DISASTER RELIEF MONITORING UNIT

OF THE HUMAN RIGHTS COMMISSION OF SRI LANKA

Address: 65/1, Muththaiyapillai Avenue, Ward Place, Colombo 07.

Email : , ,

Tele: ++94 011 2662502

Fax: ++ 94 011 2662587

Hotline ++94 011 2688460, 077-3088141, 077-3088138

CONTENTS

  1. EXECUTIVE SUMMARY
  1. INTRODUCTION
  1. NATIONAL HUMAN RIGHTS COMMISSION OF SRI LANKA
  2. Vision of the Human Rights Commission
  3. Powers of the Human Rights Commission
  4. Functions of the Human Rights Commission
  1. DISASTER RELIEF MONITORING UNIT

a.The Terms of Reference for the Disaster Relief Monitoring Unit

b.The Staff of the Disaster Relief Monitoring Unit

c.Policy Prescription for DRMU

d.Field Visits

e.People’s Consultations

  1. Phase I
  2. Book Launch
  3. Phase II

f.Monitoring Through Surveys

g.Addressing Complaints

  1. The Procedure
  2. Complaints Database
  3. Grama Niladhari Meetings
  4. Special Complaints
  5. Group Complaints

h.Working Group on Relief Monitoring

i.Code of Conduct for Public Servants

j.Media Campaign

k.Website of the DRMU

l.The Tsunami and Human Rights: A Framework for the Reconstruction and Rehabilitation Process

  1. SECTORAL ANALYSIS OF THE POST-TSUNAMI SITUATION

a.Housing

  1. Transitional Shelter
  2. Permanent Shelter
  3. Owner Driven Housing Program
  4. Donor Driven Housing Program

b.Children

c.Women

d.Health

e.Education

f.Livelihood

  1. Fisheries
  2. Agriculture
  3. Tourism
  4. Small and Medium Enterprises
  1. DISTRICT LEVEL ANALYSIS OF THE POST-TSUNAMI SITUATION

a.Ampara

b.Batticaloa

c.Colombo

d.Galle

e.Gampaha

f.Hambantota

g.Jaffna

h.Kalutara

i.Killinochchi

j.Matara

k.Mullatiuv

l.Puttlam

m.Trincomalee

  1. FUTURE ACTIVITIES OF THE DRMU

a.CapacityBuilding of Disaster Relief Monitoring Unit

b.People’s Consultation – Phase II

c.Best Practices Workshop

  1. BIBLIOGRAPHY
  1. ABBREVIATIONS

1.EXECUTIVE SUMMARY

2.INTRODUCTION

Year End Report of the Disaster Relief Monitoring Unit, presents the Role, Mandate and the Activities conducted by the Disaster Relief Monitoring Unit of the Human Rights Commission from January to December 2005. Report also analyses the impact of Tsunami as well as the progress of Post-Tsunami activities.

IMPACT OF TSUNAMI

The Tsunami that occurred on 26th December 2005 is the world's fifth-largest quake in a century. Indonesia, Thailand, India, Sri Lanka and Maldives with Somalia and Malaysia to a lesser degree were affected by the Tsunami.

Map 1[1]

As a result of the Tsunami Disaster there have been 553,287 displaced persons in Sri Lanka, belonging to 5 Provinces and 13 Districts of the Island. Jaffna, Killinochchi and Mullaitivu of the Northern Province, Trincomalee, Batticaloa and Amparai Districts of the EasternProvince, Hambantota, Matara and Galle Districts, which belong to the Southern Province, Kalutara, Colombo and Gampaha Districts of the WesternProvince and Puttalam District of North Western Province are the affected Provinces and Districts in Sri Lanka

Map 2[2]

Map 3[3]

Map 4[4]

Map 5[5]

Map 6[6]

Map 7[7]

Map 8[8]

NATIONAL HUMAN RIGHTS COMMISSION OF SRI LANKA

The Human Rights Commission of Sri Lanka is an independent Commission, which was set up to promote and protect human rights in the country. Human Rights Commission Act No. 21 of 1996 spells out its powers and functions. The appointment of the members to the Commission comes within the purview of the 17th Amendment to the 1978 Constitution of Sri Lanka. At present the Commission has 10 regional offices, with the Head Office in Kynsey Road, Colombo 10.

Vision of the Human Rights Commission

To ensure human rights for all and promote and protect the rule of law.

To realize the Vision, the Human Rights Commission of Sri Lanka has prioritized the following:

  • Freedom from Torture
  • Right to Due Process
  • Right to Equality and Non-Discrimination
  • Freedom of Speech and Association
  • Social and Economic Rights
  • Group Rights, emphasizing the Rights of the Minorities, Women, Children and Marginalized Groups

Powers of the Human Rights Commission

For the purpose of discharging its functions, the HRCSL has been conferred with broad powers including the following:

  • To investigate and inquire into violations of fundamental rights.
  • To intervene in court proceedings with the permission of the court.
  • To monitor the welfare of detainees through regular inspections of places of detention.
  • To undertake research on human rights issues and public education programmes on human rights.
  • To summon persons before the Commission to procure evidence including documentary evidence and to examine witnesses.

(Section 11 of the HRCSL Act No. 21 of 1996)

Functions of the Human Rights Commission

The Commission has many functions in addition to inquiring into fundamental rights violations:

  • To ensure that all State Procedures comply with fundamental rights guaranteed by the Constitution of Sri Lanka.
  • To advise and assist the government in drawing up legislation, administrative directives and procedures in compliance with fundamental rights.
  • To make recommendations to the government regarding how national laws and administrative practices can be brought in line with the international human rights obligations of Sri Lanka,
  • To advise the government on acceding to international human rights treaties.
  • To promote human rights awareness in the Country

(Section 10 of the HRCSL Act No. 21 of 1996)

DISASTER RELIEF MONITORING UNIT

Considering the magnitude of the impact of Tsunami crisis, the Human Rights Commission of Sri Lanka established the Disaster Relief Monitoring Unit to address human rights issues related to post-Tsunami activities and to monitor the situation of Tsunami victims.

The Disaster Relief Monitoring project focuses on assisting the IDP Project of the HRC to monitor government services as well as civil society activities in successfully reintegrating Tsunami victims especially in terms of relief, benefits, land titles and support livelihood from the perspective of human rights.

The Terms of Reference for the Disaster Relief Monitoring Unit are:

  1. To assist the IDP Project to monitor government services provided to Tsunami victims especially in terms of relief, benefits, land title and support to livelihood from the perspective of human rights.
  1. To make policy prescriptions to the government on a regular basis on human rights protection in the relief & reconstruction process
  1. To work out a code of conduct for state officials with regard to relief & reconstruction.
  1. To work with the IDP project towards ensuring the basic needs & social and economic rights of Tsunami victims (sanitation, food, water, housing, health and education) Special concern will be given to the needs of women & children.
  1. To liase with government task forces & officials on a regular basis with regard to human rights protection in the relief & rehabilitation programme & to lobby for a more inclusive process involving all groups in decision making
  1. To consult and liase with NGOs with regard to human rights issues in the relief & reconstruction process.
  1. To consult & liase with local level government officials regarding human rights especially at the District level.
  1. To work with the Inquires & Investigation Division of the HRC in monitoring human rights violations and rule of law violations experienced by Tsunami victims.

The Staff of the Disaster Relief Monitoring Unit are:

  1. Mr. Lionel Fernando (Chairperson)
  2. Mr. Y.K.H. De Silva (Consultant)
  3. Ms. Nirekha De Silva (Researcher)
  4. Mr. Asitha Punchihewa (Researcher)
  5. Mr. Amal De Chickera (Media Coordinator)
  6. Mr. Supun Govinnage (Field Coordinator)
  7. Mr. Malaka Ekanayake (Legal Officer)
  8. Mr. J. K. Prabath (Legal Officer)
  9. Ms. Ranjini Gomez (Secretary)
  10. Ms. Dulmanthi Sangakkara (Assistant Coordinator)
  11. Ms. Praveena Periannan (Assistant Coordinator)
  12. Ms. Nilupuli Jayawardane (Assistant Coordinator)
Policy Prescription for DRMU-

The DRMU developed a Policy Prescription to carryout its mandate. This Policy Prescription describes in detail, the methods which will be used by the DRMU in achieving its Aims and Objectives.

THE POLICY PRESCRIPTIONS

OF THE DISASTER RELIEF MONITORING UNIT

OVERVIEW

In developing policy prescriptions with which to advise the government, the Disaster Relief Monitoring Unit (henceforth, the Unit) must develop a framework for the involvement of the human rights community, as it is this community that will be most relevant and helpful to the Unit in the fulfilment of its mandate. For example, coalition building opportunities must be taken advantage of in order to prevent duplication of efforts. Human rights organisations may contribute initially through describing their organisational involvement in and thinking on Tsunami relief, rehabilitation and reconstruction. The Unit must also collect resource material and network with all organisations involved in the Tsunami effort. Monitoring of human rights violations can be a collective effort of investigation and accumulation of information and resources through the involvement of civil society.

Tactics available to human rights organizations that would be most useful include a focus on generating political will and a domestic constituency to mount a more robust response to the crisis in general, and to address discreet human rights problems related to the crisis. These discreet problems may include issues relating to both civil and political rights (such as the issuing of birth and death certificates, and non-discrimination), and to economic, social and cultural rights (such as rights to food, housing, health and education).

Rights of vulnerable groups such as women and children are also of particular concern. Gender bias in addressing relief and rehabilitation may exist, and the special needs of women and children relating to security, health and education, for example, must be addressed.

In order to develop policy prescriptions, the existing policies of the Government must be analysed in order to discover any instances where human rights violations are occurring or may occur. These discreet instances must then be addressed by the Unit, and alternative policies suggested to the relevant authorities. Only through fact-finding and close liaison with relevant sectors of society involved at all levels of the post-Tsunami recovery and reconstruction phase, can this be achieved satisfactorily.

TERMS OF REFERENCE

  1. To assist the IDP Project in terms of monitoring government services to Tsunami victims especially in terms of relief, benefits, land titles, and support to livelihood from the perspective of human rights.
  • This perspective of human rights includes the elimination of discrimination regarding the distribution of funds and land, the rebuilding of housing and sanitation schemes, and the re-establishment of livelihoods.
  • It is essential to take into account the sensitivities and conflicts that may arise between tsunami-affected IDPs and conflict-affected (pre-Tsunami) IDPs. (These groups may have the same or similar needs, and it is imperative that the situation is assessed, and any possibilities of discrimination between the two groups are removed)
  1. To work with the IDP Project toward ensuring that basic needs are met through upholding social and economic rights of Tsunami victims (including sanitation, food, water, housing, health and education) Special attention will be given to the needs of women and children
  • Social and Economic Rights are provided for in the 1966 International Covenant on Economic, Social and Cultural Rights. These rights must be subject to progressive implementation according to the ability of the national Government. In terms of the Tsunami, the aid given to the Government allows for the immediate implementation of these rights, particularly those of housing, health and education.
  • Particular attention must be paid to children’s right to education. It is imperative that children are given the chance to resume normal lives as soon as possible. Educational facilities are one way of achieving this. In addition, account must be taken of the general right to education in that it is not only children who have been affected by the Tsunami who should then have access to an acceptable standard of education. Policies to reconstruct and improve educational facilities should encompass all educational institutions in the Tsunami-affected areas.
  • Children who have either been orphaned or have lost either parent must also be paid special attention. Their needs must be established and met.
  1. To assist the Inquiries and Investigation Division to monitor human rights and rule of law violations pertaining to the Tsunami
  1. To make policy prescriptions to the Government on a regular basis on human rights protection in the relief and reconstruction process
  • The Unit must ensure that both immediate and longer term Government policy is in line with human rights norms and accountability, as outlined in national and international human rights instruments.
  • Any policy prescriptions must make clear the importance of transparency and accountability in all governmental actions and processes.
  1. To work out a code of conduct for state officials with regard to relief and reconstruction
  • Any code of conduct developed must impress the importance of upholding the norms and requirements outlined in national and international human rights instruments (outlined on p11).
  • A possible template for the code of conduct is the UN High Commission for Human Rights (UNHCHR) Draft Human Rights Code of Conduct for Companies.
  • Document found at:
  1. To liaise with the government task forces and officials on a regular basis with regard to human rights protection in the relief and rehabilitation programme and to lobby for a more inclusive process involving all groups in decision making
  • The outcome and information gathered from these liaisons will be particularly important in the development of policy prescriptions to the Government (see point 4. in the Terms of Reference).
  1. To consult and liaise with NGOs with regard to human rights issues in the relief and reconstruction process
  • As mentioned in the Overview, coalition-building may be a useful in preventing a duplication of efforts.
  • Ensure that all NGOs the Unit liaises with, are taking human rights into account in the implementation of projects.
  1. To consult and liaise with local level government officials about human rights especially at the District level
  • Raise awareness among these officials as to human rights issues that are relevant to the process of rebuilding communities, livelihoods and those human rights that relate to issues of land.

ORGANISATIONS

The DRMU in carrying out its mandate, is to work closely with the following organisations and groups – both Government and non-governmental:

Taskforces

  • TAFREN
  • TAFOR

Government Ministries

  • Ministry of Relief, Rehabilitation and Reconstruction
  • Ministry of Social Welfare
  • Ministry of Urban Development and Water Supply
  • Ministry of Women’s Empowerment and Social Welfare
  • Ministry of Women’s Affairs
  • Ministry of Ports and Aviation

Regional Government Officers

  • District Secretary/Government Agents
  • Divisional Secretary
  • Grama Niladharis

Government Departments and Authorities

  • Presidential Secretariat
  • Urban Development Authority
  • National Child Protection Authority
  • Ceylon Electricity Board
  • National Water Supply and Drainage Board
  • Resettlement and Rehabilitation Authority of the North (RRAN)
  • SL Central Transport Board
  • Ceylon Government Railways
  • Road Development Authority
  • SL Telecom
  • Information and Communication Technology Agency of Sri Lanka (ICTA)
  • Board of Investment of Sri Lanka (BOI)
  • Bureau of Foreign Employment
  • Bureau of Infrastructure Investment
  • Department of External Resources
  • Department of Fiscal Policy and Economic Affairs
  • Department of Labour

International Organisations

  • FAOFood and Agriculture Organisation
  • ILOInternational Labour Organisation
  • IOMInternational Organisation for Migration
  • OCHAOffice for the Coordination of Humanitarian Affairs
  • UNCT United Nations Country Team
  • UNDAC United Nations Disaster and Assessment Coordination
  • UNDP United Nations Development Programme
  • UNDPMGUnited Nations Disaster Preparedness and Management Group
  • UNEPUnited Nations Environmental Programme
  • UNESCOUnited Nations Educational, Scientific and Cultural Organization
  • UNFPAUnited Nations Population Fund
  • UN-HABITATUN Centre for Human Settlements
  • UNHCRUnited Nations High Commission for Refugees
  • WBWorld Bank
  • WFPWorld Food Programme
  • WHOWorld Health Organization
  • UNICEF United Nations Children’s Fund
  • UNIFEMUnited Nations Development Fund for Women

NGOs and International NGOs (Civil Society)

  • CHAConsortium for Humanitarian Agencies
  • CPACentre for Policy Analysis
  • TROTamil Rehabilitation Organization
  • NPCNational Peace Council
  • PAFFREL
  • CENWOR Centre for Women’s Research
  • NVPF Non-Violent Peace Force
  • OXFAM
  • Coalition for Assisting Tsunami Affected Women
  • HABITAT(housing and settlement)
  • ITDG
  • CCFChristian Children’s Fund
  • SC Save the Children
  • SCFSave the Children Fund

METHODOLOGY FOR HUMAN RIGHTS MONITORING

Conduct field visits to

  • Kalutara
  • Galle
  • Matara
  • Hambantota
  • Amparai
  • Batticaloa
  • Trincomalee
  • Mullaitivu
  • Jaffna
  • Killinochchi
  • Puttalam
  • Gampaha
  • Colombo

Visit and meet with

  • District Secretary
  • Divisional Secretaries
  • Grama Seva Niladhari
  • Non-Governmental Organizations working in the area
  • IDP Camps (speak to youth, children, women, men)
  • Child Orphanages
  • Schools (speak to teachers, students, parents)
  • Hospitals (speak to doctors, nurses, patients)
  • People resettled in Tsunami affected villages (assess community needs)
  • Clergy

Focus on

  • Relief distribution process
  • Reconstruction process
  • Discrimination in Relief and Reconstruction process
  • Access to food
  • Access to water
  • Safety (particularly of women and children)
  • Sanitation
  • Addressing physical/ mental health issues
  • State of Orphans
  • State of Widows
  • Employment options for war widows
  • Land titles
  • Building/ Distribution of new houses transitional and permanent
  • Mechanisms of addressing Employment issues of IDPs
  • Networking with NGOs, Priest/ Clergy and IDPs to report shortcomings in the relief and reconstruction process

Basis of Activity

All activities must undertake to monitor and uphold the promotion and protection of the human rights norms found in the Constitution of Sri Lanka, and in International Instruments ratified by Sri Lanka.

National Human Rights Instruments

1978 The Constitution of the Democratic SocialistRepublic of Sri Lanka