The Nallayan Declaration notes that child conscription and coercive taxation continues in north-east Sri Lanka. Almost all of the 502 ceasefire violations by the LTTE and 54 violations by the security forces recorded by the ceasefire monitors upto December 2002, were directed against civilians.
The Declaration records several principles that must be upheld in considering the return of refugees to the island. Lasting peace is a prerequisite and there must be agreement between the two parties for resolution of the conflict, and the restoration of democracy and the rule of law in the north-east. The peace talks must be broadened and made more transparent to enable Sri Lankan citizens to participate in the determination of their own destiny.
The agreement between the parties must guarantee human rights to all Sri Lankans, particularly Plantation Tamils, including the right to citizenship, property, franchise and self-determination. It must also guarantee the safety and security of returning refugees and their social and material well-being. Refugees themselves must be involved in the negotiating and return processes for this end.
Returns must be voluntary, upholding international standards of safety and dignity, and underwritten by an accord between India and Sri Lanka. Transfer of refugees from camps in India to camps in Sri Lanka would impede peace. Therefore returns should take place only when refugees can go to home areas.
Landmines should be fully cleared and internally displaced people resettled before refugee returns. The agreement must commit to speedy reintegration through recognition of documents acquired in exile, such as refugee identity cards, certificates of births, marriages and deaths as well as qualifications acquired outside Sri Lanka.
The Nallayan Declaration says that the agreement must contain a commitment to restorative justice. Refugees who have lost property, relatives and livelihood must be compensated. Provision should also be made for a Truth Commission that promotes a healing process in all segments of society.