SRI LANKAN REFUGEES: TIME TO HONOR THEIR COURAGE, RESTORE THEIR RIGHTS
COMMENTARY ARCHIVES, 21 Jun 2009
June 20th marks World Refugee Day, and this affords us an opportunity to remember the 80, 000 Sri Lankan Tamils who have sought refuge in Tamilnadu over the past quarter-century. These refugee children, men and women are housed in 117 guarded camps across the state. They struggle to survive with available camp resources that range from modest to meager, and many are still traumatized by memories of the violence and unrest that caused them to flee their country. Yet, the most disturbing aspect of refugee life is not the daily struggle, nor the past trauma, rather it is the debilitating uncertainty of the future. Refugees do not know when they will return home, or what they will find there, once they return. Almost every one of them longs to return home.
In the month since President Rajapakshe’s declaration of victory in the bloody civil war, and the ensuing celebrations by Sinhalese on the streets of Colombo , there has been no mention of the fates or the collective future of Tamil refugees outside the island. Is it really possible to have peace and reconciliation in Sri Lanka without ensuring justice for the long-suffering refugees? International experience with ethnic conflicts over the past century has demonstrated that the rights of displaced people – those displaced internally as well as those who have sought refuge across borders – are an integral part of any post-conflict scenario. Refugee ‘right of return’ is an important element to ensure lasting future peace; and besides, it is mandated by international law.
According to the 1951 Refugee Convention (also known as the Geneva Convention) a refugee is a person who “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country…”. Sri Lankan refugees began arriving soon after the start of the ethnic violence, and the pogroms that killed thousands of Tamils in 1983. As such, they rank among the world’s oldest refugee populations, and represent what is known as a “protracted refugee situation”. Subsequent batches of refugees arrived at different times, escaping either government shelling or the LTTE’s forced recruitment and bitter reprisals.
Some have arrived in recent months, while several children, who were born in Tamilnadu, have never known a life outside the camp. Yet others have – legally or surreptitiously – returned to Sri Lanka , only to become refugees all over again, due to fresh bouts of fighting. Countless others have drowned at sea while making the perilous journey across the waters that separate the Sri Lankan and Tamilnadu coastlines. Taken together, these refugees are nevertheless distinct from the “stateless” Sri Lankans, namely, the Indian-origin Tamils who arrived when they were disenfranchised by the post-independence Ceylon Citizenship Act (1948). These were the men and women who shockingly fell “through legal cracks” during the messy process of British decolonization: some were eventually granted Indian citizenship. Others remain in legal limbo.
As with the time and manner of their arrival, the fortunes of the refugees in Tamilnadu, has also been chequered. Those with any means at all, have emigrated to Western countries. A few have managed to move out of the camps, and have integrated with the local population. As with refugees around the world, they are viewed with suspicion and distrust by the local population despite linguistic and ethnic affiliations. The months and years following Rajiv Gandhi’s assassination by Tamil Tigers, were particularly distressing times for the refugees. Further, the camps came under increased surveillance for suspected Tiger recruitment activities. However, over the years, the Tamil refugee population has weathered many storms, and has come earn the sympathy and regard of the state government. In my observation, a key factor has been the phenomenal grassroots organizing work done by a voluntary non-profit organization known as OfERR, Organization for Eelam Refugee Rehabilitation, which has a presence in most of the camps throughout the state.
With a single-mindedness of purpose, namely to return to their country with honour and dignity, they have laboured to create a non-political, non-sectarian, gender-sensitive environment within the camps. With an inspired leadership and a dedicated cadre of volunteers, the organization has, on the one hand, lobbied the state government for greater recognition and rights, including admission for refugee children to local schools and colleges. On the other hand, they have instituted leadership development programmes for their own people, through self-help groups within the camps, women’s and youth entrepreneurial initiatives, and the promotion of environmentally sustainable practices in day-to-day life. Despite the annual uncertainties and fluctuations in their donor-base (mostly Western-based religious and charity organizations) OfERR has struggled to keep alive these programmes.
OfERR has been openly appreciative of the Tamilnadu government’s cooperation over the years. Although India has not signed the 1951 Refugee Convention, or its 1967 Protocol, the national government has by and large complied with international standards, at least in the case of Sri Lankan refugees. The United Nations High Commissioner for Refugees (UNHCR) maintains an advisory presence in Tamilnadu. Apart from forging a relationship of mutual respect with the hosts, OfERR has gone one step further, and has aspired to repay its “debt of gratitude” to the people and government of Tamilnadu. Since 2004, the organization has deployed its volunteers to assist in the post-Tsunami relief and reconstruction work in the three worst-affected coastal districts of Tamilnadu.
To the best of my knowledge, this is the first instance of a refugee community offering spontaneous and substantive assistance to a host community in its time of need. This is unprecedented and inspiring. It will be a loss in legal and humanitarian terms if the Sri Lankan government does not make provision for ‘refugee return’ in its rebuilding programme. These refugees are skilled, resilient, motivated people who long to return to their fields and villages and towns and shores, to seek their missing family members, and to help rebuild their country. The international community must act to honour their courage and restore their rights.
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Indira Ravindran teaches International Politics & Law in Shanghai, China
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