Memorandum to
the Government, the LTTE, and the Norwegian Facilitators
From Women's Organizations of Sri Lanka
We, the representatives of women's
organizations in Sri Lanka came together in Colombo, Sri Lanka on 7 June 2002
to make recommendations regarding women, conflict, and the peace process. In
our deliberations we came to the following conclusions:
- As Sri Lankan women, we accept
the common destiny of all the people living in the island of Sri Lanka and
recognize the multi-ethnic, multi-religious and multilingual nature of our
society. Women and women's organizations in Sri Lanka have been working steadily
and consistently for peace during the last two decades. We therefore welcome
the Ceasefire AGreement between the government and the LTTE and the opportunity
it provides for a lasting peace based on a just and honourable settlement.
We fully support all efoorts at peacemaking nad peace building and urge the
parties in the peace process to be includisve and fully involve all levels
of society in the peace process.
- As women concerned about the
peace process, we are determined to ensure that:
(a) Women are included in all aspects of the peace process
(b) Women's issues and concerns for an integral part of the peacea genda
(c) Human rights are fully protected at every stage of the peace process
- We welcome the United Nations
Security Council resolution 1325 which reiterates the importance of brining
a women's perspective to bear on al aspects of peace making, peace building,
rehabilityation and reconstruction. We urge the Sri Lankan Government, the
LTTE, and all those involved in peace building, rehabilitation and reconstruction
initiatives to fully implement this resolution.
- We recognize that women in particular
have been victimized by war and conflict in Sri Lanka, that they have been
subjec tot he worst forms of violence, been displaced and made into refugees,
compelled to live as war widows, and forced into prstitution and sexual slavery.
Women have watched their family members disappear and their children conscripted
into the fighting forces. They have suffered physical disabilities and psychosocial
trauma because of the war. Therefore, women's realitities and women's voices
must be an essential part of the peace process in Sri Lanka.
- We are concerned that as of date
women are not part of the formal peace process. We insist that women be given
equal participation and full involvement in all efforts of peace negotiations
between the government and LTTE. Women must be an integral and essential part
of the discussions leading up to the formal negotiations, in the monitoring
of the ceasefire and other interim arrangements, in the formal negotiations
between the government and the LTTE, and in the post-conflict arrangements.
- The full participation of women
in decision-making in all phases of the reconstruction, rehabilitation and
transformation process is absolutely essential. We strongly urge the Government,
the LTTE, and Humanitarian Agencies to fully include women in the economic
recovery that results from the peace process.
- Women have distinct priorities
and specific needs regarding the role of the state and the constitution. Women
should be included in all constitutional deliberations and the views and the
preferences of Sri Lankan women should be actively solicited and taken into
account in the formulation.
- We call on the Government and
the LTTE to address the substantive issues and formulate specialized programs
for areas that are of particular concern to women, including:
Violence and Sexual Violence
Against Women
Refugees and Internally Displaced Women
Protection of the Rights of Women During Resettlement
Property Rights and Repossession of Homes, Land, and Title
Women in Custody
War Widows
Families of Detainees
Families of the Disappeared
Families of Soldiers, Combatants, and those Missing in Action
Women Combatants and Women in the Armed Forces
Provision of Food, Housing, Clean Water, Healthcare, Education, and Basic
Services
Trauma and Counseling
Economic and Social Rights of Women
Trafficking of Women
Forced Prostitution
- We call upon all parties to
the armed conflict to fully represent international law applicable to the
rights and protection of women and of children, especially as civilians, in
particular the obligations applicable to them under the Geneva Conventions
of 1949 and Additional Protocols thereto of 1977, the Refugee Convention of
1951 and the Protocol thereto of 1967, CEDAW and the Optional Protocol of
1999 and the UN Convention on the Rights of Child 1989 and the Protocol thereto
of 25 May 2000 and to bear in mind the relevant provisions of the Rome Statute
of the International Criminal Court. The Parties should also respect the provisions
of the International Covenant on Civil and Political Rights, and the Sri Lankan
Womens Charter.
- All efforts toward peace must
take place within the norms and standards of human rights and humanitarian
law. International norms of human rights law must not be compromised in the
negotiation and implementation of peace agreements and the interests of the
civilian population must received the greatest attention. The Government and
the LTTE must agree to address the following human rights concerns through
a Human Rights Agreement:
Extrajudicial Killings
The Government and the LTTE shall refrain from extrajudicial killings including
murder, summary executions, political assassinations, and causing disappearances.
Arrests and Detentions
No person shall be arrested or detained except according to a law that meets
international standards. Those arbitrarily detained under the Prevention of
Terrorism Act should be released as soon as possible, and the Act should be
repealed.
Rape and Torture
No person shall be tortured or raped, and parties should agree to a full investigation
of the allegations of rape or torture.
Free Movements of Goods and People
The Government and the LTTE shall allow people to return to their homes with
minimal intrusions on their movement, and maximum protection of their security.
The Government and LTTE should ensure the free movement of people and the
free movement of goods to all parts of the island.
Extortion
No one should be subject to extortion of illegal levies. All taxes shall be
open, transparent, and imposed only pursuant to legitimate authority conferred
by a representative body that is recognized by both parties to the conflict.
Child Conscription
The Government and the LTTE shall agree not to conscript children into their
fighting forces. Children in the fighting forces shall be released forthwith.
Abduction and Kidnapping
The Government and the LTTE shall ensure that there is an end to abduction
and kidnapping.
Womens Rights
The Government and the LTTE shall recognize womens rights as human rights
and monitors all those under their command for any abuses against women. Both
parties should ensure conditions that are conducive to the full enjoyment
of the rights of women.
Political Freedom
The Government and the LTTE shall respect the freedom of speech, freedom of
association, freedom of assembly, freedom of the press, the right to vote
free from intimidation and violence, and inclusiveness in political representation.
All parties shall agree to respect the right to political dissent and refrain
from political violence.
Economic and Social Rights
The Government and LTTE should recognize economic and social rights as human
rights, and ensure that all individuals can enjoy basic levels of food, housing,
clean water, education, and healthcare. The economic and social rights of
women should be protected. They should fully participate in the labor force
and have access to all the economic opportunities provided by the peace process.
Monitoring and Enforcement
Women should be represented in the monitoring committees, and all members
of the monitoring committees should be trained to respond effectively to the
complaints brought by women.
The monitoring committees should be given full powers to enforce the ceasefire
agreement so that they can act quickly and effectively.
Monitoring committees should be accessible to civilians and the present Sri
Lankan monitoring committees should be restructured to include independent
monitors.
- We call on all those who are
involved in the peace process to ensure that the rights of local communities
and ethnic groups and the rights of women within these communities are protected.
The participation of the Muslim community in the peace process must be ensured
to guarantee that all sections of society are duly represented. The value
of diversity and the special needs of different communities including those
living in the border areas, the plantation community, and other ethnic and
cultural minorities must be reflected in a final constitutional settlement.
We call upon the Government and the LTTE to respect the autonomy and independence
of the media and civil society institutions which include women's organizations.
These organizations should be allowed to function freely in all parts of the
island.
- We urge the Government, the LTTE,
and the Norwegian facilitators to consider the creation of institutions such
as Truth and Reconciliation Commissions to record and acknowledge the history
of suffering of all communities due to conflict and to deal with issues of
accountability and justice.
- As women, we are deeply concerned
about the militarization of society due to armed conflict. The high levels
of domestic violence, rape, and sexual harassment are directly linked to a
climate of impunity encouraged by the war. Peace efforts should directly address
this problem and special measures should be taken to counteract militarization
and its negative effects.
Women and the
Peace Process in Sri Lanka: Proposed Plan of Action
Proposed follow-up to the meeting
of women and womens organizations initiated by the International Centre
for Ethnic Studies, the Women and Media Collective and the Social Scientists
Association on 7 June 2002.
- The Memorandum to the President,
Prime Minister, a representative of the LTTEs Political Wing in Vavuniya
and the Norwegian High Commissioner will be finalized and translated in the
week following the meeting.
- Appointments will be sought from
the relevant parties of the 20th or 21st of June and arrangements made to
inform women and womens organizations who wish to be part of the delegations.
- Delegations to meet at ICES to
keep the Colombo appointments and the delegation wishing to travel to Vavuniya
to contact Dulcy Silva at the Women and Media Collective for travel details.
- The Memorandum will be released
to the press on the day of the appointments. The Memorandum will be handed
over to the relevant UN offices subsequently.
- The ICES/WMC and SSA will create
a list serve of all the women and womens organizations attending the
meeting of the 7th and extend it to any other women and organizations wishing
to be included.
- The list serve will be a site
for the collection and dissemination of information on womens activities
and activism on peace making, peace building and seeking a political resolution
to the conflict.
- Information will be shared on
special focus groups such as the displaced, communities living in the "border"
areas, female headed households, women victims of violence, etc.
- A human rights framework will
be lobbied for and information on human rights violations will be shared and
referred to relevant authorities.
ICES, WMC, SSA : 10 June 2002