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Relief, Rehabilitation and Reconcilition |
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Durable Solutions Progress Report No. 16
The Bulletin of the United Nations Inter-Agency IDP Working Group
November 2004
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The UN Inter-Agency IDP Working Group meets periodically in Colombo to discuss and co-ordinate responses with national authorities in support of IDP returnees.
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IDP ANALYSIS
After a dramatic initial return following the signing of the Cease-Fire Agreement, the number of returning IDPs has gradually decreased to its current average level of 2470 persons per month since February 2004. If we compare the most recent figure of 1980 IDP returns for September 2004 with the 4702 IDP returns during the same month last year, we can observe a significant fall over a relatively short period.
As mentioned in Durable Solutions Progress Report No.15, it is worth noting that although the chart below shows a large increase in returns during January 2004, this figure is a result of a cumulative reporting of returns in Kilinochchi District over the final 2-3 months of 2003.
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In total, 376,121 IDPs have returned, just over half of the 731,838 estimated as having been displaced at the time of the signing of the Cease-Fire Agreement in February 2002.
PUTTALUM WELFARE CENTRE SURVEY
So what of the 357,855 IDPs who remain displaced? Government Welfare Centres currently account for an IDP population of 80,853, with some 277,002 IDPs living outside of the Centres. The present overall IDP situation is to be found in the table below.
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To gain a deeper understanding of this situation, a survey of IDPs has been undertaken by the Ministry of Relief, Rehabilitation and Reconciliation (MRRR), with assistance from UNHCR, funding from the World Bank and administrative support from FORUT (Campaign for Development and Solidarity). The Katcheri of the Government Agent in Puttalum and the District Statistical Department were also key partners in ensuring the success of the survey.
The Puttalum Welfare Survey furnished interested parties with a detailed picture of IDPs in Welfare Centres, in terms of numbers, demographic profile and preferred durable solutions to displacement. This information will be used to establish a comprehensive database to support improved planning for appropriate durable solutions for all IDPs.
The results, achieved following the questioning of 61,763 Welfare Centre residents, were particularly revealing with regard to preferred durable solutions and land issues. While only a few IDPs wish to return home immediately, and 60% declare that they want to go home at some point, a substantial 38% say that they prefer to stay in Puttalum, where they aim to integrate into the local community.
A noticeable trend was the lack of availability or habitability of a high percentage of land or dwellings belonging to those who own land or houses back home. Among those who wish to return home at some point, close to 40% indicate that their land is not available, for reasons such as landmines and occupation by others. A major challenge will inevitably be the renovation of damaged property. The surveyed IDPs claimed that their houses are either uninhabitable or at least partially destroyed in 85% of cases.
The lack of valid documentary evidence to prove ownership is a problem for 16% of those who own land and 28% of those who own a house in their place of origin.
It emerged that future support required by IDPs should include: the provision of building materials; health facilities; self-employment/income-generating opportunities and infrastructure development. Conducted from 28 June to 7 July 2004, the information was gathered by Tamil-speaking ‘A’ level students; residents of Puttalum District and IDPs themselves. Trained by UNHCR and the MRRR, the enumerators met with each family privately, with all IDPs participating voluntarily.
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LAND AND PROPERTY RIGHTS
The multi-faceted land issues highlighted in the Puttalum Welfare Survey already has and will continue to impact on the work of not just UNHCR, but also the wider humanitarian and development community. Difficulties include: land and housing in High Security Zones; False deeds; Unclear or disputed boundaries and encroachment on state or private land.
UNHCR’s activities to address land issues and concerns of IDPs and refugees have to date focused on research and data collection, advocacy, networking and co-ordination.
Land issues have been on the agenda during meetings between the President of Sri Lanka and UNHCR, during which the President indicated that she is willing to proceed in the identification of solutions for IDPs. The matter has also been discussed with the LTTE, who requested UNHCR to provide information on restitution processes in other countries. In November 2004, UNHCR in a meeting with the LTTE, handed over an information package which also included a paper on a human rights framework for land restitution. The same information has also been shared with the Secretary of the MRRR.
In terms of research, UNHCR is currently funding two separate studies on land issues. The first, undertaken by the Centre for Policy Alternatives, focuses on legal aspects of land issues and the second, by the Foundation for Co-Existence, concentrates on social impacts of land issues. Both studies will be finalized by the end of January 2005.
At the field level UNHCR staff continues to give advice to individual displaced persons and returnees on land-related disputes and issues.
Through its implementing partners, the Legal Aid Foundation and the Human rights Commission, UNHCR has supported dispute settlement on a more ad hoc basis as well as providing legal counsel to displaced persons on various legal matters, including land concerns.
RESTORED VILLAGE FOR PEACE
Many IDPs are unable to return to their homes owing to their land and property being located within the High Security Zones (HSZ) - large areas occupied by the Government of Sri Lanka Security Forces.
As advances in living conditions and infrastructure continue in Jaffna, those IDPs unable to benefit from the gains due to an inability to return to their homes have become increasingly frustrated with the impermanent situation in which they find themselves.
Against this backdrop, the Security Forces have recently released a small pocket of a HSZ on an experimental basis to allow IDPs to return home. This pilot project is named the " Restored Village for Peace," and targets the return of 86 families to three villages which were almost completely destroyed. Supported by the efforts of the Government, Security Forces, UN agencies and NGOs, these families have gradually started returning home to re-establish their lives. Based on this successful project, the Security Forces are ready to consider releasing more pockets of HSZ in the coming months, aiming to permanently return 150-200 IDP families. Despite the politically sensitive nature of the project resulting in potential long-term obstacles to successful implementation, goodwill prevails on the part of all stakeholders, with progress proving slow but steady.
VOLUNTARY REPATRIATION
In an agreement between the International Organization for Migration (IOM) and UNHCR, it was agreed that from October 2004 the former would take the lead role in the reception, onward transportation and initial reintegration assistance for persons voluntarily returning from India. Should IOM have any protection concerns regarding the returnees, then it will refer these cases to UNHCR for further action.
The voluntary repatriation figures for both spontaneous and facilitated returnees (indicated in the table below) have fluctuated extensively over the last two years. Although a degree of consistency has prevailed in the months of August and September 2004, it will be interesting to note whether the number of repatriating returnees will continue at this level.
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The table below breaks down the above figures into their spontaneous and facilitated components.
RELOCATION PROJECT
As part of the President's expressed wish to find durable solutions for Sri Lanka's IDP population, the MRRR is investigating the possibility of relocating IDPs to State-owned land. While the availability of Crown-land is limited in the Jaffna District, the prospect of finding suitable land for relocation in Kilinochchi, Mannar and Vavuniya is looking more promising.
The relocation project will be funded by the Government of Sri Lanka and bilateral donor support in addition to a joint UNDP/EU-financed project. UNHCR awaits further information from the Government on the detection of available land.
EMERGENCY PROVISION OF QUALITY SEEDS AND REHABILITATION OF CERTIFIED SEED PRODUCTION PROJECT
A Food and Agriculture Organization project, funded by the Government of Japan, aims to improve the livelihood of returning IDPs and vulnerable farming families in conflict-affected areas by increasing the short, medium and long-term availability of quality seeds, through the immediate distribution of quality seeds to 5,000 beneficiary families. In addition, the FAO is establishing community-based revolving seed schemes and strengthening governmental infrastructures, irrigation schemes and community-based organizations (CBO) for the production and distribution of certified quality seeds.
PRE-SCHOOL AND HOUSING IN VAVUNIYA AND MANNAR
After commencing operations in Sri Lanka in March 2004, the Norwegian Refugee Council (NRC), with co-operation from the Danish Refugee Council (DRC) and ZOA ( Refugee Care), have provided funding for a pre-school/community building in Vavuniya District and 27 permanent houses in Mannar District, primarily for returnees from India. The pre-school will be completed by mid-October 2004 and the houses by November 2004.
NRC is focusing its strategy for IDPs through a permanent shelter project, supported with the provision of information, counseling and legal assistance to returnees, particularly on issues relating to land tenure and property rights.
ACTION PLAN UPDATE
On 9 September 2004, UNICEF released a progress report on the Action Plan for Children Affected By War. The Action Plan is the only signed human rights agreement that emerged from the peace talks between the Government of Sri Lanka and the LTTE before the talks were suspended in 2003. Under the Action Plan, significant progress has been made in providing children in the North and East with basic services and facilitating the reintegration of former underage recruits. However, UNICEF reports that a barrier to assisting children made vulnerable by the conflict, is the LTTE’s failure to end the recruitment of children and the destabilizing effect of continued inter-factional violence in the East.
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CONTACT DETAILS
The contact list of all focal points from the UN and multilateral agencies, who are core members of the Inter-Agency IDP Working Group, are currently being revised and updated.
The Chair of the UN Inter-Agency IDP Working Group is Ms. Wallaya Pura, Acting Representative, UNHCR. For information concerning the UN Inter-Agency IDP Working Group meetings or the Durable Solutions Progress Report, please contact Mr. Vadim Mackeyev (Associate Liaison Officer) or Mr. Lyndon Jeffels (Public Information Officer) at UNHCR.
Telephone: (94) 11 2683 968 or Fax: (94)11 2683 971; E-mail mackeyev@unhcr.ch / jeffels@unhcr.ch
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Violations Committed
by the GOSL - 351
