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2004 Annual Report, NPDS Project.pdf - IDP SriLanka

2004 Annual Report, NPDS Project.pdf - IDP SriLanka

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<strong>Annual</strong> <strong>Report</strong><strong>2004</strong>NATIONAL PROTECTION AND DURABLE SOLUTION FORINTERNALLY DISPLACED PERSONS PROJECTHUMAN RIGHTS COMMISSION OF SRI LANKA


CONTENTAcronymsExecutive SummaryPART 1The Situation of the <strong>IDP</strong>sPART 2Overview of the <strong>Project</strong>2.1 The Human Rights Commission of Sri Lanka2.2 <strong>NPDS</strong> for <strong>IDP</strong>s <strong>Project</strong>PART 3Analysis of the Complaints <strong>2004</strong>PART 4Overview of the Special Events4.1 Empowerment of the <strong>IDP</strong> youth – HRAs4.2 Ensuring Voting Rights of the <strong>IDP</strong>s4.3 Women’s Rights4.4 Personal Documents to <strong>IDP</strong>s4.5 “Pulse of the Displaced” – Children’s Day Programme4.6 Peace and Human Rights – Universal Human Rights Day4.7 Human Rights Promotional Programmes4.8 Other ProgrammesPART 5Publications5.1 <strong>Report</strong> on analyzing existing laws, policies and administrative procedures oninternally displaced persons5.2 “Crisis” at the General Hospital, Anuradhapura5.3 Calendar 20055.4 Other PublicationsPART 6Staff8.1 Staff recruitment and placement8.2 Training and DevelopmentPART 7Priorities for 2005<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka1


ACRONYMSASP – Assistant Superintendent of PoliceDS – Divisional SecretariatGA- Government AgentGOSL – Government Of Sri LankaGS- Grama NiladhariHRCSL- Human Rights Commission of Sri LankaHRAs- Human Rights AnimatorsHSZ – High Security ZonesINGOs – International Non Government Organizations<strong>IDP</strong>s – Internally Displaced PersonsNGOs – Non-Government OrganizationsOIC – Officer In ChargeSI – Sub InspectorSP- Superintendent of PoliceSSP- Senior Superintendent of PoliceUDHR- Universal Declaration of Human RightsWCs- Welfare Centers<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka2


EXECUTIVE SUMMARYMuch to the progress of the <strong>Project</strong> in the year <strong>2004</strong> was due to its renewed strategiesand also due to the expanded services, which focused into the protection andpromotion of the Human Rights of the <strong>IDP</strong>s and Returnees.The <strong>Project</strong> was engaged in providing national Protection for the <strong>IDP</strong>s and the <strong>Project</strong>received complaints on Fundamental Rights and Human Rights. During the year <strong>2004</strong>the <strong>Project</strong> received 2916 complaints on both Fundamental and Human Rightsviolations. At the beginning of the year <strong>2004</strong> the <strong>Project</strong> had 3840 and during the year<strong>2004</strong> the <strong>Project</strong> has disposed 3358.In the year 2003 the <strong>Project</strong> analyzed the complaints received during the year andidentified certain aspects that deserved special attention. So in the year <strong>2004</strong>, theannual planner much weight was given in to the identified issues.In the year <strong>2004</strong> the <strong>Project</strong> organized certain programmes especially targetingwomen and children. Issues such as domestic violence are high among the <strong>IDP</strong>population and the <strong>Project</strong> conducted awareness programmes for women.A number of complaints were received by the <strong>Project</strong> in the year 2003 as well as inyear <strong>2004</strong> that some <strong>IDP</strong>s were unable to register for voting and also unable to casttheir votes. As the Parliamentary Elections were due in the April <strong>2004</strong> <strong>Project</strong> alertedthe relevant authorities regarding the problems and awareness programmes wereconducted in the areas targeting the respective officials as well as the <strong>IDP</strong>s. Althoughthe <strong>Project</strong> was not able to change the existing Election Regulations Procedure, butwas able to pressurize the State to provide certain concessions for the <strong>IDP</strong>s to casttheir votes and to get registered and caste their votes.There were a large number of complaints received by the <strong>Project</strong> regarding loss ofpersonal documents, such as birth certificates, marriage certificates, deathcertificates and the difficulties the <strong>IDP</strong>s have to go through in their day-to-day livesdue to the loss of personal identification documents. The <strong>Project</strong> met the AdditionalSecretary of the Ministry of Relief, Rehabilitation and Reconstruction, the RegistrarGeneral and the Commissioner for Registration of Persons and agreed to providethose personal documents within the agreed time period and it worked out as it wasplaned.Human Rights Animators can be considered as an achievement by the <strong>Project</strong>. Thistask force came in to being as it was evident that although numerous organizationsare providing services for the <strong>IDP</strong>s , it is ad hoc and it was felt that this hurdle can beovercome by empowering the <strong>IDP</strong>s to protect and promote their rights and also tocreate better communication between the <strong>IDP</strong>s and the <strong>Project</strong>. They are the <strong>IDP</strong>youth chosen from welfare centers and resettlement villages and the <strong>Project</strong> gavethem training and are engaged in special activities conducted by the <strong>Project</strong>. It was mentionedby the <strong>Project</strong> Officers that all of them do not actively participate in the activities and some times<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka3


the political parties are misusing them. So it is evident that in the forth-coming year these drawbacks should be remedied.“Our most basic link is that we inhibit the same planet,We all breathe the same air and we cherish our children’s future”John F. KennedyChildren can be considered as the most vulnerable group among the <strong>IDP</strong>s. They havenot only deprived of their homes, their basic needs but also have lost their childhood.They have lost their personal documents and some times are deprived the right toenter in to a school, they have lost their security and self-confidence; they have lostthe right to be brought up in a normal family atmosphere.If the Children are to be the future it was felt that they should be equipped with thenecessary tools to face the future with confidence. They should be given a value.They should not be ‘displaced “by the civil society again. They should not alwaysremain in the shadows of displacement but should be given the opportunity to voicetheir opinions and their views. Their status should not invoke sympathy but the largersociety should recognize them and should give them due consideration.Thus the <strong>Project</strong> organized the Art Exhibition done by the <strong>IDP</strong> children to be an “EyeOpener” for the general public and the policy makers and also to establishconfidence in the children in facing their future.Universal Human Rights day was celebrated linking human rights with peace in everyregions and national programme was conducted in Anuradhapura. The day wasconducted with the aim to obtain active participation of the Government Authorities;especially the Police and District and Divisional Secretariats, civil society, including thestakeholders and the duty bearers with a view to create a human rights culture.The project experienced that many of the systemic violations reported were related tothe existing Laws, Policies, and administrative practices. To address this, the <strong>Project</strong>involved in studying on the issues related to the <strong>IDP</strong>s and how existing laws, Policiesand Administrative Practices are affecting <strong>IDP</strong>S. The <strong>Project</strong> assigned Dr. Mario Gomezand he drafted a report, which analyzed the existing laws, policies and administrativepractices related to the <strong>IDP</strong>s. During the latter half of the year the <strong>Project</strong> lobbied thereport for the Government Officials, INGO and NGO representatives where their ideasand opinions were requested regarding the drafted report. With final report the<strong>Project</strong> intends to pressurize the Government in to implementing therecommendations made by the HRCSL.The <strong>Project</strong> intended to deal with language rights and issues related to land andproperties of <strong>IDP</strong>s. Although the preliminary work was concluded due to unforeseencircumstances substantial work was not able to be concluded.Through the programmes carried out the <strong>Project</strong> was able to build up a good rapportwith the Government officials, INGOs and NGOs especially in the regional level. But ithas been mentioned that even after working in the field still some authorities are notfully aware of the mandate and the activities of the <strong>Project</strong>. At the same time due tothe sheer unconcern regarding the <strong>IDP</strong>s by the authorities there were instances thatthe <strong>Project</strong> was not able to carry out its functions efficiently.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka4


THE SITUATION OF THE <strong>IDP</strong>s IN SRI ALNKAToday, again it has started to speak about the Internally Displaced People( <strong>IDP</strong>)after the 9.1 – Tsunami Tidal waves – 26 th December. It was the largest naturaldisaster in recent times in Sri Lanka, which displaced over eight hundred thousandpeople while over thirty thousand people lost their lives. Eighty four thousand houseswere totally damaged and forty thousand houses were partially damaged.(www.CNOsrilanka.org, 12.01.2005)War Victimized <strong>IDP</strong>sYear <strong>2004</strong> started with 879,320war victimized <strong>IDP</strong>s who displaced due to two decadescivil war; even after two years of peace process. The war started in late seventies anddeveloped in eighties. Specially, after 1983 ethnic riots, many people were displacedand settled either within the district or out of the district. Many left the country claimingrefugee states or asylum. Many of the <strong>IDP</strong>s have been displaced multiple times,especially in Jaffna District.Sri Lanka’s <strong>IDP</strong>s have been displaced on an ongoing, albeit intermittent basis since theconflict began, the two major displacement being in the mid-1990s with the Sri LankaArmy’s (SLA) re-occupation of the Jaffna peninsular and in year 2000/2001 with theLTTE’s attempt to recapture Jaffna. By far the greatest displacement has been withinand from the Jaffna peninsular, over 350,000 of the total <strong>IDP</strong> population, including itsentire Singhalese and Muslim population.In addition to Jaffna District, Mannar, Kilinochchi, Mullaitivu and Vavuniya Districts inthe North, and Trincomalee, Batticaloa and Ampara Districts in the East, Polonnaruwaand Anuradhapura were produced and are hosting <strong>IDP</strong>s. Puttalam District is hosting alarge number <strong>IDP</strong>s and many of them are displaced Muslims.Common situation of the <strong>IDP</strong>SInternally Displaced Persons or I.D.P.’s may be said to include all those persons whohave been rendered destitute as a result of the civil war, which existed in last twodecades in Sri Lanka. As a result of that, over one million people were displaced andthey have had to lose their ancestral homes, domiciles and even their social identities,so much so that in the present day these individuals find themselves looked upon assecondary citizens: sometimes even to the extent of being considered “non-citizens”.I.D.P.’s, are therefore, in short, citizens of Sri Lanka who have been constructivelydeprived of their original domicile as a result of a conflict which they were/are by nomeans privy to. In so far as their proprietary rights are concerned they truly areinnocent “casualties of crossfire”.This is not to say that the proprietary rights incumbent in an I.D.P. are by his statusrendered a nullity, but merely to say that s/he is, in fact (though not in law),incapacitated from exercising the same. An I.D.P. nearly always has a permanentaddress: but has no way of residing at same. Thus, they are accommodated within a“shelter” which for all purposes renders them akin to a caged animal: separated fromits natural habitat, unable to roam freely and mingle with its kind and forced toconsume that which is “force fed”: food, medicine, ideals, customs, morals, laws etc.5<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka


The law of the land places so much of significance on a citizen’s “permanentaddress/residence” that one really has to be placed in the position of an I.D.P. to trulyrealize the scope of its utility. Franchise, Personal Documents such as National IdentityCards, Birth Certificates, land ownership, education and basic Medical Care are but afew of many basic necessities which an I.D.P.’s is either completely left out of or finds itvery arduous to procure, due to the simple fact that the necessary paper workpertaining to same cannot be completed for want of a permanent address.Accordingly, the right to equality and equal protection under the law, as enshrinedunder Article 12 of the Constitution, is one, which in relation to I.D.P.’s been exercisedwith passive discrimination. This unfortunate situation is worsened in relation to I.D.P.’swho are children, women and those physically or mentally handicapped, specialclasses, which under Article 12 of the Constitution itself are rendered worthy of specialprotection.The path for Return and ResettlementOn 5 December 2001, the United National Party and its Muslim coalition were electedand established the new government and signed the Memorandum OfUnderstanding ( MOU ) with the LTTE in February 23, 2002. After the MOU signed, thesituation begun to change many families returned to their habitual residents. Some <strong>SriLanka</strong>n refugees came back to the country. The least solution was to resettle somewhere in the country, if possible in the same district- if not in any other secure place.Evan though, MOU created an atmosphere – freedom of movement – and manyfamilies were resettled, “the resettlement” did not bring the activate life for thedisplaced people. Many of them do not have sustainable lively hood, education &health facilities, water & sanitation, etc. It has become another displacement forthem.There are some factors which delay the process of returning or replacing such as lackof policies, procedures and action plans, genuine political interest and democraticpractices of armed groups, inadequate allocation for rehabilitation & resettlement,lack of interest of <strong>IDP</strong>s for returning due to many reasons, failures of governmentalstructures and administration etc.On 13 th April 2002, the leader of the LTTE, Mr. Velupillai Pirapaharan and the leader ofthe Sri Lanka Muslim Congress, Mr. Rauf Hakeem reached a MOU in which both partiesagree to a return of Muslims to LTTE-controlled areas on a pilot project basis andagreed to remove any impediments to the pursuit of traditional economic activitiessuch as fishing, farming and trading of the Tamil and Muslim communities.Peace Talks.The first round of formal peace talks between the Government of Sri Lanka ( GOSL)and the Liberation Tigers of Tamil Elam ( LTTE) was held on Thailand between 16 and 18September 2002 and agreed to establish a Joint Task Force for Humanitarian andReconstruction Activities. In the second session of the peace talk which held onOctober 31 – November 3, 2002 in Thailand, GOSL and LTTE agreed to appoint a sub -committee under the task force to looking to issues of resettling and rehabilitating<strong>IDP</strong>s, rehabilitating war affected women and children and for providing livelihood forwar affected people in North and East. To accelerate the returning process to thehigh security zone in Jaffna, a sub – committee on De – Escalation and Normalization(SDN) was set up. The both parties agreed in third session of peace talk held in Oslo,Norway on December 2-5, 2002, to request the sub – committee on De- escalationand Normalization to propose a common approach to settling case related to the suse of private property, where such use has been impeded by the conflict.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka6


In the fourth session, the parties recognized with regards to the HSZs involve majorhumanitarian and security concerns for both parties. But parties did not reach anagreement on the continuation of the work of the SDN. To resettle <strong>IDP</strong>s, parties agreedon an “Action Plan for an Accelerated Resettlement Programme for the Jaffna District”which includes two phases. The first phase of the action plan focused on resettlementout side of HZSs. The fifth session held on 7 th & 8 th February 2003. The parties discussedpolitical issues relating to power sharing and human rights in the region in the sixthsession of the peace talk held in Japan on 18 – 21 March 2003. In the second day Mr.Ian Martin submitted a proposal and parties agreed on the need for a Declaration onHuman Rights Principles and an acceptable mechanism to monitor human rightsstanders.The LTTE submitted its Interim Self-Governing Authority to the GOSL on 31 st October2003 and on 4 th November 2003, Her Excellency President took over the ministry ofPrime Minister’s Government including Ministry of Defense.The Year <strong>2004</strong>The year <strong>2004</strong> was begun with an undecided political situation. The Sri LankaFreedom Party (SLFP ) – Janatha Vimukthi Peramuna (JVP) formed its coalition. Theparliament was dissolved by the President on 7 th February <strong>2004</strong> and held the electionon 7 th April <strong>2004</strong>.Three hundred fifty three thousand war victimized <strong>IDP</strong>s were living in two hundred andninety five welfare centers located in eleven districts living in conditions of severeovercrowding, lack of privacy and abject poverty. Others are living with friends andwith their relatives; both were depending on government dry rations. (StatisticalSummary, October <strong>2004</strong>, MRRR & UNHCR). In addition to that, hundred and thirty onethousand refugees are living in India and other countries. Eight thousand five hundredand eighty eight persons repatriated to Sri Lanka within the year <strong>2004</strong>.Ministerial Mechanism for <strong>IDP</strong>sMinistry of Relief, Rehabilitation and Reconstruction came under the portfolio of thePresident. A new post for MRRR was introduced as Director General. In the newgovernment, MRRR is mandated to make policies, formulation and implementation ofspecial programs for war-affected people, displaced people and reconstruction andrehabilitation of people and properties in the North and East. To reach that, under theMinistry, Resettlement and Rehabilitation Authority of the North (RRAN), Office of theCommissioner General for Coordinating of the relief, rehabilitation and reconstruction,Secretariat for coordinating peace process (SCOPP), Secretariat for ImmediateHumanitarian and Rehabilitation needs in the north and east (SIHRN), and NationalIntegration Programme Unit (NIPU) were established.To regulate and control of implementation programs and projects for development ofEducation and Irrigation in the Eastern province which comes under Eastern ProvinceEducation Development Unit and Eastern Province Irrigation Development Unit wereover rule by the Ministry of Housing to Construction, Industry, Eastern ProvinceEducation and Irrigation Development. The third ministry, which supposed to develop<strong>IDP</strong>s, is Ministry of infrastructure development in the Eastern province. To implementprograms and projects in respect of rehabilitation, resettlement and reconstructionother than Northern region, namely; reconstruction of affected public infrastructurefacilities, resettlement of Displaced Persons, Implementation of rehabilitation ofperson, properties, and industries authority ( REPPIA) Act No. 29 of 1987 is there underthe above ministry. Under the Ministry of Agricultural Marketing Development Co-<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka7


operating, Hindu Affairs and Assisting Education and Vocational Training; The TamilSchool Development Unit is functioning.In addition to the above cabinet ministries, another three Non Cabinet Ministries arefunctioning for the betterment of <strong>IDP</strong>s called Ministry for Rehabilitation and DistrictDevelopment ( Trincomalee ), Ministry for Rehabilitation and District Development (Batticoloa )and the Ministry for Rehabilitation and District Development ( Vanni ).Freedom of movement and HSZsAccording to the MOU, Security Forces has left many private and public places; butstill HSZs are remaining. The Government Agent- Jaffna, Security Forces and UNHCRplaned study about the land and property issues in HSZs – but it did not work out.General Satish Nambiar handed over his report to the government on land andsecurity issues of HSZ in Jaffna on 9 th May 2003. Due to the existed war, mediationboards were not appointed for North and East and still all the minor disputes are beingresolving by the courts. The proposal made to the government and LTTE forestablishing a land dispute mediation mechanism was not succeeded.Mr. Sinnappu Sivachana Sampanthan displaced from Point Padurai and he was notallowed to occupy his land and properties by the security forces. The Supreme Courtentrusted the right to movement in his case and made the judgment on 8 th October<strong>2004</strong>. ( Sinnappu Sivachana Sampanthan vs State, case no 648/3).Human Security:Human security is a general concern of the people throughout the war-affectedareas even way to peace. The extortion of ‘taxes’, recruitment, abductions andpolitical killings are still being reported. Other factor is land mines and UXOs. Demining process went on its usual speed and after the MOU; 675 people were injured inJaffna due to mines. Danish Refugee Council, Halo Trust and the Sri Lankan Army areworking on de mining in North. There was heavy pressure on the GOSL to ratify theOttawa Land Mine Treaty, but with little success.Freedom of ExpressionThe Supreme Court made a remarkable judgment in freedom of expression byensuing right to vote of people who are not living in government control areas (Sc No20/2002). General Election was held in 7 th April <strong>2004</strong> and there were over two hundredthousand voters not living in security forces control areas. With the human rightsintervention, the government held the general election in security forces control areasby providing necessary facilities or them. And many <strong>IDP</strong>s who were living out of thedistrict voted under the provision 127(6) of General Election Act no 1 of 1981.House to house enumeration is supposed to be concluded before 30 th of June in eachyear due to it has not been taken place for some years in some areas where there isno government administrative control and caused heavy displacement of persons inNorthern and Eastern Provinces ( Election Commissioner, 18 th June <strong>2004</strong>). But aftermany years, Department of Election did enumeration in those areas.Women and Children as a “double vulnerable” groupDisplacement is a vulnerable situation but displacement has made women andchildren doubly vulnerable. 50% of the <strong>IDP</strong> population is women and most of them arebeing made widows by the War. In the welfare centers they are insecure and have tosuccumb to numerous abuses. Most of the women are head of households and theyhave to face numerous social and cultural barriers within their community and find itdifficult to be economically independent.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka8


Children have been a group in the shadows. They had to face the traumaticexperiences of the war from their tender ages and while displaced they are beensubject to numerous abuses. They are being recruited as child soldiers and most of thetime deprived of their rights to education. A majority of them are malnourished butmostof all the psychological impact that they have gone through being displaced itself is irreparable.“ Tsunami” and the <strong>IDP</strong>s“Tsunami” tidal waves – 26 th December; the largest natural disaster in recent historyhas damaged the peaceful life of Sri Lanka and has displaced over four hundredthousand individuals along the coastal belt. Over thirty thousand people lost theirlives in 10 districts and over hundred thousand houses were damaged totally. Thesocio – economy structure and the life patterns have changed.There were no any unique authority to work in this situation and many differentauthorities worked within their mandates with out having any coordination. The 2000government prepared to established separate ministry for disaster management andit was not allowed due to political culture. But the Her Excellency President establisheda Disaster Management Unit under the Presidential Secretariat and it was empoweredto work on disaster management.Due to Tsunami 14 districts were affected and eight hundred thirty five thousandpersons were displaced.District Deaths InjuredPersonsMissing <strong>IDP</strong>sColombo 76 - 12 16,139Gampaha 7 03 1 32,000Kalutara 219 400 106 34,536Galle 4,193 2,500 120,000Matara 1,213 8,288 450 41,900Hambantota 4,500 -- 472 27,351Ampara 10,436 120 - 183,527Mullaitivu 3,000 2,500 1,300 24,557Batticaloa 2,794 1,622 1,081 203,807Trincomalee 1,077 - 337 51,863Killinochchi 560 147 56 49,129Jaffna 2,640 656 540 48,729Puttlam 4 - 1 1029Vavuniya - - - 641Total 30,718 16,236 4,356 835,028The Affected districts map<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka9


Tsunami has damaged not only the life of the people but also socio - economy of thecountry. It has been displaced nearly half of the population of some districts.District No. of DS No. of GN Population No. of No of <strong>IDP</strong>s PercentageDivisions Divisionswelfarecentersof districtpopulationdisplaced.Colombo 13 557 2,234,289* 43 16,139 0.72%Gampaha 13 1,177 2,066,096* 11 32,000 1.54%Kalutara 14 762 1,060,800* 96 34,356 3.23%Galle 18 896 990,539* 154 120,000 12.11%Matara 16 650 761,236* 44 41,900 5.50%Hambantota 12 1,319 525,370* 19 27,351 5.20%Ampara 19 876 589,344* 125 183,527 31.14%Batillcloa 12 857 455,321** 100 203,807 44.76%Trincomalee 10 230 346,274** 76 51,863 14.98%Jaffna 14 435 955,165** 43 48,729 5.10%Killinochchi 03 95 115,553** 12 49,129 42.51%Mullativu 04 127 120,113** 19 24,557 20.44%Puttalm 16 548 705,342* 4 1,029 0.14%Vavuniya 04 102 - 5 641 -<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka10


OVERVIEW OF THE PROJECT2.1. THE HUMAN RIGHTS COMMISSION OF SRI LANKAThe Human Rights Commission was established under the Act No: 21 of 1996. It comesunder the 17 th Amendment to the Constitution.It is entrusted with the broad task of promoting and protecting the Human Rightswithin Sri Lanka. According to the section 10 of the Act the Commission can inquire into and investigate complaints regarding procedures with a view to ensurecompliance with the provisions of the Constitution related to Fundamental Rights andto promote respect of and observance of Fundamental Rights.Section 11 confers a wide array of powers to the Commission, including power toinquire in to and investigate complaints regarding infringement or imminentinfringement of Fundamental Rights, visit Police and all detention centers, and providefor resolution therefore by conciliation and mediation.The Human Rights Commission advices the Government on bringing national laws andadministrative measures in accordance with Fundamental Rights guaranteed by theConstitution and also international Human Rights standards and to promoteawareness of and provide education in relation to Human Rights.At incept the Commission focused in to receiving and investigating in to complaintsbut later it extended its activities. The Commission became engaged in the promotionof Human Rights education, examining the compatibility of the laws and policies ofthe Government with the international Human Rights norms and also becomingengaged in investigating in to systematic and group violations of Human Rights.The commission constitutes of the Chairperson and four members. It provides itsservices through the regional offices in Ampara, Anuradhapura, Badulla, Btticaloa,Jaffna Kalmunai,Kandy, Matara, Trincomalee, Vauniya and the Head Office is basedin Colombo.In its study of the vulnerable groups the Commission recognized the <strong>IDP</strong>s as a groupthat requires special attention. The twenty-year-old war had left a number of <strong>IDP</strong>sscattered especially in the North and East areas and there was no properGovernmental mechanism to protect their rights. It is the effort of the Human RightsCommission that led to the establishment of the <strong>Project</strong> for <strong>IDP</strong>s to protect andpromote the right of the <strong>IDP</strong>s.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka11


2.2. NATIONAL PROTECTION AND DURABLE SOLUTION FOR INTERNALLY DISPALCEDPERSONS PROJECTYear 2002The <strong>Project</strong> for the <strong>IDP</strong>s was established in June 2002 and it was operated in thedistricts of Trincomalee, Jaffna and Vauniya. It was the aftermath of the MOU and thebasic hurdle that was faced by the <strong>IDP</strong>s was that of the violation of their civil andpolitical rights. So the <strong>Project</strong> at its inception conducted preventive programmes andawareness programmes targeting the <strong>IDP</strong>s and Government Officials.Year 2003The <strong>Project</strong> expanded its services to the districts of Puttlam, Mannar and Batticaloadistricts. In the year 2003, the <strong>Project</strong> received 5,587 complaints from the six regions,vast number of the complaints were regarding Human Rights violations,. It receivednumber of complaints regarding loss of personal documents and also resettlementand humanitarian assistant related complaints.With the view to protect and promote the rights of the <strong>IDP</strong>s the <strong>Project</strong> conducted anumber of awareness programmes especially targeting the Government Officials as itwas identified by the <strong>Project</strong> that violations occur due to the lack of understandingand lack of respect and regard of the stake holders towards the Human Rightsespecially of the <strong>IDP</strong>s.Year <strong>2004</strong>The <strong>Project</strong> was renamed the “National Protection and Durable Solution for InternallyDisplaced Persons <strong>Project</strong>” and it expanded its mandate after analyzing thecomplaints that were received during the previous year. In its new arrangement the<strong>Project</strong> is not only focused in to protect and promote the rights of the <strong>IDP</strong>s andReturnees it also supports the existing Government mechanisms that are engaged inprotection of the rights of the <strong>IDP</strong>s. It also focuses in to the empowering andeducating the <strong>IDP</strong>s to protect and promote their rights.“Ensure life with dignity, rights and liberty and equality of <strong>IDP</strong>s / Returnees byprotecting them from all kinds of abuses and violations of their rights” was the vision ofthe <strong>Project</strong>.Strengthen the <strong>Project</strong> with a clear vision and an effectiveness, efficiency andaccountability, empowering the <strong>IDP</strong>s / Returnees to exercise and protect their rightand standing for their rights while building peace and harmony, establish an effectiveHuman Rights protection mechanism with the <strong>Project</strong> and support existingGovernment and non Government mechanisms, emphasize proactive andprevention mechanism and raising understanding of Human Rights and Human dignityand strengthen networks of National and International institutes are the strategies forthe year <strong>2004</strong>.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka12


CASE ANALYSIS - <strong>2004</strong>In the year <strong>2004</strong>, 2742(as received by the Colombo Office by the 31 st of December)number of complaints were reported to the regional offices functioning in Jaffna ,Trincomalee , Vavuniya , Putalam, Mannar and Batticaloa . The project receivescomplaints on individual violations and systemic violations. The <strong>Project</strong> Officers in therespective regions took necessary steps or the Colombo <strong>Project</strong> Office providednecessary instructions to take action Human Rights violations. The complaints onFundamental Rights received by the <strong>Project</strong> were referred to respective RegionalOffices of the Human Rights Commission.Since in Puttalam and Mannar Regions, Human Rights Commission Offices are notfunctioning, the complaints on Fundamental Rights received by the <strong>NPDS</strong> <strong>Project</strong>office Mannar and Putalam were referred to Colombo <strong>Project</strong> Office.Based on the nature of the Complaints, HRC takes steps to conduct investigations andinquiry, mediate or refer the complaints to the relevant institutions.Complaints on Regional wise150010005000BatticaloaMannarTrincomaleeVavuniyaJaffnaPuttalamRegionVavuniya office has received a high number of complaints. They are related toobtaining personal documents. The complaints received by the Jaffna office are onserious violations due to displacement. Other offices have received the averagenumber of complaints except Trincomalee.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka13


Complaints in 2003 & <strong>2004</strong>Cases in <strong>2004</strong> & 20032000150010005000Jaff Trin Vav Batt Mann PuttRegion2003<strong>2004</strong>When the project started in year 2002 after the Memorandum Of Understanding(MOU) was signed, the project received some complaints on resettlement issues and itcontinued to year 2003. In year 2003, people started to move to their habitual places.Due to this situation, the number of complaints received by the project in year 2003was very high. Many complaints were on personal documents. Some Complaints werereceived on land disputes. When the people returned to their original places, theyfound that the Police or Security Forces, Para Military Groups and others haveoccupied their property.In year <strong>2004</strong>, comparing with year 2003, many complaints were received oninadequate standard of living conditions. This illustrates the socio and economicproblems that were faced by the people when they have returned or resettled.On the whole, comparing the number of complaints received by the regions in year2003& <strong>2004</strong> it has the same pattern of receiving.The complaints on Fundamental Rights violations received by the regionsTotal Number of FR Cases Recieved by the Projcet6050403020100RegionDissappearance& illigal arrestHarresmentTortureCompensationType of CaseIssues on GovtassistanceDiscriminationFreedom ofMovement<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka14


If we look at the complaints on violation of fundamental rights guaranteed by theChapter III of the Sri Lanka Constitution, received by the project, the less number ofcomplaints were received on illegal arrest and disappearance and detention, tortureand disappearances. Even the complaints on Disappearance received by the projectoccured in 90s. In Torture complaints, not much on severe Physical torture and thosecomplaints are mainly under mental torture. On paying compensation, Governmentofficials are not in a position to pay compensation due to the non-availability of fundseven though the respective circular to pay compensation is still in force.The complaints on Human Rights violations received by the <strong>Project</strong>The complaints, which do not fall under Fundamental Rights guaranteed by theConstitution and come under the Human Rights Law or International HumanitarianLaw, are categorized under the Human Rights violation. Few complaints werereceived on Child recruitment, Abduction, Disappearance, Sexual harassment, Rape,and others. A large number of complaints were received on obtaining documents.Total Number of Human Rights Violations Cases25002000150010005000ChildRecruitmentAbdactionDissapearanceSexualHarresmentChild AbuseDomesticViolanceDry rationLivingConditionsRapeType of CaseLand MattersObtainingDocumentsOthersEducationTraffickingHarresed byMilitory Group<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka15


Number of Complaints received by the <strong>Project</strong> During the Year <strong>2004</strong>Fundamental Right ViolationsREGIONBco. Jaf. Mnr Put. Tco. Vau.1.Harassement 01 06 06 24 03 162.Torture - 01 05 01 - 033.Disappearances and Illegal Arrest 06 - 08 - - 024. Issues on Gov. Assistance 04 16 - - 01 056.Freedom of Movement - 14 - - - -7. Discrimination - 15 - - 02 058.Compensation 08 - 08 08 01 04SUB TOTAL 19 52 27 33 07 35Human Right Violations1.Child Recruitment - 05 15 - 03 202. Abduction - 06 25 01 - 033.Child Abuse 01 01 02 - - -4. Rape - - 01 01 - -5. Disappearances - - 24 - 02 -6.Sexual Harassment - - - 01 - -7.Domestic Violence - 04 01 - - -8.Dry Rations 03 27 02 09 11 059.Living Conditions 14 07 05 - 06 2210.Land Issues 23 12 09 - 06 -11.Obtaing Personal Documents 12 293 356 559 93 92612. Education 01 - 03 07 - 0213.Others 01 18 06 02 - 02SUB TOTAL 55 373 449 580 121 980TOTAL 74 425 476 613 128 1015(Details as received by the Colombo office the 31 st of December)<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka16


JAFFNAIn year <strong>2004</strong>, Jaffna <strong>NPDS</strong> <strong>Project</strong> Office received 425 complaints. The highest numberof cases reported to the Jaffna Office were on obtaining personal documents. Manyof these applications are from the Returnees. Some have lost the documents due tothe displacement. The <strong>Project</strong> facilitated the Registrar General Department to issuepersonal documents.Few cases were reported on child recruitment and these cases were referred toUNICEF and SLMM. Jaffna regional office received some complaints on lands andproperty related complaints. Most of the cases were related to the High Security Zoneand it is related to Freedom of Movement. Even though the Government is payingrent for some, the people say it is insufficient. And some are not keen on getting rentand they want their homes back. For an example in case No: 04/HRC/<strong>IDP</strong>/117, 12families made complaints to us that their houses were taken by the Police to functionas a police station. Few families had the tenancy agreement entered with the policeand they were paid a small amount of rent. Tenancy agreement has a clause sayingthat the parties can terminate the agreement after giving a month notice. They gavea written request and they want their homes back. When the project intervened; thePolice promised to vacate in December <strong>2004</strong>. So far the police have taken no action.The project did an ex parte primary inquiry on private land disputes. There are disputeson boundary lines, right of way, and use of public lanes. These disputes arose due tothe long-term displacement. These complaints were referred to Legal Aid Foundation.(LAF)On issuance of Government Assistance, compensation, dry ration matters were takenup with the relevant authorities. We were able to solve some and for some complaintsthe reply was“due to non availability of money, they could not pay.”VAVUNIYA1010 complaints were reported to Vavuniya <strong>IDP</strong> office. In the Fundamental Rightsviolations, many complaints were received on Harassment by state employees. Thesecomplaints were referred to HRC regional office. Some of these complaints are on thepermits for the government lands under the Land Development Ordinance. Returneesfrom India complained that the state officers have given their lands to others, eventhough they possess the permit for the land.In Vavuniya , the highest number of Child recruitment complaints were received.These cases were referred to UNICEF and SLMM. On obtaining documents, many areon Birth certificates, which were lost due to displacement, or applications were nevermade.For obtaining voting registration, the <strong>Project</strong> received many complaints to register thenames of the <strong>IDP</strong>s in the welfare centers. On 04 th of August a meeting was conductedin Vavuniya Kachcheri on Analyzing Existing Laws, Policies and AdministrativeProcedures on Internally Displaced Persons. In this meeting representatives of theHuman Rights Commission highlighted this problem and Government Agent decidedto hold a meeting with Assistant Election Commissioner Vavuniya and with all campofficers regarding this matter.Then Assistant Election Commissioner (AEC) sent a letter to Commissioner of Election,on 11 th of August addressing this issue. Commissioner of Election, called a meeting atColombo on 14 th of August. AEC, Vanni, AEC Puttlam and AEC Jaffna participated inthis meeting. Election Commissioner instructed to issue the forms and register all17<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka


eligible <strong>IDP</strong>’s in cleared and unclear area and special circulars issued on 18 th ofAugust on this. And the project was able to assist the people to apply for theregistration of voting.TRINCOMALEEThe project office received 128 complaints on violations on fundamental rights andhanded over to Human Rights Commission regional office for necessary action. 93complaints on obtaining documents are referred to the relevant department.BATTICALOAOn Fundamental Rights violations, many complaints were received on non-paymentof compensation by state employees. On paying compensation, GovernmentOfficials are not in a position to pay due to the non-availability of funds even thoughthe circular to pay compensation is still in force. This matter was clarified with theMinistry and the position was the same.In Land disputes, some of these complaints are on the permits for the governmentlands under the Land Development Ordinance. We received complaints stating thatthe state officers gave their lands to others, even though they possess the permit forthe land. Some were on High Security zone.For inadequate standard of living, the main problem is Government does not providefacilities after the resettlement.PUTTALAMComparatively many complaints were received on Harassment. These complaints aredue to the Government officers’ action or inaction and on administrational practices.Some are on Government officials requesting transfers. <strong>NPDS</strong> <strong>Project</strong>, Colombohandled some complaints. In <strong>IDP</strong> /P / 004, where the complainant was denied theadmission for the National college of Education even though she had the requiredqualifications with our intervention, she was able to join the College of Education.Puttlam office also has received highest number of complaints on obtainingdocuments.MANNARComparatively a lot of complaints were received other than the Fundamental RightsViolations. 15 child recruitment complaints were recorded. The complaints onDisappearances and abduction by non-State actors were very high. Similar to otherregions, a large number of complaints were received on obtaining documents.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka18


SOLVED AND PENDING CASESPending cases <strong>2004</strong>Pending othersNo of Cases100JaffnaVavuniyaMannarPuttalamBatticaloaTrincomaleeon DocReceived <strong>2004</strong>Regions<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka19


SPECIAL EVENTSOVERVIEWPromotion of the rights of the <strong>IDP</strong>s is a tool of prevention. For example promotion ofthe rights of women was felt vital, as there are a growing number of domesticviolence complaints among <strong>IDP</strong>s in the welfare centers.In the beginning of the year the <strong>Project</strong> analyzed the complaints that were receivedduring the previous year and it identified certain issues that should be remediedimmediately. Issues pertaining to loss of personal documents and also the voterregistration were considered to be given priority.Additionally a task force was created as the Human Rights Animators by the <strong>Project</strong> toempower the <strong>IDP</strong>s to protect and promote their rights and also to create effectivecommunication between the <strong>Project</strong> and the <strong>IDP</strong>s.Furthermore special programme were conducted to celebrate the Women’s Day,Children’s Day and the Human Rights Day.4.1. HUMAN RIGHTS ANIMATORS PROGRAMME“ Special efforts should be made to ensure the full participation of internally displacedpersons in the planning and management of their return or resettlement andintegration” ,Principle 28.2, Guiding Principles on Internal DisplacementIntroductionAfter the MOU in 2002 although many people started to return to their habitualresidents many were left behind in the Welfare Centers. They could not return to theirresidents as they were either destroyed or due to security reasons.There are many protection mechanisms to look in to the needs of these <strong>IDP</strong>s. But it isevident that the protection available is not sufficient. Empowerment of the <strong>IDP</strong>s wasfelt as a must. As for a long time they are being used to a dependent life style andempowerment can be considered as means of reintegrating them in to the society.Selecting a group among the <strong>IDP</strong>s especially from youth and making them activelyinvolved in the decision-making processes was felt as a need of the day. Further more,most of the youth in the welfare centers are unemployed these activities althoughvoluntary can be considered as fruitful as this is an opportunity to assist their ownpeople to rebuild their lives.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka20


Human Rights AnimatorsThe vision of the programme is to build the rights protected society for <strong>IDP</strong>s andReturnees. And the mission of the programme is setting up an energetic group ofpeople who assist <strong>IDP</strong>s and Returnees to get remedies and other services to enjoybasic rights, protect rights and prevent violence and violations of <strong>IDP</strong>s and Returneesby ensuring life with dignity, rights, liberty and equality for <strong>IDP</strong>s and Returnees byprotecting them from all kinds of abuses and violations.Goals and Objectives Setting up an <strong>IDP</strong> groups to assist and Returnees to get the remedies and otherservices to enjoy basic rights from the government and non governmentinstitutions Empower <strong>IDP</strong>s and Returnees to standing up to enjoy their rights and protect rights Educating <strong>IDP</strong>s , Returnees and educate societies on rights and responsibilities toestablishing a human rights cultured society. Reach the goals and objectives of the <strong>Project</strong>, receiving first hand information inhuman rights violations Collecting information, getting assistance to organize meetings and projectactivities And, Setting up a group of people who take over the social responsibilities andsocial leadership to have sustainable mechanism to promote and protect theirrights even though the <strong>Project</strong> is not there.ActivitiesThese people were selected from the displaced communities, as it is possible for themto understand and feel the issues that prevail and also they can provide withauthentic information regarding them.Region Number ofWCsNumber ofHRAsJaffna 70 74Batticaloa - 59Mannar 6 56Vauniya 18 37Puttlam 48 92Trincomalee 11 25TOTAL 153 343After the HRAs were enrolled orientation programmes were carried out in each region.The orientation programmes were started in April and the first phase ended in June. Inthe orientation programme the HRAs were given understanding on human rights,fundamental rights, remedial institutions. In the programmes regional Human Rightsissues were identified by the HRAs as the most prevalent in their areas, such as issue ofthe school drop outs, loss of personal documents, alcoholism, High Security Zones, lackof basic facilities in the welfare centers and child abuses. At the end of theprogrammes HRAs agreed to work on identified issues.Monthly meetings and training were conducted for the HRAs. The <strong>Project</strong> started thefirst month with a training programme on voting rights and the second month it was onobtaining the lost personal documents. The HRAs were assigned to assist their owncommunities to fill the relevant documents to obtain the necessary documents.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka21


EvaluvationAlthough at the beginning of the year the <strong>Project</strong> planned to conduct residential andintroductory programmes, the <strong>Project</strong> was not able to carry them out effectively. Eighttraining programmes were carried out by some regions but in some regions they werenot able to carry out such programmes as planned.The regional Officers mentioned that all the HRAs do not participate in their workenthusiastically. Many left the programme as soon as they obtain an employment. Sothere should be incentives that would make them effectively involved in the <strong>Project</strong>activities and it was also suggested that the methods to enroll them should beevaluated so that only the truly enthusiastic will only be part of the HRAs team.From the side of the <strong>Project</strong> there were instances where the <strong>Project</strong> failed to carry outeffective communication with the HRAs. In future the <strong>Project</strong> should try to establish aneffective communication network with the <strong>IDP</strong>s.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka22


4. 2 WOMEN’S RIGHTS“Every Human being has the right to dignity and physical, mental and moral integrity”Principle 11Guiding Principles of Internal DisplacementIntroductionThe majority of the <strong>IDP</strong>s are women and they have special needs in health, nutritionand specially privacy. Many serve as the head of the households. As the head of thehousehold, single mothers and widows they have to undergo cultural barriers anddiscrimination. Although equal protection is guaranteed in the documents she lacksthe social and economical opportunities available for men. She is an easy victim ofabuse and human rights violations.It was estimated that in the Districts of Batticaloa, Puttlam , Vauniya and Mannar thereare about 5,991 women headed families and in 1,328 families women have lost theirhusbands. In more than 7,000 families women have become the breadwinners of theirfamilies.( Monthly <strong>Report</strong> – March <strong>2004</strong> , <strong>NPDS</strong> for IPDS <strong>Project</strong>)Focusing on the 8 rd of March, the World Women’s Day the <strong>Project</strong> dedicated the 11 thof February to 10 th March to work on the women’s rights. The main objective was toprotect and promote their rights and also to empower them.ActivitiesDuring the two months the <strong>Project</strong> conducted 135 public awareness programmes andover 50% of the participants are women. The awareness programmes targeted <strong>IDP</strong>women and sometimes girls. The participants were made aware of their rights andalso discussions were held in to the problems pertain to them. It can be considered asmeans of effectively protecting their rights. Discussions were held onto the means ofdeveloping their rights, as it is a first step of empowering the women.Then the <strong>Project</strong> selected two women from the regions of Jaffna and Puttlam andthey participated in a live television programme in Channel Eye on the 5 th of March.They expressed the sufferings that they had to undergo and this was considered aprogramme to generate public awareness especially among the people living inSouth. The response received by the viewers had been encouraging.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka23


4.3. ENSURING THE VOTING RIGHTS OF THE <strong>IDP</strong>sThe right to vote and to participate in governmental and public affairs, including theright to have access to the means necessary to exercise their rightPrinciple 22 (d)Guiding Principles on Internal DisplacementEvery citizen is entitle to the freedom of speech and expressionArticle 14 (1) (a)The Constitution of the Socialist Democratic Socialist Republic of Sri LankaIntroductionPeople displaced by the war either leave their habitual resident and move in toanother area within the district or move in to another district, or move out of thecountry. Some stay with their relatives and friends and many stay behind in welfarecenters.During the year 2003 The <strong>Project</strong> received a number of complaints on violation of civiland political rights of the <strong>IDP</strong>s. Most of them are regarding the issue of voting rights.Although equal rights are been mentioned in documents, the <strong>IDP</strong>s are beendiscriminated when exercising their right to vote. They were discriminated due to thestatus of displacement and some <strong>IDP</strong>s were discriminated among the <strong>IDP</strong>s. Many whoare living in the WCs are eligible to vote from the district, which they lived before,displaced. The Parliaments Election Act, No of 1981, Section 127 (B) states that theycan apply for voting from the area where the welfare center is located. But there arecertain details that they have to submit and the <strong>IDP</strong>s complained that they areunable to find these and they were not given reasonable information time period andinformation.The youth had problems with registering to vote as the Election legislations did notrecognize a welfare center as an “ ordinary” resident although that many of themhave been living in the welfare centers for years.The <strong>IDP</strong>s living in the unclear areas were faced with the difficulty of traveling to theclear areas and to cast their vote. So many votes were at stake.The Parliamentary Elections were due on the month of April so in March the <strong>Project</strong>focused its attention to the registration of the voting of the <strong>IDP</strong>s.Activities1. Study on unregistered VotersSteps were taken by the <strong>Project</strong> to estimate the number of <strong>IDP</strong>s who are above theage of 18, and who have not registered for voting. But it was informed by the regionalofficers that the task it self is impossible as there are nearly 363,000 <strong>IDP</strong>s living in 302welfare centers in the six regions.2. Awareness ProgrammesGrama Niladhari<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka24


It was informed by the Elections Commission that, they would be Conducting ofinstruction classes for enumeration – 15 th May <strong>2004</strong> to 30 th May <strong>2004</strong> house to houseenumeration – 1 st June to 30 th August Also they informed that in certain regionsenumeration classes would not be held. So the <strong>Project</strong> undertook to conduct classesin the regions of Batticaloa, Mannar, Puttlam, Trincomalee and Vauniya. It wasinformed that Election Authorities are conducting programmes in Jaffna.Five programmes were conducted in the unclear areas after a special circular wasissued on the 18 th August <strong>2004</strong> where the Election Commissioner instructed to issueforms for registration of all eligible <strong>IDP</strong>s in the cleared and unclear areas. 229 GSsparticipated to the above Programmes. They were educated on the procedure ofregistration.Total GS Divisions where <strong>IDP</strong>s live – 619Total Number of Participants- 310The <strong>Project</strong> covered 50% of the GS divisions where the <strong>IDP</strong>s live.RegionNo. of GNdivisions in theRegionNo. of GNdivisions where<strong>IDP</strong>s liveNo. of GNsBatticaloa 195 32 64Mannar 152 152(136 Gs) 76Puttlam 549 149 95Trincomalee 230 184 119Vauniya 102 102 (48 main) 56 Other ProgrammesProgrammes were conducted for the HRAs to create awareness and also to motivatepeople to participate in the process of registration. In Mannar programmes wereconducted for the <strong>IDP</strong>s and nearly 300 <strong>IDP</strong>s participated in the programmes. Theywere made aware of the process of registration and also the importance of exercisingtheir right.3. Negotiations with the Elections CommissionThe closing date of submitting the voting registration lists was on the 15 th of February<strong>2004</strong> but after negotiations with the Elections Commission it was postponed to the 1 stof March.It was also informed to the <strong>Project</strong> that the people in the unclear areas might lose theright to vote. There are around 269, 228 people living in unclear areas in Killinochchi,Maruthankerny, Vauniya, Mannar, Mullathivu, Kalkuda, Batticaloa and Paddirippudue to security reasons.The HRC took prompt actions by informing the Elections Commissioner the difficultiesthat the <strong>IDP</strong>s will have to face as they will have to pass two check points to come tothe Government controlled areas. The HRC made the following suggestions,To open the relevant entry check points for 24 hours from the 1 st of April to the 3 rdof April<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka25


Increase the Police and Officers of the Security Forces at the entry check points.Unclear Area Check Points EstimatedVotersKillinochchi Muhamalai 57, 975Maruthankerny Muhamalai 6,312Vauniya Omanthai 17, 038Mullathivu Omanthai 52,517Mannar Madhu, Uyilankulam 14,805Muthur East Kaddauparichchan Post 9,560Muthur WestKalkudaEachchilampattu Post, Mahidapura PoliceCheck PointChenkalady, Chitandy, Marakkottanchchenai,Kiran, Nasivantivu, Panichchankerny, Mankerny4,78519,159Batticaloa Chenkalady, Manthumaiththurai, Valiyiravu 23,252PaddirrippuMadur, Paddirippu, Kurumanvelly,Ampilanthurai36,825TOTAL 269,228Sources – Elections DepartmentA positive response was obtained by the <strong>Project</strong> as the entry points were opened formore hours and more Army and Police personnel were deployed.It was informed by the Mannar Regional Office that Assistant Elections Commissionerof Vanni has been informed by the Elections Commissioner that no enumerationprocess is to be processed in the unclear areas till normalcy returns. When the HRCinquired in to the issue it has been informed by the Elections Commissioner that nohouse to house enumeration to revise the electoral registers has been conducted forsome time in the areas where there is no Government control. He stated thatarrangements have been made to enumerate displaced persons in the WCs and alsocalling for claims have been made to the people who have reached the qualifyingage in the areas where no house to house enumerations are been made.On the 4 th of August a discussion was held by the <strong>Project</strong> on analyzing existing laws,policies and administrative procedures on internally displaced persons in Vauniya .Inthis particular meeting the <strong>Project</strong> highlighted this issue to the GA and he decided toholds a meeting with the Assistant Elections Commissioner of Vauniya. After a letterbeing sent by the Assistant Elections Commissioner on the 11 th of August to theElections Commissioner regarding the matter, a meeting was called on the 14 th ofAugust by the Elections Commissioner for the Assistant Election Commissioners fromthe regions of Vanni, Puttlam, and Jaffna. Then a circular was issued on the 18 th ofAugust by the Elections Commissioner with the instructions to issue forms and registerall eligible <strong>IDP</strong>s in clear and unclear areas.4. Public Awareness CampaignsHandbills were printed with the wordings of right to vote and the procedure ofregistration.Batticlaloa Office published some paper articles in the “ Thinakaran “ newspaperto create awareness among the people.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka26


All the regions placed billboards to motivate people to register.EvaluationThe <strong>Project</strong> was able to extend the date of submitting the forms of registration of votesand also due to its efforts the Elections Commissioner issued a circular with theinstructions to distribute registration forms in the clear and unclear areas alike.Corporation was extended by the Government Officials especially the AssistantElections Commissioners.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka27


4.4 PERSONAL DOCUMENTS TO INTERNALLY DISPLACED PERSONSEvery human being has the right to recognition everywhere as a person before thelaw20.1, Guiding Principles on Internal DisplacementTo give effect to this right for internally displaced persons, the authorities concernedshall issue to them all documents necessary for the enjoyment and exercise of theirlegal rights, such as passports, personal identification documents, birth certificates andmarriage certificates. In particular, the authorities shall facilitate the issuance of newdocuments or the replacement of documents lost in the course of displacement,without imposing unreasonable conditions, such as requiring the return to one's areaof habitual residence in order to obtain these or other required documents.Principle 20.2, Guiding Principles on Internal DisplacementIntroductionDue to the sudden displacement, many of <strong>IDP</strong>s have lost their personal documentssuch as the National Identity Cards, Birth Certificates, Death Certificates and MarriageCertificates that they did not have access to many services provided by theGovernment and which can be cited as a basic human right.The <strong>Project</strong> has received more than five thousand complaints regarding the violationsof human rights in the year 2003; out of this 40% of the complaints relating to nonavailabilityof personal documents such as Birth Certificate, Marriage Certificate,Death Certificate and National Identity Cards directly or indirectly.Personal documents can be considered as imperative documents for the people in <strong>SriLanka</strong> for their day-to-day life. The <strong>Project</strong> learnt that this non-availability ofdocuments leads to direct or indirect human rights violations and double victimization.Therefore the project made policy decision to intervene and implement a specialprogramme with the collaboration of Registrar General Department, Registration ofPersons Department and Ministry of RRR to overcome these problems. The programsdealt in with raising awareness of government officials as well as public, collectingapplications and providing those.Awareness ProgrammesIt is important to aware the respective government officials and civil societies on theissues relating to the personal documents. There are practical problems in issuing thepersonal documents to <strong>IDP</strong>s, because they do not have sufficient supportive materialsto obtain personal documents. They have lost all the documents and now live inwelfare centers. Therefore special concern should be put on and special proceduresmust to be adopted to solve these issues.To bring awareness among the government officials and other related officials inrelation to issuance of personal documents the following awareness programme wereorganized and conducted by the project in all project areas and Monaragal District inJuly and November <strong>2004</strong> with participation of Register General, Additional RegisterGeneral ( N & E ) , Additional Register General ( Training ) and the Deputy<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka28


Commissioner of Registration of Person Department. Parallel to that; the projectconducted similer programs for the NGOs and to the general public.Poster CampaignThe public the <strong>IDP</strong>s must be aware and sensitize to make this event a successful one.Therefore the poster campaign was launched in the areas of <strong>IDP</strong>s to make aware andto concentrate on their problems with regard to personal documents. It was verymuch successful and a huge amount of complaints and applications came to theproject and applications were collected and handed over to respective RegistrarsOffices and the certificates were issued and some are pending due to lack ofsupportive documents and particulars.Media CampaignRadio programmes were conducted in the Sri Lanka Broad Casting Corporation inboth languages Singhala and Tamil to aware the general public on these personaldocuments in month of September and October. Mr. N. Selvakkumaran, Member ofHRCSL, Register General, Commissioner and Deputy Commissioner of Registration ofPerson Department participated in the programs. It was live programme s wheremany listeners participated via telephone and problems resolved. The key personnel’swere participated these programmes and answered the questions forwarded by thelistners.The project was able to facilitate over 4000 <strong>IDP</strong>s to get their personal documentsthrough these activities.`<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka29


4.5. “PULSE OF THE DIPLACED” – CHILDREN’S DAY PROGRMAMEIntroductionAs a consequence of the ethnic conflict, it is specially the children in the North andEast who are seriously affected. At least at one point of their life they have facedarbitrary arrest, child abuse, torture, lack of basic needs, or malnutrition. It wasestimated that 900,000 children in the North and East were affected by war (UNICEF, Aspecial Program for assistance for children and women affected by war in Sri Lanka,2000-2001, Colombo Sri Lanka) and nearly 25% of them have lost one or both of theirparents. (Times of India, Sep.7, 2002) They have not only have seen and heard aboutthe violations and abuses but some times they have undergone them. So thepsychological trauma the children had gone through is immense. But all the yearsthey have been a forgotten sector in the society.Focusing on the World Children’s Day the <strong>Project</strong> organized an art exhibition, whichgave the war affected children to illustrate their aspirations, hopes and dreams as wellas their anticipations and frustrations.ObjectivesThe Exhibition was organized to appreciate the talents and the skills of the childrenand also to give an opportunity to display their skills. Through the programme the<strong>Project</strong> tried to understand the root causes that effect these children.This too was used to create awareness among the policy makers and the generalsociety about the situation of the displaced children and to direct their awareness inimplementing policies for the betterment of the children.ActivitiesA month long activities were staged in three phases. The regional staff and the HRAsconducted the activities. In the first phase any child who falls under the category of10- 13 years and 14 – 18 years were allowed to participate and the <strong>Project</strong> providedthe children with the necessary materials.Age GroupRegion 10 – 13 years 14 – 18 yearsAnuradhapura 166 60Batticaloa 266 129Jaffna 241 145Mannar 176 57Puttlam 913 302Trincomalee 117 31Vauniya 389 166TOTAL 2, 268 890<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka30


100 drawings were chosen from each region by Art Directors of the Zonal EducationOffices and art teachers and the second phase of the competition was conducted asa regional Children’s Day Programme. State authorities, representatives from INGOsand NGOs participated to the proceedings.On the 29 th of September the Children and their guardians were brought to Colomboand they were also taken on a city tour on the next day by the <strong>Project</strong>.The third phase was the Art exhibition and the awards ceremony organized inColombo on the 1 st of October <strong>2004</strong>. The Prime Minister was the chief guest of theAwards ceremony. Concurrently the <strong>Project</strong> conducted a psychological study by Dr.Hemamala Perera, a senior lecturer and a child psychiatrist form the Medical Faculty,University of Colombo.In the report issued by the <strong>Project</strong> on the 1 st of October the followingrecommendations were brought forth.It is the responsibility of the Government that all the children with the school goingage have necessary access to quality education and they should not bediscriminated within the education system. Furthermore the Government shouldensure that these children would receive a sustainable education.The School dropouts should be provided with vocational training.The trauma the children have faced is immense. They should be provided withnecessary counseling to make sure that they approach the society with a positivemind frame.The society is developing in leaps and bounds and these children should beexposed to the new technologies and new developments.The Security Forces and the Police should have a good rapport with the children.The Labour Department should take steps to prevent the incidents of child labour.The LTTE should immediately stop child conscription.Furthermore the economic status of the family plays a vital role. Living in thewelfare centers they may be prone to economic dependency. And it may havean impact on the child’s Personality, which may be glimpsed in the drawings.These issues should be addressed.The society as a whole should be responsible for the plight of the children andcorporation is necessary from the society to uphold the status of the InternallyDiscalced Children.EvaluationThe children were given an opportunity to express their ideas through the medium ofdrawing to the general public. Through the programme, seeing the consideration thatwas given to them, the children gained confidence on them selves.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka31


This was the first time the <strong>Project</strong> organized a programme targeting the children. It hadaccess to nearly 3000 children and it is hoped that the rapport would continue in thefuture. Through the advertisement and the banner campaign the <strong>Project</strong> tried tocreate awareness among the general public regarding the problems faced by the<strong>IDP</strong> children.The <strong>Project</strong> was able to obtain the presence of the respective authorities and wasable to forward the grievances of the children. But it is evident that more substantivesteps are needed to be taken and the <strong>Project</strong>, if the recommendations are to beimplemented should work in collaboration with the respective Governmentauthorities.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka32


4.6. UNIVERSAL HUMAN RIGHTS DAY PROGRAMMEIntroductionThe universal declaration of Human Rights was passed by the UNGA on 10 thDecember 1948 by stating norms of human dignity. From then on; 10 th December iscelebrate as Universal Human Rights Day. The UN declared that, 1995-<strong>2004</strong> as thedecade of human rights education and principally it was meant to raise awarenesson human rights and inspire its values.The project was moving with all kind of layers of the society and it was aimed to seethe results of participatory approach of human rights awareness with out marginalizingcertain categories of the society. The programs were held at regional wise andnational program were held at Anuradhapura.ObjectivesThe Programme intended to create a network to protect human rights by the activeparticipation, respecting the other actors, stakeholders and duty bearers and also toachieve life with dignity by forming a social dialogue through impressive andexpressive programmes.ActivitiesActivities were carried out in the regional level as well as the national level as belowmentioned. All the regions conducted programmes to mark the Human Rights Day.REGIONAL PROGRAMMESMannarDuring the month of December the Regional Office conducted a number ofawareness programmes. They targeted mainly the <strong>IDP</strong>s, Government Officials, INGOsand NGOs, school children. The discussions were based on Human Right and theirlinkage to peace.VauniyaThe <strong>Project</strong> held a series of lectures for two groups on the subjects of Human Rights,Fundamental Rights, Child Rights, Labour Rights, Common Law and the Court Systems.The Programmes gave priority for the Training Graduates in the DS Offices as “will be“Government Officials as understanding Human Rights is vital.In addition, programmes were organized for HRAs, NGO representatives and alsoimportantly for Police Officers.JaffnaThe <strong>Project</strong> arranged awareness programes for <strong>IDP</strong>s as well as for Government OfficersWith the assistance of the NGOs in the area the <strong>Project</strong> conducted a quizprogramme. Publicity was given through the print media and they also publishedUDHR and also other document related to Human Rights.Brochures were given to the people who participated to the Human Rights day. Thefinancial contributors were the JASC, a local NGO. UNHCRV prepared Caps for theHuman Rights Day.PuttlamThe programmes were conducted in collaboration with the NGOs and the Police.Open discussions were held with them and also awareness programmes wereconducted targeting different groups. Banner campaign was held with the assistance33<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka


of the RDF and the HRC. The banners displayed certain articles in the Guidingprinciples.Discussions were held with INGOs , NGOs Government Officials. In the discussions issuesrelated to maintenance of human dignity and equality were discussed. Awarenessprogrammes were conducted for the <strong>IDP</strong>s, Government Officials, <strong>IDP</strong>s and HRAs.Issues on child abuse, women’s rights, right to equality were discussed.TrincomaleeA Peace March was organized by the <strong>Project</strong> with the assistance of the Police. About50 Police Officers as well as nearly 150 teachers and students participated in theMarch. An art competition was organized among the School students in each divisionabout child rights and human rights. A street drama too was organized on HumanRights. Awareness programme were conducted for students, teachers, SamurdhiOfficers and for GSs on Human Rights.Furthermore Human Rights Day celebrations were held in the regions of Badulla andAmpara with the corporation of the general public and the Government Authorities.Posters and reading material were distributed and Banners with Human Rights sloganswere handed over to Police Stations.THE NATIONAL PROGRAMMEThe National Programme was held at the Vewekananda Auditorium and Central Bankauditorium at Anuradhapura on the 9 th and 10th of December. Anuradhapura waschosen as it is was felt that the message of Human Rights was not heard by thepeople living in the rural Sri Lanka and also as the <strong>Project</strong> is instituting a regional Officein Anuradhapura a Programme would create the necessary background. ArtExhibitions, Discussions, Essay Competitions, Mobile Legal Clinics, Banner Campaignsand Book Stalls were organized by the <strong>Project</strong>.Art CompetitionThe <strong>Project</strong> exhibited the drawings done by the <strong>IDP</strong> Children for the Art Competition,which was held on the 1 st of October and also Photographs and it was open for thepublic on the 9 th and 10 th of December. It attracted nearly 4000 people from all stagesof society including school children. A box was placed for the students to put anyslogan or note on Human Rights and on analyzing them it was found that many ofthem did not have a basic understanding on human rights.Here are some of the ideas that were brought forth by the children, We do not need war but peace is a must The Exhibition was an eye opener, made us understood the gravity of the war Enlightened us and made us aware that the children should be given their rights Felt sorryDiscussionsA discussion forum was held in the Central Bank auditorium on the 8 th and 10 th . On the9 th the discussion was on “ensuring Social and Economic Rights.” Chief Minister of theNorth Central Province, Government Agent of Anuradhapura and the Director ofInvestigations of the HRC, Police Officers, teachers and students participated in thediscussions.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka34


On the 10 th the discussion was focused on the role of the HRCSL. The participants wereDr. Radhika Coomaraswamy , the Chairperson of the HRCSL, Mr. Selvakkumaran, amember of the Commission and the Director of Investigations chaired the discussions.In the evening session was on “Rule of Law and Human Rights” Mr. Hema Siriwardena,The secretary of the HRC and Mr. Selvakkumaran , member of the Commissiondelivered lectures on the topic.Essay CompetitionThe Competition was for School Children on topics pertaining to Human Rights.Following are the topics, Human Rights make a complete man Development does not help to protect the Human Rights Life with dignityBanner CampaignBanners and Cutouts were displayed throughout the district to create awarenessamong the public on their rights and also to create a Human Rights environment.Mobile Legal ClinicsA Legal Clinic was established in the Vivekananda auditorium on the 9 th and the 10 th .The Purpose was to receive complaints regarding Human Rights violations in thedistrict. It received only two such complaints but as they would not fall under the HRCmandate necessary advice was provided for them. But the people visited the Clinic toobtain information on HRC.Book StallIt was arranged in the Central Bank auditorium, which displayed books and othermaterials on human rights protection and promotion. Many visited the Book Stall toobtain materials and books.EvaluvationThe Programme was able to reach the people away from the Capital and was ableto introduce them to the concept of Human Rights and its effect on peace. TheProgrammes also targeted the children and it is hoped by the ideas that they havegathered from the programmes will be effective in the endeavor to build a humanrights culture.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka35


4.7 HUMAN RIGHTS PROMOTIONAL PROGRAMSEveryone is entitled to a social and international order in which the rights of freedomset forth in this Declaration can be fully realized(Article 28 UDHR)“Education shall be directed to … the strengthening of respect for human rights andfundamental freedoms. It shall promote understanding, tolerance and friendshipamong all nations, racial, social or religious groups, and shall further the activities ofthe UN for the maintenance of peace”.(Article 26, UDHR)Included in the Universal Declaration of Human Rights (Art. 26.2), reiterated in othermajor international instruments, human rights education is an integral part of the rightto education and has gained lately larger recognition as a human right in itself. Theknowledge of the rights and freedoms, of oneself as much as of the others, isconsidered as a fundamental tool to guarantee the respect of all rights for each andevery person.The human rights promotion can be reflected in many ways to address the needs ofthe particular society. It depends on the target group, season, resources, educationand living condition of the target group. It is not only for the realization of theprinciples of human rights but also a means of developing the human qualities andcreating the conditions which will enable people to live peacefully together in a worldof closely interrelated nations.The human rights promotion is to raise the knowledge, constructively change theattitudes and skills. The media can be various; which ever it should be inspire peopleto ensure life with dignity. Promotion does not limit education.The concept underpinning human rights education is that education should not onlyaim at forming trained, professional workers, but also at contributing to thedevelopment of individuals who possess the skills to interact in a society. Human rightseducation, human rights into education aim at providing pupils and students with theabilities to accompany and produce societal changes. Education is seen as a way toempower people, improve their quality of life and increase their capacity toparticipate in the decision-making processes leading to social, cultural and economicpolicies.Human rights promotion is becoming another global approachable phenomenon,appears to be developing along equally varied, but more substantively focused andprescriptive lines. It comprehends by peace — education, which provide ever-lastingsolution for displacement. The conceptual core of human rights -peace education isviolence; it's control, reduction, and elimination. The conceptual core of human rightseducation is human dignity, its recognition, fulfillment, and univerlisazation. Bycelebrating universal human rights day, the project reached its one of the objectiveof the year.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka36


Raising awareness on human rights was one of the strategies of the project to protectand promote rights of <strong>IDP</strong>s. To ensure life with dignity, rights, liberty and equality of the<strong>IDP</strong>s/ Returnees the <strong>Project</strong> conducted a number of programmes for governmentofficials, members of the NGOs and civil society and for the general public including<strong>IDP</strong>s and returnees.<strong>Project</strong> objectives of raising awareness are to empower the <strong>IDP</strong>s/ Returnees to protecttheir rights, building capacities of the government and non-government officials toprovide better services for <strong>IDP</strong>s and returnees and to minimize human rights violations.The <strong>Project</strong> conducted programs on thematic basis and out side requirements. Toprotect voting rights of the <strong>IDP</strong>s/ Returnees project conducted many programs onright to vote and laws relating to registration for relevant government officials, NGOsand general public.To ensure <strong>IDP</strong>s / Returnees obtain personal documents; the project did trainingprograms for related government officers with the Register General and DeputyCommissioner of Registration of Persons in Mannar, Vavuniya, Puttalam, Batticoloaand Monaragala districts. In addition to that, human rights animators and generalpublic were made aware on how to obtain personal documents.Women and Children were identified as a vulnerable group and they are beingsubject to abuse and harassment and it was felt that creating awareness among thecommunity on their rights would be beneficial to them the project made availablemany awareness programs for them.The project celebrated universal human rights day in Anuradhapura and parallel tothat conducted series of awareness raising programs on human rights and peace.Especially, to celebrate universal human rights day, the project did programs withcollaboration of Police, Government Agents, and NGOs.In addition to that, the project did one TV programs, five radio programs and sevenlobbing programs.Over 150 Awareness programmes were conducted throughout the year <strong>2004</strong> whichfocused in to the special issues that were identified and also basic awarenessprogrammes on human rights, fundamental rights and guiding principles on internaldisplacement.BATTICALOA27 Programmes were conducted during the year focusing in to the issue of obtainingpersonal documents, voter registration and basic understanding on human right,fundamental rights and guiding principles on internal displacement.JAFFNAIn the region 24 programmes were conducted on the issues of child rights, womenrights, Human Rights, Fundamental rights, Guiding Principles on displacement,obtaining personal documents. Target Groups were <strong>IDP</strong>s, Government Authorities,Human Rights Animators, Journalists and school students.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka37


MANNAR21 programmes had been conducted in the region mainly focusing the <strong>IDP</strong>s, HumanRights Animators, Government Authorities and NGOs. The topics that had beenaddressed were voter registration, obtaining personal documents and basiceducation on Fundamental Rights, Human Rights and Guiding Principles on internallydisplaced.TRINCOMALEEAwareness Programmes were conducted for Grama Sevakas and for Human RightsAnimators on voting rights, obtaining personal documents and awareness was givenon Fundamental Rights, Human Rights and Guiding Principles of the displaced.PUTTLAM32 Programmes were conducted targeting <strong>IDP</strong>s, members of the forces, Police,Human Rights Animators and NGOs members. Issues that were addressed arewomen’s rights, Human Rights, and Fundamental Rights, voting rights, obtainingpersonal documents.VAUNIYA42 awareness programmes were conducted in the region. They basically focused in tothe issues of voting registration, obtaining personal documents and basicunderstanding on Fundamental Rights, Human Rights, Guiding Principles on internaldisplacement.ANURADHAPURAThe <strong>Project</strong> started the Region Office on the 1 st of December and within one monththe <strong>Project</strong> was able to conduct five awareness programmes targeting theGovernment Officials, Police Officers, HRAs, NGO Members, School students and theMedia.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka38


4.7 OTHER PROGRAMMESDelegation of National Human Rights Institutions an d Non Government OrganizationsThe Delegation of the National Human Rights Institution and Non GovernmentOrganizations came for an International Workshop held in Colombo from the 22 nd to25 th of November <strong>2004</strong>.The British Council and the Forum Asia conducted the above workshop. The ColomboInternational Work Shop on National Human Rights Institutions and Non GovernmentOrganizations of the Commonwealth recognized the importance and value ofeffective collaboration between NHRIs and NGOs. In particular the workshoprecognized that cooperation is strengthen if NHRIs and NGOs are independent andproperly resourced to undertake their respective roles.And the came out is the Colombo Declaration which provided guide lines for NHRIs ,NGOs and for Governments.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka39


PUBLICATIONS5.1. <strong>Report</strong> on analyzing existing laws, policies and administrative procedures oninternally displaced personsAlthough the Guiding Principles on the Internally Displaced try to ensure that theInternally Displaced Persons shall enjoy the same rights and freedoms underinternational and domestic law it is evident that in the domestic sphere they arediscriminated by the existing laws, policies and the administrative procedures.A study was conducted by Dr Mario Gomez on the above area and the draft reportwas handed on February. Later discussions were held in the regions of Vauniya,Mannar, Batticaloa, Puttlam and Trincomalee with the participation of the GA, DSsand other Governmnet Officials and the Officials from the Security Forces, Police,representatives of the INGOs and NGOs where they were given an opportunity toexpress their ideas regarding the report.Issues related to voting Rights, Property Rights, Access to relief, High Security Zones,Access to water and access to education are being discussed by the draft report andin the meeting the participants were able to bring forth their ideas, criticisms andrecommendations on the discussed reports.Final report is to be submitted taking in to consideration the recommendations thatwere forwarded in the discussions and the <strong>Project</strong> intends to forward therecommendations to the Government and try to implement the recommendations forthe betterment of the <strong>IDP</strong>s.5.2. Legal analysis of Property issues affecting <strong>IDP</strong>s and Refugees in Sri LankaThis report was done in the year 2003 and published by the <strong>Project</strong> in <strong>2004</strong>. The reportwas done by Mr. Sundaram Srikandarajah, Mr. Ramalingam Karunakaran and Mr.Mathiaparanam Sumathiram. They have dealt with the property related problems inthe conflict-affected areas.They have analyzed the issues on loss of title deeds and problems of ownership,displaced tenants, property completely or partially damaged etc. they have studiedthe existing legislations pertaining to the relevant issue and also have discussed theeffect the war had upon the mentioned issues. In the study they have made certain<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka40


ecommendations that should be implemented if the social and economic rights ofthe <strong>IDP</strong>s and Returnees are to be protected and promoted.5.3. The Right to Health and the crisis at the General Hospital, AnuradhapuraThe HRCSL was concerned over the media reports that appeared at the end of theyear 2003 and the beginning of the year <strong>2004</strong>, regarding the degrading status of theGeneral Hospital of Anuradhapura.Right to health is one of the fundamental socio and economic rights of the peopleand due to the status of the Hospital not only the people in Anuradhapura but alsothe people living in the adjacent areas are affected. In the report the obligation ofthe state to provide health services have been discussed. After analyzing theobservations made in the study the <strong>Report</strong> forwards certain recommendations on thecoordination of the Central Government and the Provincial Governments, HospitalAuthorities and the Provincial Health Authorities etc.This is a combine study of the Law Review <strong>Project</strong> and the <strong>NPDS</strong> for InternallyDisplaced Persons <strong>Project</strong>.5.4. Calendar 2005A calendar was prepared by the project with the theme of “ safe guarding rights.. tolife, freedom without harassment and discrimination; within the chosen habitat.”Non-human pictures were used to depict human qualities and human rights such asright to education, right to basic health care, right to life, freedom from genderdiscrimination, rights of the immigrant workers, right of the <strong>IDP</strong>s to return to their homeswith dignity, rights of the child, right to shelter are being depicted in the calendar.For example for the month of June the rights of the <strong>IDP</strong>s to return to their Homes withdignity is being promoted with the photo of the Knuckles range where a detailed,natural rock formation depicting the geographical contours of Sri Lanka. It sated “ <strong>SriLanka</strong> – the place we call home. People displaced by war or other means have aright to return to their homes with dignity.”In the month of November with the colourful pictures of exotic fish bring forth thetheme of right to housing. “ The fish are luckier than many people of the world today.They enjoy the bounties of their ocean home, which are still available in abundance.On dry land, some aren’t so lucky. In the human world, the right to housing, basicinfrastructure and basic living standards isn’t enjoyed by many people today”5.5. Other PublicationsI. Internally Displaced In Sri LankaA leaflet that discusses the situation of eth <strong>IDP</strong>s in the country.II.Can a Colour Pencil Talk?A leaflet for the children’s day programme <strong>2004</strong>III.Can A Colour Pencil Talk?A booklet that discusses the children’s programme <strong>2004</strong> and therecommendations that were forwarded by the <strong>Project</strong>.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka41


STAFF AS RESOURCES6.1 Recruitment & PlacementThe <strong>Project</strong> wishes to appreciate the service rendered by Mr Manivannan – The<strong>Project</strong> Officer, Trincomalee and Mr. Chamara Panagoda-The Account Assistant,Vauniya who left the project in this year.And also the <strong>Project</strong> welcomes Mr. P. Vijithan, Praogramme Assistant, Ms C.P.D.Freeda., Account Assistant Vauniya, Ms., R.M.E.K.Vasana the Account AssistantTrincomalee who joined the <strong>Project</strong> this year.6.2 Staff Training and DevelopmentStaff Training has always given importance and every available opportunity was givento them to improve themselves. Related to field based programmes many regionalofficers participated in workshops on sexual and gender-based violence conductedby the UNHCR, workshops on mediation and on Community <strong>Project</strong> Managementadditional to the trainings conducted by the project.As for their personal development they participated in workshops on TimeManagement and <strong>Report</strong> Writing.STAFF TRAINING14%14%7%37%Sexual and Gender Based ViolenceWomen's RightsTime ManagemnetNon Violence Communication WorkshopMediationCommunity Managemnet21%7%<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka42


PRIORITIES FOR THE YEAR 2005The <strong>Project</strong> intends to focus on the following aspects in the next year.By establishing a web based inquiry mechanism, and building up the capacity of thestaff of the <strong>Project</strong> and the HRC Officers to receive, investigate and inquire in tocomplaints on individual and systematic violations of human rights the <strong>Project</strong> intendsto strengthen the <strong>Project</strong> and the HRC Regional Offices.There will be ten thematic wise and regional wise public hearings and there will belegal and social research relevant to <strong>IDP</strong>s and Returnees.Measures will be taken to empower <strong>IDP</strong>s/Returnees to enjoy and protect their rights.The services of the <strong>Project</strong> will be expanded to the district of Ampara. There areproposals to expand the pool of HRAs to approximately 800 in number. Human RightsProtection Committees and Children’s Societies will be set in the WCs andresettlement areas.An effective Human Rights Protection mechanism will be set out with eth aid of theHuman Rights Commission. Prompt actions will be taken in an instance of a humanrights violation. Also the Government Authorities will be made aware of the HumanRights Situation.Language had been the bone of contention form the time being. The <strong>Project</strong> this yearwishes to initiate certain awareness programmes targeting the policy makersTo increase the knowledge, attitudes and the skills of the duty bearers and the societyon Human Rights and Human Dignity Awareness programmes will be carried out bythe <strong>Project</strong> via press and the electronic media. Also there will be seminars andworkshops with the participation of the national and international policy makers.Suggestions have been made to celebrate the Universal Women’s Day, Refugee Day,Children’s Day and the Universal Human Rights Day.The <strong>Project</strong> intends to implement the proposals forwarded by the Final <strong>Report</strong>submitted by Dr Mario Gomez. The report deals with issues related to Voting Rights,Land and Property Rights, Access to relies and forwards certain recommendationswhich the <strong>Project</strong> intends to implement with the collaboration of the Government.Furthermore the <strong>Project</strong> wishes to create a balance between the Tsunami <strong>IDP</strong>s andthe People displaced by War.<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka43


National Protection & Durable Solution for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri LankaNo: 65/1, Muththaiyapillai Avenue, Ward Place ,Colombo 07Tele: +94 11 2662587 Fax + 94 11 2 688145Email: hrccidp@sltnet.lk<strong>Annual</strong> <strong>Report</strong> <strong>2004</strong>National Protection and Durable Solutions for Internally Displaced Persons <strong>Project</strong>Human Rights Commission of Sri Lanka44

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