2007 - IDP SriLanka
2007 - IDP SriLanka
2007 - IDP SriLanka
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Annual Report<br />
<strong>2007</strong><br />
CAPACITATING PROTECTION MECHANISM<br />
CAPACITATING <strong>IDP</strong>S AND THEIR ENVIRONMENT<br />
LEGITIMATE INTERVENTION FOR PROTECTION OF HUMAN RIGHTS<br />
National Protection and Durable Solutions for<br />
Internall Displaced persons Project<br />
Human Rights Commission of Sri Lanka
1<br />
CONTENTS<br />
1. Executive Summary<br />
2. Situation of the Displaced Persons of Sri Lanka <strong>2007</strong><br />
3. Overview of the Project<br />
a. Human Rights Commission of Sri Lanka<br />
b. NPDS for <strong>IDP</strong>s Project<br />
4. Overview of the Objectives<br />
Objective 1: Capacitating Protection Mechanisms<br />
1.1. Capacitating Project Staff<br />
1.2. Capacitating Stakeholder Agencies<br />
1.2.1. Capacitating Security Forces<br />
1.2.2. Capacitating Non Government Organizations<br />
1.2.3. Capacitating Registrar General Department<br />
1.3. Making Available the Remedial Institutions<br />
1.4. Establishing Coordination and Net works<br />
1.4.1. Coordinating District Child Protection Committees<br />
1.4.2. Capacitating Public Relations Officers<br />
1.4.3. Others<br />
Objective 2: Capacitating <strong>IDP</strong>s and their Environment<br />
2.1. Capacitating Human Rights Animators<br />
2.2. Paid Internship for Human Rights Animators<br />
2.3. Capacitating <strong>IDP</strong>s and their Environment<br />
Objective 3: Legitimate Interventions for Protecting Human rights<br />
3.1. Enactment of the Internally Displaced Persons Bill<br />
3.2. Implementing National Policy on Resettlement<br />
3.3. Providing Remedies for Victims of Human Rights Violations<br />
3.3.1. Conducting Field Visits<br />
3.3.2. Providing Remedies for the Complaints Received<br />
3.3. Legal Research<br />
3.4. Activating the Mediation Boards<br />
3.5. Conducting Fact Finding Missions<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
1
2<br />
Executive Summary<br />
Year <strong>2007</strong> brought many challenges as well as opportunities for the Project. Sri<br />
Lankan Government Forces were able to liberate the Eastern Province from the<br />
terrorist control and the Resettlement programmes were launched in the cleared areas.<br />
Thus Project had to extend its activities to the recently cleared areas in Trincomalee<br />
and Batticaloa. On the other hand Project had to temporarily close down its Project<br />
office in Mannar due to security situation.<br />
Project embarked activities based on three different objectives for the year <strong>2007</strong><br />
which were aimed at preventing and protecting the Rights of the displaced community<br />
and also to end displacement.<br />
Capacitating Protection Mechanisms: Project organized a number of activities to<br />
enhance the capacity of the protection mechanisms available in the regional level.<br />
This included capacity building of the stakeholder agencies engaged in humanitarian<br />
and protection activities through conducting awareness programmes, coordinating and<br />
capacity building of the remedial institutions in the regions and coordinating the net<br />
work available in welfare centers, district level and the national level such as District<br />
Child Protection Committees to provide protection for the displaced persons.<br />
Capacitating the Displaced Persons and Host Community: Project continued its<br />
Human Rights Animators capacity building programmes. This year Project conducted<br />
regular training sessions for the Animators on various aspects related to protection of<br />
the rights of the displaced community. Paid Internship too was provided for number<br />
of Animators. Project with the assistance of the Animators was able to conduct<br />
awareness programmes for the displaced community and the host communities.<br />
Mostly they were programmes tailor made to suit each Human Rights situation in the<br />
area.<br />
Legitimate Interventions for Protection of Human Rights: Project provided<br />
remedies for victims of violations of human rights and this year Project also<br />
undertook number of advocacy efforts as well. Project received a total of 949<br />
complaints and provided remedies for a total of 558 complaints. The Bill for the<br />
Protection of Displaced Persons was drafted by the Project and has been submitted to<br />
necessary stakeholders and the guidelines and support papers were finalized for the<br />
National Policy on Resettlement. Project also undertook a number of Fact Finding<br />
Missions, especially to recently cleared areas in the East and submitted reports and<br />
recommendations to the relevant stakeholders after analyzing the human rights<br />
situation of the area. Project also conducted 130 geographical and theatrical visits in<br />
the regions to monitor the Human Rights situation and to take any necessary actions.<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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3<br />
Situation of the <strong>IDP</strong>s in the year <strong>2007</strong><br />
Year <strong>2007</strong> began with the Government’s effort to gain control in the Eastern province<br />
of the country and it created large number of displacements. But by the end of the<br />
year resettlements programmes were in process in the East.<br />
Displacements in the Year <strong>2007</strong><br />
First large scale fighting after the Ceasefire Agreement signed in year 2003 began in<br />
the year 2006 when LTTE closed the sluice gates of Mavil Aru on July 21 st 2006.<br />
Government Forces began a small scale “humanitarian operation” to open the gates<br />
and later it erupted in to a full fledged operation to recapture the areas in the Eastern<br />
province occupied by LTTE. Battle of Vakarai which began in October 2006<br />
stretched up to January 2006 and there was an increase in the number of displaced in<br />
Batticaloa especially displaced from Muthur, Trincomalee.<br />
Batticaloa<br />
During this period Batticaloa district hosted two kinds of <strong>IDP</strong>s, those who were<br />
displaced from Batticaloa district and those who were displaced from Trincomalee. In<br />
Batticaloa out of the 14 Divisions, five divisions - Porathivu Pattru, Manmunai South<br />
West or Paddippalai, Manmunai west or Vavunathivu, and Pattu South or Kiran, and<br />
part of Eravur Pattru or Chenkaldy division, were under LTTE administration. Nearly<br />
82% of the residents of LTTE area, amounting to 119,044 individuals, fled to the<br />
Government controlled areas. They joined the previously displaced 27,179 refugees<br />
from Trincomalee district and 19,262 persons displaced from Vaharai - in Batticaloa<br />
district, making up the total <strong>IDP</strong> population to 165,485. Presently 6719 people from<br />
1930 families from Trincomalee District are living in 20 camps in Batticaloa. 3124<br />
people from 852 families displaced from various parts of Batticaloa are living in five<br />
welfare centers. 14884 from 3740 families are living with friends and relatives.<br />
Welfare centers Quarterly trend Comparison in Batticaloa District<br />
NO.Welafare Centers<br />
30<br />
25<br />
20<br />
15<br />
10<br />
5<br />
0<br />
vaharai<br />
3<br />
1 1<br />
2<br />
valachenai<br />
Batticaloa<br />
28<br />
15<br />
14 14<br />
11<br />
4<br />
Chenkalady<br />
Arayampathy<br />
21<br />
17<br />
3 3<br />
1 1 1<br />
2 1<br />
0<br />
Kiran<br />
Kalawanchikudy<br />
Vellavelly<br />
DS.Divisions<br />
as at 26.11.<strong>2007</strong> as at 29.08.<strong>2007</strong> as at 07.05.<strong>2007</strong><br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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But in July Government forces recaptured the last strong hold of the LTTE,<br />
Thoppigala and the Eastern Resettlement programmes sphere headed by the Ministry<br />
of Resettlement etc were put in to action and the number of displaced in Trincomalee<br />
and Batticaloa dwindled<br />
Resettlement in Batticaloa: 4,545 families consisting 15,524 persons in Vaharai<br />
were resettled in May. On 14 th May 9089 families comprising of 29,399 persons has<br />
been resettled in in Vellavelly Division in Batticaloa. On 1 st June <strong>2007</strong> resettlement<br />
began in Pattipola with the resettlement of 6,436 families consisting of 21 570<br />
persons. 8028 families consisting of 27, 573 persons were later resettled to the<br />
Vavunathive DS. Division. Resettlement of <strong>IDP</strong>s in Chenkalady Divisional<br />
Secretariat area began from the end of the November <strong>2007</strong>. 3107 families consisting<br />
of 10519 persons have already resettled in Grama Niladhari Divisions of<br />
Koduwamadhu, Pankudaweli, Karadiyanaru, Weppavettuwan, Kithulwewa,<br />
Marappalam, Kopavelly.<br />
Thus the number of <strong>IDP</strong>s in welfare centers of Batticaloa dwindles. Below table<br />
shows the <strong>IDP</strong> Population of Batticaloa by the end of <strong>2007</strong>.<br />
Number of Persons 26,409<br />
Number of Families 7, 036<br />
Source: District Secretariat Batticaloa<br />
Trincomalee<br />
Internal displacement is a phenomenon in the Trincomalee district from 1983 and the<br />
numbers have been fluctuating ever since. Below table shows the number of displaced<br />
persons in Trincomalee by the beginning of year <strong>2007</strong>.<br />
Total Number of Displaced Number of Families 1,271<br />
Living in welfare centers Number of Persons 4,061<br />
Living Outside the Welfare Number of Families 5,402<br />
Center Number of Persons 20,686<br />
Total Number of Displaced Number of Families 6,673<br />
Persons in Trincomalee Number of Persons 24,747<br />
But there are large numbers of people who were displaced to districts of Baticaloa and<br />
Ampara as well.<br />
Resettlement in Trincomalee: resettlement began in the year <strong>2007</strong>. In March,<br />
some of <strong>IDP</strong>s returned to Trincomalee from Batticoloa district with support of the<br />
Ministry of Resettlement. During the same period 3021 <strong>IDP</strong>s arrived to Kilivetty<br />
Transit Camp and Paddithidal Transit camp in Muttur DS division. Most of these<br />
<strong>IDP</strong>s are return to their homes because their land and property is situated in the<br />
stipulated High Security Zone in Muthur. Verugal AGA division resettlement<br />
programme was completed on 06 th of September <strong>2007</strong>. Latest Resettlement in the year<br />
<strong>2007</strong> took place on 29 th November <strong>2007</strong>. Some people from Kilivetty Transit Camp<br />
were resettled in Seenanveli and Uppural areas of Seruvila of DS Divisions.<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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5<br />
Below table shows the number of displaced persons in Trincomalee district by the end<br />
of year <strong>2007</strong>.<br />
Families Persons<br />
<strong>IDP</strong>s staying in WFC 1500 4960<br />
with in region<br />
<strong>IDP</strong>s staying with F & 684 2433<br />
R<br />
Total <strong>IDP</strong>s with in the 2184 7393<br />
region<br />
<strong>IDP</strong>s in out of district 2860 9792<br />
Total <strong>IDP</strong>s of<br />
5044 17185<br />
Trincomalee District<br />
Source: Ministry of Rehabilitation & Reconstruction, Eastern province, Trincomalee.<br />
Mannar<br />
After the Eastern operations Government shifted its focus n to the Northern Province.<br />
Beginning of September an offensive began Musalai DS Division, Mannar. A total of<br />
1103 persons from 322 families were displaced to Nanattan DS division and they<br />
stayed at Murunkan Don Bosco Vocational Training center and Nanattan Maha<br />
Vidyalaya. After the arrival of Mullikulam <strong>IDP</strong>s, DS of Nanattan opened a new Place<br />
at Murunkan School temporarily. After some days all of them were provided new<br />
locations in Nanattan DS Division such as Nanattan Rice Mill, Murunkan Church<br />
Premises and Nanattan Church Premises. But end of the November Murunkan<br />
church premises <strong>IDP</strong>S found the bare land near to the welfare center and shifted there.<br />
They were provided with shelter.<br />
Beginning of the Number of Persons 8,292<br />
Year <strong>2007</strong> Number of 2,405<br />
Mannar<br />
Families<br />
End of the year Number of Persons 13,884<br />
<strong>2007</strong> Number of 6,333<br />
Families<br />
Source: www.unhcr.lk/<br />
Resettlement in Mannar: Government resettled <strong>IDP</strong>s at the Pesalai welfare center<br />
Siruthoppu in Mannar DS division and <strong>IDP</strong>s from Jeevanagar, Kaliomoddai<br />
Puliayakulam and Katkidanthakulam in Thampanaaikulam, Madhu DS division.<br />
Jaffna<br />
Beginning of the Number of Persons 43, 147<br />
Year <strong>2007</strong> Number of 13,027<br />
Jaffna<br />
Families<br />
End of the year Number of Persons 31, 037<br />
<strong>2007</strong> Number of 8, 607<br />
Families<br />
Source: www.unhcr.lk/<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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6<br />
Anuradhapura<br />
No major scale displacement occurred from the district. But there were constant<br />
attacks on villagers living in the border villages such as Weli Oya by the LTTE.<br />
Number of temporary displacements occurred from the area.<br />
Beginning of the Number of Persons 943<br />
Year <strong>2007</strong> Number of 281<br />
Anuradhapura<br />
Families<br />
End of the year Number of Persons 486<br />
<strong>2007</strong> Number of 141<br />
Families<br />
Source: www.unhcr.lk/<br />
Vavuniya<br />
There are 73, 001 <strong>IDP</strong>s in Vavuniya district who were displaced before the year 2006.<br />
By the end of year <strong>2007</strong>, there were 10, 643 persons who were displaced from the<br />
recent conflict living as displaced in Vavuniya. Most of them are living with friends<br />
and relatives.<br />
There are 6 welfare centers in Vavuniya and most of the <strong>IDP</strong>s are at Sithamparapuram<br />
welfare centre. 10,643 persons from 3,027 families obtain assistance from WFP and<br />
dry-ration.<br />
Many from unclear areas of Vanni were displaced to Vvauniya during this year and<br />
they faced many difficulties. If they have been registered earlier as <strong>IDP</strong>s they were<br />
requested to cancel it and there was a delay in registering them and providing<br />
assistance.<br />
Puttlam<br />
Since 1990 Puttlam district is hosting people displaced from the districts of Mannar,<br />
Jaffna, Mulathivu, Trincomalee, Batticaloa etc. Most of the <strong>IDP</strong> population is<br />
concentrated to four DS divisions namely Kalpitiya, Mundal, Puttlam and<br />
Wanathawilluwa.<br />
According to year <strong>2007</strong> figures there is a total of 66, 077 displaced persons in Puttlam<br />
and most of them are at welfare centers or relocations.<br />
<strong>IDP</strong> population of Puttlam in year <strong>2007</strong><br />
DS Division Number of Number of Number<br />
Welfare Centers/<br />
Relocations<br />
Families<br />
Persons<br />
Kalpitiya 90 18, 206 36, 291<br />
Puttlam 37 5,454 22,312<br />
Mundel 18 1,354 5,442<br />
Wanathawilluwa 08 489 2,032<br />
Total 153 15,797 66,077<br />
of<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
6
7<br />
Resettlement in East<br />
Government began the resettlement of the people displaced from the Eastern Province<br />
in early March <strong>2007</strong>. Government provided assistance to the resettled persons and dry<br />
rations were provided with the collaboration of WFP for a period of six months.<br />
But at the beginning there were reports of forced resettlement by the Government.<br />
There were instances where the displaced were threatened that dry rations will be<br />
removed if they do not return to their villages. Many people did not wish to return so<br />
as they were concerned about the security situation. Many instances they were not<br />
provided with go and see visits and they were concerned about the status of their<br />
houses and properties which were abandoned for sometime.<br />
Earlier the Humanitarian agencies have limited access to the recently resettled areas<br />
and they had to obtain prior permission to access the area which is most of the time<br />
under the control of either the SLA or STF. Civil administration was established in<br />
the areas and the other Government services i.e. education, health too were provided<br />
for the people. But most of these Government buildings were being damaged and hey<br />
need to be repaired to provide the optimum services to the people 1 .<br />
People returned to their homes after a few months and most of the time their houses<br />
were either damaged by the gun fighting or wild elephants. Most of them depended on<br />
either fishing or agriculture but on their return most of their equipments and live<br />
stocks were damaged and most of the time assistance was slow to come.<br />
In Trincomalee and Batticaloa some people were unable to return as the SLA has<br />
occupied their homes and it was mentioned that they were not provided compensation<br />
by the Government. In the discussions it was mentioned by SLA that the houses will<br />
be returned as the civil administration returns 2 . Government on May 30, <strong>2007</strong> gazette<br />
declared 12 Grama Niladhari divisions in Muthur East as High Security Zones. Major<br />
General Parakrama Pannipitiya was declared the competent authority and any person<br />
violating the regulations could be liable to a term of Rigorous Imprisonment. It was<br />
reported that nearly 19 schools, 27 temples fall within this area and nearly 15, 648<br />
persons reside in this are. But later this year Government reduced the area of the High<br />
Security Zone but so far this was not declared through a gazette and the people who<br />
were living in this area were unable to retune and they live in welfare centers in such<br />
as Killiveddy and Paddithidal. Compensation schemes were not decided so far for<br />
these people.<br />
In Trincomalee by the 06.09.<strong>2007</strong> people displaced from Echchilanpattu were<br />
resettled. (10, 014 persons from 2, 887 families). Only the people whose lands were<br />
gazzetted under the high security zone and who were displaced by the ’83 riots are<br />
still living in the welfare centers. In Batticaloa many people who were displaced<br />
within the district have been resettled and the people who are displaced from<br />
Trincomalee are yet to be resettled.<br />
1 Fact Finding Missions to Trincomalee and Batticaloa west by the NPDS for <strong>IDP</strong>s Project at<br />
www.idpsrilanka.lk<br />
2 Op cite<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
7
8<br />
Human Security<br />
Sporadic attacks were done by LTTE targeting civilians through out the year in<br />
Colombo and other parts of the country. Many times civilian transport vehicles<br />
became the target killing and injuring large number of civilians.<br />
Situation at the resettled areas was of growing concern as para - military movements<br />
were apparent in the area. They move freely carrying weapons. There were number of<br />
killings and abductions in the areas. There is heavy military presence in the areas and<br />
there are only a few police posts. In certain areas military conducts weekly meetings<br />
with the people and they were also seen assisting people to rebuild their lives. Former<br />
LTTE carders have revealed themselves to the Army and they seem to be contended<br />
with the protection provided by the Forces. But there were instances where the Forces<br />
were accused for human rights violations. In certain areas curfew is being imposed<br />
and the people have to return back to their homes by 5.00 p.m. and if not they are<br />
being questioned by the Forces. Some people have returned back to welfare centers<br />
due to security related incidents.<br />
Army and police conducts rounds up in the welfare centers often and in many<br />
occasions they have arrested people on suspicion. But no complaints on torture were<br />
reported to the Human Rights Commission. It can be see that lack of protection<br />
provided in the welfare centers had lead to the free movement of the para militants in<br />
the welfare centers. In Vavuniya earlier police protection has been provided for only<br />
Poonthottam and Sittamparapuram welfare centers, which are the two largest welfare<br />
centers in the district. But in March <strong>2007</strong> after constant attacks by the LTTE to the<br />
police posts in the welfare centers they were removed. Displaced persons live in fear<br />
of abductions, killings and forced conscription. Some times these para- military<br />
movements conduct round ups in the welfare centers.<br />
There are many instances where villagers become temporarily displaced due to the<br />
activities of LTTE. Many people seek refuge in nearby public buildings at night time.<br />
Humanitarian Assistance<br />
Humanitarian assistance to the displaced persons in cleared and unclear areas were<br />
hampered by the security situation prevailed in the North and East. Most of the<br />
development project in the unclear areas had to be stopped due to restriction certain<br />
building materials. Many agencies had limited access to the resettled areas in the East<br />
at the beginning as permission was needed to obtain access to the area due to security<br />
concerns.<br />
Several deaths and abduction were reported related to Humanitarian personals and it<br />
brought international pressure up on the country.<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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Other issues<br />
It has been estimated that nearly 45,000 students and 1,800 teachers were displaced<br />
due to the massive displacement occurred in East 3 . By May <strong>2007</strong>, UNICEF has<br />
recorded 6, 461 child abductions (6, 154 by LTTE and 307 by the TMVP). LTTE<br />
mentioned that they will release the recruits under the age of 18 by the end of the year<br />
and on June 18 they released 135 children below the age of 18 4 .<br />
John Holmes, UN Under Secretary General for Humanitarian Affairs visited the<br />
country in August and his comments about Sri Lanka being a top danger spot for aid<br />
workers raised concerns.<br />
Special Rapportuure on Torture and other cruel, inhuman and degrading treatment or<br />
punishment, Mr. Manfred Novak was invited by the Government and visited the<br />
country from 1-8 October <strong>2007</strong>. He visited many several areas of the country to assess<br />
the situation of torture and ill treatment in the country and provided comments to the<br />
Government to strengthen its efforts to improve administrative justice. He will submit<br />
a comprehensive report to the UN Human Rights Council next year.<br />
UN High Commissioner for Human Rights Louise Arbour made a visit to the country<br />
on the invitation of the Government in October. Her request to establish a UN High<br />
Commission office in the country was denied by the Government.<br />
A Fundamental Rights petition was filed by the Center for Policy Alternative in July<br />
against the establishment of the High Security Zones in Sampur but it was dismissed<br />
by the Supreme Court.<br />
Human Rights Commission of Sri Lanka<br />
The Human Rights Commission was established under the Act No.21 of 1996 and it is<br />
entrusted with the broad task of promotion and protection of Human Rights within Sri<br />
Lanka.<br />
According to Section 10 of the Act the Commission can inquire in to and investigate<br />
complaints regarding procedures, to ensure the compliance with the provisions of the<br />
Constitution related to Fundamental Rights 5 and also to inquire and investigate in to<br />
complaints regarding infringement or imminent infringement of fundamental Rights<br />
and to provide resolutions by conciliation and mediation 6 . Section 11 confers a wide<br />
array of powers to the Commission, including powers to inquire in to and investigate<br />
3 Op cite<br />
4 www.unicef.org/<br />
5 Section 10 (a)<br />
6 Section 10(b)<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
9
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complaints regarding infringement or imminent infringements of Fundamental<br />
Rights 7 , visit police and all detention centers 8 .<br />
Human Rights Commission advices the Government in bringing national laws and<br />
administrative measures in accordance with Fundamental Rights guaranteed by the<br />
Constitution 9 and also international standards and to promote awareness and<br />
education in relation to Human Rights 10 . Furthermore the Commission can advise and<br />
assist the Government in formulating legislation and administrative directives and<br />
procedures for the furtherance of the promotion and protection of fundamental rights 11<br />
and also could make recommendations to the Government on the need to ascribe to or<br />
accede to treaties that are related to Human Rights 12 .<br />
At incept the Commission focused in to receiving and investigation into complaints<br />
but later it extended its activities. The Commission became engaged in the promotion<br />
of Human Rights education, examining the compatibility of the laws and policies of<br />
the Government with the international Human Right norms and also becoming<br />
engaged in investigating in to systematic and group violations of Human Rights.<br />
In its study of vulnerable groups, the Commission recognized <strong>IDP</strong>s as a group that<br />
requires special attention. The twenty year old war had left number of displaced<br />
persons scattered especially in the North and East areas and there was no proper<br />
Government mechanism to protect their rights. It is the effort of the Human Rights<br />
Commission that led to the establishment of the Project fro <strong>IDP</strong>s to protect and<br />
promote the rights of the displaced Persons.<br />
National Protection and Durable Solution for Internally Displaced<br />
Persons Project<br />
The Project for the <strong>IDP</strong>s was established in June 2002 and it operated in the districts<br />
of Trincomalee, Jaffna and Vavuniya. It was the aftermath of the MOU and the basic<br />
hurdle that was faced by the <strong>IDP</strong>s was the violation of their civil rights and political<br />
rights. So in the inception programmes were concentrated on promotion and<br />
protection of Human Rights and they targeted mainly the displaced persons and the<br />
Government Officers.<br />
The Project expanded its serviced to the districts of Puttlam, Mannar and Batticaloa.<br />
In the year 2003 Project received 5,587 complaints from the regions and majority of<br />
the complaints were related to loss of personal documents and also issues related to<br />
resettlement and humanitarian assistance.<br />
In 2004 Project expanded its services to Anuradhapura. During the year Project<br />
received 2961 complaints and during the year 2004 was able to dispose 3358<br />
7 Section 11(a)<br />
8 Section 11(b)<br />
9 Section 10 (d)<br />
10 Section 10 (f)<br />
11 Section 10 (c)<br />
12 Section 10 (e)<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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complaints. As most of the complaints were related to loss of personal documents the<br />
Project conducted a number of mobile programmes with the corporation of<br />
Government Departments to provide personal documents to people. The Project also<br />
conducted programmes targeting <strong>IDP</strong> women, children and youth with the objective<br />
of promoting their rights. Furthermore Project lobbied the issues of voting rights of<br />
the displaced persons along with the elections that were carried out in that year.<br />
In 2005, the year after the fatal Tsunami swept through most of the coastal areas of<br />
the Country the Project opened new offices in Matara and Kalmunai to protect and<br />
promote the rights of the Tsunami displaced persons in those areas. As means of<br />
capacitating the Displaced Persons Project began to formulate the Human Rights<br />
Animators Programme which encouraged displaced youth to engage in Human Rights<br />
Protection activities of the Project.<br />
By 2006 Matara and Kalmunai regions were closed down as the Human Rights<br />
Commission began another Project targeting the Tsunami displaced persons. In year<br />
2006 Project received a total of 551 complaints and disposed a total of 296<br />
complaints. To build a protective environment for the displaced persons Project<br />
carried out an awareness programme on the language Rights of the people with the<br />
National Language Commission. Project enlarged its advocacy role in partaking to<br />
draft a Bill to protect the Rights of the Internally Displaced Persons and also the<br />
Policy on Resettlement. Furthermore report was published related to dry rations and<br />
was lobbied among the stake holders. Project’s training that earlier targeted only<br />
Government Officers and Displaced Persons was also enlarged and trainings were<br />
conducted for Police and for Forces.<br />
Overview of the Objectives<br />
It can be seen that over 312,000 war victimized <strong>IDP</strong>s who displaced years ago and<br />
there are over 200,000 <strong>IDP</strong>s are still living out of their habitual residents and living in<br />
welfare centers or in resettlement villages. In addition to that most of them in war<br />
alarm zone are economically displaced due to security restrictions and other<br />
concerns. They were not able or they were not facilitated to return to their native<br />
places or to resettle elsewhere.<br />
Furthermore that no war and no peace situation that prevailed in the country had<br />
diminished the confidence of the people and it had lead in to create systematic<br />
violations of Human Rights including social and economic rights of the people. For<br />
example Tamil speaking people are not able to make their complaints to police in<br />
their language and it leads to law quality remedies. The war affected <strong>IDP</strong>s are<br />
discriminated or differently treated and no legal regime to protect them.<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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The available humanitarian packages are not meeting <strong>IDP</strong>s requirements and they<br />
need to be updated. There is no proper coordination between the stake holders to<br />
achieve a common goal and so far displaced persons have not been recognized as<br />
vulnerable persons and were not treated with affirmative actions.<br />
It was to address these lacunas that Project developed three objectives for the year<br />
<strong>2007</strong>, namely<br />
Objective 1: Capacitating Protection Mechanisms: Project intended to reach<br />
accessible remedial mechanism institutes to facilitate then and to provide advocacy<br />
for them to reach their mandates.<br />
Objective 2: Capacitating Internally Displaced Persons and their Environment:<br />
Project intends to capacitate the displaced persons as well as the host community to<br />
response to Human Rights violations in a constructive manner.<br />
Objective 3: Legitimate intervention for protection of Human Rights: one of the<br />
mandates of the Project is to provide relief to violations of Human Rights and in this<br />
objective Project has expanded its mandate and provides not only relief but also<br />
advocacy for the relevant stake holders to prevent violations of Human Rights.<br />
It is based on this platform that progresses of these objectives are needed to be<br />
addressed.<br />
Objective 1: CAPACITATING PROTECTION MECHANISM<br />
Capacitating included providing training, facilitating and promoting the stake holder<br />
agencies such as Remedial Mechanism Institutions, Police and the Forces etc.<br />
1.1. Capacitating the Project Staff<br />
Capacitating the Project staff included providing in house and outs side training for<br />
the Project staff related to improve their knowledge and skills that is necessary to<br />
carry out their tasks in the Project.<br />
Project conducted training for the Project staff on Project activities such as on<br />
conducting visits, arranging the Remedial Mechanisms programme, complaint<br />
handling. Furthermore trainings were conducted for the administrative staff on risk<br />
management, security and vehicle maintenance, accounts maintenance. Furthermore<br />
all the Project staff was offered Computer Training by the IT assistants unit of the<br />
Project.<br />
Furthermore Project staff was facilitated to participate in out side Human Rights<br />
related courses especially conducted by University of Colombo and University of<br />
Peradeniya.<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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1.2. Capacitating Stake Holder Agencies<br />
It is necessary to capacitate the stake holders who are closely working with the<br />
displaced persons such as Police, Forces, Non Government Organizations to carry out<br />
their humanitarian activities and protection activities to serve the displaced<br />
community in a satisfactory manner. Thus numbers of training porgrammes were<br />
carried out by the Project for them.<br />
1.2.1. Capacitating the Security Forces<br />
Training the security forces especially on the areas of rights based disaster response,<br />
Humanitarian law, Human Rights law and Protection of the displaced community was<br />
considered a priority by the Project as they closely work with the displaced<br />
community in a regular basis.<br />
Project coordinated with the IHL unit of the Army Head Quarters and the participants<br />
for the programme and the areas of training were decided after discussions with them.<br />
No Date Division No. of<br />
Participants<br />
01 24.10.<strong>2007</strong> 23 Division at Walikanda 30<br />
02 04.12.<strong>2007</strong> Army Head Quarters at Colombo 41<br />
03 19/20.12.<strong>2007</strong> 22 Division at Trincomalee 43<br />
Total 113<br />
Three programmes were conducted for a total of 113 officers and in Trincomalee the<br />
programme was for both the army and the Police officers. In these programmes<br />
mainly ranking officers such as Captains, Majors, Colonels and Lt. Colonels were<br />
chosen as they are the commanding officers of the sectors and it was felt necessary to<br />
aware the commanding officers first on protection of the rights of the displaced<br />
persons.<br />
Army Programme, Trincomalee, 19-20.12.<strong>2007</strong><br />
1.2.2. Capacitating the Non Government Organizations<br />
NGOs play a major role at different stages of displacement cycle i.e. prevention,<br />
preparedness, emergency response, recovery and in rehabilitation. They have access<br />
to Government controlled and also to unclear areas and they have human resources<br />
and physical resources reasonably to meet the demands of the people.<br />
Thus it is necessary to clearly aware them on the rights of the displaced persons and<br />
also to coordinate their activities with other organizations. In this capacity building<br />
programme Project undertook to aware the participants on Human Rights and<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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Humanitarian Law and also tried to build coordination between the participant<br />
organizations though discussions to make sure that they do not work in isolation.<br />
Project conducted 10 programmes with the participation of 394 officers from 103<br />
organizations in the regions of Ampara, Anuradhapura, Trincomalee, Vauvuiya,<br />
Mannar and Batticaloa.<br />
Conducting NGO programmes in the Regions<br />
1.2.3. Facilitation of the Registrar General Department<br />
There are around 300,000 <strong>IDP</strong>s in Sri Lanka and most of these <strong>IDP</strong>s are not in<br />
possession of personal documents. These displaced people have lost their personal<br />
documents, such as Birth Certificates, Death Certificates, Marriage certificates,<br />
National identity cards, Deeds and other necessary personal documents. Since they<br />
don’t have important personal documents it has become difficult to ascertain their<br />
rights such as, rights of land and property, to enter in to schools and education<br />
schemes, to enjoy the freedom of movement, to cope up with the existing security<br />
situation by ascertaining their identity, to engage and enjoy other necessary rights<br />
enshrined through the international and local instruments.<br />
This situation made these <strong>IDP</strong>s frustrate and many complaints were made to the<br />
Human Rights Commission, according to the reports of Human Rights Commission,<br />
3792 complaints on birth certificates, 310 complaints on National Identity cards and<br />
150 complaints on death certificates has been reported during 2003 to 2006. However<br />
there are thousands of people who are not in possession of personal documents and<br />
who have not made any complaints to the Human Rights Commission.<br />
In order to ascertain these <strong>IDP</strong>s enjoy their rights with full freedom NPDS for <strong>IDP</strong>s<br />
Project, Human Rights Commission of Sri Lanka decided to facilitate the Registrar<br />
General Department to issue personal documents. It was decided to facilitate RGD to<br />
conduct mobile service programmes, capacitate RGD staff, to facilitate them in<br />
printing documents necessary to ensure registration and to develop a software<br />
programme to issue birth certificates.<br />
This software programme will enable to issue birth certificates within a day and it<br />
will consist of many other unique features such as to make any alterations from any<br />
part of the country without any delay. Currently this task is carried out by ICTA and<br />
the programme will be issued during the first quarter of 2008.<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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It was decided to facilitate the RGD in printing hand books on Rules for the guidance<br />
of Registrars of marriages, births and deaths (Sinhala & Tamil), Muslim marriage and<br />
divorce Act (Tamil) and Birth and Deaths Registration Act No: 17 of 1951(Tamil)<br />
since these documents provide guidance for registration.<br />
Conducting Mobile Service programme in Vakarai, Batticaloa,<br />
Training programmes were conducted for Additional District Registrars, Additional<br />
Divisional Secretaries, and Administrative officers of the DS offices from<br />
Anuradhapura, Puttlam and Batticaloa districts and for Local Registrars of the<br />
Anuradhapura, Batticaloa, Puttlam, Vavuniya, Mannar, Mulathivu and Kilinochi<br />
districts on Powers, functions and duties of RGD, Registration of births, deaths,<br />
Marriages, Registration process and human rights. Through these training<br />
programmes altogether 388 Additional District Registrars, Additional Divisional<br />
Secretaries, Administrative officers and local registrars were trained. Training<br />
programmes scheduled at Trincomalee, Ampara and the ADR training programme<br />
scheduled in Puttlam were postponed, since the new Registrar General was appointed<br />
and the RGD staff were not able to conduct those programmes.<br />
Following subjects were discussed in ADR, ADS and AO training programmes,<br />
Powers, Functions and duties of Registrar Department, Registration of Births and Late<br />
registration of Births, Registration of Deaths and Late registration of Death,<br />
Registration of Marriages, Procedure of dealing with Declaration in Registration<br />
process and Registration process and Human Rights. Local Registrars training<br />
programmes were conducted on following topics, Duties and Responsibilities of<br />
Village Registrars and Registration process and Human Rights. Following table<br />
illustrates the details of the concluded training programmes,<br />
Training Programmes for ADRs, ADS, AOs and Local Registrars<br />
Region<br />
Nature of<br />
P articipants<br />
Date<br />
Venue<br />
No of<br />
participants<br />
Jaffna<br />
Batticaloa<br />
ADR, DS,<br />
ADS & AO 20.06.<strong>2007</strong> Kachcheri 54<br />
Local<br />
Registrars 19.06.<strong>2007</strong> YMCA hall-Jaffna 45<br />
ADR, ADS<br />
Green Garden Hotel,<br />
& AO 10.07.<strong>2007</strong> Batticaloa 30<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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16<br />
Anuradhapura<br />
Vavuniya<br />
Puttalam<br />
Total<br />
Local<br />
Registrars 09.07.<strong>2007</strong><br />
ADR 22.07.<strong>2007</strong><br />
ADS & AO 21.07.<strong>2007</strong><br />
Local<br />
Registrars 21.07.<strong>2007</strong><br />
Local<br />
Registrars of<br />
Vavuniya,<br />
Mannar,<br />
Kilinochi and<br />
Mulathivu<br />
31.07.<strong>2007</strong><br />
Green Garden Hotel,<br />
Batticaloa 31<br />
CTC hall,<br />
Anuradhapura 8<br />
CTC hall,<br />
Anuradhapura 22<br />
CTC hall,<br />
Anuradhapura 65<br />
Agrarian Department<br />
hall, Vavuniya 42<br />
DS Conference Hall -<br />
Puttalam 38<br />
ADS & AO 04.08.<strong>2007</strong><br />
Local<br />
Registrars 04.08.<strong>2007</strong> PDRC Hall- Puttalam 53<br />
10<br />
Programme s<br />
388<br />
Twenty five mobile service programmes were conducted in Trincomalee, Vavuniya,<br />
Mannar, Batticaloa, Anuradhapura, Puttlam and Jaffna districts. Objective of these<br />
mobile service programmes is to provide personal documents to the <strong>IDP</strong>s to ensure<br />
registration of past births, registration of past deaths and registration of missing<br />
person’s death and registration of Marriages.<br />
6680 applications were received and out of those applications 2475 Births, 33 Name<br />
Alterations, 346 Deaths and 86 Marriages have been registered and 474 Probable Age<br />
Certificates were issued. There are 2304 applications without adequate supportive<br />
documents and they have been sent to DS offices to obtain the supportive documents.<br />
Further 962 applications were completed and forwarded to ARGs to issue the relevant<br />
documents.<br />
Special attention should be given to the Mobile service programme scheduled on 12 th<br />
June <strong>2007</strong> at Pulmudai DS division of the Trincomalee district. It was conducted at<br />
the Yanu oya bus stand, since the project staff and Mr. Sathasiva Iyer ARG (Eastern<br />
Zone), were unable to reach T/ Anvaarul Ulum Arabu College, where program was<br />
originally scheduled due to the security situation.<br />
Conducting the<br />
Mobile Service<br />
program at Yanu<br />
oya bus stand,<br />
Only Registrar of<br />
Pulmoddai, GNs<br />
& HRAs<br />
participated the<br />
program,<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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In a total of 25 programme the Project was able to issue the following number of<br />
programmes,<br />
Number of Birth Certificates 2, 475<br />
Number of Death Certificates 346<br />
Number of Probable Age Certificates 474<br />
Name Alterations 33<br />
Marriage Certificates 86<br />
Further 10 HRAs were released to Nagenahira Nuwaragam Palatha DS office, 4<br />
HRAs to Puttlam District and 5 HRAs to Kacheri, Batticaloa to clear the backlogs in<br />
the districts and 6 HRAs were released to facilitate the Nagenahira Nawodhaya<br />
mobile services in Vaharai and Wavunathivu DS divisions. Those Human Rights<br />
Animators were granted with a certificate by the Registrar General Department.<br />
1.2.4. Coordinating Remedial Institutions<br />
There are judicial, quasi judicial institutions available in the country which is<br />
mandated to hold the administrators accountable for their actions and inactions. These<br />
institutions are empowered to receive public complaints and to provide relief and<br />
redress. Thus promoting them among the displaced community and also making the<br />
institutions aware on issues of the displaced persons is vital for guaranteeing the<br />
rights of the displaced persons and well as the host community. Thus Project in <strong>2007</strong><br />
decided to coordinate the remedial institutions in the regions.<br />
Institutions that participate for the meetings in the regions are, RGD ( ADR, Land<br />
Registrar), Police, Consumer Affairs Authority, Labor Department (District Labor<br />
Officer), HRCSL (RC), Social Service Dept (RDO), Board of Samurdhi (Promotion<br />
Officer), Legal Aid Commission , DPDHS, District Probation Officer etc.<br />
Project conducted a total of 20 coordination meetings in the regions of Anuradhapura,<br />
Batticaloa, Mannar, Puttlam, Trincomalee and in Vavuniya. Human Rights<br />
Commission in the respective regions also participated in these meetings.<br />
Meetings in the regions of Trincomalee and Vuvniya<br />
In this coordination effort Project was able to provide number of benefits for the<br />
displaced community. To name a few,<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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In Trincomalee, the medical clinic was in Madaththady which was very far from the<br />
welfare center. As result of the meeting the medical clinic was transferred to cultural<br />
hall welfare center where the (Muttur) <strong>IDP</strong>s are presently accommodated, after<br />
discussing with DPDHS who participated for the coordination meeting.<br />
In Anuradhapura, Wahalkada, Central dispensary did not have a residential medical<br />
practitioner for a long time. After having a meeting with DPDHS, a new residential<br />
doctor was appointed. In addition, at Wahalkada PHI had not come to visit<br />
cooperative shops to check the quality of the dry rations. After having a discussion<br />
with DPDHS in the Remedial Mechanism Meeting, PHI has started to do his duty in a<br />
proper way.<br />
In Mannar, it came to light in the coordination meeting that Police used to forward<br />
the child abuse cases to the courts without consulting the probation officer. After<br />
having a meeting with SSP, Police agreed to consult the probation officer before<br />
going to courts.<br />
In Vavuniya Kalnatikulam, people did not have proper transport facilities for school<br />
children. The CTB Manager was called for one of the meetings and after discussions<br />
he provided a bus for that particular route.<br />
1.4. Establishing Coordination and Net Works<br />
1.4.1. District Child Development Committee Activities<br />
DCDC is a coordination newt work established in the Districts with the participation<br />
of Government and I/NGOs working primarily for the children and it regularly meets<br />
and the meetings are generally chaired by the District Secretary of the respective<br />
district. Project, from the establishment of the meetings had been an active participant<br />
and has taken much interest in its activities. Project with the assistance of the relevant<br />
Government officers in many instances were able to provide assistance for displaced<br />
children who are in need. Thus this year Project decided to expand its involvement<br />
with the DCDC.<br />
Thus to ensure effective carrying out of the services of the DCDC Project in all the<br />
regions decided to complete an year plan for the Committees. Going further in<br />
Anuradhapura and Puttlam districts three year action plans have been completed by<br />
the Project with the assistance of the relevant participants of the Committee. In<br />
Colombo Project undertook to formulate the year <strong>2007</strong> plan for the National Child<br />
Protection Authority and in here special focus was upon promoting the rights of the<br />
displaced children.<br />
Furthermore Project conducted three training programmes for the participants of the<br />
DCDCs on laws and regulations related to children in the country. 135 persons<br />
participated for the programme.<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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1.4.2. Capacitating Public Relations Officers/Civil Affairs Officers<br />
Several programmes were conducted for Grama Niladharis, Samurdhi Officers,<br />
Internal Officers of the Divisional Secretariats; Rural Development Officers etc on<br />
<strong>IDP</strong> related issues as their service is vital for the displaced community. Furthermore<br />
building network with them eases much of the monitoring activities of the Project.<br />
Project conducted a total of 20 programmes for 693 participants.<br />
Furthermore it was requested by the Project the Grama Niladharis from Anuradhapura<br />
and Vavuniya requested Administrative circulars as they were not provided with<br />
them. Thus Project provided the necessary circulars for them to conduct their services<br />
to the community effectively.<br />
1.4.3. Others<br />
Project participated in the meetings conducted by the UNHCR and Ministry of<br />
Disaster Management and Human Rights in formulating the Confidence Building<br />
and Stabilization Measures workshop and also participated in Ministerial meeting<br />
on this subject to implement the Project.<br />
Project also participated for the CCHA Sub Committee meeting on Resettlement<br />
and Welfare of <strong>IDP</strong>s coordinated by the Ministry of Resettlement, <strong>IDP</strong> Protection<br />
Coordinating Meeting convened by the Ministry of Disaster Management and<br />
Human Rights and the <strong>IDP</strong> Working Group Coordinated by the UNHCR.<br />
Objective 2: Capacitating <strong>IDP</strong>s and their Environment<br />
Activities that centered on this objective are mainly focused on obtaining the active<br />
assistance of the displaced community to protect and promote their rights. It is<br />
expected by capacitating the displaced community and their environment which<br />
includes the host communities to respond to their violations of Human Rights in a<br />
constructive manner.<br />
2.1. Human Rights Animators Training Programme<br />
Human Rights Animators Progranmme was an ongoing Programme of the Project<br />
which involves the participation of the displaced youth of the community to protect<br />
and promote their rights.<br />
One of the main objectives of the programme is to capacitate the youth on their role as<br />
protectors and promotes of their rights by conducting regular year long training<br />
sessions for them. Project conducted a total of 67 porgramme for the animators in 06<br />
regions and the subject matter included Familiarization with <strong>IDP</strong> Rights, Social<br />
survey and research methodology, “Sahana” programmes, arrest and detention,<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
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Economic, social and cultural rights, land and property rights, Vulnerable groups<br />
rights and peace building etc.<br />
Conducting<br />
awareness<br />
programmes<br />
Project utilized the Human Rights Animators to collect data and information of<br />
violation of human rights and data related to rights of people and share with<br />
appropriate institutions, Assist and coordinate the Human Rights and humanitarian<br />
organizations to protect and promote Human Rights, Assist and direct victims of<br />
violation/abuse of rights of people to the appropriate remedial institutions, Assist the<br />
Human Rights promotional institutions in conducting programmes at the community<br />
level. Empower the <strong>IDP</strong>s in welfare centers, relocations and resettled areas by<br />
creating awareness on rights of people and finally assist the humanitarian activities at<br />
an emergencies.<br />
Services of the Human Rights Animators were requested by the Registrar General<br />
Department to clear the back log on files in their regions. Thus 10 HRAs were<br />
released to Nagenahira Nuwaragam Palatha DS office, 4 HRAs to Puttlam District<br />
and 5 HRAs to Kacheri, Batticaloa to clear the backlogs in the districts and 6 HRAs<br />
were released to facilitate the Nagenahira Nawodhaya mobile services in Vaharai and<br />
Wavunathivu DS divisions Those HRAs were granted with a certificate by the<br />
Registrar General Department.<br />
Due to their role Human Rights Animators became a link between the Project and the<br />
displaced Community in the grass root level. Furthermore they initiated programme<br />
son their own for the up liftman of their community and the Project provided its<br />
fullest support to them. One of the successful stories was the actions under taken by<br />
the Poonthottam Welfare center, Vavuniya Human Rights Animators who initiated a<br />
programme to eradicate alcohol problem from their welfare center.<br />
2.2. Paid Internship for Human Rights Animators<br />
From 2002 on wards project offered paid internship for selected Human Rights<br />
Animators in all regions. This year also project decided to offer three months of paid<br />
internship for two Human Rights Animators in every region. So in this year 57<br />
internships have been given to the selected Human Rights Animators in all regions.<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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2.3. Awareness Programmes for Internally Displaced Persons and Host<br />
Communities<br />
Awareness programmes were conducted for the displaced communities and the host<br />
communities in the view of making them aware on their rights and to make them<br />
constructively response to their rights violations.<br />
These programmes were specifically arranged with the assistance of the Human<br />
Rights Animators and mostly on their request. Furthermore Project when visiting the<br />
areas finds out that the people should be made aware o specific issues such as Laws<br />
related to Arrest and Detention, Remedial Institutions then the Project would arrange<br />
an awareness programme sometimes this could be a peace building programme to<br />
sooth the tension between the Displaced Community and the Host Community.<br />
Project also received request to conduct awareness programmes on Emergency<br />
Regulations and camp management, women rights, child rights etc.<br />
Project conducted a total of 74 porgrammes in 06 regions and 4,159 both displaced<br />
and host community persons participated for the programme.<br />
Conducting<br />
awareness<br />
programmes<br />
Objective 3: Legitimate Intervention for Protection of Human Rights<br />
3.1. Enactment of the Internally Displaced Persons Bill<br />
Project initiated the Programme of drafting a proposed bill on Internally Displaced<br />
Persons for the following reasons.<br />
• It was observed that different kinds of internally displaced persons i.e. war<br />
displaced, Tsunami displaced, displaced by development oriented programmes<br />
were being treated differently<br />
• The persons displaced by war, natural disasters and development oriented projects<br />
are unable to exercise certain rights and enjoy benefits afforded under existing<br />
laws<br />
• The displaced persons are subject to certain disadvantages as a result of their<br />
inability to comply with certain existing legal requirements<br />
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National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
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Thus through the proposed Bill Project wishes to guarantee certain rights for the<br />
internally displaced persons and also provide for a certain number of agreed welfare<br />
for the displaced persons whether displaced by natural disasters, war or by<br />
development oriented programmes. Though the proposed Bill an Authority will be<br />
established to monitor the implementation of the Bill. Bill will also discuss the<br />
Following issues namely Registration of the Internally Displaced Persons, Health and<br />
Sanitation, Education, Personal Documents of the Internally Displaced Persons,<br />
Compensation for deaths and injuries, housing and property damages, Food Relief,<br />
Special Provisions for the voluntary groups, Vocational Training etc.<br />
Project has already prepared the Bill and the necessary support papers and presently<br />
the Bill has been circulated in the Regional Level and in the National Level among<br />
the Government Officers and Non Government Organizations for their feed back and<br />
presently making arrangements to lobby the Bill among the Government stake<br />
holders.<br />
3.2. Implementing the National Policy on Resettlement<br />
There had been large scale resettlement programmes arranged for people displaced by<br />
development projects, natural disasters or by war. But unfortunately a comprehensive<br />
policy covering all these types of displacements and resentments have not been<br />
compiled in the country and it has lead to different treatment of different kinds of<br />
displaced persons.<br />
Thus Project decided to prepare a National Policy on Resettlement with the<br />
participation of Stake Holders in the national and Regional Level. The areas that will<br />
be discussed in the workshop are i) Land and Compensation, (ii) Site and Shelter<br />
planning, (iii) Selecting beneficiaries and ensuring participations of them, (iv)<br />
Implementation and Stakeholder Coordination, (v) Motivation and Socialization and<br />
(vi) Construction and Settlement and (vii) General Policy guidelines<br />
The main stages of drafting the National Policy were started in last year and the focus<br />
in the Year <strong>2007</strong> was to conclude final drafts of the policy. Furthermore due to<br />
security situation Project was not able to conduct workshops in Mannar and in Jaffna.<br />
In year <strong>2007</strong> Project was able to conduct a workshop in Mannar on the 18 th October<br />
with the participation of 39 stakeholders representing both Governmental and Non<br />
Governmental sector.<br />
After scrutinizing all the out comes of the regional work shop, project was able to<br />
draft the background paper and the policy guidelines of the National Policy. Moreover<br />
Project was able to get the media coverage for the National Policy on Resettlement<br />
from ‘Derana’ channel and Channel Eye and it was highly appreciated.<br />
The National Policy was submitted to the Human Rights Commission and in the<br />
coming future Project will release the Policy to the necessary stakeholders<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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3.3. Legal Research<br />
In this proactive role of Human Rights protection in assessing selected issues of the<br />
displaced persons Project intends to assess the situation of the displaced community,<br />
with regards to the selected rights. Then the Project intended to lobby the Findings<br />
among the stakeholders in the regional and national level.<br />
One of the topics that were chosen was Rights to Education of the Displaced<br />
Children. The objective of the right to education research paper is s to assess the<br />
educational rights of the conflict related <strong>IDP</strong>s in Sri Lanka and the availability,<br />
accessibility, acceptability and adaptability of this right. While assessing the right, the<br />
issues regarding equity and equality and also discriminations suffered by displaced<br />
students and the availability of affirmative actions for such discriminations have been<br />
addressed. In this regard, the educational situation in six Districts of Sri Lanka,<br />
namely Batticaloa and Trincomalee of the Eastern Province, Mannar and Vavuniya in<br />
the Northern Province, Puttalam in North Western Province and Anuradhapura in<br />
North Central Province were identified. Based on the facts and information from the<br />
Districts, the issues and problems relating to education were crystallized and the<br />
recommendations have been submitted to the relevant stake holders to overcome the<br />
issues and problems so raised<br />
Project obtained the service of a researcher to conduct a research on the health<br />
situation of the displaced persons. This was not a legal research and a research to<br />
assess the Heath and Sanitation standards of the displaced Communities. Researcher<br />
visited welfare centers, resettlements and relocations in North Central and Eastern<br />
parts of the country. Project will utilize the findings of this report in conducting<br />
regional and national level awareness programmes with the Health authorities to<br />
promote the health service standards among the displaced community.<br />
Conducting the research in Trincomalee<br />
3.4. Facilitation of Mediation Boards in the Districts<br />
Mediation boards have been established in Sri Lanka through the Mediation boards<br />
Act No. 72 of 1988 and later amended by the Act No. 15 of 1997 and by the<br />
Mediation (Special Categories of Disputes) Act No. 21 of 2003. Mediation Boards<br />
function with the aim of settling disputes in a friendly manner.<br />
The advantages in settling the disputes through Mediation Board are that it avoids<br />
further grievances and disputes between the disputing parties as they are not<br />
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National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
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adversarial in nature. In addition, Mediation is inexpensive and not time consuming.<br />
There are some disputes and offences where act has referred as mandatory it must be<br />
referred for mediation before any proceeding start from courts and other disputes<br />
which may voluntarily be referred for Mediation by the choice of the parties. In this<br />
ambit, it is apparent that the service done by the mediation boards are very helpful for<br />
the country and its people to ensure justice. Even though the services provided by it,<br />
highly appreciated, there are people who do not have access to mediation boards. The<br />
worst side of this scenario is that the people are still suffocating from the<br />
disadvantages of the adjudicative process and it has caused unnecessary case backlogs<br />
at the courts.<br />
In order to establish a Mediation Board, the area should be specified as “Mediation<br />
Board Area” in the gazette by the minister according to the section - 4 of the<br />
Mediation Boards Act. In addition, according to the section 5 of the Act, the<br />
Mediation Board Commission should call for nomination for appointment of<br />
mediators. Interview will be held soon after receiving the applications form the<br />
candidates. Then; the selected candidate will be given residential training by the<br />
Ministry of Justice as mediators.<br />
Function of the Mediation Board is very rarely found in most of the area in Batticlaoa,<br />
Trincomalee, Vaunya, Mannar and Jaffna District. There are some areas recently<br />
controlled by the Government Security Forces. Since most of the inhabitants in the<br />
district have no access to Mediation Board, they have to access courts to seek<br />
remedies for their grievances. As the people in the resettled area or in the displaced<br />
districts are very much under poverty level, they find very much difficult to access the<br />
court when their rights are being violated. Considering the difficulties of the people in<br />
the district and the need of the function of the Mediation Board, the NPDS for <strong>IDP</strong>s<br />
Project of Human Rights Commission of Sri Lanka, decides to facilitate to<br />
establishment of the Mediation Board in the area.<br />
The National Protection and Durable Solution for Internally Displaced Person’s<br />
Project of Human Rights Commission of Sri Lanka (The Project) decided to facilitate<br />
remedial mechanisms including Mediation Board under its objective. The function of<br />
the Mediation Board has been stagnated especially in North and East Provinces.<br />
Therefore, it is decided to facilitate the Mediation Board Commission to expedite the<br />
process of setting up the Mediation Board especially in some districts in North and<br />
Eastern Provinces. The Project facilitates the Mediation Board Commission to collect<br />
applications form the candidates and to hold interviews in the Divisions and to<br />
expedite the process of training for mediators.<br />
In this regard a numbers of activities had been under taken by the Project in Jaffna,<br />
Batticaloa, Trincomalee, Mannar and Vaunya District for the establishment of<br />
Mediation Board.<br />
Jaffna District<br />
In Jaffna district, approximately 617,543 persons from 191,955 families are living in<br />
435 GN Division of 15 DS Divisions as per <strong>2007</strong>.08.31 District Secretariat Statistic.<br />
Jaffna District has 15 police stations. Out of 15 DS divisions in Jaffna, Mediation<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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Boards were already functioning only in 09 areas namely in Jaffna, Nalloor, Velanai,<br />
Kayts, Chankanai, Thellipalai, Sandilipai, Uduvil, and Karaveddi. In Jaffna District,<br />
all DS divisions, except Karainahar, have been specified as Mediation Board area and<br />
by the Gazette No 1315/13 published on 2003.11.20; a Notice had been called for the<br />
nominations for the appointment of Mediators in the area.<br />
With regard to the establishment of Mediation Board, in the rest of the areas in Jaffna<br />
district,<br />
The project had a meeting on <strong>2007</strong>.07.19 with the GA of Jaffna. In addition, The<br />
Program Manager had a meeting with the GA of the Jaffna District on <strong>2007</strong>.08.01<br />
regarding the establishment of Mediation Board in the rest of the divisions.<br />
Subsequently, the Project had facilitated the Mediation Board Commission to hold the<br />
interviews in the rest of the areas. In this regard, interviews were held in Delft,<br />
Nalloor, Point pedro, Mathurenkerny, Chavakachcheri, Koppai, and Karinahar<br />
Divisions with the support of the NPDS Project.<br />
The outcome of the interviews in Jaffna district is given below in the table.<br />
No Mediation Board area Date of Interview Numbers of Person<br />
Selected<br />
01. Delft <strong>2007</strong>.09.10 08<br />
02. Nalloor <strong>2007</strong>.09.10 05<br />
03. Pointpedro <strong>2007</strong>.09.11 25<br />
04. Maradenkerny <strong>2007</strong>.09.11 02<br />
05. Chavakachcheri <strong>2007</strong>.09.12 25<br />
06. Koppai <strong>2007</strong>.09.13 25<br />
07. Karai Nahar <strong>2007</strong>.09.14 12<br />
Due to the unrest situation and displacement, only few candidates only reported from<br />
Delft and Mathurenkerny. The applicant should be called again for the interview in<br />
the areas. Applicants from Nalloor had only been called to fill the vacancy of the<br />
Panel of Mediation Board in Nalloor.<br />
Batticaloa District<br />
In Batticaloa district, approximately 579,469 persons from 147,197 families are living<br />
in 348 GN divisions of 14 DS Divisions which consist of 422,679 Tamils, 151,487<br />
Muslims, 4,117 Burgers and 1,162 Sinhalese and 24 others as per 2005/2006 District<br />
Planning Secretariat statistics. There are 12 police stations and 30 police post in<br />
Batticaloa District. Out of 14 divisions in Batticaloa, Mediation boards were alraedy<br />
functioning only in six places namely Kattankudy, Oddamavady, Eravur,<br />
Valaichchenai, Batticaloa, Manmunai Pattu.<br />
Most of the DS divisions in Batticaloa are recently captured by the Sri Lanka Security<br />
Forces. Still resettlements are being in progress in those areas. According to the<br />
Gazette dated on 20 th of July 2004, Koralai Pattu South (Kiran), Manmunai south<br />
Eruvil Pattu (Kaluvanchikkudy) and Koralai Pattu North (Vakarai) were gazetted as<br />
Mediation Board areas in Batticaloa District.<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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When the Program Manager of the NPDS for <strong>IDP</strong>s Project had a meeting with the<br />
GA, Batticaloa on 17 th of May <strong>2007</strong> with regard to the establishment and need of<br />
Mediation board in the rest of the area, GA agreed to form Mediation Board in other<br />
area if those areas once it is endorsed in gazette. Except Vaharai, Vellaveli, Pattipolai<br />
and Vavunathivu Divisions, interviews were held by the Mediation Board<br />
Commission to recruit the panel mediators in all other areas in Batticaloa.<br />
Since the interviews were not held in the said Divisions, the project decided to<br />
facilitate the interview process in the areas. Subsequently, the applicants of Vaharai<br />
and Vellavali had been called for interview in the last week of December <strong>2007</strong>.<br />
Initially, the interviews were held with the support of the Project in Vellavali and<br />
Vaharai to select the panel members of mediators in the areas. Divisional Secretary<br />
and Administrative Officer of Vellavaelli and Vaharai have presented as interviewer<br />
for the respective division with the Assistant Legal Officer of the NPDS project<br />
Vavunya and Batticaloa. 15 numbers of applicants in each division have been selected<br />
form the interview for the residential training.<br />
Picture taken on <strong>2007</strong>.12.31 at the DS office Vaharai in the Mediation Board Panel Member Selection interview<br />
For Pattipolai and Vavunathivu Divisions, interviews for the selection of Mediator<br />
will be held in 17 th and 18 th of January 2008 respectively. Interviews were held by the<br />
Mediation Board Commission in rest of all other area in Batticaloa District.<br />
Trincomalee District<br />
In Trincomalee district, approximately 412,547 persons from 101,743 families are<br />
living in 230 GN divisions of 11 DS Divisions which consist of 143,282 Tamils,<br />
168,696 Muslims, 100,454 Sinhalese and 115 others as per 2005/2006 District<br />
Planning Secretariat statistics. There are 12 police divisions in Trincomalee District.<br />
In Trincomalee, only four mediation boards are in operation namely in Kantale,<br />
Gomarankadawela, Pathavisiripura and Thampalakamuwa.<br />
Mediation boards are to be formed at Town and Gravets, Kinnya, Seruvila and Muttur<br />
Division since these areas are specified in gazette, on 2003.11.20, to call for<br />
application for the nomination of Mediators. In addition, Moraveva and Kuchchaveli<br />
Divisions also have been gazetted on 2004.07.20 as Mediation Board areas in<br />
Trincomalee district. Eachilampattu Division which came under the control of the<br />
government in last year still has not been gazetted as Mediation Board area.<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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Since, Mediation Boards are not formed in most of the areas at Trincomalee; the<br />
Project decided facilitates the establishment of Mediation Board in the rest of the area<br />
in Trincomalee District. In this regard the Project had a meeting with the GA of the<br />
Trincomalee District on <strong>2007</strong>.07.25 regarding the establishment and need of<br />
Mediation Board in the rest of the divisions. The procedural and documental support<br />
was requested by the GA of Trincomalee District. The Project provided all the related<br />
gazettes and laws related to establishment of Mediation Board and applications were<br />
called through Divisional Secretariat of Each division. As a result, numbers of<br />
application received form each Division.<br />
It is scheduled to have interviews for the selection of Mediators in Kuchchaveli,<br />
Kinnya and Muttur divisions on 16 th , 17 th and 18 th of January 2008. In the rest of the<br />
areas dates will be fixed very soon to hold interviews.<br />
Mannar<br />
In Mannar District, approximately 103,936 persons are living in 153 GN divisions of<br />
05 DS Divisions, as per 2005/2006 District Planning Secretariat statistics. There are<br />
only 3 police stations in Mannar District. In Mannar, still there are no mediation<br />
boards functioning. But the necessity for the establishment of Mediation Board is felt.<br />
In Mannar district, Mannar town, Nanattan, Madu, Musali and Mantahi west are<br />
gazetted on 2004.07.20 as Mediation Board area and the application for the<br />
nomination for the mediators had been called in the gazette dated on 2004.10.04 for<br />
the above area. The <strong>IDP</strong>s Project, Mannar had three meeting with the GA of the<br />
Mannar District regarding the need for the establishment of mediation boards in<br />
Mannar.<br />
Subsequently, the NPDS project and GA of Mannar called for a meeting on<br />
<strong>2007</strong>.05.19 with the Divisional Secretaries of the Mannar District regarding the<br />
establishment of MB. The GA, in the meeting stated that to start the establishment of<br />
MB board initially in Mannar DS division then to extend to Nanattan and Musali<br />
Divisions.<br />
In addition, the NPDS for <strong>IDP</strong>s Project has advertised on <strong>2007</strong>.12.10 in Thinakaran<br />
and Dinamina News paper to apply for the panel members of Mediation board in<br />
Mannar, Madu, Nanattan, Musali and Manthai Divisions. The interviews, for the<br />
selection of Panel of mediators will be held soon after receiving the application.<br />
Vavunya<br />
In Vavunya district, approximately 180,949 persons are living in 102 GN divisions of<br />
4 DS Divisions as per 2005/2006 District Planning Secretariat statistics and there are<br />
only two police stations. There are no Medaition Boards in Vavunya Dsitrict.<br />
Vavunya, Vavunya South and Venkalachettikulam are gazetted on 2003.11.20 to call<br />
for application for the nomination of Mediators. Vavunya north is not under the<br />
control of government. Interview has already been conducted in Vavunya South for<br />
the selection of Panel of Mediators there.<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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The Project had a meeting with the GA of the Vavunya District regarding the<br />
establishment and need of Mediation Board in the rest of the areas in the District. GA<br />
agreed to form Mediation Board in the above area. The interview will be held in soon<br />
with the support of the NPDS Project.<br />
In Brief, applicants of Delft and Maderenkerny Divisions in Jaffna District should<br />
over again be called for interview as the number person was not attended in the<br />
interview held there due to security reason. Karainhar AGA Division in Jaffna Should<br />
be endorsed in gazette as “Mediation Board area” according to the section 4 of the<br />
Mediation Board Act. In Trincomalee, Eachilambattu should be authorized as<br />
“Mediation Board area” by a gazette notice. Dates should be confirmed for the<br />
interviews of the applicants in Seruvila, Moraweva and Town & Gravets Divisions in<br />
Trincomalee. In Batticaloa District, steps must be taken to provide the initial training<br />
for the selected candidates (in the 8 divisions where the selection procedures of<br />
Mediators already came to an end) by the Ministry of Justice. Although, the all DS<br />
areas in Mannar and Vavunya District, except Vavunya North, had been endorsed in<br />
Gazette as “Mediation Board Area “ , still no progress in establishment of Mediation<br />
Board in the area. However, interview for the selection of mediators already have<br />
been concluded in Vavunya South and initial training should be provided for the<br />
selected candidates.<br />
The selected candidate’s list from the each district sent to the Mediation Board<br />
Commission for further action.<br />
3.5. Conducting Constructing Field Visits<br />
Visits conducted by the Project are both proactive and reactive in protecting the rights<br />
of the displaced community. Geographical visits conducted by the Project are planned<br />
visits that have been scheduled for a specific location as it is expected that these<br />
regular visit will enable to project to address protection needs of the displaced<br />
community and also will act as a preventive measure. Project also conducts thematic<br />
visits and these are basically reactive measures where the Project visits a location as a<br />
result of a complaint or due to an incident reported or any other specific reason.<br />
Below are the details of both Geographical and thematic visits conducted by the<br />
Project.<br />
Region<br />
Number of Visits<br />
Anuradhapura 21<br />
Batticaloa 22<br />
Jaffna 07<br />
Mannar 10<br />
Trincomalee 29<br />
Vavuniya 16<br />
Total 124<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
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Conducting visits<br />
Project was able to provide many remedies for the displaced communities through<br />
these visits. Below are some of the details.<br />
Anuradhapura : Medawewa Relocation village, Kabethigollewa DS Division<br />
Project after discussions with DS was able to provide water tanks that were necessary,<br />
in Kudawewa, Madawachchiya DS Division, project with discussions with NGOs<br />
was able to provide school items to needy children, in Government Paddy Store<br />
welfare center, Ippologama DS Division project after discussions with DPDHS was<br />
able to provide a doctor for the nearby Rural Hospital as a doctor was available,<br />
Salambapura, Rambewa DS Division temporary toilets were provided for the<br />
school as they did not have toilets, Mawathwewa school in Horowpathana DS<br />
Division didn’t have the necessary teachers and after discussion with Education<br />
Department necessary teachers were sent.<br />
Batticaloa : At the beginning of the year Project conducted visits to number of<br />
welfare centers situated around Batticaloa town providing protection to people<br />
displaced from Trincomalee and Batticaloa areas and monitored the Human rights<br />
Situation, issues of forced resettlements too were reported and Project timely<br />
intervened to prevent such resettlements, later part of the year Project visited the<br />
resettled areas in the recently cleared areas to monitor the resettlement process.<br />
Jaffna : Project visited number of welfare centers situated around Jaffna to monitor<br />
the Human Rights situation and found many issues related to dry rations, shelter and<br />
electricity and discussions were conducted with relevant authorities to provide the<br />
mentioned facilities.<br />
Mannar : especially during the displacement in September Project regularly visit the<br />
new centers and closely work with the Government Officers to provide facilities such<br />
as drinking water and toilet facilities to the displaced persons, number of instances<br />
were reported about providing bad quality dry rations and delay in providing dry<br />
rations and Project after discussions with health officials was able to solve the issues.<br />
Mobile clinics were conducted to provide personal documents and Project utilized<br />
these field visits to collect necessary details and also to aware people about the<br />
programme.<br />
Puttlam : In Mallihapuram, Fareedabath, Sembaamadu and Madeenapuram in<br />
Puttlam DS it was mentioned that they have a mosquito issue and Project organized a<br />
Sramadana with the assistance of Pradeshiya Sabha to clean the area. there were<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
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many legal issue that relocated and resettled communities were interested in knowing<br />
and through Human Rights Animators Project was able to aware the communities.<br />
Trincomalee : there were many instances that it was complained that people were<br />
being resettled without their consultation and Project intervened and prevented such<br />
issues, After observing the most of the people in recently resettled areas have lost<br />
their personal documents project decided to conduct mobile service programmes in<br />
those areas and visits were used to collect details and to provide information to people<br />
about the mobile porgrammes, Project regularly visited the resettled areas to monitor<br />
the situation.<br />
Vavuniya : After observing the mismanagement in the regions Project in many<br />
welfare centers established camp coordination systems and this greatly assisted the<br />
people who have been living in welfare centers for decades, After observing that<br />
many people in welfare centers have lost their personal documents project conducted<br />
mobile service programmeswth the assistance of the Registrar General Department<br />
and visits were used to collect necessary details and to aware people.<br />
3.7. Conducting Fact Finding Missions<br />
Time is the essence in the Protection of Human Rights and Project initiated Fact<br />
Finding Missions and quick response programmes to address human rights issues and<br />
to minimize systematic violations.<br />
Regional Offices conducted number of quick response visits to welfare centers and<br />
other settlements when they receive credible information of possible human rights<br />
violations. On such visits Project was able to monitor he situation and was also able to<br />
take necessary actions against the responsible authorities. The issues that Project was<br />
able to interfere, ranged from security related issues to livelihood aspects. This<br />
method is more effective than complaints made by individuals as by such<br />
interferences Project is able to provide protection to large number of persons.<br />
Project also conducted number of Fact Finding Missions in its regions. Most of these<br />
were focused on human rights situation of a particular geographical area.<br />
• Batticaloa: 21 st – 23 rd March Project visited the recently opened welfare centers<br />
for the people displaced form Thoppigala, Vauniatheevu and Karadiven Aru.<br />
Project monitored the facilities that were made available for them and coordinated<br />
with the necessary authorities which are providing relief to these people.<br />
• Weli Oya AGA Division, Anuradhapura: 22 nd and 23 rd May, this visit was done<br />
with the participation of the remedial institutions. Discussions were held with<br />
Government Officials and people in the area and their issues of concern were<br />
pointed out to the visitors. This is one of the least developed areas of the Mahaveli<br />
scheme and supportive programmes were requested and people were also<br />
concerned about their security as it is an area bordering Vavuniya and Mullathivu<br />
districts and they requested more security protection.<br />
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National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
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• Vaharai DS Division, Batticaloa – 2 nd and 3 rd June - Project visited, Batticaloa<br />
after Government took control of the area. Government resettled 14, 568 persons<br />
from 4, 227 families and in this fact finding mission Project was able to monitor<br />
the human rights situation and to take actions by lobbying the findings among the<br />
local authorities and in the national level. Project prepared a fact finding mission<br />
which referred to registration of the resettled people, relief and education and<br />
health facilities and forward the findings and recommendations to the local and<br />
national authorities and Project received positive response from the authorities.<br />
One of the most successful responses was the sending of school books to schools<br />
in Vakarai by the Ministry of Education after receiving the Fact Finding Report.<br />
• Echchilanpattu AGA division, Trincomalee - 23 rd -24 th July – Fact Finding<br />
Mission was conducted to monitor the situation of the recently resettled persons.<br />
Discussions were conducted with Government Officials, Officers from Forces and<br />
resettled persons. It was requested to upgrade the AGA division to a DS office so<br />
more facilities will be made available to the people. Project also visited the<br />
Killiveddy Welfare center and Paddithiddal welfare center where people whose<br />
houses are situated in the Muthur west High Security Zone were temporarily<br />
settled. So far they were not provided with alternative land or compensation.<br />
These issues were lobbied in the national level and in the regional level among the<br />
Government and Non Governmental stake holders.<br />
• Poratheevupattu, Manmunai South West and Manmunai West DS Division,<br />
Batticaloa – the Fact Finding was conducted to monitor the situation of the<br />
recently resettled persons. Project conducted meetings with Government Officials,<br />
Officials from the STF and recently resettled persons. Most of the issues were<br />
related to security and livelihood and they were lobbied with the necessary<br />
national and local stake holders.<br />
• Nanattan Division, Mannar – 17 th September - people who were displaced from<br />
Silavathura due to the Operation that was carried out by the security forces were<br />
temporarily residing in 3 welfare centers situated in Nanattan DS division.<br />
Discussions were held with the local authorities and Project tried to facilitate the<br />
relief programmes for the displaced persons.<br />
- <strong>2007</strong> Annual Report -<br />
National Protection and Durable Solution for Internally Displaced Persons Project<br />
Human Rights Commission of Sri Lanka<br />
E: hrccidp@sltnet.lk W: www.idpsrilanka.lk<br />
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