effectiveness of monitoring arrangements elsewhere. These should include authoritarian to:
- Recieve communications from any individual, group of individuals or body, containing reports of human rights violations
- Interview freely and privately any individual, group of individuals or member of bodies or institutions
- Collect by any means it deem appropriate such information as it considers relevant
- Make recommendations to the parties on the basis of any conclusions it has reached with respect to cases of situations.

Page 5, Human rights commitments and monitoring
11. A human rights field mission should have the dual functions of training and monitoring. Its awareness of human rights problems on the ground and its contacts with local representatives of the parties and officials would enable it to define further training needs, and to work with others to deliver such training. Together with the parties, it should also plan and carry out an educational and informational campaign on human rights to which the parties and are committed by the agreement.

Citizenship

No specific mention.

Justice sector reform

Criminal justice and emergency law

Reform to specific laws

Page 2, 4b. Prisoners,
... The GOSL might wish to establish a process of review existing legislation with a view to its repeal and replacement by anti-terrorism provisions which conform fully to Sri Lanka's international obligations, and the parties might consider further how the cases of all remaining prisoners should be reviewed in accordance with such standards.

Page 6, II. Transitional stage
13. To build towards such arrangements, the following preparatory steps could be taken:
... - Existing legislation which is not fully in conformity with Sri Lanka's international human rights commitments should be reviewed and amended

State of emergency provisions

No specific mention.

Judiciary and courts

Page 5, II. Transitional stage
12. The following matters regarding human rights will need to be addressed as part of the new arrangement for a federal structure within a united Sri Lanka:
- A judiciary which is representative, trained iin human rights, and with guarantees of independence.

Page 6, II. Transitional stage
13. To build towards such arrangements, the following preparatory steps could be taken:
- Training programmes for officials, courts, police and prisons could be further designed and developed as the negotiations on new arrangements proceed

Prisons and detention

Page 1. At the fifth session of peace talks in Berlin 7-8 February 2003, the parties agreed to ask their international Human Rights adviser to draw up a road map for human rights issues relating to the peace process, for discussion in the sixth session of talks in Japan. It would include:
- training of police and prison officers

Page 2, 4b. Prisoners,
The status of Tamil prisoners held under the Prevention of Terrorism Act has been discussed. In the Ceasefire Agreement the parties agreed that search operations and arrests under the PTA shall not take place and that arrests shall be conducted under due process of law in accordance with the Criminal Procedure Code. Many but not all of those held under the PTA have been released. Past emergency regulations and the PTA have been criticized by the Human Rights Committee established under the International Covenant on Civil and Political Rights, to which Sri Lanka is party. The GOSL might wish to establish a process of review existing legislation with a view to its repeal and replacement by anti-terrorism provisions which conform fully to Sri Lanka's international obligations, and the parties might consider further how the cases of all remaining prisoners should be reviewed in accordance with such standards.

Page 3, Training
5. The parties have indicated a wish to consider training for LTTE cadres and GOSL officials, and for police and prison officials. ... In the context of the peace process special efforts should be made in the north and east, focussing as agreed on LTTE cadres and GOSL officials, and on police and prison officials.

Page 6, II. Transitional stage
13. To build towards such arrangements, the following preparatory steps could be taken:
- Training programmes for officials, courts, police and prisons could be further designed and developed as the negotiations on new arrangements proceed

Traditional Laws

No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction

No specific mention.

National economic plan

No specific mention.

Natural resources

No specific mention.

International funds

Page 3, Training
5. ... The parties might invite the UN Resident Coordinator to undertake such coordination, and necessary resource mobilization, through the Human Rights Adviser to the UN Country Team, who has access to the experience and resources of the Office of the High Commissioner for Human Rights. An Immediate training needs assessment should be carried out in conjunction with both the GOSL and LTTE. If it is agreed to establish a human rights mission on the ground its functions should include training as well as monitoring.

Page 4, Human rights commitments and monitoring
7. ... As a party to the International Covenant on Economic, Social and Cultural Rights, Sri Lanka is committed to take steps, to the maximum if its available resources, and with international assistance and cooperation, to achieve progressively these rights. These rights should be reflected in all relevant sectors of the needs to be presented to the June donors' conference.

Business

No specific mention.

Taxation

No specific mention.

Banks

No specific mention.

Land, property and environment

Land reform/rights

Property return and restitution

Page 1, I. Stabilization stage:
4. The parties have already discussed within the peace talks a number of issues with major human rights dimensions:
4a. Internally displaced persons: ... They have recognised the need to address ways and means to ensure the return of private property, and matters relating to the occupation and cultivation of land. [...] The Guiding Principles on International Displacement provide a human rights framework for continuing to address the situation of IDPs, and continuing international advice and assistance is available through UNHRC, which can recommend modalities based on experience in other post-conflict countries for resolving land and property issues.

Pastoralist/nomadism rights

No specific mention.

Cultural heritage

Intangible

Page 6, II. Transitional stage
13. To build towards such arrangements, the following preparatory steps could be taken:
... - Efforts for the full implementation of language parity should be intensified

Environment

No specific mention.

Water or riparian rights or access

No specific mention.

Security sector

Security Guarantees

Page 1-2, I. Stabilization stage:
4. The parties have already discussed within the peace talks a number of issues with major human rights dimensions:
4a. Internally displaced persons ... In discussions with UNHCR regarding refugee return they have noted that conditions conducive to return require physical, legal and material security, and addressing the specific protection and assistance needs of women, children and other vulnerable groups.

Page 4, Human rights commitments and monitoring
8. A preliminary agreement might address core rights which would enabel basic human rights and humanitarian law standards to be monitored in practice, together with rights of particular relevance to the peace process. Core rights might include:
Rights of particular relevance might include:
- Landmines

Page 5, Human rights commitments and monitoring
10. To be regarded as effective, the mandate of any human rights monitoring mission should reflect criteria which have been relevant to the effectiveness of monitoring arrangements elsewhere. ...
In giving their support to effective monitoring, the parties should agree:
- To ensure the security of members of the mission and of such persons as may have provided it with information, testimony or evidence of any kind

Page 5, II. Transitional stage
13. To build towards such arrangements, the following preparatory steps could be taken:
- The parties could consider whether any additional ratification or lifting of reservations to international human rights treaties may be appropriate (Sri Lanka is not yet party to major treaties regarding refugees, landmines and the International Criminal Court.)

Ceasefire

Ceasefire provision

Page 2, 4b. Prisoners,
... In the Ceasefire Agreement the parties agreed that search operations and arrests under the PTA shall not take place and that arrests shall be conducted under due process of law in accordance with the Criminal Procedure Code. Many but not all of those held under the PTA have been released.

Page 3-4, Human rights commitments and monitoring
6. The human rights commitments which have already been made and are in the process of implementation are significant ones. A degree of human rights monitoring is already in effect through the general mandate of the Human Rights Commission of Sri Lanka and the work of its regional offices, and through the SLMM. Which the SLMM is primarily a ceasefire monitoring mission, its responsibility in the districts it covers includes human rights issues, primarily through article 2.1 of the Ceasefire Agreement, which provides that: "The parties shall in accordance with international law abstain from hostile acts against the civilian population, including such acts as torture, intimidation, abduction, extortion and harassment."

Police

Page 1. At the fifth session of peace talks in Berlin 7-8 February 2003, the parties agreed to ask their international Human Rights adviser to draw up a road map for human rights issues relating to the peace process, for discussion in the sixth session of talks in Japan. It would include:
- training of police and prison officers

Page 3, Training
5. The parties have indicated a wish to consider training for LTTE cadres and GOSL officials, and for police and prison officials. ... In the context of the peace process special efforts should be made in the north and east, focussing as agreed on LTTE cadres and GOSL officials, and on police and prison officials.

Page 5, II. Transitional stage
12. The following matters regarding human rights will need to be addressed as part of the new arrangement for a federal structure within a united Sri Lanka:
- Arrangements for policing which is accountable, representative, responsive to local needs and trained in human right standards

Page 6, II. Transitional stage
13. To build towards such arrangements, the following preparatory steps could be taken:
- Training programmes for officials, courts, police and prisons could be further designed and developed as the negotiations on new arrangements proceed

Armed forces

No specific mention.

DDR

No specific mention.

Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces

Page 1, 2. ... The LTTE has declared its acceptance of international human rights law....

Page 2, 4d. Children
... The LTTE has issued written instructions to ensure no under age recruitment takes place and has reiterated its commitment to redress the problem of part under age recruitment. It is engaged in a partnership with UNICEF to draw up an action plan for restoring normalcy to the lives of children of the north and east affected by war.

Page 3, Training
5. The parties have indicated a wish to consider training for LTTE cadres and GOSL officials, and for police and prison officials. ... In the context of the peace process special efforts should be made in the north and east, focussing as agreed on LTTE cadres and GOSL officials, and on police and prison officials.

Page 3, Training
5. ... The parties might invite the UN Resident Coordinator to undertake such coordination, and necessary resource mobilization, through the Human Rights Adviser to the UN Country Team, who has access to the experience and resources of the Office of the High Commissioner for Human Rights. An Immediate training needs assessment should be carried out in conjunction with both the GOSL and LTTE. If it is agreed to establish a human rights mission on the ground its functions should include training as well as monitoring.

Withdrawal of foreign forces

No specific mention.

Corruption

No specific mention.

Crime/organised crime

No specific mention.

Drugs

No specific mention.

Terrorism

Page 2, 4b. Prisoners,
The status of Tamil prisoners held under the Prevention of Terrorism Act has been discussed.

Page 2, 4b. Prisoners,
... Past emergency regulations and the PTA have been criticized by the Human Rights Committee established under the International Covenant on Civil and Political Rights, to which Sri Lanka is party. ... The GOSL might wish to establish a process of review existing legislation with a view to its repeal and replacement by anti-terrorism provisions which conform fully to Sri Lanka's international obligations, and the parties might consider further how the cases of all remaining prisoners should be reviewed in accordance with such standards.

Transitional justice

Transitional justice general

Page 6, II. Transitional stage
13. To build towards such arrangements, the following preparatory steps could be taken:
- Human rights awareness should be an important element of public information campaigns by the parties and by civil society to support the peace process, and to ensure the level of public participation necessary to ensuring that the human rights abuses of the past are prevented in future.

Page 6, II. Transitional stage
14. Measures responsive to the concerns and needs of the relatives of those missing or involuntary disappeared, and of victims of torture and other part human rights violations, should continue to be developed. The question of how issues of acknowledgement and accountability are going to be addressed will need to be considered before entering the post-transitional stage.

Amnesty/pardon

No specific mention.

Courts

International courts

Page 5, II. Transitional stage
13. To build towards such arrangements, the following preparatory steps could be taken:
- The parties could consider whether any additional ratification or lifting of reservations to international human rights treaties may be appropriate (Sri Lanka is not yet party to major treaties regarding refugees, landmines and the International Criminal Court.)

Mechanism

No specific mention.

Prisoner release

No specific mention.

Vetting

No specific mention.

Victims

No specific mention.

Missing persons

Page 3, 4e. Missing and disappeared persons
The Human Rights Commission of Sri Lanka has appointed a Committee to inquire into disappearances and removal of persons from their residences in the Jaffna District during the period of 1996-1998 and during the year 1990.

Page 6, II. Transitional stage
14. Measures responsive to the concerns and needs of the relatives of those missing or involuntary disappeared, and of victims of torture and other part human rights violations, should continue to be developed. The question of how issues of acknowledgement and accountability are going to be addressed will need to be considered before entering the post-transitional stage.

Reparations

No specific mention.

Reconciliation

Page 3, Training
5. ... The Human Rights Commission of Sri Lanka is mandated to promote awareness of, and provide education in relation to, human rights. Such efforts should be intensified throughout Sri Lanka, in order to contribute to reconciliation and respect for the rights of local minorities.

Implementation

UN signatory

No specific mention.

Other international signatory

No specific mention.

Referendum for agreement

No specific mention.

International mission/force/similar

Page 4, Human rights commitments and monitoring
9. The parties have recognized the need for effective monitoring. This is desirable throughout Sri Lanka. In the post-transitional stage, monitoring should be undertaken be effective domestic institutions. Amendments to the mandate of the Human Rights Commission of Sri Lanka are being considered to enhance its effectiveness, and technical cooperation can assist in the development of its capacity, initially in the south. However in the context of the peace process, effectiveness requires special arrangements in both government-dominated and LTTE-dominated areas in the north and east, with international involvement. It is for the parties to consider the nature of international involvement they may wish to invite.

Enforcement mechanism

Page 1, 3. The parties ahve recognised that the process will be a long and demanding one, and have stated that throughout the process they will continuously monitor the ground situation, thus enabling necessary action to be taken at all stages to ensure further progress.