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Expressway
detour blocked at Geneva by residents A communication under the first optional protocol to the International Covenant of Civil and Political Rights was filed against Sri Lanka at the Office of the High Commissioner of Human Rights, Geneva on November 22. Forty villagers from Akmeemana have challenged the route alterations to the Southern Expressway that will permanently and involuntarily displace over 1000 persons. The communication alleged violations of the victim's human rights protected by Articles 26 (Equality before the Law) 6 (Right to Life) and 19 (2) (Freedom of Expression). It was filed with the assistance of the Public Interest Law Foundation (Sri Lanka) and the International Public Interest Defenders (Geneva). The communication also alleges the Asian Development Bank and the Japan Bank for International Cooperation (JBIC) have acted in consort with Sri Lankan State agencies to violate the human rights of the villagers. The villagers have also asked for interim relief to stay the project until the UNHCR hears and disposes of the case. Even though the villagers were compensated when the case was heard at the Supreme Court, they did not collect the payment since they felt that the proper procedure was not followed when adopting the new trace (route alterations) and were seeking a fresh review. The Supreme Court compensated them after holding the alterations were illegal and that fresh approval was required. It further ruled the illegality amounted to human rights violations of equality under the Sri Lankan Constitution and thus granted the compensation. The money has now gone into a trust fund. In addition to the Akmeemana residents, those in Galenigama too have followed up with legal action against the authorities with village organizations like "Gama Surakeeme Sanvidhanaya" in the forefront in trying to protect their rights. After an Environmental Impact Assessment (EIA) had been done for the expressway and approval granted for an identified route, the Road Development Authority had altered the route in two places - Akmeemana and Galenigama. The villagers had challenged the route alterations, arguing the alterations required fresh approval after a supplementary EIA and public hearings. |
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