India,Sri Lanka and Tamil Nadu must Sign Memorandum of Understanding to End Refugee Status of Sri Lankan Refugees in India


By

S.C.Chandrahasan

(Text of letter addressed to the Prime Minister and concerned Ministers of India, Chief Minister of Tamil Nadu and concerned officials and the President of Sri Lanka and concerned persons focusing on issues relating to ending the protracted refugee status of Sri Lankan Tamil refugees accommodated in India)

We welcome the visit of Honourable Mr.Maithripala Sirisena, President of Sri Lanka to India for a meeting with Honourable Mr.Narendra Modi, Prime Minister of India during third week of February. We note with appreciation that issues pertaining to Sri Lankan Tamil Refugees in India would be discussed during this meeting.

Preceding the visit, the governments voiced their respective concerns, exchanged documents and sought additional information from each other regarding return of Sri Lankan refugees to their homeland. Refugees perceive this as a positive step in the context of long lasting demand of ending refugee status. We believe, a consensus has emerged among the governments on two points, i.e., (1) return should be voluntary based on well informed decision made by the concerned refugees, and (2) substantial resource commitment from Government of India guaranteeing economic resettlement in Sri Lanka.

It is our plea that the discussion amongst the governments – India, Sri Lanka and Tamil Nadu – should progress and eventually sign a MoU that shall facilitate provision of a package, implementation mechanism, constituting a fund and administrative framework for ending refugee status of Sri Lankan Tamil Refugees in India. As these require considerable time, we suggest certain interim measures could be taken up by the respective governments. These actions would immediately address some of the requests of the refugees. This is primarily to improve living prospects while they are in India and prepare the ground for resettlement in Sri Lanka.

Refugees should be given options to choose from three durable solutions that can end the refugee status. The three possible durable options for ending refugee status are: Voluntary Repatriation: voluntary return to Sri Lanka in safety, dignity and reintegration with an assurance of securing a livelihood; Local integration: local settlement and integration in India with appropriate agreement allowing refugees to enjoy all basic rights available to citizen of India; or Resettlement: third country resettlement to be considered for refugees for whom there is no other way to guarantee safety and security in Sri Lanka or India.

Political action is required now to facilitate refugees to choose voluntarily the option of returning to Sri Lanka. Inaction will continue the agony of refugee life in a protracted situation. We underline the importance of ending refugee status as early as possible with minimum inconvenience to all concerned.

The areas of focus for the time being are as follows:

In Sri Lanka:

1. Implementation of 13th amendment in its entirety
2. Proceed quickly on implementing LLRC recommendations that guarantees political right, economic development, peace building and harmony
3. Resettle remaining IDPs releasing their lands under army controlled areas
4. Remove police powers granted to army, their interference or presence in civil matters and patrolling of streets
5. Increase police strength with local recruits ensuring access to common man
6. Speedy disposal of cases or release of detainees
7. Redistribute military divisions
8. Granting of general amnesty to ex-combatants and speedy community based rehabilitation
9. Ensure returned IDPs and returned refugees avail benefits under various schemes and services, through specific administrative drive to reach out to the marginalised communities
10. Prepare and publish a document detailing rights and entitlements

In India, both diplomatic mission and governments of India and Tamil Nadu, should focus on the following:

A. Sri Lankan Deputy High Commission in India

1. Issue Sri Lankan birth certificates to those children born in India, accepting affidavits along refugee family card or police registration (for those who live outside camps and do not have camp registration documents)
2. Ensure that fees for documentation are waived and least inconvenience is caused
3. Speed up issuance of travel documents, including all country passport, and
4. Enhance capabilities at Deputy High Commission of Sri Lanka for bulk processing of applications
5. Formulate special and simplified procedure for the registration / issuance of consular birth certificates for refugees

B. Government of Tamil Nadu

1. Double monthly cash assistance and schedule revision periodically to compensate for inflation and increase in cost of living
2. Bulk processing for registering of marriage, birth and death
3. Regularise registration of refugees living outside
4. Skill training and entrepreneur development programmes
5. Relax roll call for those employed in other districts or states
6. Consider replacement or compensation for boats used for reaching Indian shores
7. Do all that is necessary to facilitate the clearing of backlog in the issuance of Sri Lankan Consular Birth Certificates

C. Government of India

1. Announce a generous package of assistance to refugees option to return to Sri Lanka
2. Waive overstay fees for all Sri Lankans in India
3. Grant work permit enabling Sri Lankan Refugees to be employed in private sector
4. Provide education loan for those pursuing higher education – arts / science, engineering, medical or paramedical courses
5. Institute scholarship fund or contribute to scholarship fund of OfERR to provide scholarships to refugees children based on merit and economic / social deprivation (women headed, orphans or deserted children)
6. Facilitate entrepreneurs aspire to set up micro and small industries / business services either in India or Sri Lanka
7. Grant Indian Citizenship to Sri Lankan refugees married to Indian Citizens if they opt for the same

The time has now come for precise political action, backed by a policy and well considered economic package. The refugees’ request that preparation of MOU, policy formulation and announcement of package should viewed as preparatory activities. An empathetic humanitarian approach is essential as the protracted refugee situation of Sri Lankan Tamils is a complex one and therefore, requires deft handling to end the refugee status.

We request a time to represent Sri Lankan Tamil Refugees’ voices and contribute to the process started by the governments to end the refugee status as early as possible.

Thanking you,

Yours Sincerely,


S.C. Chandrahasan

12.02.2015,