Introduction - 'Displaced persons are not refugees'

Sri Lankan officials and the media continue to refer to Internally Displaced Persons due to the internal armed conflict and the tsunami diaster as refugees. This indicates a clear state of ignorance in the use of this international legal terms.

The world "refugee" is defined in in the `1951 UN Convention on the status of refugees to include those persons who flee their countries for fear of persecution due to the ethnicity, religious, social class or are unable to return to their country due to such fear.

Refugees escape to other countries seeking asylum and falls within the mandate of the UNHCR.

Sri Lanka since 1983 has produced over 1 million refugees, becoming one of the highest per capita refugee producing countries in the world.

These estimated 1 million refugees have sought asylum in developed countries and come within the legal system of the countries of asylum.

They cannot be forcibly returned to Sri Lanka.

On the other hand, persons discalced within Sri Lanka due to ethnic conflict or natural disasters are the rightful concern of the Sri Lankan Government.

In the past 23 years the Government has provided the basic needs of the displaced persons.

Unlike in the case of refugees there is no one single UN or INGO Organization that is responsible for the IDPs except to help the Government in diverse protection, return and rehabilitation programs.

Thus the UNHCR has some limited program for refugees in the North East but has no sustainable assistance or protection program for people displaced in the North Central Province or North Western Province.

UNICEF has limited programs targeting IDP children. The WFP provide food assistance and the ICRC under Geneva Convention deal with war related humanitarian law issues.

As far as the general Sri Lanka population is concerned, they perceive that most of the multi lateral aid agencies and INGOs focus only on the North East and leave out, other affected areas. This has eroded public confidence in some of these agencies.

Some 200,000 mainly Muslim, displaced persons during the past few weeks have not received full humanitarian care that they should receive under the international humanitarian principles.

Representatives of displaced Muslims have complained to the Legal Aid Commission that they are forced to return to their villages of origin without security guarantees from dangers from landmine and unexploded shells and the Sri lankan Constitution provide that compulsory return is a violation of fundamental rights. It also violates the UN principles.

The authorities should respect the rights of the IDPs as they are still Sri Lankan citizens except that they have lost their hearths and homes.

Legal Aid lawyers conference

Legal Aid Lawyers working in 30 Legal Aid Commission (LAC) Centers met at the Hector Kobbekaduwa Center on September 2 and 3.

The meeting was chaired by LAC Chairman, S.S. Wijeratne with Commission members, Kamalini de Silva, AAL and Upali Gooneratne, AAL participating.

The Chairman in his opening address highlighted the duty of the Legal Aid Office to reach out to the poor sections of society by conducting Legal Aid Clinics in remote villages, without waiting for people to come to them.

This was important as most of the poor villagers are not aware of the availability of free legal aid and some of them do not have even the bus fairs to travel to court based legal aid centers. He further said that working for justice will result in peace in society.

LAC, Director-General Justice Hector S. Yapa impressed upon the lawyers the importance of total commitment to legal aid. He also urged the lawyers to make use of Writ Jurisdiction of Provincial High Courts to redress the administrative grievances of the poor litigants.

Legal Aid Commissioner Upali Gooneratne explained the law relating to right of representation in criminal cases with emphasis on legal aid officers' duty to provide free legal representation to victims of crime.

Legal Aid Commissioner and Senior Assistant Secretary of the Ministry of Justice, Kamalini de Silva spoke of the importance of mediation of disputes as the first legal aid step. LAC Director/Consultant Nelum Gamage led the discussion on administration.

Two new LAC Centers in Panadura and Kuliyapitiya

A new Legal Aid Center was opened in Panadura on September 4 by the Minister of Justice, Amarasiri Dodangoda. With the opening of this center all the High Court Zones would have a Legal Aid Center each.

The Legal Aid Center at Panadura is situated at No. 43, Sri Maha Vihara Mawatha, Panadura (near the High Court Complex) headed by Kalhari Dissanayake, AAL and assisted by Surangani Perera, Legal Officer.

The Center would pay special attention to Tsunami victims with regard to their legal problems.

The 31st Center of the Legal Aid Commission would be opened by Chief Justice Sarath N. Silva, Minister of Justice Amarasiri Dodangoda and Media Minister Anura Priyadarshana Yapa on September 29 at the Kuliyapitiya Courts Complex.

This Center would be under the guidance and direction of the Director J. M. Gunathilake, AAL and President of the Bar Association of Kuliyapitiya.

The Legal Officer in charge of the Center would be Chamika Muthunayake, AAL.

Minister of Justice and Legal Reforms Amarasiri Dodangoda together with Legal Aid Commission Chairman S. S. Wijeratne opening Legal Aid Center at the Panadura.

Legal Aid Officer Kalhari Dissanayake, AAL and Samadara Jayasinghe, AAL are also in the picture.