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An Appeal for Immediate Humanitarian and Rehabilitation Support in the North and East of Sri Lanka
We - the Sub-Committee for Immediate Humanitarian and Rehabilitation Needs in the North and East – are today conducting the first meeting of this committee in the Government Agent's Office in the war devastated town of Kilinochchi in northern Sri Lanka. The Sub-Committee is a body appointed by the plenary committee of the negotiating process representing the Government of Sri Lanka (GOSL) and the Liberation Tigers of Tamil Eelam (LTTE).

A Background for Our Appeal

Behind us are 19 years of violent conflict. A conflict that has left in its wake more than 60,000 persons killed and several times that crippled and maimed. It has resulted in human rights violations and destruction of social and economic infrastructure. Around us are minefields, devastated homes, neglected agricultural land, damaged infrastructure, destroyed production equipment and ruined factories.

The above is presented with no pride, nor with the aim of seeking pity, but in an attempt to describe reality to ourselves and the international community.

While the above is reality, so is the fact that even in this town we are surrounded by individuals travelling, transporting and working to bring – to the best of their resources and ability – some normalcy back to their devastated lives. This is encouraging since we know that the people all over the region are willing to demonstrate the same resilience and initiative given a minimum of opportunity.

Encouraging is also the development in the peace process – of which this committee is an integral part.

The conflict in Sri Lanka unfolded from inequity in distribution of power leading to inequality in distribution of resources and opportunities. This was a major cause for the war that has resulted in a protracted and devastating armed conflict.

Through the on-going peace process, it is the aim of the Parties to seek a negotiated political settlement to the ethnic conflict in the island and to bring to an end the destruction of life and devastation of property. It is now a time when one should turn to meeting the needs of the people and recreating a sense of equality among, and concern for the entire population of the island.

To re-establish some degree of normalcy for the entire population was a central element in the cease-fire entered into between the LTTE and the GOSL in February this year. The cease-fire is holding. We do not pretend that it is flawless. Lessons have been learned, and are still being learned on both sides of the divide. But the guns were silenced; contact was established among long-parted families; goods and services flowed into hitherto restricted areas; security barriers were demolished; schools and religious places were vacated by security forces; and people could return to their livelihood.

With the assistance of the Sri Lanka Monitoring Mission (SLMM) the above changes have been followed by direct contacts in order to resolve practical problems and avoid a return to arms.

Finally, in September the first political negotiations towards a settlement of the conflict took place. The people of the region sensed a ray of hope that a more lasting peace would dawn.

During the two first rounds of talks in Thailand the Parties have demonstrated an unprecedented level of resolve to co-operate in order to find a way towards this goal. The pragmatic and conciliatory approaches adopted by the Parties have facilitated the progress of the peace process and avoided breakdown pitfalls. Committees are operational, in order to reduce tension, facilitate return of Internally Displaced Persons (IDPs), and in identifying models of governance and ways of moving the process forward.

The Need for International Action

Both Parties recognise that unless the people urgently experience practical benefits from the process much that has been gained can be lost.

The whole population has suffered from the consequences of the war. The above recognition is a political reality in the south. There are, however, ample reports and documentation that demonstrate beyond question that in terms of displacement, damage and devastation the North and East has had to bear the overwhelming brunt of the conflict.

It is in this context we are assembled with a mandate to identify and prioritise immediate needs of the civilian population of this region, identify the activities required to meet these needs, select implementing institutions, and monitor the progress of activities initiated.

We, however, also recognise that the state of Sri Lanka, despite its considerable efforts, is unable to provide the resources needed to meet even the most immediate needs.

Therefore, the Parties – with gratitude for its political support to the process – approach the international community to demonstrate this support by enabling the two Parties in co-operation to assist the people of the North and East in reaping early and tangible benefits of the ongoing process.


We finally recognise that in order for such assistance to be sustainable:

Basic human rights, gender equality and democracy must be strengthened for the entire population in the region. The Parties will actively pursue this necessity.
A final solution must be arrived at through negotiations. The Parties have already demonstrated their intent, and have reiterated their commitment to continue their co-operation in order to achieve this objective.
Reconciliation must take place between the ethnic communities and between individuals. We will pursue this goal through introduction of programmes with this as an aim.
 
In the above context we also draw attention to the Guiding Principles laid down by the Parties for implementation of activities to meet the immediate needs of the population (annex 1). We pledge to do our utmost to ensure that these guiding principles are adhered to.
 
The Immediate Humanitarian and Rehabilitation Needs

On the table in front of the Committee are documented “needs assessments” from GOSL, LTTE, UN, the Multilateral Banks and Non-Governmental Organisations. From such documents and as a result of discussion, the Parties have agreed that three main areas of immediate needs must be given our full and unimpeded attention.

The Committee has as yet not been able to study the available documents collectively in detail. In a situation such as this there are – quite naturally - bound to be differences in background data and interpretation. The Committee has in this appeal concentrated on a conservative presentation of the situation and needs – which is more than adequate to describe, in stark reality, the challenges ahead.

 
Assistance to Returning IDPs

By conservative statistics there are 800,000 to 1,000,000 IDPs from the North and East, and this figure might not adequately cover those having been displaced by the war of the areas Mullaitivu, Kilinochchi and Mannar. This represents some 200 – 250,000 families looking to resettle and rebuild their lives. In addition, there are more than 60,000 refugees in Indian centres, and an undocumented number living with families in the southern states of that country.

A large number of these families have been displaced for more than a decade. Many again have experienced multiple re-locations. The vast majority of the breadwinners are fishermen, subsistence farmers, agricultural labourers and unskilled workers. What has existed with them as financial resources and other coping mechanisms have long ago been exhausted.

In desperation - and in spite of minimal assistance or infrastructure being available – more than 42,000 families were identified as having moved or are in the process of moving back for resettlement. Another 100,000 families are likely to follow within a short time.

Resettlement is a crucial element in any attempt to restore normalcy for the population – not only the returnees. However, the returnees are in but few cases coming back to a situation of devastation. Homes are damaged, water supply non- existent, tank and irrigation systems broken, boats destroyed and production implements lost.

Experience indicates that the large majority of returnees are prepared to take responsibility on their part, but they must have every right to expect that a basic minimum of assistance can be provided. Such assistance has only to a very limited extent been provided so far. Government estimates indicate that US$ 1000/family will be required for a dignified resettlement and rehabilitation.

The Problem of Mines and UEOs
It is estimated that some 1.5 million mines and UEOs are located in the Vanni area alone. Similar estimates for the rest of the North and East indicate 0.5 million mines and UEOs.

The mines and UEOs represent a serious impediment to the safe return and livelihood of IDPs and those who have continued to live in these areas. Regrettably, reports are regularly documented from villages and health centres of men and women, and not the least children, having been killed or maimed in the course of trying to sustain a living.

In encouraging people to shoulder the main burden of rebuilding their lives and community, the least we must be able to do is to provide them security from these terrible remnants of the war.

Present Level of Support
There are several ongoing activities in the North and East attempting to meet some of the above challenges. However, GOSL statistics indicate that not more than approximately. US$ 20 million has been committed by donors for such needs as described above. No sophisticated level of calculation is required to understand the absolute inadequacy of such resources.

Priority Activities
For obvious reasons, SIHRN have not as yet been able to identify in any detail the actions required to meet the above needs. It is, however, envisaged that grants for families in cash or kind in order to ensure sustenance must form part of any assistance to the IDP families. Support in the form of a combination of grants and loans for rebuilding or repair of housing will be a necessity. So will assistance to repair or rebuild clean water supply and access roads to areas of settlement. Last but not least, an extensive program for “humanitarian mine action” must be embarked upon with immediate effect.

 
The Needs of Children and Women

It is estimated that more than 300,000 children have been directly affected by the conflict in the North and East. The right of these, and the 700,000 other children estimated to live in the region represents a challenge to society. For the children of these war-torn areas these rights are today being infringed upon.

Safety and Care
All children have a right to safety and care. As a result of the war, thousands of children are without this basic necessity either because both parents have been killed or only one breadwinner exists in the family being unable to cope with the demand. Orphanages are crowded and under-funded.

Health Needs
Inadequate health services are a serious problem for all sections of society. For mothers, and children in their formative years, it results in long-term suffering and deprivation.

Lack of investment and damage and destruction to the infrastructure facilities severely limit the provision of basic services. Poor sanitation and lack of safe drinking water contribute to the prevalence of disease.

Respiratory infections are common in the North and East, and outbreaks of diarrhoea are frequent. Malaria is resurgent and is epidemic in these areas and over 60 % of the total number of cases reported is from the North and East. Due to the inadequate medical supplies, these diseases can be fatal in the North and East. Surveys have shown a considerably higher degree of malnutrition among children in formative age and lactating mothers, than in other parts of the country.

The absence of Medical Officers of Health and support systems are impeding delivery of preventive care. The same applies to the working conditions for Family Health Workers.

Hospitals in the North and East are dilapidated and deteriorating for want of maintenance. Most hospitals lack adequate basic facilities. There had been very little investment in the secondary curative care facilities since 1980.

Nearly 1 million children had been living in a highly militarised environment and are subject to stress and trauma. As a result, both the physical and the cognitive development of these children are impaired. Their ability to concentrate in school is low. This also has contributed to high dropout rates in schools.

Education
School-aged children who are out of school in the conflict areas are very much higher than the island wide figure of 15%.

One of the main reasons for the high school drop-out rate is an acute shortage of trained teachers. This has resulted in excessive reliance on untrained voluntary teachers. Children are also compelled to join the labour force in order to supplement the inadequate family income. Dilapidated conditions of the educational institutions and lack of transport facilities act as further deterrent to attending classes regularly.

It must be added, that this situation is prevailing in a society that for centuries has held education in the highest esteem, and where one therefore knows that the local society will do its utmost to keep these institutions going.

On Children’s Rights
The statement above only refer to three of the many areas of concern related to children, but provides in the Committee’s opinion, ample evidence of the trying circumstances for the coming generation.

The Committee is of the opinion that children belong with their parents or close relatives, or, when this is not possible in institutions that can provide adequate care. Their place is in schools and educational institutions - not in the workplace – whether civilian or military.

Ongoing Activities and Level of Support
The GOSL with finances from and in co-operation with UN agencies, WB, ADB and bilateral donors are involved in a number of ongoing projects and programmes in order to improve the areas of water-supply, health, education and child care.

In the implementation of projects in the North and the East, UN agencies, Development Banks and other donors have been consulting the LTTE.

The above activities are of considerable importance to the population in general, but it must be emphasised that the needs are considerably greater than what the present activities can cover. It must also be recognised that the services are geographically unevenly provided and large parts of the population – particularly in the areas Kilinochchi, Mullaitivu and Mannar, as well as areas of Trincomalee and Batticaloa have so far benefited little from more concerted efforts in rectifying the short-comings.

Priority Activities
SIHRN will in connection with prioritising activities draw inspiration from “The Rights of the Child”.

Priority will be given to assist children without guardians or breadwinners, and to facilitate the safe return of children traumatised or otherwise affected by war to normal life.

Improving educational facilities and ensuring that children of the school-going age are relieved from their working duties and returned to education will be given importance.

The same applies to ensuring that the health sector is given the necessary support in strategically vital areas, in order for the whole system to become more effective and responsive to the needs of the population.

Widows and Single Breadwinners
The war has resulted in more than 30,000 widows. Widowed and abandoned, women have been forced to take on the traditionally male role as the primary breadwinner of the family. This task has proven to be extremely difficult due to the lack of education/vocational skills as well as social infrastructure needed. Access to credit is another area that tends to create more problems for women than men in their attempt to secure self-employment and livelihood. Therefore, it is necessary to embark upon activities that with immediate effect target these women in particular.

 
The Need for Dignified Livelihood

The livelihood of the population in the North and East depended mainly upon agriculture, livestock and fisheries. Some medium-scale industrial activities were in operation prior to escalation of the conflict. These along with a few large-scale industries like the Cement Factory in Kankesanturai, Paper Factory in Valachenai and a few others, provided unskilled and skilled employment. Most of these are presently not functioning.

The destruction to the economic livelihood in these areas covers a range of issues.

Damages to the infrastructure facilities such as roads, irrigation, and water supply reduced production and efficiency. Loss of equipment and direct war damages aggravated the situation. The service delivery to support the micro-economic activities and other production activities were disrupted due to constant displacement of people and institutions and acts of war. This directly affected the small and landless farmers, and small-scale business activities. Other income generation activities had little or no scope due to the constant restriction on movement of people and goods. These restrictions also led to difficulties in transportation and loss of market opportunities.

The situation described above applies at a general level, over the whole of the North and East. The northern part of the country has, however, been more severely affected than the east, where the same situation manifests itself in significant areas.

Ongoing Activities and Level of Support
GOSL, in co-operation with and funding from, ADB, WB, UN agencies, bilateral agencies and non-governmental organisations is actively involved in a number of projects aimed at improving livelihood and production capacity.

Of these, the two larger programmes are the ADB project “Northeast Community Restoration Project” and a WB financed project.

Northeast Community Restoration Project, in addition to assisting emergency rehabilitation of water supply and sanitation, also deals with agriculture, fisheries, power-supply and education. It further covers elements on human development (training and human resource development). The total commitment up to now is US$ 133 million.

The World Bank has focussed on education, irrigation and emergency infrastructure programs. The total commitment is US$ 77 million.

The above-mentioned programmes are of a magnitude that they must gradually be expected to meet significant needs in the areas they are expected to cover. They are also designed to cover the entire area of the North and the East. Other programmes are more limited in scope and generally concentrated to areas under the control of the government.

Priority Activities
SIHRN will assist in ensuring quick and effective implementation of ongoing activities particularly in the area of roads reconstruction, transport facilities, water for irrigation, equipment and plants for the fishing industry, power and communication. SIHRN further see a need to concentrate efforts on making credit and advisory services available for both primary and secondary production units. For the deprived youth – regardless of gender - opportunities must be created for the pursuit of relevant education.

 
Relevant information on SIHRN

During the second session of the peace talks in Thailand in the beginning of November, the Parties agreed to set up the SIHRN as a short-term mechanism for responding to the immediate needs of the population. The establishment of SIHRN shall not impede the introduction of a provisional administrative structure for the Northern and Eastern Provinces and shall cease its operations as soon as this structure has been established.

The role of this Sub-Committee has already been described above and the guiding principles for implementation of its activities are enclosed
(annex 1).

The sub-committee will in its work be assisted by a secretariat drawing its personnel resources from among candidates proposed for secondment by both parties.

On financing of SIHRN and its activities the relevant provisions of the Terms of Reference of the Sub-Committee states as follows:

1
The cost of the Sub-Committee and its Secretariat, as well as the activities initiated by its decisions, will be financed by the Northeast Reconstruction Fund (NERF). GOSL and LTTE shall co-operate in soliciting contributions to NERF. NERF will be vested with X (foreign country/international organisation) on behalf of the donors and the parties.

2
Upon request from the Sub-Committee, X shall release funds for operation of the Sub-Committee, and for activities carried out by the implementing agencies. If the Sub-Committee ceases to function, the finances remaining will be reverted to the contributors on the basis of their initial contribution.
3
In the overall interest of rapid reconstruction and international
civil society participation, direct implementation by and funding of international and local institutions will be accepted. Such institutions shall, however, be required to consult with the Sub-Committee. They shall further be encouraged to comply with the priorities proposed by the Sub-Committee and report their activities to the Sub-Committee in order to avoid duplication of efforts.


The Sub-Committee found it appropriate to seek the comments of this Conference before approaching any state or international institution to act as the custodian of the finances provided to the fund.

In addition to contributions made through "the fund", financing through bilateral arrangement, as well as contributions through international organisations, is also welcomed, provided that the Sub-Committee approves the implementation of specific projects, as indicated in article 4.3 in the TOR.

On monitoring and auditing the Parties reached the following decision:

1
An internationally reputed firm of consultants shall monitor the activities financed by the Sub-Committee. The consultant will be contracted by and report to the Sub-Committee.
2
An internationally reputed auditing firm shall audit the financial transactions of the Secretariat and the activities financed by the Sub-Committee. The auditing firm shall be contracted by and report to the Sub-Committee and the sessions of the negotiations.
 
Final Comments

The Parties of this Sub-Committee have since December 2001 moved Sri Lanka from being a country in violent conflict to a situation of relative peace. The Parties have further reiterated their commitment to continue to seek a final and negotiated settlement to the conflict that has plagued the country for the last 19 years.

While the guns are silent and the population of the North and East have experienced some degree of return towards normalcy, they continue to live in an undignified situation of deprivation and want.

The “Sub-Committee on Immediate Humanitarian and Rehabilitation Needs in the North and East” share the view that in moving the peace process forward the population of the North and East must experience a substantial dividend of peace. As mentioned above, we are, however, strongly aware that the Government of Sri Lanka does not have the resources for these immediately required humanitarian and rehabilitation interventions.

We – the “Sub-Committee on Immediate Humanitarian and Rehabilitation Needs in the North and East” - therefore appeal to the international community for support. We want to meet some of these urgent needs of our population, and we would like to demonstrate that in spite of what has taken place over these many years, co-operation for the benefit of the people of this island is possible.

 
Annex 1

Guiding Principles for Implementation of Activities

In the implementation of activities the Sub-Committee shall seek to ensure:

1
The involvement of all ethnic communities so that their needs and aspirations are considered.
2
That the implementing agencies actively consult with the beneficiaries in planning and implementing the activities;
3
That in planning for, and implementation of, selected activities the implementing agencies consult with the relevant institutions of the parties responsible for the activities concerned.
4
That priority is given to mobilisation of local labour and local institutions in the implementation of activities.
5
That practices of transparency and freedom of information in selection of activities and implementing agencies are adhered to.
6
That both the Sub-Committee and the implementing agencies comply with standard practices of accountability and transparency in the execution of their duties.
7
That all activities under its purview are carried out with due respect for international standards of human rights.