IDPs, human rights and freedom

Methsiri Cooray Attorney-at-Law

Internally Displaced persons (IDPs) are much in focus. It is the latest big stick used by West, USA and the EU to beat us. Sri Lanka is accused of violating fundamental human rights, freedom of movement of citizens within their country guaranteed by our Constitution. These IDPs are in the North, beyond Vavuniya.

But what have we been witnessing over the last few years under our own nose right in the heart of Colombo down Galle Road, Kollupitiya, outside the gates of the Embassy of United States and that of High Commission of Britain. ?

People queue up as early as 5 a.m when these offices open at 10.00 a.m., at times in the blazing hot sun and pouring rain without any shelter. This is for interviews for issue of visas to travel to UK and U.S.A. They are at times admitted to the office late in the afternoon.

Interviews are through a small aperture in the U.S. Embassy four inches by four inches where with even the full face of the interviewer and interviewed cannot been seen. Interview lasts for mere seconds.

It is almost a humiliating and degrading procedure indeed. Finger printing is done as in the case of criminals.

Stringent conditions particularly relating to a Third World country are insisted upon.

Applicants have to submit documents as to their wealth in the form of, title deeds to property, bank A/C for a few months and fees, exorbitant by third world standards, Sri Lanka's gross national income are charged. After interviews lasting a few seconds by at times inexperienced personnel, some of those found to be corrupt, and dismissed from office. At the time visas are refused on most frivolous grounds.

The issue of visas depend on the time, mood and presence of the particular officer concerned. Students at times do not want to be interviewed by a particular officer whom they consider to be unusually scrupulous. There is no uniformity in procedure.

Look at what they proclaim in international documents, covenants to which they are signatories and bound to honour, some of a different kind. The West accuses Sri Lanka of not adhering to those issues particularly the IDPs. Travel across borders is a fundamental Human Right of equal importance as within.

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Considering the development of contacts to be an important element in the strengthening of friendly relations and trust among peoples."

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"make it their aim to facilitate free movement and contacts, individually and collectively, whether privately of officially, among persons. Institutions and organizations of the participating states" ....

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Applications for temporary visits to meet members of their families will be dealt with without distinction as to the country of origin or destination, existing requirements for travel documents and visas will be applied in this sprit.

Preparation and issue of such documents and visas will be effected within reasonable time limits: cases of urgent necessity such as serious illness or death will be given priority treatment. They will take such steps as may be necessary to ensure that the fees for official travel documents and visas are acceptable."

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To promote visits to their respective countries by encouraging the provision of appropriate facilities and the simplification and expediting of formalities relating to such visits.

Universal declaration Human Rights adopted by U.N. General Assembly resolution 217A (iii) of December 10, 1948.

Final Act of Helsinki Conference 1975. On August 1, 1975 they adopted the Final Act of the Conference on Security and Co-operation in Helsinki. This contains a declaration of principles under the heading 'Questions relating to security in Europe'. The Final Act was signed by representatives of 35 states, including the United States and the U.S.S.R. The Final Act constitutes and important statement of intent but the instrument is not a treaty, and the understanding of the signatories was that it was not legally biding.

The declaration of principles includes a section entitled respect of human rights and fundamental freedom including the freedom of thought, conscience, religion or belief."

The text contains a commitment to act in conformity with existing obligation in the field of human rights. In a technical and format sense, the Final Act is much related to security and disarmament as it is to human rights, although this fact has not been conveyed to the public in many countries.

On January 30 1992 10 former Soviet Republic joined the Conference, raising the number of members to 48.