16 points demands by War Affected Women to the future President

War Affected Women of Sri Lanka and a few human rights organisations around the world have jointly presented a list of 16 points demands to the next president of Sri Lanka including repeal of the Prevention of Terrorism Act (PTA), the release of PTA prisoners and the release of a list detainees.

We publish below the full statement issued today.

We, women directly impacted by war and working on issues of truth and justice, believe that the dawn of the new year in Sri Lanka provides an opening to address several urgent issues. The Presidential Election on 8 January 2015 presents an opportunity to the people of Sri Lanka to decide its future, with the two main contenders being President Mahinda Rajapaksa and Maithripala Sirisena. Since the announcement of elections and campaigning in late 2014, we have observed the promises and pledges by all candidates and hoped there would be recognition of the issues faced by women affected by the war and post war conditions in Sri Lanka. We write this appeal as women who face daily challenges in Sri Lanka and as women from across the globe who have faced similar situations in the search for truth, justice and accountability.

More than five years after the end of the war, women across Sri Lanka face numerous challenges in rebuilding their lives. Throughout the war, women all over Sri Lanka called for answers to the whereabouts of their missing loved ones and justice for the wrongs that occurred. This continues in the post war context. The most recent Presidential Commission appointed by President Rajapaksa commenced in 2013 as an investigation into the overwhelming numbers of enforced or involuntary disappearances, but was converted into one looking at a broad range of violations of human rights and international humanitarian law, a move that raised questions as to whether the present government is genuinely interested in revealing the fate of the tens of thousands missing. Although around 20,000 complaints were received, the Commission so far has moved at a snail’s pace. Serious issues have been raised regards its independence. Observations of its public proceedings also beg the question whether the commission is in actual fact interested and able to meet its mandate and whether this commission like the successive commissions before it is yet another tactic by the State to delay and subvert the call for truth and justice.

Many women who search for their loved ones, for the basic right to know the truth, face threats, abuse and assault. Jeyakumari Balendran, whose son surrendered to the security forces, has been detained since 13 March 2014 without being produced in court or formally charged. Vibooshika, her 13 year old daughter, is separated from her and placed in the care of the State with limited visitation rights. The injustice Ms. Balendran has faced is not an isolated incident but indicative of the situation faced by many such families.

Regardless of all these odds, thousands of women have gone before national commissions, committees and courts and appealed to international actors, including the United Nations Working Group on Enforced or Involuntary Disappearances (UNWGEID) and the United Nations High Commissioner for Human Rights, to call for answers.

The forthcoming election is the second Presidential election after the war. Since then, the North and East of Sri Lanka has undergone heightened militarisation. Around 89,000 women headed households in the former war areas struggle to address livelihood needs, look after their remaining family and in many cases also look for their missing loved ones. Despite numerous promises, no independent investigation into serious human rights violations has resulted in a successful prosecution and conviction of alleged perpetrators, a sign of the culture of impunity pervasive in post war Sri Lanka.

We, the undersigned women both from Sri Lanka and outside take this moment to call on the candidates to publicly acknowledge the situation faced by a significant number of women across Sri Lanka. A public recognition of the situation of the thousands unaccounted for is vital if we as a country are to move forward. We also list several demands that must be addressed if peace and reconciliation are to be viable in Sri Lanka.

Demands:

1. Those being held under the Prevention of Terrorism Act (PTA) without charge should be released immediately or charged based on sound and credible evidence. Trials, including on-going trials, of those charged under the PTA should be expedited.
2. Immediately publish a list of those who are detained, the reasons for their detention and the places where they are detained. This list should be shared with their family and legal counsel.
3. Ensure unhindered access of family and legal counsel to all who are detained.
4. Ensure persons are held only at gazetted detention centres and close all unofficial detention centres.
5. Ensure constitutional safeguards and due process rights are protected in the conduct of arrests and detentions.
6. Take immediate steps to end torture, sexual violence and other inhumane treatment of those in custody and the investigation and prosecution of those responsible.
7. An immediate investigation, arrest and prosecution of State and non State actors who are alleged to have committed enforced or involuntary disappearances, and other grave human rights violations.
8. Introduce an effective witness and victim protection mechanism and action against anyone who threatens, coerces and harasses individuals who continue to search for their missing loved ones.
9. Repeal the PTA and other laws that provide for broad powers to arrest and detain with limited recourse to due process.
10. Introduce reform in the investigative processes including amending the Commissions of Inquiry Act and ensure future restorative and retributive processes are transparent, just and efficient.
11. Immediate steps to demilitarise the country, particularly the North and East and return all lands occupied by the security forces, police and others to their rightful owners and to provide compensation.
12. Conduct independent investigations and allocate resources for identified mass graves and provide for technical and forensic expertise required for next steps.
13. Provide for an inclusive process at memorialisation which is not limited to triumphalist war monuments but involves and captures the views of families who have lost loved ones from across Sri Lanka.
14. Address the issue of intimidation and surveillance of war affected communities including former combatants and families of the disappeared.
15. Respect freedom of association and expression and facilitate a space for civil society, women’s groups and community groups to be able to function freely without undue control and pressure from the State. This should include space for families and affected communities to mourn their dead.
16. Facilitate pending visits by special procedures including the UNWGEID Signatures.

Individuals
1. Loorthunayaki- Paruthithurai
2. Mery Sakunthala- Valaippadu
3. Abha Bhaiya, Jagori Rural- India
4. Annette Lawson, the National Alliance of Women’s Organisations, United Kingdom
5. Chanchana Chakma, women rights activist- Bangladesh
6. Chandra Tripura, cultural and women rights activists- Bangladesh
7. D. Selvarani- Vidathalteevu
8. E. Vashanthathevi- Vaddakkachchi
9. G. Keetha- Kanakarayankulam
10. Galuh Wandita- Asia Justice and Rights
11. Genevieve Sukhdeo, Fiji Women’s Rights Movement
12. Kamalampikai- Jaffna
13. I. Lokanayaki- Puththoor
14. I. Thavamani- Aankankulam
15. I. Theivanayaki- Nochchikulam
16. I. Uthaya Bamini- Vaddakkachchi
17. I. Uthyakumari- Puthukudiyiupu
18. I. Uthyakumari- Puthukudiyiupu. J. Jenitha- Maharampaikulam
19. J. Kanakaranjinai- Thondamannagar 21. J. Kavitha- Pallimunai
20. J. Pathmavathi- Eluthoor
21. J.K. Nakamma- Jaffna
22. Jasmine Kaur, Oceania Pride- Fiji
23. Jensila Majeed- Mullaitivu
24. Jeyantha G. Selvarasa – Mannar
25. Jeyatheepa P. Morthy – Batticaloa
26. Juwairiya Mohindeen – Puttalam
27. K. Anila Lempet – Vankalai
28. K. Kanakalinkam- Thondamannagar 31. K. Muththuraman- Adampan
29. K. Navareththinam- Vatpalai
30. K. Palaninathan poompukar- kalmadu 34. K. Ponnamma- Kilinochchi
31. K. Pruntha- Visvamadu
32. K. Shantha- Vishvamadhu
33. K. Shanthirathevi- Kilinochchi
34. K. Vashanthakumari- Jaffna
35. K. Vashanthamalar- Kanthapuram
36. K.Pushpa- Killinochchi
37. K. Rajaledsumi – Batticaloa
38. Kabita Chakma Member, International Council for the Indigenous Peoples of the CHT (ICIP-CHT) and Human Rights Coordinator, CHT Indigenous Jumma Association Australia (CHTIJAA).
39. Kamala Vasuki – Batticaloa
40. Kanahalingam Vickneshwari- Killinochchi
41. Kanapathipillai Manonmani- Killinochchi
42. Kanthasamy Ponnamma- Killinochchi
43. Kanthasamy Thevi- Killinochchi
44. Krishnapriya – Trincomalee
45. Kunarettinam- Kilinochchi
46. Kurushanthan Mahaluxmy – Mannar
47. L. Kalista- Tevanpitty
48. M. Ariyamalar- Puthukudiyiupu
49. M. Ariyamalar- Puthukudiyiupu
50. M. Dominikamma- Nanattan
51. M. Kajenthini- Alavetti
52. M. Kalaiselvi Kaiveli- Puthukudiyiruppu
53. M. Kalavathi Kaiveli- Puthukudiyiruppu
54. M. Mariyanayagam- Paruthithurai
55. M. Muniyamma- Prappankandal
56. M. Sharasvathi- Kodikamam
57. M. Sumanathevi- Jaffna
58. M. Uthayakumar- Kanakarayankulam
59. M. Uthyashanthira- Pallimunai
60. Mabel Bianco, Funadacion para Estudio e Investigacion de la Mujer- FEIM- Argentina
61. Makeshvari- Vattakachchi
62. Massan d’Almeida, Réseau des Organisations Féminines d’Afrique Francophone (ROFAF)- Togo
63. Najwa Bourawi, Association pour la Protection de l’Environnement et le Développement Durable de Bizerte (APEDDUB)- Tunisia
64. N. Annalatsumi – Sivanagar
65. N. Lalithatheevi – Pokkanai
66. Najia Munira Akhunzada -Afghanistan (South Asian Feminist Alliance)
67. Nishanthini G. Starlin – Mannar
68. Nurgul Djanaeva, Forum of women’s NGOs- Kyrgyzstan
69. Olenka Ochoa Berreteaga – Council Member, ALC Latin American & Caribbean Federation of Women & Municipalities, PERU
70. P. Arulamma- Kumulamunai
71. P. Eesvari
72. P. Jejakumari- Kilinochchi
73. P. Karunavathu Uthayanagar- Vaddakkachchi
74. P. Lathakumari Uthayanagar- Vaddakkachchi
75. P. Paleshvari- Mullikulam
76. P.Anitha- Poovarankulam
77. Paneechelvam Pushparani- Killinochchi
78. Priti Darooka – Executive Director, Program for Women’s Economic, Social and Cultural Rights, India
79. Prof. Sitralega Maunaguru
80. Prof. Sumathy Sivamohan
81. Puspampal- Kumulamunai
82. R. Ajitha- Maharampaikulam
83. R. Inthiratheevi- Periyapandivirichan
84. R. Keetha- Varikudijirupoor
85. R. Mariyanayaki- Vettilaikeni
86. R. Nagarani- Iranaippalai
87. R. Nagarani- Iranaippalai
88. R. Sharoyathevi poompukar- Kalmadu
89. R. Shayarani- Tevanpitty
90. R. Subalatsumi- Eluthoor
91. R. Thulachimalar- Kaarainagar
92. R. Vashanthi- Poovarankulam
93. R. Subramaniam – Director, Thamizh Women Development Association, Northern Province
94. Rahnuma ahmed, Bangladeshi from the Kalpana Chakma’s Unresolved Abduction campaign
95. Rajany Chandrasegaram – Jaffna
96. Rehana Wagh Mauj Development Foundation – Pakistan
97. Renu Alehendiram – Trincomalee
98. Reesarasamalar- Arippu
99. Sandya Ekneligoda
100. Sanjida Islam- Victim family on enforced dispaprarance – Bangladesh
101. S. Sri Tharuni – Batticaloa
102. S. Thayarani – Trincomalee
103. S. Annalatsumi- Aananthapuram
104. S. Jokamma- Kannati
105. S. Kamalampikai- Nedunkeni
106. S. Kanakampikai- Jaffna
107. S. Nagarani- Jaffna
108. S. Nakuleshvari- Puththoor
109. S. Ranjitham- Vankalai
110. S. Sepamani- Prappankandal
111. S. Shakunthalatheevi- Siruthoppu
112. S. Shanthakumari- Semmalai
113. S. Sivanithi- Alvaai
114. S. Sivapakkiyam- Semmalai
115. S. Vashantha- Nedunkeni
116. S. Vasuki- Kilinochchi
117. Sascha Gabizon, Women in Europe for a Common Future- Netherlands
118. Sebathian Mariya Jasintha- Kiliinochchi
119. Shanmuganathan Maya Shanthi- Killinochchi
120. Sugathini Theivendram – Killinochchi
121. T. Shanthakumari- Kanthapuram
122. T. Alvinamma- Thullukudiyiruppu
123. T. Annalatsumi- Kilinochchi
124. T. Easvari- Kilinochchi
125. T. Irajalatsumi- Tharmapuram
126. T. Jeyaseeli- Adampan
127. T. Kalavathi- Varikudijirupoor
128. T. Kamalanayaki- Jaffna
129. T. Nanthakumari- Nochchikulam
130. T. Parvathi- Alvaai
131. T. Perinparani- Mirusuvil
132. T. Thavamanitheevi- Kokkuvil
133. T. Thavamanitheevi- Kokkuvil
134. T. Thilakavathi- Nochchikulam
135. T. Vashanthamalar- Semmalai
136. Theresamma- Iranaippalai
137. Thirunwakkarasu Mangeleshwari- Killinochchi
138. U. Dorin Iankani- Vanaklai
139. U. Kirushnapiriya- Kaiveli, Puthukudiyiruppu
140. V. Nanthini- Kanakampikaikulam
141. V. Siyamala- Veppankulam
142. Vanie Simon – Ampara
143. Vanitha Mahendran- Vavuniya
144. Yogarasa Kanaha Ranjani- Killinochchi

Organisations
145. Association of Families Searching for their Disappeared Relatives – Vanni
146. AWID, Association for Women’s Rights in Development
147. Center for Peace Education, Philippines
148. Citizens for a Secure Sri Lanka
149. Diverse Voices and Action for Equality, Fiji
150. Khulumani Support Group- South Africa (Khulumani)
151. Land Access Movement of South Africa (LAMOSA)
152. Mannar Women’s Development Federation
153. Mujeres Sin Fronteras- Chile & Argentina
154. WE Act 1325, Philippines
155. Women’s Alliance for Peace and Democracy
156. Women’s Action Network (WAN)
157. Women’s Coalition for Disaster Management – Batticaloa
158. Women’s Action for Independent Development (WOMENAID) – East