LTTE’s chief negotiator Anton Balasingham has said that the Tigers recognize the Muslims living in the north-east as brothers, but the relationship between the Tamil and Muslim communities has deteriorated since the ceasefire. The HRC says the large number of complaints of violence against Muslims after the ceasefire agreement point to a serious crisis that will be hard to resolve. There have been grenade attacks, abductions, firing into buildings and crowds, using the sword, robbery, arson, intimidation, abductions and harassment. Many perpetrators have been identified by victims as members of the LTTE.
Muslims have not been allowed to work in their lands which lie in LTTE-controlled areas. According to the Muslim Rights Organisation, 490 locations and more than 100,000 acres of paddy (rice) land in 490 locations lie in LTTE territory and 30,000 Muslim families are affected. Some militant groups, such as Osama Group, Muthur Jetty Group and Knox Group, have been established in the east to defend the Muslim community. These consist of few members and are incapable of asserting their dominance and imposing their will on the whole community. The HRC, however, says it is aware of violence by these groups against Tamil civilians.
There has been a decline in allegations of human rights abuses by the security forces. However, some violations have continued. The police Special Task Force (STF) is accused of attacking civilians on at least two occasions since April 2003. The closure of roads by the Army at 6.00pm creates major hardship for the people. Many schools and government buildings are occupied by security forces. Some people say their homes lie within military high security zones (HSZ) and are inaccessible. Since the legal validity of HSZs has been questioned, the HRC has taken up the issue with the Army commander. HRC says it has pointed out that though the government reserves the right to take over private buildings in relation to matters of security, it has the duty to pay adequate compensation or find alternative accommodation.
According to the HRC, the major complaint against the security forces is that they are not able to provide effective security for members of the public. Impunity for every type of crime and the breakdown in the rule of law is the most pressing problem. The police claim that they find it difficult to solve crimes because witnesses do not come forward and if the perpetrator is from an LTTE area, there is nothing they could do to apprehend the person. They are not permitted to enter Tiger-held territory. In the vast majority of the cases, there is little investigation, prosecution or punishment. HRC indicates that impunity among security forces continues and raises the question whether the government is in breach of international human rights obligations in allowing impunity and breakdown of the rule of law.
There were 38 killings in the two districts up to September 2003, which relatives of victims attribute to the LTTE. No one has been convicted for these crimes, which are also violations of the ceasefire. The victims were members of Tamil political groups or Tamils working with the security forces. The HRC also received complaints of child abduction or recruitment.
The HRC expressed concern over taxation by the LTTE. Farmers are expected to pay Rs 500-1,000 per acre for every season, Rs 50 to transport paddy (rice) and Rs 10,000-15,000 a month for use of tractors during harvest seasons. Workers on agricultural land must pay Rs 25 a month. These rates differ in different areas. Fishermen must pay a tax on the fish catch and businessmen are taxed on commodities transported and on profit. The LTTE also demands contributions from people for events such as the Great Heroes Week in November.
The HRC has made a number of recommendations. It says that no national or regional human rights entity will be able to effectively monitor and implement human rights standards in the north-east as no organisation or individual enjoys wide authority or legitimacy. A human rights agreement, such as the Declaration on Human Rights and Humanitarian Principles envisaged in the peace talks, between the parties is an urgent need. A monitoring mechanism, including an independent investigating body, involving substantial international assistance is also essential. The HRC points out that the right to life is a paramount right and has called on the LTTE to end all killings that are extra-judicial.