III. Use of Forced Labor

The LTTE's demands on the civilian population under its control are not limited to forced recruitment of fighters: all families are also forced to "donate" labor to the LTTE, mostly in projects involving the hazardous task of building LTTE military defenses. According to a confidential humanitarian report: "Civilians, including IDPs, are also required to do forced labor for the LTTE of 10 days every 3 months, duties include building bunkers close to areas of military activity."[30] A humanitarian official confirmed this practice to Human Rights Watch: "The LTTE call it 'voluntary service'-you have to go work on military projects, or you pay Rs 5,000 (US$50) to be exempted."[31] A UN interagency assessment mission in mid-October found that forced labor by the LTTE was continuing.[32]

According to a protection official familiar with current LTTE forced labor practices, the LTTE has increased its forced labor requirements in recent months. Currently, the LTTE requires each family to provide one family member to work between five and seven days per month, mostly constructing bunkers and other forms of military defensive structures for LTTE forces. The LTTE also has stopped accepting exemption payments from families in many areas of the Vanni, requiring each family to contribute labor.[33]

The LTTE also uses forced labor as a form of punishment. For example, when the LTTE was still providing passes to civilians to leave the Vanni, persons who obtained passes often had to leave other family members behind as "guarantors" to ensure they would return. If the person with the pass did not return as agreed, the "guarantor" would often be detained until the person who had left the Vanni returned, and in some cases would be required to engage in dangerous forced labor, such as digging military trenches, for months.[34]

International humanitarian law during internal armed conflicts places prohibitions on the use of forced labor. Relevant provisions of the Fourth Geneva Convention, which is reflective of customary international law, provide that civilians may not be compelled by the parties to the conflict to engage in work "directly relative to the conduct of military operations" or work that would involve them "in the obligation of taking part in military operations." For any work, payment of a wage is required.[35]