7. The population of the country is approximately 17.2 million, mainly concentrated in the south-western wet zone. The population of the Northern and Eastern provinces accounts for about 14 per cent of the total population, with the Jaffna peninsula being the only really densely populated area. The population is growing at approximately 1.2 per cent per annum.

8. Sri Lanka is a patchwork of ethnic groups and religions. The population can be divided into the majority Sinhalese (74 per cent), the Tamils (18 per cent), the Muslims (7 per cent) and Burghers, the descendants of colonialists (1 per cent). Similarly, while the majority (69 per cent) are Buddhist, 16 per cent are Hindu, 7 per cent are Muslim and 8 per cent are Christian. Three languages are spoken: Sinhala, Tamil and English; almost all Sinhalese are Buddhist and speak Sinhala. Tamils are mostly Hindu and speak Tamil; they are comprised of "Ceylon" or "Jaffna" Tamils (69 per cent), with a long history on the Island, and "Indian" or "estate" or "plantation" Tamils, descendants of labourers brought from southern India under British rule to work on coffee, tea and rubber plantations. The Muslims speak mostly Tamil but are distinguished by their religion.

9. In most of the country the Sinhalese form the majority. In the northern districts (including the Jaffna peninsula), the Ceylon Tamils are the largest community. The Indian Tamils reside mainly in the hill country in the central part of Sri Lanka. In the east, while Tamils and Muslims used to inhabit the area until the twentieth century, it is said that today all three communities are equally represented in terms of numbers. There are substantial Tamil and Muslim communities in the rest of the country, although they are in the minority there.

10. Sri Lanka was colonized successively by the Portuguese, the Dutch and the British, although it was the British who finally brought the whole country under a centralized system of government. However, each colonial power left its imprint upon Sri Lankan society in a variety of ways, including differential access to education and economic opportunity, often according to religion, linguistic and/or ethnic origin.

11. Before independence, under two centuries of British colonial rule English was the language of commerce and administration. The majority of Sri Lankans were therefore excluded from the process of government, but because English served as a bridge language between ethnic groups, minorities, particularly Tamils, filled many civil service positions. In the British colony, Tamils on the whole enjoyed better education, and were thus frequently employed under the British-run administration.

 12. Since independence in 1948, the primary conflict has been between the Sinhalese and Tamils. Following independence a progressive rejection of at least parts of the Island's colonial inheritance and domestic rivalries served to accentuate ethnic and religious divisions within the country. Because of their overwhelming majority, the position of the Sinhalese became more dominant while the Tamils became increasingly marginalized. During the initial stage of the conflict, the question of language rights was the key area of contention between these communities. Sinhalese activists charged that English-educated minorities wielded disproportionate power on the national level, and that Buddhism and the culture associated with it lacked protection as long as its supporters were excluded from governing. Tamil activists, on the other hand, resented a perceived tendency on the part of Sinhalese partisans to equate their own ethnic nationalism with Sri Lankan nationalism.

13. What began as a struggle for cultural affirmation, political representation, economic advancement and linguistic parity between Sinhalese and Tamils ended in violence and armed conflict. The overriding political issue in Sri Lanka therefore became the demand by some Tamil groups for an independent Tamil State ("Ealam") comprising the Northern and Eastern provinces of the country.

14. The 14-year-old armed conflict in the north and east of Sri Lanka continues to be costly in human and economic terms. Over 50,000 persons have lost their lives, many more have been injured and over half a million are internally displaced.

15. With regard to the political developments since independence to 1993, the Special Rapporteur would like to refer to the report of the Representative of the Secretary-General on internally displaced persons, Mr. Francis Deng, submitted to the Commission on Human Rights pursuant to his mission in Sri Lanka in November 1993 (E/CN.4/1994/44/Add.1, paras. 14-21 and 26-34).

16. After the April 1994 elections, the newly appointed Government, the people's Alliance (PA), initiated a process of negotiations with the Liberation Tigers Of Tamil Ealam (LTTE). The talks were suspended in October 1994 after Gamini Dissanayake, presidential candidate for the United National Party (UNP), and more than 50 others were killed at an election rally by a suicide bomber suspected of belonging to the LTTE. The delegations met again in Jaffna in early 1995 and on 8 January a cessation of hostilities agreement came into force. However, on 18 April 1995 the LTTE withdrew from the talks and renewed its attacks. In the following months, the fighting between the security forces and the LTTE intensified.

17. The Government of Sri Lanka announced on 18 May 1995 a "war for peace". The state of emergency, which had been briefly lifted at the time of the elections in 1994 and reimposed in the north and east and in Colombo and surrounding areas after the killing of the UNP presidential candidate in October 1994, was gradually extended to other parts of the country. The state of emergency was initially reinstated in parts of Gampaha district in June 1995 but was extended throughout Gampaha district in September 1995, and to parts of Moneragala district in December 1995. In mid-April 1996, it was imposed throughout the country.

 18. The Government also reintroduced some of the security measures that had been abolished (fully or partly) after it came to power. On 20 April 1995, two days after the LTTE withdrew from negotiations, a ban on the transport of certain items (including cement, batteries and motor vehicle spare parts) to the areas under LTTE control was reintroduced. In addition, the lagoon separating the Jaffna peninsula from the rest of the country and the coastline of all districts in the north and east were declared a "prohibited zone" and the use of force or firearms for its enforcement was authorized.

19. During the Special Rapporteur's stay in Sri Lanka, he was informed that the army was continuing Operation "Jaya Sikuru" which was launched by the Government on 13 May 1997 in order to control the main road from the south to the north of the country.

B. Visit to Jaffna

20. The Jaffna peninsula in northern Sri Lanka has been under the control of the Liberation Tigers Of Tamil Ealam (LTTE) since mid-1990. Between July and December 1995 the security forces undertook two large military operations, code-named "Operation Leap Forward" and "Operation Riviresa (Sunshine)", in the western half of the Jaffna peninsula, including Jaffna town, the LTTE stronghold in the north. They took control of the town in early December. Further large military operations ("Operations Riviresa II and III") were launched in April and May 1996, resulting in the security forces taking control of the eastern side of the peninsula.

21. During the late 1995 offensive, the LTTE ordered civilians to vacate the area, including Jaffna town. Several people recounted to the Special Rapporteur how they hurriedly left Jaffna after the LTTE announced over loudspeakers on 30 October that everybody had to leave by midnight. The Special Rapporteur was told that those who refused to leave were forced to by intimidation.

22. The Jaffna peninsula, which returned under Government control in early 1996, is now experiencing a process of resettlement and rehabilitation. The present population is around 470,000 persons but continues to increase progressively with the return of internally displaced persons (IDPs) from the adjacent Vanni region. Over 300,000 people are dependent upon free government dry food rations, including 60,000 people who are still displaced within the peninsula (UNDP figures).

23. While in Jaffna, the Special Rapporteur met with Major General P.A. Karunatilake, the military commander in charge of the peninsula, and the military commander in charge of the Valikamam (the western part of the peninsula) and their respective staffs; the recently appointed Magistrate of Jaffna; the coroner and several lawyers including representatives of the Bar Association of Jaffna. Unfortunately, and despite his specific request, the Special Rapporteur was not able to meet with representatives of the police department in Jaffna. With respect to deaths in the course of armed confrontation, the Special Rapporteur was told by the military authorities that in the Jaffna area, between January 1997 and August 1997, 32 civilians, of whom 40 per cent were women and children, were killed; 68 LTTE members and 41 security officers were also reportedly executed.

 24. The Special Rapporteur wishes to note that while in Jaffna town, and despite the curfew which is still in force from 8 p.m. to 5 a.m., he generally observed that during daylight, there were visible signs of an easing of tension in the life of the people. However, although there has been a re-establishment of a government administration in the Jaffna peninsula, the military remain in control of the city.

25. By the time of the Special Rapporteur's visit in September, conditions had improved but concern about the freedom of movement, fear of disappearances, arbitrary arrests and executions remained. According to people in Jaffna, the fact that they are Tamils casts suspicion on them, regardless of whether they are sympathizers to LTTE or not.

26. The security forces, comprised of members of the army and the police, are 99 per cent Singhalese, do not speak Tamil, which is the language of the local population, and very often treat the local population with suspicion. This amplifies the sense of an army occupation and exacerbates the already existing feeling of alienation.

27. With regard to the freedom of movement in Jaffna, the military has put into place checkpoints throughout the streets of the city to control the movement of civilians; the inhabitants are systematically inspected several times a day. For Tamils, travelling from Jaffna peninsula to other parts of the country involves such complicated procedures that it is virtually impossible, in particular for people wanting to travel to Colombo. A pass system involving the issuing of residence passes, day passes, week passes and passes for travel to Colombo has been in place since 1991. Furthermore, the military told the Special Rapporteur that for security reasons it had instituted procedures for people crossing from territories controlled by the LTTE to territories controlled by the security forces. People who arrived from LTTE-controlled areas were often described as "defectors" by the military, who were apparently unclear about how to process their cases.

28. The judiciary and the courts in Jaffna did not function for almost 10 years, from 1986 to 1996. During the Special Rapporteur's visit, he was told that only Jaffna Court was functioning.

Meeting with the Magistrate

29. During the Special Rapporteur's meeting with the Magistrate in Jaffna, he was told that the Office had reopened on 1 March 1996. By the time of the visit, there was one Magistrate and three judges (one in Jaffna, one in Mailakan and one in Kayts). They deal with all civil and criminal cases. According to the Magistrate, most of the criminal cases concern trade in illicit liquors and disputes over lands.

 30. With regard to the number of extrajudicial killings in Jaffna, the Magistrate indicated to the Special Rapporteur that 38 cases had been filed, resulting from confrontations reported by the police, with his Office for the period January to September 1997. With respect to such cases, a post-mortem examination is carried out and the Magistrate receives the report. After a post-mortem, the Magistrate cannot automatically deliver a death certificate; an inquiry is needed. Of the 38 cases, 31 involved murders which fell under the Emergency Regulations and thus, without any inquiry, they were sent to the Deputy Inspector General of Police. As a result, the Magistrate was unable to deliver death certificates to the families, because there was no registration of the deaths. As such, families cannot receive any compensation. The Magistrate added that the bodies of the terrorists are not given back to the families and that he had no records of death of women or children under the Emergency Regulations; all such deaths were determined to have occurred under the normal regulations.

31. With regard to detention cases, the Magistrate reported that there were no cases of death while in custody and that every two weeks he receives a list of persons in detention; according to a list received in August, the number was 31 persons. However, the Magistrate was not informed when a person was moved from one centre of detention to another.

32. Finally, the Magistrate indicated that since March 1996, he had not been aware of any reports of mass graves in Jaffna peninsula, but even if a mass grave was discovered, he would not automatically be informed.

33. During the Special Rapporteur's stay in Jaffna there were reports of arbitrary arrests, torture, disappearances and extrajudicial executions, several of which were attributed to military forces. They are discussed below under the relevant subject headings.

C. Visit to Batticaloa

34. During the Special Rapporteur's short stay in Batticaloa, he felt that the situation was tense and was told that regular security incidents, resulting sometimes in the death of civilians, were occurring in Batticaloa and its surroundings. The Special Rapporteur noticed that although there was no curfew in force in the city, the local population was not yet ready to walk in the streets after dark. All the representatives of non-governmental organizations and other individuals declined to meet with the Special Rapporteur after dark. Only one representative of an NGO agreed to meet with the Special Rapporteur in the evening, on the condition that the meeting took place at his private residence. While travelling to the meeting place, at about 7 p.m., the Special Rapporteur noticed that his car was the only one on the road. He also felt the nervousness of the soldiers at the several checkpoints through which his car had to pass.

35. These are the results of the LTTE's low-intensity, guerrilla-style war in that region, mainly in rural areas. After dark much of the countryside is allegedly at their mercy, with the killing of soldiers and civilians considered to be traitors not uncommon.

36. In Batticaloa, the Special Rapporteur was told by the military staff that many areas were gradually being pacified and "cleared" and that the rebels were now confined to the jungles in the interior. However, a few days before his arrival, the LTTE had shelled some parts of the city. He also noticed that every morning, soldiers had to clear the main road leading to the city in order to ensure that no mines had been planted during the night. In this regard, he noticed that no vehicle could leave the town before 10 a.m.

 The judiciary in Batticaloa: meeting with the lawyers

37. While in Batticaloa, the Special Rapporteur met with representatives of the Bar Association and the Additional Magistrate. During the meeting, he was told that 25 lawyers of different origins (Muslims, Tamils and Singhalese) were officiating in Batticaloa district. Among them were three women. They reported on several cases of arbitrary arrests.

38. When persons are arrested under the Emergency Regulations Act (ERA) or Prevention of Terrorism Act, the accused are not informed about the charges and during the investigations the authorities present their own version of the facts, but not the version of the accused. There are repeated allegations of confessions extracted under torture. When the suspect is Tamil, the statement of the confession is written in Singhalese, a language that the victim often does not understand. In most of these cases, the Special Rapporteur was told that the only interest of the police is to get the statement of the confession signed, so the accused can be sent directly to the High Court.

39. With regard to cases of executions, the Special Rapporteur was told that families are reluctant to claim the body of their relatives. Close relatives who want to claim the body of the victim are required to declare that the victim was a terrorist. Failure to do so will result in the body not being given to the family. Due to these conditions, families are afraid to claim the body, and several bodies remain unclaimed.

40. Post-mortem reports are drawn up in respect of those deaths which fall under the ERA. For the first eight months of 1997, the Special Rapporteur was told that 35 cases had been investigated. However, when the police bring the bodies to the hospital and the Magistrate asks for the file, it is often said that the person had been killed in the course of an armed confrontation. It is the police who decide whether or not a case of execution falls under the ERA. The police also have the right to keep the body.