MUSLIM CONCERNS AND THE HUMANITARIAN CRISIS IN SRI LANKA

Signing Institutions
Association of War Affected Women
Centre for Policy Alternatives
INFORM
International Centre for Ethnic Studies, Colombo
Law and Society Trust
Muslim Information Centre
Muslim Women’s Research and Action Forum
Research And Action Forum for Social Development
Social Scientists’ Association
Women’s Empowerment Foundation
Women and Media Collective

The situation in Sri Lanka continues to deteriorate and the commitment by both sides to the Ceasefire Agreement is now limited to rhetoric alone. In the course of this violence, a number of human rights and humanitarian issues have come to the forefront; this appeal concerns itself with the predicament of Muslims of the North and East.

In August 2006 the Muslim community of Mutur found itself at the centre of the ‘undeclared war’ that is still continuing and as a result, faced multiple humanitarian and human rights violations. Following the closure of the Mavil Aru waterway by the LTTE on July 20th and a military campaign by the Government to open it, the largely Muslim town of Muttur came under siege. For three days the town was under attack as the two sides fought for control, with both firing artillery at targets in built-up areas and effectively cutting off the residents’ access to food, water and medical services. A number of civilian buildings, including the Maternity Unit of the Mutur District Hospital, Nadwathul Ulma Arabic School, Ashraff High School, Al-Hilal School and St Anthony’s MV School were all fired on. In these incidents more than 40 people who had sought refuge in the schools were killed. The town was largely under LTTE control at that point, the Muslim community appealed through intermediaries for the Government to end the shelling to no avail.

After three days of continuous firing, the Mutur Muslims decided to flee en masse and were given assurances of safety by the LTTE. On August 4th, on their way to Kantale, they were diverted off the main road (A15) by LTTE cadres, and were taken to Kiranthimunai, which is under LTTE control. Here the LTTE separated the men from women and children. Two masked men picked out individuals alleged to be members of ‘Jihad’ – which the LTTE claims is a Muslim armed group operating in Mutur. At that point a shell hit the area and a number of people were killed and injured; some escaped. The fate of a number of individuals who went missing at Kiranthimunai is still unknown. The LTTE gave the ICRC and members from the Muslim community barely one hour on August 15th to locate bodies in Kiranthimunai. Only three bodies were found.

Currently the majority of the Muslim community from Mutur and surrounding areas are displaced, with some 24,000 residing in the nearby town of Kantale, 9,000 in Mulipothana and 5,000 in Kinniya. The conditions in the welfare camps in Kantale are dire, and the monsoon rains are making the tents they now use unlivable. The local Sinhala community is wary of Muslim IDPs being relocated in nearby areas. Many of the displaced want to return, but the uncertain security situation-- the continuing artillery firing, and a renewed military offensive on August 19th-- and people’s overwhelming feeling of fear, makes return difficult but families are trying to return. Families who returned over the last two weeks to Thopur and Selvanagar have once again been forced into displacement following renewed fighting. The situation has been exacerbated by the Tamils of Mutur and Sampur who have become victims of violence including aerial bombardment and shelling and suffered multiple displacement over the last few months needs to be highlighted and urgently addressed.

The incidents in Mutur are part of the history of a community of Muslims who have been victimized throughout the conflict and marginalized in the peace process. Mutur is thus one episode in the killing, ethnic cleansing and intimidation of Muslims by the LTTE, including the expulsion of the 75,000 strong Muslim population in the north in 1990, and multiple massacres of Muslim in the east in the same year. The 16 year exile of the forcibly expelled Northern Muslims, the majority who continue to live in welfare centres serves as a reminder of the dangers of semi-permanent displacement. The minimal security force protection provided to Muslims in Mutur is symptomatic of the limited interest taken by the state in the protection of Muslims at each stage of the conflict. Mutur highlights both the political dilemma and the security concerns of the Muslims of the North and East; they are stuck between the competing interests of the state and the LTTE, with neither party safeguarding the safety and security of Muslims. Yet, given their status as a minority in the country, and given the geographical location of Muslims in the North and East, where they live interspersed among other ethnic communities, they are compelled to co-exist with both. A direct impact of the conflict has been on ethnic relations, particularly between the Tamil and Muslim Communities.

The violations of the Geneva Convention on Armed Conflict, including Protocol II, UN Guiding Principles on Internally Displaced, customary international law and basic norms of human decency in the recent incidents are multiple. It is important to address the issue of Muttur Muslims in a two-fold manner: that of civilian protection as a common problem for all communities; and also as a distinct Muslim issue – that of a principal stakeholder largely marginalized in the peace process.

At this present juncture basic humanitarian norms and human rights are being violated by both warring parties and other armed actors. Given the current political realities, where the violence seems set to continue for some time; we, the undersigned, appeal to you to send or support an international fact-finding mission to investigate the violations of human rights and international humanitarian law, to assess the humanitarian response to the existing crisis, and to recommend how humanitarian standards and human rights can be monitored and improved, with due focus on the Muslim Community.

We also urge you to recognize this incident as brought about by the unique conditions that Muslims face in this conflict and support making Muslim participation as a separate delegation imperative at all levels of negotiations to end the violence, and towards a political settlement.