VI. Recommendations

To the Government of Sri Lanka

Cease all attacks that violate the laws of war, including artillery bombardment and aerial bombing that does not discriminate between military targets and civilians, or that causes expected harm to civilians and civilian objects that is disproportionate to the anticipated military gain. Investigate and prosecute as appropriate military personnel, regardless of rank, who commit serious violations of the laws of war, which are war crimes.

Cease attacks on hospitals, including makeshift hospitals. Hospitals used to commit hostile acts are only subject to attack after a reasonable warning has been given that goes unheeded.

Cease attacks using weapons, such as multi-barrel rocket launchers and heavy artillery, which are indiscriminate when used in or near densely populated civilian populations.

Cease justifying unlawful attacks on civilians on the spurious ground that civilians who are not in so-called "safe zones" may legitimately be attacked. Violations of the laws of war by the LTTE do not justify attacks by government security forces in violation of the law.

Facilitate the immediate creation of humanitarian corridors to allow civilians trapped by the fighting to travel to areas away from the fighting.

Immediately lift the September 2008 order barring humanitarian agencies from the Vanni conflict area in northern Sri Lanka and allow humanitarian agencies to return to assist at-risk individuals and reach all civilians in need. Restrictions on relief should be made on a case-by-case basis and only when there is a specific and justifiable security reason for the restriction. Refusals for valid security reasons should only be for as long as necessary and should not block legitimate humanitarian assistance.

Allow independent observers, including journalists, access to conflict zones so that accurate and timely information about the situation of civilians in such areas is publicly available.

Instruct security forces to respect and protect humanitarian aid personnel and their facilities, supplies, and transportation. Personnel who commit abuses against humanitarian organizations and their staff should be disciplined or criminally prosecuted as appropriate.

Ensure that nongovernmental organizations (NGOs) are able to perform their work without arbitrary government interference: regulation of NGO activities should comply with international standards, be transparent, and follow clearly defined procedures. Registration should ultimately facilitate the work of NGOs and should neither disrupt legitimate NGO activities nor put NGO workers at risk.

Work with donor governments to establish an international human rights monitoring mission under United Nations auspices to monitor violations of human rights and international humanitarian law by all parties to the conflict.

Abide by the United Nations General Principles on Internal Displacement, including by permitting the freedom of movement of displaced persons, respecting the right of displaced persons to return to their homes, and permitting humanitarian agencies access to displaced persons.

Permit humanitarian agencies to monitor the intake of displaced persons at checkpoints, such as at Omanthai.

Immediately end the arbitrary and indefinite detention of civilians displaced by recent fighting at the Kalimoddai, Sirunkandal, and Menik Farm camps in northern Sri Lanka, and at other proposed camps.

Make public the names of all persons detained by the military and police under Emergency Regulations and other laws, and provide those detained prompt access to their families and legal counsel.

Stop preventing civilians from leaving areas under LTTE control. Respect and facilitate the right to freedom of movement of civilians, including the right of civilians to move to government-controlled territory for safety.

End all deliberate attacks on civilians, such as on civilians who are seeking to flee LTTE-controlled areas. Appropriately punish individuals responsible for such attacks.

Do not use civilians as "human shields," and take all feasible steps to avoid placing military targets near civilians.

Facilitate the immediate creation of humanitarian corridors to allow civilians trapped by the fighting to travel to areas away from the fighting.

Provide United Nations and humanitarian agencies safe and unhindered access to areas under LTTE control, and guarantee the security of all humanitarian and UN workers, including Vanni residents working as humanitarian or UN staff.

Urgently seek a special session of the UN Human Rights Council on the situation in the Vanni and violations of international humanitarian law by all parties to the conflict.

Speak out publicly and in private meetings with Sri Lankan authorities and other concerned officials on the situation in the Vanni. Insist that the government adhere to its international legal obligations on human rights and humanitarian matters.

Urge the government to withdraw its September 2008 order and allow humanitarian agencies access to the Vanni so that they can provide urgent humanitarian assistance and help provide civilian protection.

Urge the government to ensure the protection of displaced persons, regardless of ethnicity, and end arbitrary detention. Press the government to follow the UN Guiding Principles on Internal Displacement, which provide that, consistent with the right to liberty, internally displaced persons "shall not be interned in or confined to a camp."

Urge the government to allow the UN and its agencies to conduct a strategic, long-term needs assessment of displaced civilians in the north and permit a follow-up program to implement these needs.

Press the government to allow independent observers, including journalists, access to conflict zones so that accurate and timely information about the situation of civilians in such areas is publicly available.

Work with the Sri Lankan government to establish an international human rights monitoring mission under United Nations auspices to monitor violations of human rights and international humanitarian law by all parties to the conflict.