| DURABLE SOLUTIONS FOR THE DISPLACED:
ADDRESSING PROPERTY AND LAND ISSUES
Addressing the issue
of safe and dignified return for all displaced has
three primary components: physical safety, material
safety and legal safety. Land and property issues
are integrally involved in all three areas.
In terms of physical
safety landmines and UXOs pose the most obvious and
immediate threat and inhibit full access to land.
However equally important are issues relating to material
and legal safety. Material safety involves ensuring
access to adequate housing, potable water and non-discriminatory
access to basic health and other social services.
Legal safety includes property rights directly as
well as having full access to all personal documentation
such as birth certificates, identification cards,
land deeds and equal access to all services relating
to these areas. Particular land and property issues
of concern include how to address secondary occupation
and restitution of property; occupation of land and
property by the military; lost documents; proving
ownership of land and property; how to repair damage
to land and housing; how to access and use financial
or other assistance to rebuild and restart livelihood;
how to assist landless IDPs; how to safeguard land
and property rights of women and provide legal redress
and problem solving mechanisms relating to the law
and institutional capacity and framework; and finally
to ensure safe and dignified return of all IDPs who
voluntarily choose to do so.
In light of the gradual
improvement of living conditions in the North and
East of Sri Lanka, the prospect of a permanent settlement
to the conflict, and the continuing spontaneous movement
of displaced persons back to their former places of
residence, land and property issues affecting displaced
persons have risen to critical importance. To better
address these issues UNHCR in conjunction with the
Human Rights Commission (HRC) commissioned a study
on land and property issues in Sri Lanka. Carrying
out a parallel study on these issues was also the
Centre for Policy Alternatives (CPA) which joined
UNHCR and HRC at two workshops recently to report
on the preliminary findings.
The first workshop was conducted in Kilinochchi on
29 January and the second in Colombo on 10-11 February
2003. The workshops provided the opportunity for UNHCR/HRC
and CPA to share preliminary findings of their studies
while also getting feedback from key decision makers
and stakeholders. The ultimate aim is to produce a
series of recommendations to the Government and the
LTTE on matters relating to property and land rights
which may form a basis for discussions during the
peace talks. This would include a discussion on the
legal and administrative framework for land and property
dispute resolution including alternative dispute resolution
mechanisms and proposed changes to existing property
rights legislation.
UAS
In an effort to provide
immediate assistance to IDP returnees, the Government
of Sri Lanka has secured funding to provide a newly
revised Unified Assistance Scheme (UAS) to eligible
citizens. UAS is intended to provide financial assistance,
in the form of a grant, to returning IDPs and refugee
families to restart productive livelihoods. The Cabinet
recently approved an increased in the grant amount
from Rs 15,000 to Rs 25,000. The grant may be used
by families however they choose, though it is intended
to incorporate funds for a ‘settling-in allowance’,
basic tools, a temporary hut, and to kick-start income
generation enterprises. The scheme also includes a
further grant of Rs 75,000 to be made available at
a later stage to fund a permanent house for each family.
This amount was also increased by the Cabinet from
the original Rs 50,000 for permanent housing.
Using new funds received
from donors, the Government of Sri Lanka launched
the new UAS at a ceremony in the Vavuniya District
Secretariat (Kachcheri) on Saturday 22 February 2003
- the same location at which the GOSL-LTTE Cease-fire
Agreement was signed one year ago.
At the request of
donors and the national authorities, UNHCR has agreed
to a monitoring role for the UAS. UNHCR will report
to the Government and donors on problems reaching
its attention. UNHCR welcomes the assistance of other
UN agencies and Implementing Partners to carry out
its monitoring role on the distribution of funds for
UAS.
REFUGEE REPATRIATION
There are approximately
84,000 Sri Lankan refugees in India, 64,000 of whom
are registered in more than 100 refugee camps in Southern
India. Although there is no fixed deadline or anticipated
deadline for repatriation of these refugees, UNHCR
in Sri Lanka is working closely with UNHCR in India
to establish procedures for the eventual return of
Sri Lankan refugees from Tamil Nadu. To ensure that
all involved parties are equally informed of rights
and responsibilities pertaining to repatriation, UNHCR
held a Workshop on 14 January 2003 in Kilinochchi
with representatives of GoSL and the LTTE (hosted
by the SIHRN), international and national non-governmental
organisations (I/NGOs) and other interested persons
present. The agenda of the workshop was to assess
the conditions in Sri Lanka related to return and
to pursue priority areas for the implementation of
projects to create conducive conditions for safe and
dignified return.
As a result of the
Workshop, a Joint Communiqué was produced,
in which the participants committed to ensuring that
programmes to create conditions of physical, legal
and material safety for refugees voluntarily repatriating
from India to Sri Lanka under organised arrangements
will receive priority in their ongoing work.
In the meantime, UNHCR
remains concerned that those refugees who do desire
to spontaneously return at this time do so voluntarily,
after being fully informed of the condition of their
homes and their options. Currently if a refugee individual
or family would like to leave India they are able
to contact UNHCR staff in Chennai who arrange for
repatriation. Between 2002 and February 2003, UNHCR
has repatriated over 200 refugees from India. In all
cases UNHCR offices in Sri Lanka and India worked
closely together to ensure that the returning individual
or family had family or friends with whom to stay
upon their return.
UNHCR is also working
with the Sri Lankan Government to launch a continuous
information campaign designed to inform refugees of
their return options and conditions in Sri Lanka.
The information campaign is designed to inform Sri
Lankan refugees living in India of safe and assisted
alternatives to illegal and dangerous return by ill-equipped
fishing boats.
IDP SURVEY AND
MOVEMENT
A nation-wide survey
of all Internally Displaced Persons (IDPs) has been
completed. The process, a joint effort between the
Ministry of Rehabilitation, Resettlement and Refugees
(MRRR) and UNHCR, was an exercise designed to ascertain
the background and the intentions of IDPs, at that
moment in time, in an effort to find durable solutions
to their displacement specifically information pertaining
to demographics, location, priorities of immediate
needs and the potential for durable solutions. A total
of 613,220 persons were surveyed although the number
of estimated displaced still remains 800,000.
The information will
now be used to create a comprehensive data-base to
support improved policy and programme development
pertaining to IDPs by the Government, the United Nations,
I/NGOs, donors, funding agencies and the private sector.
Most importantly the survey provides insight into
the intentions and preferences of the internally displaced
themselves, thus facilitating appropriate planning
in the coming months.
The Department of
Statistics and Census continues to analyse the data
which have been collected. Some initial observations,
however, have already been noted. For example according
to survey information:
•
Preferences 63% of the surveyed IDPs responded that
they would like to return home; 3% indicated that
they would like to move to a new place; 25% indicated
that they wanted to remain where they were and 7%
were undecided.
•
Assistance Needed (information is available for all
districts, however only a sample is given here)
•
Jaffna 95% of displaced families require assistance,
specifically (listed in order of preference) cash
to build homes, building materials, ‘other’
assistance not specified, schooling and self-employment
facilities, cultivation facilities and fishing facilities.
• Kilinochchi 98% of displaced
families require assistance, specifically (listed
in order of preference) cash to build homes, building
materials, self-employment facilities, schooling facilities
and ‘other’ assistance not specified,
cultivation facilities and fishing facilities.
• Puttalam 63% of displaced
families require assistance, specifically (listed
in order of preference) cash to build homes, self-employment
facilities, schooling facilities and ‘other’
assistance not specified, building materials, cultivation
facilities and fishing facilities.
• Anuradhapura 94% of displaced
families require assistance, specifically (listed
in order of preference) cash to build homes, cultivation
facilities and building materials, self-employment
facilities, schooling facilities and ‘other’
assistance not specified.
Based on latest Government estimates, the UN Inter-Agency
IDP Working Group understands that from January to
December 2002 approximately 259,343 individuals have
returned home, relocated elsewhere or are in transit.
Of these approximately 145, 953 have gone to Jaffna,
46,807 to Kilinochchi, 31,896 to Mullaitivu, 16,071
to Vavuniya, 10,793 to Mannar and 7,823 to Trincomalee.
PEACEFUL COEXISTENCE
With the continuation
of steady flows of IDP returnees since the February
2002 Cease Fire Agreement, issues of peaceful co-existence
between returnees and receiving communities, and for
former combatants, continue to merit attention. The
overlying premise of the UNHCR ‘peaceful coexistence’
initiative is to promote coexistence – to bring
groups together, to build relationships and the ability
to collaborate to solve problems, find solutions and
forge a common vision for the future. This includes
all communities not just IDP returnee communities.
Mitigating the effects of ongoing conflict is beneficial
to all.
The first phase of
this project, completed in November 2002, entailed
conducting an assessment of the underlying causes
of conflict, existing resources and capacities which
has led to the identification of priority areas for
coexistence projects. UNHCR is now completing phase
two of the project which includes finding implementing
partners in the field to undertake peaceful coexistence
programming. Community-based projects are planned
for each of UNHCR’s field offices. The concepts
for these projects are participatory, community-based,
focusing on IDPs, returnees and affected communities.
They involve working with local and international
partners to address actual and potential areas of
conflict, such as property rights and access to resources.
Additional projects, focusing on women and young people,
will also be included. In addition, attention will
be given to integrating coexistence concepts into
UNHCR operating procedures, networking and co-ordination
of coexistence activities (with government, UN, NGOs
and others) and coexistence training for UNHCR staff
and partners.
THAI COORDINATION EXPERT VISITS
COLOMBO
At its fortnightly
meeting on 21 February 2003, the UN Inter-Agency IDP
Working Group hosted Mr. Jack Dunford, Chair of the
Committee for Co-ordination of Services to Displaced
Persons in Thailand (CCSDPT) and Director of the Burmese
Border Consortium (BBC) who presented his ‘experiences,
ideas, frustrations and lessons learned while co-ordinating
services and protection to IDPs and refugees’
in Thailand.
During his two-day
visit to Colombo, at the invitation of UNHCR, Mr Dunford
had productive discussions with a variety of senior
officials and others involved in co-ordination of
relief and services to IDPs in Sri Lanka, including
Commissioner-General for the Triple R, Bradman Weerakoon,
and Jeevan Thiagarajah, Executive Director of the
Consortium of Humanitarian Agencies (CHA).
In Thailand, the CCSDPT
co-ordinates all of the NGOs providing food, shelter,
relief, education, health and sanitation to refugees
and IDPs on the Thai-Burma border. There are an estimated
145,000 refugees in border camps inside Thailand,
and an additional 630,000 Burmese IDPs living in relocation
sites, temporary shelters or in hiding. Under Mr Dunford’s
direction, the CCSDPT works with the Royal Thai Government
namely the Ministry of Interior (MoI). CCSDPT has
the support of the Thai Government and as such has
been included in the structure of the MoI. With this
authority the CCSDPT is able to “screen”
its member NGOs and in so doing facilitate information
exchange and avoid competition and duplication of
assistance.
While the situation
in Thailand is obviously very different to that of
Sri Lanka, Mr Dunford was able to share a number of
useful suggestions and insights, which shall be pursued
by the UN IDP Working Group at future meetings.
MULTILATERAL NEEDS
ASSESSMENT
In preparation for
a donor conference in Tokyo scheduled for early June,
a comprehensive post-conflict Needs Assessment exercise
is currently being carried out by a “multilateral
group” comprising the Asian Development Bank,
World Bank and UN Agencies.
The objective of the
Needs Assessment is to identify the immediate and
medium-term needs of the conflict-affected areas,
as well as needs in other parts of the country in
respect to conflict-induced difficulties, and to serve
as an information, analysis and pledging document
for donors at the Tokyo Conference.
The following table
lists the lead agencies for each relevant sector:
Lead Agency
|
Sector |
World Health Organisation (WHO)
|
Health |
International Labour Organisation
(ILO)
|
Employment and Skills Training |
United Nations Refugee Agency
(UNHCR)
and United Nations Childrens Fund (UNICEF)
|
Resettlement, Protection and
Urgent Social Needs |
Asian Development Bank (ADB)
|
Water, Irrigation (med/lg), Sanitation/Solid
Waste, Power, Roads, Micro-finance, Income Generation,
Livelihood Development
|
United Nations Childrens Fund
(UNICEF)
|
Education
|
United Nations Development Programme
(UNDP)
|
Capacity Development and Institution
Strengthening |
World Bank (WB)
|
Housing |
| Food and Agriculture Organisation
(FAO) |
Agriculture, Forestry, Fisheries,
Livestock and Irrigation (sm) |
LANDMINES/UNEXPLODED
ORDNANCES (UXOs) AND MINE RISK EDUCATION
The United Nations
Mine Action Programme is a multi-faceted programme
that implements “Mine Action” which refers
to ‘those activities which aim to reduce the
social, economic and environmental impact of landmines
and UXOs. Mine action is not just about mine clearance,
but about people and societies, and how they are affected
by landmine contamination.” Although there is
no firm number, estimates of landmines still present
in Sri Lanka range from one million to three million,
mostly in the north.
Mine action comprises
five complementary groups of activities:
• Mine
Risk Education
• Humanitarian
Mine Clearance
• Victim
Assistance
• Stockpile
Assistance
• Advocacy
Since the UN started
compiling statistics on mine incidents in 1996, almost
1,000 civilians have been killed or injured by landmines.
Although women and children are injured by both landmines
and UXOs, the majority of landmine victims are adult
males. Most accidents seem to occur when looking for
firewood or beginning repairs on homes that have been
abandoned in returnee areas. Almost half of all accidents
and injuries are occurring in the Jaffna peninsula.
Children reportedly make up a quarter of all casualties
but they are usually the result of UXO accidents.
It is estimated that at least 15% of ammunition fails
to explode in battle.
The UN Mine Action
Programme is now creating a database of information
including Sri Lankan army maps of landmine fields,
other de-mining group information, mine accidents
and other relevant information.
In mid-December
2002, UNICEF recruited a Project Officer for Mine
Risk Education (MRE). UNICEF has since held several
meetings to co-ordinate field efforts in relation
to MRE. The first Mine Risk Education and Survivors
Assistance District Co-ordinators Meeting was held
at UNICEF Vavunyia field office on 16-17 January.
The meeting was attended by several co-ordinators
of MRE activities in the field. The meeting focused
on how to identify MRE needs (mine/UXO problem, population’s
profile and core messages); what the roles and responsibilities
of MRE co-ordinators should be; how the MRE monitoring
process should work; how to co-ordinate and integrate
with mine clearance operations and other humanitarian
sectors; and finally how to produce MRE aid material.
EDUCATION
In line with the commitment
to assure a good quality basic education to all children,
UNICEF has supported the Ministry of Education, the
National Institute of Education as well as Provincial,
District and Zonal Education Authorities to identify
needs and develop strategies relating to rebuilding
and strengthening the education infrastructure in
the eight districts of the North and East Province
and four neighbouring districts. The rapid assessment
conducted in the last three months of 2002 has been
completed and is soon to be published. An outline
of a plan of action is being developed, based on the
needs identified. This plan of action will include
support to facilitate the effective implementation
of compulsory education legislation, including an
‘Every Child in School Campaign’. Particular
attention will be given to children living in welfare
centres, in previously inaccessible areas, in remote
and rural areas of the border districts, as well as
working children, children in institutions and children
with special needs and disabilities.
The ‘Every Child
in School’ programme was officially launched
in Trincomalee on 9th January 2003 with a special
ceremony attended by the Hon. Minister of Education.
On the same day, all eight districts of the North
and East Province as well as the bordering districts
held ceremonies to launch the programme and every
child entering grade 1 living in these districts was
given a school kit. A media campaign is being implemented
island-wide to create awareness on the importance
of education for all children while promoting action
on enrolment and regular attendance in schools.
UNICEF has received
several high-level visits and missions from several
donors including SIDA, AusAid and ECHO. In support
of their programme on mine risk education, ECHO visited
the Mallavi offices of UNICEF to see progress to date
and to further discuss areas of collaboration on child
protection issues.
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