Asylum seekers & refugees in Sri Lanka:

rubbish to throw out or persons to take

care of?
by Ruki
- on 08!"#0!"
$hen asylum seekers come to Sri
Lanka% & feel prou' to be a Sri Lankan( )ecause they ha*e thought we% Sri
Lankans% woul' show our lo*e% care an' concern for them an' protect them
at the time they nee'e' it most + such as when face 'eath threats an'
can,t practice their religion( )ecause they thought they coul' -n' hope for
a safer an' 'igni-e' life here with us% at least for a short time( )ecause
they woul' ha*e thought that our spiritual% religious an' cultural *alues will
make us welcome them% not throw them out in their hour of 'esperation(
.hat our country woul' ha*e laws% policies that woul' be sympathetic to
their plight(
)ut to'ay% our go*ernment is throwing out 'esperate people that ha*e to
come to us seeking lo*e% care an' protection temporarily + not e*en
permanently( Along with them% the go*ernment is also throwing out the
human% spiritual *alues these 'esperate people thought Sri Lankans ha'(
/eportations of asylum seekers also *iolates customary international law
which re0uires all countries not to *iolate the principle of 1non-refoulement
2no force' returns3 to countries where people face imminent risks( &t
*iolates article 4 of the 5on*ention against .orture an' 6ther 5ruel%
&nhuman or /egra'ing .reatment or 7unishment% which the Sri Lankan
go*ernment has rati-e'(
Amongst the asylum seekers li*ing in fear of arrest% 'etention an'
'eportation is a goo' frien' of mine from 7akistan( .hey ha*e been
generous e*en as asylum seekers an' & ha*e en8oye' the )iryani they
o9ere' me in the tiny single room they li*e in now( & ha*e en8oye' the
cheerful company of his two school going% young% beautiful 'aughters( :y
frien' ha' come here with his wife an' two chil'ren because he an' his
young 'aughters were threatene' with 'eath( ;e ha' tol' me about the
things they left behin' an' miss 'early( <specially frien's an' family( .he
pain of not ha*ing been able to go for his father,s funeral( =rom my
interactions with 7akistani asylum seekers last few months% & know that
many others ha*e come for similar reasons( &t woul' ha*e not been easy to
lea*e so much behin'( & also know from my frien's an' colleagues in
7akistan% an' the >nite' ?ations ;igh 5ommissioner for Refugees%
2>?;5R3% that life is terribly insecure for religious minorities in 7akistan%
especially Ahma'iyya :uslims% Shia :uslims an' 5hristians( Accor'ing to
>?;5R% they may nee' international protection an' re0uire particularly
careful e@amination of their asylum claims(
.he >?;5R spokesperson in Aene*a has e@presse' alarm that recent
'eportations of asylum-seekers from Sri Lanka are growing in siBe an'
scope 'espite international calls to stop sen'ing them back to a place
where their li*es coul' be in 'anger( Accor'ing to >?;5R% 4C 7akistanis ha'
been 'eporte' between !st an' Dth August an' this number has grown to
88 by !#th August( >?;5R further says that while only men were 'etaine'
an' 'eporte' initially% now whole families are being 'eporte'% an' that !!
women an' 8 chil'ren ha*e been 'eporte' so far( .hat a pregnant woman
ha' been left behin' an' her husban' 'eporte'( & hear' one story that a
women who was se*en an' half months pregnant was tol' to say she was
-*e an' half months pregnant% in or'er for the airline to accept her to be
'eporte'(
>?;5R has also sai' that some of the latest 'eportees ha' their passports
an' asylum-seeker certi-cates seiBe' last week% tol' to go to 5olombo
airport% where they were place' on Eights to 7akistan against their will(
Accor'ing to >?;5R% there are !DF asylum seekers 28" 7akistanis% F!
Afghans an' # &ranians3 'etaine' in Sri Lanka as of !#th August( .hey face
imminent 'eportation( Some may ha*e been 'eporte' an' others being
'eporte' e*en as & write this(
.he Lawyers 5ollecti*e in Sri Lanka has sai' that the laws un'er which the
arrests an' 'etention has happene' is not clear% that *ictims an' their
families ha*e not been informe' clear an' speci-c reasons for arrests% that
no arrest receipts ha*e been pro*i'e'% that arrestees ha*e not been
pro'uce' before a competent court( Access to lawyers ha*e been 'enie'
an' that in'ications are that they are arreste' un'er the 7re*enti*e of
.errorism Act% as arrestees are being 'etaine' at )oosa 'etention facility
run by the .errorist &n*estigation /epartment 2.&/3( Accor'ing to lawyers% if
they ha*e been arreste' un'er the &mmigration laws% they shoul' ha*e
been 'etaine' in the &mmigration /etention facility in :irihana(
& ha*e hear' that some asylum seekers refugees ha*e been sub8ecte' to
torture% cruel% inhumane an' 'egra'ing treatment% which woul' be a
*iolation of article !! of the Sri Lankan constitution( .he lack of 'ue process
also appear to be a *iolation of article !# 2!3 of the Sri Lankan constitution(
.hese are rights ma'e a*ailable to all people in Sri Lanka% irrespecti*e of
their nationality an' immigration status(
.he statement by the :inistry of <@ternal A9airs 2:<A3 that the increase in
number of asylum seekers is 'ue to people falling *ictim 'ue to
commercially 'ri*en human traGcking networks which abuse liberal *isa
policy of Sri Lanka% appear to be speculati*e an' unsubstantiate'( =rom
what & ha*e hear' an' seen from my *isits to 7akistan an' communication
with frien's an' colleagues there% it appear to be more 'ue to persecution
these persons face( Some asylum seekers maybe bogus( .he best way to
-n' out who is genuinely Eeeing persecution is a comprehensi*e case by
case assessment by the nationally an' internationally recogniBe' agency
for this% >?;5R( ?ot any Sri Lankan go*ernment :inistry or Agency( All
asylum seekers ha*e a right to this 'ue process% un'er international
customary law an' what 'eportations ha*e 'one is to 'eny asylum seekers
this opportunity( Although the :<A has claime' that asylum seekers ha*e
been 1encourage' to returnH% in practice% they ha*e been forcibly been
'eporte'% as con-rme' by >?;5R(
& ha*e met in foreign countries% in'i*i'ual persons + uni*ersity stu'ents%
retire' people% 8ournalists% lawyers etc( + who ha*e shown e@ceptional lo*e%
care% concern to Sri Lankan brothers an' sisters who ha*e Ee' persecution
they ha' face' in Sri Lanka( & too ha*e be-tte' from such hospitality from
frien's an' strangers when & went into e@ile some years ago 'ue to
imminent threats & face'( $hen & was arreste' an' release' some months
ago% many o*erseas frien's an' strangers in*ite' me to come an' stay with
them as long or *isit them as often as & like'% an' o9ere' to take care of
me( Likewise% & ha*e met an' worke' with groups who ha*e acti*ely
campaigne' for laws% policies an' practices in other countries to be more
humane an' legal in fa*our of Sri Lankan people who Eee persecution in Sri
Lanka% an' whose security we are unable to guarantee within Sri Lanka(
.o'ay% when the Sri Lankan go*ernment is throwing out people who ha*e
come here to seek protection temporarily% there is *ery little outrage( )ut
encourage' an' pushe' by numerous passionate appeals by my refugee
rights acti*ist + lawyer frien' Lakshan /ias% few of us ha*e petitione' the
Supreme 5ourt an' the Sri Lankan ;uman Rights 5ommission to stop these
'eportations an' arrests% on behalf of our brothers an' sisters facing
imminent 'eportations an' arrests( $e await their inter*entions with hope(
Accor'ing to the :<A% as at 40th Iune #0!"% there were !DC# asylum
seekers an' 408 refugees in Sri Lanka( .his is about 0(00J K of the Sri
Lankan population( &t is also about !("K of the Sri Lankan refugees in other
countries if &,m to use oGcial >?;5R statistics( .he last -gure is likely to
less than !K if we consi'er actual numbers of Sri Lankan refugees an'
asylum seekers o*erseas(
Are these chil'ren% women an' men too big a bur'en for us to take care?
.he Sri Lankan go*ernment 'oesn,t e*en o9er them basic nee's like
housing or foo'( An' anyways% the Sri Lankan go*ernment 'oesn,t o9er
permanent resettlement to persons whose asylum claims are appro*e' +
these are all people e9ecti*ely here in transit% for few years at most% not
'eca'es(
)ut now% *ery sa'ly% Sri Lanka is not e*en willing to o9er these 'esperate
people e*en the most basic minimum% temporary protection% care an'
support% till >?;5R makes 'etermination whether they are genuinely in
nee' of international protection an' till another country o9ers them more
permanent care an' support(
$hat the Sri Lankan go*ernment is 'oing is shameful% inhumane an'
betrays the spiritual +religious an' humane *alues Sri Lankans claim to
uphol'( &t is in breach of customary international law% an' possibly e*en
*iolates our own constitution an' international human rights law the
go*ernment is a party to( &t is not in my name( & hope many more Sri
Lankans will say the same an' come forwar' to protect an' e@press our
lo*e an' care to 'esperate asylum seekers now li*ing in Sri Lanka(
2=igures an' 0uotes from >?;5R an' :<A are base' on brie-ng notes from
>?;5R a*ailable
at http:www(unhcr(orgD4eJ9JDJ(html%http:www(unhcr(orgprintD4e0c0a
eJ(html an' an oGcial press release of the :<A a*ailable
at http:www(mea(go*(lkin'e@(phpenme'iame'ia-releasesD0"F-
response-to-in0uiries-on-asylum-seekers
Posted by Thavam