The High Commissioner Australian High Commission Colombo
Your Excellency,
Re: concern over the plight of the asylum seekers being handed over to Sri Lanka
We the TCSTrincomalee are deeply concerned over the issue of the asylum seekers being deported from your country to Sri Lanka. The news has it by various media reporting that 153 persons of one boat and another with 50 persons are being handed over to the Government of Sri Lanka. Further, your Prime Minister too had acknowledge this fact and the minister for immigration is due to visit Sri Lanka in the coming days.
Our concerns are manifold. Having observed from various media reports and the initial denial or a silence from the persons responsible from both the countries, this has resulted in a shroud of mystery.
There are speculations over whether both countries are violating the laws and norms of International laws as well violating the rights of the refugees/asylum seekers.
From the media, we are made aware that these persons had already sought refuge to India initially and from India they have ventured into seeking asylum to your country.
In fairness, if at all, they ought to have been sent back to India from where they commenced travel. It is assumed that fearing for their life and safety; they had left Sri Lanka some time back and still fearing to return having known the situation in the country has not improved had made this move.
Your Excellency is well aware that though the war had concluded, the conflicts are not over for the minorities in this country as the recent events had unfolded. The minority communities are feeling more unsafe in this country.
In this context, we regret to note that your Prime Minister has stated that there is peace in Sri Lanka. It looks that he has been ill informed about the situation in Sri Lanka and what the minority communities are facing.
Having said all these, since your country is handing over those arrested to the Sri Lanka Navy, it is our earnest plea in the name of justice that: Your Government releases the names of all those persons being handed over to the Sri Lanka Navy The concerned fellow citizens and the kith and kin of those who are either in India or in Sri Lanka have a right to know those who had been arrested and held in detention. For the due process of law to be observed, it is mandatory that no person is to be held incommunicado If there are children in this group of persons, their rights under the CRC is being violated. If there are women in the group of persons, they become much more vulnerable in this context
Therefore, we request that your Government make publicly known the names of all those persons being handed over to the Government of Sri Lanka. This will facilitate the legal process and ease the anxiety and agony of the kith and kin of those arrested at mid sea.
On behalf of the Tamil Civil Society Trincomalee
Fr.V.Yogeswaran, S.J. Director, Center for Promotion and Protection of Human Rights, Trincomalee, Sri Lanka.