National and Regional Laws and Policies
on Internal Displacement

SRI LANKA

The on-going conflict in Sri Lanka has uprooted over one million people. Further displacement occurred following the tsunami of December 2004 when approximately 550,000 were forced to flee their homes. The tsunami hit some areas already affected by the conflict.

The Representative of the UN Secretary-General on internally displaced persons undertook a mission to Sri Lanka in 1993, following which he issued a report summarizing his field visits and making specific observations with regard to the living conditions of the displaced, the general security situation, the issue of resettlement, the role of the international community and the hope for achieving durable solutions for the internally displaced. The Representative made a specific recommendation in relation to the need to address legally any outstanding discriminatory practices on the basis of ethnicity, religion and language and to reverse any public tendencies that may operate to the disadvantage of the minorities.

For access to the mission reports of the Representative, go to: http://www.ohchr.org/english/issues/idp/visits.htm

National Framework for Relief, Rehabilitation and Reconciliation (June 2002)

Purpose: In July 1999, the government initiated the Relief, Rehabilitation and Reconciliation (RRR) Framework process to address the challenges of ensuring effective programming for conflict-affected populations. The aim of the Framework was to address these challenges by: ensuring that the basic needs of people affected by conflict are met; rebuilding productive livelihoods; and facilitating reconciliation across ethnic lines. In February 2002, the government and LTTE signed a permanent ceasefire agreement, paving the way for talks to end the long-running conflict. In June of the same year, a report was published based on the recommendations made during the Framework process.

Responsibilities: The Framework calls for the creation of a National Coordinating Committee on Relief, Rehabilitation and Reconciliation to keep the RRR process moving forward, proposing policy adjustments when appropriate, as well as monitoring and evaluating the impact of the process. The office of the Commissioner-General for Relief, Rehabilitation and Reconciliation under the Prime Minister was created in 2002. A separate Ministry of Relief, Rehabilitation and Reconciliation was established in 2004.

Content: The report establishes a framework of policies and strategies to be followed-up by relevant actors. These policies and strategies include: adherence to international humanitarian law as the basis for the conduct of the parties to the conflict; adoption of the Guiding Principles on Internal Displacement as official policy for assisting IDPs; regular surveys and assessments with a view to accelerating and expanding opportunities for resettlement and reintegration; and establishment of an independent humanitarian ombudsman system, including with representatives from affected communities.

Joint Strategy to Meet the Immediate Needs of Returned Internally Displaced Persons (2002-2003)

Purpose: Following the signing of the ceasefire agreement between the government and the LTTE in 2002, the government and UN developed an integrated program to cope with the immediate and initial reintegration of spontaneous returnees into their home communities, while protecting and assisting vulnerable groups, both IDPs and those in the community who remained in situ. The priority areas detailed in the Joint Strategy were identified according to government priorities and the recommendations of a High Level Needs Assessment Mission.

Responsibilities: The Strategy identifies a role for both the government and the UN in program development and implementation, as well as raising funds to implement the programs identified in the Strategy. Overall monitoring and reporting is the responsibility of both partners and is to be carried out under the guidance of the Commissioner General for Relief, Rehabilitation and Reconciliation.

Content: The Strategy identifies ten priority needs and suggests programs based on these needs. The needs are: mine action; food; agriculture and fisheries; emergency employment; health and nutrition; water and sanitation; protection; non-food items; and coordination and capacity building.

Provisions of note include:

• nutrition education programs for children, expectant and nursing mothers (p. 15);
• psychosocial support services (pp. 20, 25);
• water and sanitation facilities for the displaced and host communities (p. 21);
• improved water supply and sanitation facilities specifically for schools (p. 21);
• hygiene education for children (p. 21);
• skills training (p. 21);
• emergency education kits (p. 23);
• catch-up education and readmission programs for school dropouts (p. 23).

Tsunami (Special Provisions) Act (2005)

Purpose: To help overcome obstacles to the enjoyment of human rights and benefits faced by those affected by the tsunami.

Responsibilities: The Act imposes specific responsibilities on the Registrar-General of Births and Deaths in relation to the issuance of death certificates. The National Child Protection Authority is given specific responsibilities in relation to children and young persons who were orphaned or left with a single parent who could not care for them following the tsunami.

Content: The Act addresses three specific issues: issuance of death certificates (Part I); custody of children and young persons (Part II); and property rights.

Provisions of note include:

• adverse possession of property (Part III);
• entitlements of those in possession of land affected by the tsunami (Part IV);
• rights of tenants and lessees of premises or land affected by the tsunami (Part V);
• offences in respect of tsunami relief property (Part VI).

Resettlement Authority Act (2007)

Purpose: To create an authority vested with the power to formulate a national policy and plan, implement, monitor and coordinate the resettlement of the internally displaced persons and refugees.

Responsibilities: The Minister of Resettlement is responsible for the appointment of seven members of the nine-member Board of Directors, as well as the Chairman and Vice-Chairman of the Authority. Once operational, the Authority is responsible for formulating and implementing a resettlement policy and fulfilling its broader functions as identified in section 14.

Content: According to section 14, among the functions of the Authority are: to assist the internally displaced obtain lost documents (sub-section (d)); facilitate the resolution of disputes relating to ownership and possession of movable and immovable assets (sub-section (h)); facilitate community between the internally displaced and host communities (sub-section (i)); and provide reasonable access to information (sub-section (n)).