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Human rights: Conflict in Sri Lanka, persecution of Burmese refugees, extradition of Cesare Battisti

Civilians caught in deadly crossfire between the Sri Lankan Government and rebel group Tamil Tigers, the persecution of the Rohingya people of Burma, and the refusal to extradite convicted murderer Cesare Battisti by the Brazilian authorities, were the subjects of three resolutions on democracy and human rights adopted at the end of this week's Strasbourg plenary session.

Trapped civilians killed in conflict zone in Sri Lanka

The capture of rebel strongholds by the Sri Lankan army "may constitute a turning point in the crisis" and could pave the way for peace and stability, says Parliament, but warns that a political solution needs to be found and the humanitarian crisis addressed in order for there to be lasting peace.

Over a period of 25 years, fighting between the armed insurgency of the LTTE (Tamil Tigers) and the Sri Lankan Government has caused the deaths of over 70 000 people. Since the beginning of the government's military offensive in October 2008, the LTTE has retreated into the northern area. However, civilians have been forced deeper into territory controlled by the separatist group, leaving hundreds dead and some 250 000 civilians caught in deadly crossfire.

MEPs call on the government and the LTTE to "abide by the rules of war, to minimise harm to civilians during military operations and to immediately allow the thousands of civilians trapped in the conflict zone safe passage and access to humanitarian aid".

They also underline the need for international monitors to "assess the humanitarian needs of a quarter of a million people trapped in the Wanni region and to ensure proper distribution of food and other humanitarian assistance, particularly as the fighting comes closer to the trapped civilian population".

Violations of media freedom, abuse of children and landmines

According to the International Press Freedom Mission to Sri Lanka, press access in the conflict zone has been denied, journalists covering the conflict have been assaulted or intimidated, and there has been self-censorship by the media. The EP welcomes the Sri Lankan Government's pledge to ensure full, open and transparent investigations into all alleged violations of media freedom in order also to "address the culture of impunity and indifference over killings and attacks on journalists in Sri Lanka".

Turning to other areas of concern, Parliament reiterates its condemnation of the "appalling abuse of children constituted by the recruitment of child soldiers" by rebel groups, and urges the government to give urgent attention to the clearance of landmines, "the presence of which may present a serious obstacle to rehabilitation and economic regeneration".

Tokyo Co-Chairs call for lasting political solution

The EP endorses the statement by the Tokyo Co-Chairs (Norway, Japan, the US and the EU), which calls on the LTTE to discuss with the Government of Sri Lanka the "modalities for ending hostilities, including the laying down of arms, renunciation of violence, acceptance of the Government of Sri Lanka's offer of amnesty, and participation as a political party in a process to achieve a just and lasting political solution".

The resolution concludes by calling on the Council, the Commission and the Governments of the Member States to "redouble their efforts to help bring a stable and just peace to Sri Lanka and to restore security and prosperity".

Persecution of Rohingya refugees

In a resolution on the situation of Burmese refugees in Thailand, Parliament deplores reports of inhumane treatment inflicted on the Rohingya refugees by the Burmese Government and urges the Government of Thailand to "take all necessary measures to ensure that the lives of the Rohingya are not at risk and that they are treated in accordance with humanitarian standards".

MEPs strongly condemn the "continuous persecution of the Rohingya by the Burmese Government, which holds prime responsibility for the plight of the refugees". The indigenous people of the mainly Muslim community in western Burma are subjected to systematic, persistent and widespread human rights violations by the ruling military regime, including denial of citizenship rights, severe restrictions of freedom of movement and arbitrary arrests.

The EP demands the "restoration of the Burmese citizenship of the Rohingya, the immediate lifting of all restrictions to their right to education, right to get married and freedom of movement, a stop to religious persecution and destruction of mosques and other places of worship, and an end to all human rights violations across the country as well as deliberate impoverishment, arbitrary taxation and land confiscation".

Rohingya refugees face persecution if pushed back

It has been reported that around 1000 Rohingya boat people were intercepted by the navy in Thai territorial waters between 18 and 30 December 2008 and were subsequently towed into international waters without navigational equipment or sufficient food and water.

MEPs appeal to the Government of Thailand, as "a respected member of the international community well-known for its hospitality towards refugees", not to push back the Rohingya refugees and asylum seekers, including the boat people, to Burma, where "their lives will be in danger or where they may be subject to torture".

Mistreatment of Rohingya by Thai authorities to be investigated

The United Nations Refugee Agency has voiced its concern about the reports of mistreatment of the Burmese refugees and gained access to some of the 26 Rohingya still kept in custody by the Thai authorities. The Thai authorities claim that the migrants caught in Thai waters were illegal economic migrants. Parliament therefore welcomes the statement by Thai Prime Minister Abhisit Vejjajiva that the allegations of mistreatment of Rohingya asylum seekers by the military will be investigated, and requests that a "thorough and impartial inquiry be carried out".

It also welcomes the Thai Government's co-operation with the United Nations High Commissioner for Refugees and calls for "immediate and full access to all the detained Rohingya boat people in order to define their protection needs".

Boat people a regional issue

The resolution stresses that the boat people issue which affects Thailand and other countries is "essentially a regional one". Noting the positive efforts the Thai Government has made to increase co-operation among regional neighbours, the EP appeals to the members of ASEAN, and in particular the Thai Chair and relevant international organisations, to work on a permanent solution to this longstanding problem.

Refusal to extradite Cesare Battisti from Brazil

The Brazilian Government's decision to grant political refugee status to Italian felon Cesare Battisti may be "interpreted as a sign of mistrust towards the European Union", says Parliament. It hopes that the Brazilian authorities, on re-examining his political asylum status, will found their decision on the common principles of respect and rule of law shared by Brazil and the European Union.

Cesare Battisti was convicted in absentia by the Italian judicial authorities of four murders, involvement in an armed group, robbery, possession of fire-arms and armed acts of violence. He went into hiding until he was arrested in Brazil in March 2007.

On 17 January, 2009, Mr Battisti was declared a political refugee by the Brazilian Government, and his extradition has been denied on the grounds that the Italian justice system fails to provide sufficient guarantees in respect of detainees' rights.

However, judicial proceedings are pending and the final decision of the Brazilian authorities should be known in the coming weeks.

EU-Brazil partnership based on mutual understanding

MEPs point out that the partnership between the EU and Brazil is based on "the mutual understanding that both parties will uphold the rule of law and fundamental rights, including the right of defence and the right to a fair and equitable trial".

Parliament therefore trusts that the re-examination of the decision on the extradition of Mr Battisti will "take into account the judgment delivered by an EU Member State in full compliance with the principle of the rule of law in the European Union".

MEPs observed a minute of silence in tribute to those killed at the hands of Cesare Battisti.

The resolution was adopted by 46 votes to 8.

Contact

Karen Lindsay
Press service
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Jack Blackwell
Press service
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