A/HRC/34/53/Add.3
displacement and rehabilitation, are often understood as predominantly Tamil issues, the
plight of the Muslim minority, which also faced tremendous and distinct challenges, has
often been neglected. There are also significant numbers of Indian Tamils who were
uprooted by ethnic riots in the plantation areas and displaced, mostly to the East, and who
also found themselves caught in the crossfire during the conflict. In the view of the Special
Rapporteur, any attempt to deal with these post-war issues simply in terms of a “Tamil
solution” would therefore be short-sighted.
35.
Even seven years after the end of the war, an overwhelming proportion of the Sri
Lankan military is still based in the North and East. The continued presence of the military
in these parts of the country is a subject of some controversy. The Special Rapporteur was
informed about several projects by the army that aim to improve the social and economic
situation of the northern communities, including construction of houses for the displaced as
well as income-generation activities in civilian service work.
36.
The army maintains that a significant scaling down of its presence has already taken
place and will continue. According to the army, 21,134 acres of land have been released to
date and 6,124 acres are left to be returned. The figures are contested. In the meantime, the
army maintains that its continued presence is required for the reconstruction of these
regions, given that there is no civilian entity with the required capacity. The Chief
Commander in Jaffna stated that the transfer of power to the police should take place within
two to three years. Indeed, people reported that under the new Government, the army has
become less visible in public places; however, it was clear that the military presence is still
seen as having a negative effect in many spheres of life.
37.
Land and livelihood featured prominently in the discussions. Much of the land
belonging to civilians that was confiscated during the conflict by the military to establish
high security zones continues to be occupied by the military. This includes residential areas,
farmland and fishing areas, many of which are of critical importance to the livelihoods of
the population, which is made up predominantly of farmers and fishermen. Many also
expressed concern about the commercial activities undertaken by the military, with which
the local population is unable reasonably to compete, threatening their livelihoods further.
38.
For the minorities in the war-affected areas, the rehabilitation process must include
demilitarization. More than just land and livelihood are at issue: the continued presence of
the army also has symbolic value, with the army’s ethnic make-up being almost entirely
Sinhalese and its disproportionately heavy presence in the Northern Province, the military
is seen as an occupying force that is believed to be continuing to stigmatize Tamils as
militants. Furthermore, the prevailing climate of impunity for the crimes and violations
committed during the war, which has yet to be addressed, has clearly had a deep social and
psychological impact on the minority populations. It must be recognized that the presence
of the military — no matter how well-intentioned — has an adverse impact in a region
where that presence is not at the request of the people living in the area but is contrary to
the wishes of the local population.4
39.
In the meetings with minority representatives in the North and East, the Special
Rapporteur was struck by the frequency with which they referred to the “Sinhalization” of
their regions, with significant degrees of animosity and distrust. Many alleged systematic,
government-sponsored movements of Sinhalese settlers to the Tamil-speaking areas that are
intended to change the demographics of the region, to the political disadvantage of the
minorities. They spoke of the military-assisted construction of Buddhist statues and temples
4
Nimmi Gowrinathan and Kate Cronin-Furman, The Forever Victims? Tamil Women in Post-War Sri
Lanka, White Paper, Colin Powell School for Civic and Global Leadership, The City College of New
York, 25 August 2015, sect. 2.
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