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:

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.

For further information on UN programmes for returnees, please contact the following focal points for the various sectors identified in the UN-Government Joint Strategy to Meet the Immediate Needs of the Returning IDPs:

Agriculture (FAO) Telephone: (94) 1-580798; e-mail: FAO-LK@fao.org

Co-ordination & Capacity Building (Office of the UN Resident Co-ordinator) -- Patrick Vandenbruaene, Humanitarian Adviser. Telephone: (94) 1-580691; e-mails: patrick.vandenbruaene@undp.org

Education (UNICEF) – Dr. Hiranthi Wijemanne, Head, Learning Years Adolescence and Protection Programme. Telephone: (94) 1-551331; e-mail: hwijemanne@unicef.org

Food (WFP) – Ms. Selvi Satchithanandam, Contact. Telephone: (94) 1 586244 ext. 257; e-mail: selvi.satchithanandam@wfp.org or Mr. Hakan Tongul. Telephone (94) 1 580691 ext. 8 e-mail: hakan.tongul@wfp.org

Health (WHO) – Dr. Lokky Wai. Telephone: (94) 01-502319; e-mail: wr@who.lanka.net

Mine Action (UNDP) – Mr. Alex van Roy, Chief Technical Assistant. Telephone: (94) 1 591118, 591314-6; e-mail: alex.vanroy@undp.org
Leonie Barnes (UNDP) – Vavuniya (leonie.barnes@undp.org)
Tim Horner (UNDP) – Jaffna (tim.horner@undp.org)

Programme (UNHCR) – Mr. Roland Schilling, Senior Programme Officer. Telephone: (94) 1 683968; e-mail: schillin@unhcr.ch

Protection (UNHCR) – Mr. Michael Lindenbauer, Senior Protection Officer. Telephone: (94) 1 683968; e-mail: lindenba@unhcr.ch

Water & Sanitation (UNICEF) – Dr. Aberra Bekele, Head, Early Childhood Programme. Telephone: (94) 1 551331; e-mail: abekele@unicef.org

The Chair of the UN Inter-Agency IDP Working Group is Ms. Wallaya Pura, Deputy Representative of UNHCR. For information concerning the UN Inter-Agency IDP Working Group meetings or the Durable Solutions Progress Report, please contact Mr. Edward Benson (Secretariat) or Ms. Brenda Barrett (Public and Media Relations) at UNHCR. Telephone: (94) 1 683968 or Fax: (94) 1 683971;
E-mail benson@unhcr.ch or barrett@unhcr.ch.