Wednesday, 12 January 2005  
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Protecting the rights of tsunami victims


Homeless people wait in a refugee camp in the coastal village of Kanburugamuwa. REUTERS 

The Human Rights Commission notes with great regret, the enormous loss of life and property in all areas of the country that are located close to the sea, by the greatest natural disaster in living memory by way of the tsunamis on the 26th December.

The Commission shares its grief with all those who are affected by this destruction and also with the entire nation shocked by the event. The Commission also remembers all others in neighbouring countries that have suffered in a similar manner.

The Commission expresses its deepest concerns and solidarity to persons in camps and shelters throughout the country. The Commission also calls upon everyone, the government as well as all other actors in different parts of the country, to act in the closest possible collaboration without allowing any political or other consideration to affect the efforts to deal with all issues relating to the recovery of the country from this grave natural disaster.

The Commission also notes the enormous burden placed on the Government of Sri Lanka by this unexpected catastrophe, befalling a nation already troubled with grave problems for several decades now. However, the Commission wishes to stress the role of the Government as the protector of the people. International standards now recognize that every government has a duty to protect the people and to ensure human security.

The Commission notes with great admiration and appreciation the enormous courage shown by the entire civil society throughout the country, which rose to the occasion and continued to engaged in supporting those who were directly affected by the tragedy. The response from civil society reveals the quality of a very compassionate people and the manifestation of this aspect of the Sri Lanka population should form a basic cornerstone for the rebuilding of the society.

The Commission also notes with great appreciation the response from the international community and this response is most unique and overwhelming.

Governments, international organisations and people in various countries have all come forward to demonstrate tremendous determination to assist the people affected by the tragedy. In fact, historians may note that this was one of the most moving moments in modern history and the present commitment among the people throughout the globe may lead to new strategies and measures for dealing with the more acute problems faced by vulnerable populations.

Human rights

The present crisis poses enormous challenges for human rights protection in the country. These issues must be identified and addressed by the many task forces that have been set up to deal with relief, rehabilitation and security. The Commission will continue to lobby Government, multilateral actors and aid agencies to ensure that these rights are protected.

* There are some matters of concern, which are very fundamental to the protection of human rights. The identification of dead bodies is one of the most basic of all human rights. Due to the situation many bodies were buried without identification.

It is absolutely essential that forensic expertise is marshaled to identify all dead bodies so that their next of kin may be informed. The Government must make this an important matter of priority.

* The issue of the rule of law is one of the major concerns for the Commission. The situation has remained a matter of urgency even during normal times. However, the Commission has received disturbing reports of looting, rape and other forms of abuses.

This is the time to expect the highest forms of commitment from the police and all security personnel to perform their duties to uphold law and order. Particular emphasis should be paid to provide protection to welfare camps, where vulnerable populations are gathered. The Commission will work with the law enforcement officials to ensure basic security for the people affected by the disaster. If any violations occur, the public should contact the regional offices of the Commission, its IDP project office or the Human Rights Commission head office.

* The Commission also wishes to express special concern regarding children, women and other vulnerable groups. Women and children have lost their primary breadwinners, seen their houses and livelihoods destroyed.

The Human Rights Commission has received allegations that some of them have been abused, abducted or exploited. It is imperative that the law enforcement authorities, the social service sector and civil society act swiftly to prevent such excesses. The Human Rights Commission will be vigilant to ensure that such activities do not take place.

One of the issues facing children is their right to education. Priority should be given to enable children in the affected areas to return to their lessons as soon as possible. This has practical considerations such as regaining the building space, desks, chairs and other materials, exercise and textbooks and the like.

The money for this is plentifully available by way of the contributions of UNICEF and others. What is needed is the leadership to deal with the matter. We will work with the social service ministries and UNICEF to ensure that children return to school with the full support of the community.

* Disasters such as these cause stress, trauma and mental illness. Sri Lanka still does not have the infrastructure, the skills and the medication to deal with this aspect of the crisis. The right to health is also the right to mental health. We call upon the Government and the international actors to pay special attention to this aspect.

The Commission also calls upon qualified psychiatrists, psychologists and medical personnel to make their contributions in this very special situation as this aspect will affect the nation for a long time. The Commission also calls upon the Government and the international agencies to train local persons to be able to deal with trauma related issues. Of particular importance is to give such training to schoolteachers and nurses.

* The aid that has come because of the generosity of the world is an opportunity to rebuild the nation without favour or discrimination. Such aid should be distributed using fair criteria, without arbitrariness and ensuring equality.

A major concern for the local people and also for the donor communities will be measures for the alleviation of poverty for the victims of the tsunami as well as others.

Equitable distribution of aid, through a transparent and open process, is absolutely essential if we are to truly emerge from this crisis. The Human Rights Commission hopes to set up a special unit that will monitor the reconstruction process from the perspective of human rights.

Human Rights Commission of Sri Lanka

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