Preamble

WHEREAS the tsunami that struck Sri Lanka on December 26, 2004 (the “tsunami”) destroyed human lives and property on an unprecedented scale; WHEREAS there is an urgent need for all communities, Sinhala, Tamil, Muslim and others, to cooperate on humanitarian grounds in the face of this common adversity;

WHEREAS the equitable allocation of post-tsunami funds to all parts of Sri Lanka struck by the tsunami will be based on accepted needs assessments;

WHEREAS in recognition of this urgent humanitarian need and in a spirit of partnership, the Government of Sri Lanka (the “GOSL”) and the Liberation Tigers of Tamil Eelam (the “LTTE”) (the “Parties”) have resolved to work together, in good faith and using their best efforts, to deliver expeditious relief, rehabilitation, reconstruction and development to the coastal communities in the six districts of Ampara, Batticaloa, Jaffna, Kilinochchi, Mullaitivu and Trincomalee (“the Six Districts”) and to facilitate and expedite the process of rebuilding the affected areas;

WHEREAS there is a need for establishing P-TOMS to facilitate such cooperation among communities, and between the Parties;

NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:

1. Structure

  a. An integrated operational management structure shall be established for the purpose of      planning, implementing       and coordinating post-tsunami work. Such structure shall consist of:

  b. The High-Level Committee, the Regional Committee and the District Committees shall discharge     of their functions        in such a manner as to address the concerns of all persons in the Tsunami     Disaster Zone (the “TDZ”, as defined        below) and shall do so without discrimination against any     person on grounds such as ethnic origin, sex, language,        religion, political or other opinion, social     origin, birth or other status.

2. Scope

  a. The scope of the High-Level Committee, the Regional Committee, and the District Committees      shall be limited to        performing the functions defined in Sections 5(b), 6(b), and 8(b), respectively,      and having effect exclusively within        the TDZ (as defined below), as further specified by Section      6(a) in the case of the Regional Committee and by        Section 8(a) in the case of the District      Committees.

  b. The Tsunami Disaster Zone (the “TDZ”) shall be defined as the area affected by the tsunami.

  c. The TDZ shall include all that tsunami-affected land area of Sri Lanka, which is adjacent to the      sea, lying within a        limit of 2 kilometres landwards from the mean low water line.

  d. The High-Level Committee may decide to bring additional land areas within the TDZ; provided,      however, that all        such land areas must have been directly impacted by the tsunami or directly      affected by the displacement and        resettlement of persons as a result of the tsunami.

  e. New proposals for measures to be adopted in, or affecting the coastal areas covered by      seawater, shall be        undertaken under the aegis of an international agency. Such proposals might      include measures to recover        material lost to the sea during the tsunami, the cleaning up of      shores and beaches affected, even when covered by        seawater, and the repairing and      construction of jetties or commercial fisheries harbours affected by the tsunami.

  f. The Ceasefire Agreement, dated as of 23 February 2002, between the GOSL and the LTTE, shall     continue in full       force and effect, and nothing in this MOU shall be construed to prejudice such     agreement or alter its terms in any       way.

3. Period of Operation

a. This MOU shall enter into force from the date it is executed by both Parties (the “Commencement      Date”), and continue in operation for a period of one year from the Commencement Date.

b. The Parties shall by consensus have the option to extend this MOU for an additional period or      periods.

4. Cost and Expenses

The donors shall be requested to cover all costs and expenses incurred relating to the establishment and functioning of the P-TOMS.

5. High-Level Committee

a. Geographic Scope. The High-Level Committee shall act exclusively in relation to the TDZ.

b. Functions. The High-Level Committee shall perform the following functions:

c. Composition. The High-Level Committee shall consist of the following members:

d. Alternates. Each nominating party shall designate one alternate, who will be authorized to attend     meetings and act on behalf of the member only in the event he or she is unable to attend due to     illness, necessary travel or other exigent circumstances.

e. Chairperson. The High-Level Committee shall select one of the members of the High-Level      Committee to serve as the chairperson to conduct and coordinate its meetings. The role of the      chair shall rotate among the members, with each chairperson serving for two months.

f. Observers. The High-Level Committee shall have one observer representing multilateral donors     and one observer representing bilateral donors attend its meetings. The observers shall be     nominated by the multilateral donor community and the bilateral donor community, respectively.

g. Decision Making.

   i. The High-Level Committee shall strive to make decisions based on consensus. All members     shall work together in       good faith and use their best efforts to reach a common agreement before     the High-Level Committee makes any       decisions.

   ii. In the event that consensus cannot be reached, the members shall immediately enter into an     extensive consultation        procedure with their nominating parties and the donor community with the     aim to reach an agreement and to        ensure continued cooperation in the High-Level Committee.

   iii. In the event that consensus can still not be reached the nominating parties may, after having       followed the          consultation procedure laid down in Section 5(g, i and ii) and after having given 14       days notice, suspend the          cooperation in the High-Level Committee.

 

6. Regional Committee

c. Composition. The Regional Committee shall consist of the following members:

    i. 2 members nominated by GOSL, out of which one will serve as Deputy Chairperson;

    ii. 5 members nominated by LTTE, out of which one will serve as Chairperson;

    iii. 3 members nominated by the Muslim parties, out of which one will serve as Deputy Chairperson;

    iv. The Regional Committee shall have a proper gender balance.

d. Observers. The Regional Committee shall have one observer representing multilateral donors      and one observer representing bilateral donors attend its meetings. The observers shall be      nominated by the multilateral donor community and the bilateral donor community, respectively.      Other observers may be invited to attend the meetings of the Regional Committee.

e. Decision Making.

   i. The Regional Committee shall strive to make decisions based on consensus. All members shall    work together in       good faith and use their best efforts to reach a common agreement before the    Regional Committee makes any       decisions.

  ii. In the event that consensus cannot be reached, decisions shall be made by a simple majority of     the Regional       Committee. In the event of equality of votes, the Chairperson can exercise a casting     vote.

  iii. Notwithstanding paragraph iv below, in the event that a decision is taken on an issue having      anadverse effect on a        minority group, acknowledged by at least two members of the Regional      Committee, approval will require two thirds        majority (seven members) of the Regional      Committee.

  iv. In the event that a proposal from a District Committee does not get a simple majority in the      Regional Committee        and at least two members of the Regional Committee request redressing      of the decision relating to the proposal,        the rejection will require two thirds majority (seven           members) of the Regional Committee.

f. Location. The Regional Committee shall be located in Kilinochchi.

g. Procedures. The Regional Committee, in consultation with the High-Level Committee, shall      determine the procedures for the discharge of its functions.

h. Servicing Secretariat. A small Secretariat for the Six Districts shall be set up and may draw      stafffrom the Secretariat for Immediate Humanitarian and Rehabilitation Needs (SIHRN). The      Secretariat shall be named as the Regional Secretariat for Post-tsunami Coastal Reconstruction      and Development (RSPCRD), and shall provide secretarial and administrative services to the      Regional Committee.

i. Project Management Unit. A Project Management Unit (the “PMU”) shall be established to manage    the projects approved by the Regional Committee.

j. Accounting. The Regional Committee shall appoint a suitably qualified, independent accountant.

7. Regional Fund

8. District Committees

a. Geographic Scope. Each District Committee shall act exclusively in relation to those areas of the      TDZ within its district.

b. Functions. Each District Committee shall perform the following functions within its district:

  i. Identification of needs;

  ii. Prioritization of needs;

  iii. To generate, receive, appraise and prioritize project proposals from various stakeholders and       submit          recommendations to the Regional Committee; and

   iv. To monitor and report on project progress to the Regional Committee.

c. Composition and Decision Making. The Districts Committees, already established and well-       functioning, shall continue their work. The District Committees may further discuss and decide       on issues relating to their composition and decision-making. Adequate Muslim representation       shall be ensured. The District Committee shall also have a proper gender balance.

d. Location. Each District Committee shall be located within its district.

e. Servicing Secretariat. A small Servicing Secretariat shall provide secretarial and administrative      services to the District Committees.

9. Execution