The Commission engaged in the drafting of the Guiding Principles consequent to a series of public dialogues where it was recognised that a crucial need exists to integrate human rights into the implementation of the Ceasefire Agreement between the Government and the LTTE. An important part of this is the acknowledgement by both parties that adherence to basic principles on human rights and international humanitarian law is mandatory during the period leading to a comprehensive agreement for a just and lasting peace in Sri Lanka.

Some of the main issues that arose at these dialogues were the need to define what rights violations come within the purview of the peace process, the putting into place of more effective and efficient monitoring mechanisms to respond to complaints, abductions/child conscriptions and extortion in LTTE controlled areas, difficulties encountered in the transit of goods to the North and allegations of harassment by the Army, problems concerning internally displaced persons and the inclusion of institutions such as the National Human Rights Commission into the monitoring process.

The Commission members comprise Dr Deepika Udagama, (chairperson/ SLFCDHR), Dr Wijaya Jayatilaka, Director/SLFI, Prof. Susirith Mendis, Mr Dietmar Kneitschel, Prof. S.T. Hettige, Ms Kishali Pinto-Jayawardena, Prof. Kamala Liyanage, Mr S. Balakrishnan, Ms Anberiya Hanifa and Mr Lalith Weeratunga. The Commission was assisted by Bavani Fonseka, a researcher at the SLFCDHR, in the drafting of the Guiding Principles.

(Between the Government of the Democratic Socialist Republic of the Sri Lanka, (GOSL) and The Liberation Tigers of Tamil Eelam, (LTTE), hereinafter referred to as "the Parties")

Part I
Basis, Scope and Applicability
Article 1
The Parties shall be guided by principles on human rights and principles of international humanitarian law set out in Part II below throughout the negotiations, including the formulation of a political settlement, which shall be the foundation of a peaceful resolution to the armed conflict in Sri Lanka.
Article 2
In this regard the Parties agree : (a) to respect and promote the human rights of all Sri Lankans under all circumstances, (b) to affirm and apply the principles of international humanitarian law in order to protect the civilian population and individual civilians, as well as persons who do not take direct part or who have ceased to take part in the armed hostilities, including persons deprived of their liberty for reasons related to the armed conflict.

Part II
Respect for Human Rights and International Humanitarian Law
Article 1
The Parties shall be guided by the basic principles and standards of human rights including:

1. The inherent and inalienable right of the people to establish a just , democratic and peaceful political and social order and to oppose and adopt effective safeguards against oppression and tyranny.

2. The right of every person to equal protection of the law and the right to be free of any form of discrimination, or incitement to such discrimination, on grounds such as race, ethnicity, gender, sex, belief, age, social origin, physical condition or civil status.

3. The right of the victims of violations and their families to seek redress for violations of human rights and humanitarian law, including adequate compensation or indemnification, restitution and rehabilitation, and effective sanctions and guarantees against repetition and impunity.

4. The right to life, liberty, particularly against arbitrary arrest and detention and to effectively avail of the writ of habeas corpus.

5.The individual and collective right of the people and of communities to be secure in their persons, houses, papers, and effects against arbitrary searches and seizures.

6. The right of every person not to be subjected to physical or mental torture, solitary confinement, rape and sexual abuse, and other inhuman, cruel or degrading treatment, and punishment.

7. The right of every person not to be held in servitude or to perform forced or compulsory labour.

8. The right of every person to substantive and procedural due process, to be presumed innocent until proven guilty……

9.The right of every person to freedom of thought and conscience, and to give expression to such belief in practice.

10. The right of every person to free speech, association and assembly.

11. The right of every person to free choice of domicile, freedom of movement and travel within the country and to leave the country without being subjected to arbitrary travel restrictions and to seek asylum.

12. The right not to be subjected to forced evacuations, food and other forms of economic blockades and indiscriminate bombings, gunfire and the use of landmines.

13. The right of every person to universal suffrage and the right to participate in public affairs irrespective of grounds such as race, ethnicity, sex, occupation, social origin, property, status, education, ideological and political or religious belief……..(cont….)

18. The equal right of every woman to participate in all fields of endeavour and in all spheres of political, economic, cultural, social and domestic life.

19. The right of every child to protection, care, especially against physical and mental abuse, prostitution, drugs, forced labour, conscription, and other similar forms of oppression and exploitation.

Article 2
According to the basic principles of international humanitarian law, the Parties shall not engage in the following acts:

1.desecration of the remains of those who have died in the course of the armed conflict or while under detention, and breach of duty to tender immediately such remains to their families or to give them decent burial;

2.withhold information regarding the identity, personal condition and circumstances of a person deprived of his/her liberty for reasons related to the armed conflict to the Parties, to enable them to perform their duties and responsibilities under the basic principles on human rights and international humanitarian law;

3. deny the right of relatives and duly authorized representatives of a person deprived of liberty for reasons related to the armed conflict to inquire whether a person is in custody or under detention, the reasons for the detention, under what circumstances the person in custody is being detained, and to request directly or through mutually acceptable intermediaries for his/her orderly and expeditious release; 4. maintain and support paramilitary groups;

Article 3
The basic principles and standards of international humanitarian law shall apply and protect the rights of persons, entities or objects involved or affected in any of the cases or situations cited hereunder.

1.The wounded and the sick shall be collected and cared for by the party to the armed conflict which has them in its custody or responsibility.

2.Neutral persons or entities and medical personnel, including persons of humanitarian and/or medical organizations like the International Committee of the Red Cross (ICRC), shall be protected and respected…….

3.All persons deprived of their liberty for reasons related to the armed conflict shall be treated humanely, …………Sufficient information shall be made available concerning persons who have been deprived of their liberty.

Such persons deprived of liberty shall be considered for safe release on humanitarian or other reasonable grounds.

4. Personnel and facilities of schools, the medical profession, religious institutions and places of worship, welfare centres and voluntary evacuation centres, programs and projects of relief and development shall not be the target of any attack. The persons of said entities shall be guaranteed their safety.

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