The problem of internal displacement ranks as one of the gravest consequences of the internal armed conflict that was prevalent in the North and East of Sri Lanka for almost two decades. The protection and promotion of the human rights of internally displaced persons (IDPs) is undoubtedly a high priority area in the local context, although any kind of action in this regard has been essentially at a dormant level.

However, in the year 2001 the Human Rights Commission (HRC) of Sri Lanka commissioned a study on internal displacement with a view to exploring what role it might play in addressing the situation of IDPs in the country. In this month’s issue of the LST Review, we reproduce an occasional paper by Dr. Mario Gomez, who worked closely with the Sri Lankan HRC in relation to the above study. The paper includes a description of the author’s experience as well as a more general discussion on how national human rights commissions might contribute to defending the rights of the internally displaced.

The first part of the paper deals with the rationale for the establishment of HRCs in the world and also the history and jurisdiction of the HRC of Sri Lanka. After a brief introduction to the phenomenon of internal displacement in Sri Lanka, the paper goes on to discuss the key findings of the Study initiated by the HRC in relation to internal displacement in Sri Lanka. These findings refer inter alia to,
• the vulnerability of the IDPs as a result of their displacement that was found to affect every aspect of their livelihood;
• the lack of a coherent policy and a legal framework to provide effective protection for IDPs;
• the need to strengthen the capacity of the regional network of the HRC to intervene in issues relating to IDPs;
• the lack of a specified desk in the HRC’s main office to deal with complaints relating to IDPs etc,.

The paper then goes on to discuss the recommendations of the Study, which are addressed to the HRC as well as to the Government via the HRC. The recommendations to the HRC inter alia suggest that,
• the HRC as a first step should develop a policy on the role it intends to play with regard to IDPs;
• the HRC should establish a sub-committee or a desk at its main office, the focus of which should be to develop a policy in relation to IDPs and to oversee its implementation etc,.
It is also recommended that the HRC should urge the Government to set up a central body on internal displacement, which should have authority over all actors involved in the welfare of the IDPs. Some of the other recommendations that are addressed to the Government deal with, disarming of paramilitary groups, implementation of voluntary relocation programs, issues relating to relocation and resettlement, Government embargoes, legislative reform etc,.

The next segment of the paper critically analyses how the Sri Lankan Human Rights Commission’s experience in relation to internal displacement can be studied and made use of by other HRCs in the world faced with similar situations in relation to IDPs. The paper discusses in detail, the potential - though not necessarily the capacity - of HRCs to deal with the protection and promotion of the human rights of IDPs, given their location within the State machinery and their status as national institutions.

In conclusion, the author highlights a practical consideration. He emphasises that, the issue of whether these recommendations will be taken up or not and if so to what extent would depend heavily on “… the social and political context, the personalities and staff involved that direct these institutions and the type of engagement that civil society actors have with these institutions”.

Dr. Mario Gomez’s paper was originally published by the Brookings Institution – SAIS Project on Internal Displacement (Washington DC) in July 2002. Considering the valuable insights and recommendations made with regard to this timely issue, the paper is reproduced in this month’s Review. We acknowledge with gratitude, the support and cooperation of the Brookings Institution in this regard.