Sri Lanka: A copy of the Immigrants and Emigrants (Amendment) Act No. 42 of 1998; reports confirming that Tamils have recently been arrested under this law; the reasons for the arrests; how long they are detained if arrested; their treatment while in prison; and information on the newspaper Tamil Guardian
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 July 1999 |
| Citation / Document Symbol | LKA32205.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Sri Lanka: A copy of the Immigrants and Emigrants (Amendment) Act No. 42 of 1998; reports confirming that Tamils have recently been arrested under this law; the reasons for the arrests; how long they are detained if arrested; their treatment while in prison; and information on the newspaper Tamil Guardian, 1 July 1999, LKA32205.E, available at: https://www.refworld.org/docid/3ae6abd82f.html [accessed 22 October 2022] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The Research Directorate was unable to obtain a copy of the Immigrants and Emigrants (Amendment) Act No. 42 of 1998.
According to the February 1999 Sri Lanka Monitor,
[Batticaloa TULF] Tamil MP Joseph Pararajasingham says that the 1998 amendment to the Immigrants and Emigrants Act is draconian and particularly affects Tamil youths who flee persecution. There is no bail for offences under the Act. The amendment disallows suspension of sentence and removes discretion of the courts. The British Home Office says that the amendment was introduced in July last year in response to pressure from foreign governments who wanted a clamp down on human smuggling.
The amendment has increased the prescribed punishment and provides for mandatory imprisonment of one to five years and fine of Rs 50,000 to Rs 100,000. The MP told Parliament in mid-February that over 100 young Tamil men and women, arrested at Colombo airport before their journey abroad, have been convicted on charges of attempting to leave the country illegally, imprisoned for a year and in addition ordered to pay a fine of Rs 50,000. Colombo Tamil newspaper Virakesari has reported two instances where Tamil asylum-seekers detained on arrival in Sri Lanka after being deported from abroad, have been denied bail.
The following month, Pararajasingham was reported to have sent a letter of appeal to the Norwegian government in which he stated that "Tamils are arrested at the airport under the Immigrants and Emigrants (Amendment) Act No. 42 of 1998, which disallows bail, provides for mandatory sentence and removes discretion of courts against the concept of free trial" (Sri Lanka Monitor Mar. 1999).
The Research Directorate was unable to obtain additional and/or corroborating information of the 13 March 1999 TamilNet article that was reproduced in the 27 March 1999 Tamil Guardian on the arrests of Tamils under the Immigrants and Emigrants (Amendment) Act No. 42 of 1998. Please consult LKA28923.E of 12 March 1998 for brief information on TamilNet.
According to the Tamil Guardian International Website, one must subscribe to the Tamil Guardian, which can be contacted at
P.O. Box 16226
London NW9 6WN
United Kingdom
Tel.: (011-44-181) 674-4920
E-mail:
The Research Directorate was unable to contact the editorial staff of the Tamil Guardian.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Sri Lanka Monitor [London]. March 1999. "Repatriation from Norway and Germany."
_____. February 1999. "Draconian Law."
Tamil Guardian International [London]. 5 June 1999. "Contact Us."
Additional Sources Consulted
Country Reports on Human Rights Practices for 1998. 1999.
Electron search engine.
Google search engine.
High Commission for the Democratic Socialist Republic of Sri Lanka, Ottawa.
Metacrawler search engine.
Sri Lanka Information Monitor: Situation Report [Colombo]. Monthly . June-September 1998, January-May 1999.
Sri Lanka Monitor [London]. Monthly. June-August 1998; March-April 1999.
Sri Lanka News Update [Colombo]. Daily. 1 May 1998-present. [Compiled by the Ministry of Foreign Affairs.
The Sunday Leader [Colombo]. Weekly. 5 July 1998-27 September 1998, February 1999.
Electronic sources: CISNET, Internet, IRB Databases, REFWORLD.
Non-documentary sources: Unsuccessful attempts to contact
- the editorial bureau of the Tamil Guardian in London, UK.
- Amnesty International, International Secretariat, London, UK.
