UPDATE (Sri Lanka): Urban Development Authority ignores National Human Rights Commission recommendations for Oliyamulla evictees 

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that in spite of recommendations issued by the National Human Rights Commission (NHRC) of Sri Lanka February 2004 in favor of the evicted people of Oliyamulla, Wattala, nothing has been done to implement the recommendations.

The Commission recommended that the Urban Development Authority provide the petitioners with alternate accommodation and adequate compensation. Further, the Commission recommended that the Urban Development Authority establish an independent mechanism under the supervision of an independent government authority to assess each individual case within six months. It has now been five months with no affective action or response by the authority.

AHRC strongly supports the NHRC recommendations and urges the Sri Lankan government and authorities to implement the recommendations and provide redress to the people of Oliyamulla, who were brutally evicted from their homes. Your urgent intervention in this matter is required.

Urgent Appeals Desk
Asian Human Rights Commission
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CASE DETAILS:

The eviction that took place on 11 July 2002 made 168 families homeless when Urban Development Authority bulldozers came and demolished 108 houses. The people living there had paid tax to the local authorities, as had been the agreement when they were allocated the land two years earlier. When accepting the land, the authorities promised them that their ownership would soon be regularized.
At the time the bulldozers arrived, most of the inhabitants were away at work or school, but the remaining few were given three hours to leave the place before their houses and belongings were bulldozed to the ground. For 10 days thereafter, the homeless people lived along the highway from Colombo to the airport. People in the neighborhood supplied them with food and drink.

The case was eventually presented to the National Human Rights Commissions. Representatives visited the place and made inquires and told the people to go back to the same place and rebuild their homes. But on 24 July 2002 the police re-evicted the people for the second time. In the evening they took residence at the Sudarmaramaya Temple in Telengapatha, Wattala. They stayed there for two weeks. Those who could move to relatives or friends elsewhere did so.

On 2 September 2002 they tried to re-enter the land with the permission of the National Human Rights Commission, but the police ignored the decision of the NHRC, and rather threatened to arrest anyone who entered the land. The next day, 3 September 2002, government officials promised alternative land to the people and they moved to Galagahawatta in Kerawalapitiya. Although this alternative land was marshy, the officials promised to fill it up to make it habitable. However, people continue to live in sub human conditions, with no access to water and no school for the children to attend, even though on 5 September 2002 the Divisional Secretary visited the premises and promised to provide water. The officials were however unable to proceed because a certain politician had not given his approval. Activists, priests and monks visited the politician to urge him to settle the matter. The Divisional Secretary maintains that to settle the issue the people should withdraw the cases filed against the police and the Urban Development Authority (UDA).

Finally in February 2004, after several months of deliberation, the NHRC issued a report regarding the complaint by the Oliyamulla people (Ref. No. HRC/803/01/7(1)). The report recommended that the Urban Development Authority provide the petitioners with alternate accommodation and adequate compensation. Further, the Commission recommended that the Urban Development Authority establish an independent mechanism under the supervision of an independent government authority to assess each individual case within six months. It has now been five months with no affective action or response by the authority.

In addition to the above recommendations, AHRC believes it vital to educate and raise awareness on the issue of the Right to Adequate Housing as mentioned in article 25 of the Universal Declaration of Human Rights, article 11 of the International Covenant on Economic, Social and Cultural Rights, article 14 of the Convention on the Elimination of All Forms of Discrimination against Women and article 27, number 3 of the Convention on the Rights of the Child.

SUGGESTED ACTION:

Please send a letter, fax or email to the addresses below and express your concern of this case.

1. Mr. Gamunu Silva
Chairman
Urban Development Authority
7th floor, Sethsiripaya, Battaramulla, Sri Lanka
Tel: +94-112-873645
Fax: +94-112-877572
Email: chairman@uda.lk

2. Mr. Dinesh Goonawardene
Minister of Urban Development and Water Supply
Sethsiripaya
Sri Jayawadenepura, Kotte,
Battatamulla, Sri Lanka
Tel: +94-112-862368
Fax: +94-112-883882

3. Ms. Chandrika Bandaranaike Kumaratunga
President
Democratic Socialist Republic of Sri Lanka
Presidential Secretariat
Colombo-1, Sri Lanka
Fax: +94-112-333 703

4. Hon. Mr. Mahindra Rajapakse
Prime Minister
Cambridge Place, Colombo 7
SRI LANKA
Fax: +94-112-682905 / 575454

5. Mr. Ranil Wickremasinghe
Leader of the Opposition
Parliament Sri Jayawadenepura, Kotte
Sri Lanka
Tel: +94-112-777285 / 777261
Fax: +94-112-777 257

6. Dr. Radhika Coomaraswamy
Chairperson
National Human Rights Commission of Sri Lanka
No. 36, Kynsey Road, Colombo 8
SRI LANKA
Tel: +94-112-694 925 / 673 806
Fax: +94-112-694 924 / 696 470

7. Special Rapporteur on adequate housing
Mr. Miloon Kothari
Room 4-066
UNOG-OHCHR
1211 Geneva 10, Switzerland
cmoller@ohchr.org
Fax: +41 22 917 90 10

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