Year End Report 2005

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Year End Report 2005 Powered By Docstoc
					          DISASTER RELIEF MONITORING UNIT
   OF THE HUMAN RIGHTS COMMISSION OF SRI LANKA




Address:   65/1, Muththaiyapillai Avenue, Ward Place, Colombo 07.
Email :    lf_sanet@sltnet.lk, yk_sanet@sltnet.lk, hrclegal@sltnet.lk
Tele:      ++94 011 2662502
Fax:       ++ 94 011 2662587
Hotline    ++94 011 2688460, 077-3088141, 077-3088138
                            CONTENTS


1. EXECUTIVE SUMMARY

2. INTRODUCTION

3. NATIONAL HUMAN RIGHTS COMMISSION OF SRI LANKA
     a. Vision of the Human Rights Commission
     b. Powers of the Human Rights Commission
     c. Functions of the Human Rights Commission

4. 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
             i. Phase I
            ii. Book Launch
           iii. Phase II
     f. Monitoring Through Surveys
     g. Addressing Complaints
             i. The Procedure
            ii. Complaints Database
           iii. Grama Niladhari Meetings
           iv. Special Complaints
            v. 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

5.   SECTORAL ANALYSIS OF THE POST-TSUNAMI SITUATION
       a. Housing
              i. Transitional Shelter
             ii. Permanent Shelter
                    1. Owner Driven Housing Program
                    2. Donor Driven Housing Program
       b. Children
       c. Women
       d. Health
       e. Education
       f. Livelihood
              i. Fisheries


                                                                         1
             ii.Agriculture
            iii.Tourism
            iv. Small and Medium Enterprises

6. 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

7. FUTURE ACTIVITIES OF THE DRMU
     a. Capacity Building of Disaster Relief Monitoring Unit
     b. People’s Consultation – Phase II
     c. Best Practices Workshop


8.   BIBLIOGRAPHY

9.   ABBREVIATIONS




                                                               2
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 11




1
    Lonely Planet – Tsunami Update http://www.lonelyplanet.com/tsunami/


                                                                               3
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 Eastern Province, Hambantota, Matara and Galle
Districts, which belong to the Southern Province, Kalutara, Colombo and
Gampaha Districts of the Western Province and Puttalam District of North
Western Province are the affected Provinces and Districts in Sri Lanka




                                                                            4
                                          Map 22

2
 Department of Census and Statistics
http://www.statistics.gov.lk/Tsunami/Map_afftected%20DS%20division.htm


                                                                         5
                                               Map 33


3
    Department of Census and Statistics http://www.statistics.gov.lk/Tsunami/map_deths.htm


                                                                                             6
                                               Map 44

4
    Department of Census and Statistics http://www.statistics.gov.lk/Tsunami/map_dispepole.htm


                                                                                                 7
                                              Map 55
5
    Department of Census and Statistics http://www.statistics.gov.lk/Tsunami/map_western%20pro.htm


                                                                                                 8
                                              Map 66




6
    Department of Census and Statistics http://www.statistics.gov.lk/Tsunami/map_southern%20pro.htm


                                                                                                  9
                                              Map 77

7
    Department of Census and Statistics http://www.statistics.gov.lk/Tsunami/map_eastern%20pro.htm


                                                                                                 10
                                               Map 88




8
    http://www.statistics.gov.lk/Tsunami/census/afectd%20jaffna%20gn.pdf


                                                                           11
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)




                                                                                 12
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)




                                                                            13
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.

   2.     To make policy prescriptions to the government on a regular basis
          on human rights protection in the relief & reconstruction process

   3.     To work out a code of conduct for state officials with regard to relief
          & reconstruction.

   4.     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.

   5.     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

   6.     To consult and liase with NGOs with regard to human rights issues
          in the relief & reconstruction process.

   7.     To consult & liase with local level government officials regarding
          human rights especially at the District level.

   8.     To work with the Inquires & Investigation Division of the HRC in
          monitoring human rights violations and rule of law violations
          experienced by Tsunami victims.




                                                                               14
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)




                                                                 15
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.


                                                                               16
                       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)

2. 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.


                                                                            17
3. To assist the Inquiries and Investigation Division to monitor human
   rights and rule of law violations pertaining to the Tsunami

4. 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.

5. 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:
       http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/13e40a9bc4e3
       be3fc1256912003c5797?Opendocument


6. 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).


7. To consult and liaise with NGOs with regard to human rights issues in
   the relief and reconstruction process




                                                                             18
         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.

   8. 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



                                                                          19
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
FAO          Food and Agriculture Organisation
ILO          International Labour Organisation
IOM          International Organisation for Migration
OCHA         Office for the Coordination of Humanitarian Affairs
UNCT         United Nations Country Team
UNDAC        United Nations Disaster and Assessment Coordination
UNDP         United Nations Development Programme
UNDPMG United Nations Disaster Preparedness and Management
Group
UNEP         United Nations Environmental Programme
UNESCO       United Nations Educational, Scientific and Cultural
Organization
UNFPA        United Nations Population Fund
UN-HABITAT          UN Centre for Human Settlements
UNHCR        United Nations High Commission for Refugees
WB           World Bank
WFP          World Food Programme
WHO          World Health Organization
UNICEF       United Nations Children’s Fund
UNIFEM       United Nations Development Fund for Women

NGOs and International NGOs (Civil Society)

CHA         Consortium for Humanitarian Agencies
CPA         Centre for Policy Analysis
TRO         Tamil Rehabilitation Organization
NPC         National Peace Council
PAFFREL
CENWOR      Centre for Women’s Research
NVPF        Non-Violent Peace Force



                                                                20
      OXFAM
      Coalition for Assisting Tsunami Affected Women
      HABITAT (housing and settlement)
      ITDG
      CCF           Christian Children’s Fund
      SC            Save the Children
      SCF           Save 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)



                                                                           21
      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 Socialist Republic of Sri Lanka
      (Particularly Ch. III)
1996 Human Rights Commission Act

International Human Rights Instruments
1949 (UN) Convention for the Suppression of the Traffic in Persons and of
      the Exploitation of the Prostitution of Others
1966 (UN) International Covenant of Civil and Political Rights (ICCPR)
1966 (First) Optional Protocol to the International Convenant on Civil and
      Political Rights
1966 (UN) International Covenant on Economic, Social and Cultural Rights
      (ICSER)
1966 International Convention for the Elimination of All Forms of Racial
      Discrimination (ICERD)
1966 (UNESCO) Discrimination in Education
1979 Convention for the Elimination of All Forms of Discrimination against
      Women
1984 Convention against Torture, and other Cruel, Inhuman or Degrading
      Treatment or Punishment
1989 United Nations Convention on the Rights of the Child
1996 Guiding Principles on Internally Displacement
1999 Optional Protocol to the Convention on Elimination of All Forms of
      Discrimination Against Women
2000 Optional Protocol to the Convention on the Rights of the Child on the
      Sale of Children, Child Prostitution and Child Pornography




                                                                           22
Field Visits

In keeping with the mandate of our unit, the Field Staff of the unit have been
traveling to all Tsunami affected Districts on a regular basis - consulting
affected people, Grama Niladharis9, Divisional Secretaries10, District
Secretaries11, NGO’s, Leaders of Civil Society including religious dignitaries -
and making policy prescriptions to the government on human rights
protection in the relief and reconstruction process based on the ground
situation. The focus of the DRMU during consultations was regarding the
efficiency with which the basic needs and social and economic rights of
Tsunami victims (sanitation, food, water, housing, health, education and
livelihood) have been addressed through the prevailing Government and
NGO mechanisms. Throughout the consultations we have given special
attention to the needs of women & children.

The field visits have helped us develop networks with Governmental
Officials, NGO’s and the civil society working at different levels. Networking
has enabled us to gain direct access to rich and diverse sources of information
on shortcomings of Tsunami relief distribution and reconstruction process.

Herewith activities conducted during Field Visits are briefly presented.

COLOMBO


Visit to Modarawatta, Angulana in the DS Division, Moratuwa
(27th September 2005)

A visit was paid to follow up a complaint lodged by Mr. Gamini
Dhanabandhu Peris of 461, Modarawatta Rd, Angulana. His family of 5 lives
within the 100m buffer zone in an unauthorized dwelling alongside other
unauthorized settlers who have built similar wooden shacks. He has been
living there for the past few years after his previous house was washed away
to the sea due to the impact of high tide.

Eventhough they were affected by the Tsunami (Police reports and
photographs available), they have not been provided with the government
grants of Rs. 2,500 or any of the Rs. 5,000 installments, transitional
accommodation. They have no assurance of receiving permanent shelter
either. Yet, they have been awarded with the Rs. 375 worth of Ration cards on
several occasions. People on the other side of the road have received Tsunami
9
  Grama Niladhari is a Government Officer working at Village level. A Grama Niladhari is in charge
of a Grama Niladhari Division, which may consist of one or more villages
10
   Divisional Secretary is a Government Officer who is in charge of a Division. Division consists of
few Grama Niladhari Divisions
11
   District Secretary is the Government Officer who is in charge of a District.


                                                                                                   23
aid and Mr. Peris believes that they do not deserve to receive Tsunami aid as
they were no affected by the Tsunami.

Adding to the misery is that some of the families in that area including his
family have been asked to evacuate their shacks before the 29th September as
it is planned to demolish the concerned houses to construct a railway bridge
in the near future. The affected families will be displaced if the proposed
developments are to take place. On the other hand, the affected families have
lived in unauthorized land that belongs to the Sri Lanka Railways.

When raised the question as to whether they are prepared to settle elsewhere
on a permanent basis their answer was positive. They are also happy to move
to transitional shelter in another location.


KALUTARA



Meeting at the District Secretariat Kalutara
(27th May 2005)

A brief meeting with the District Secretary, Mr. Jayalath. R. V. Dissanayake
was held at the District Secretariat, Kalutara that was followed by the meeting
with the Kalutara District Social Service Officer, Ms. Kumuduni Seneviratne.

 Social Service Officer facilitated the DRMU team with information relevant to
the District of Kalutara that included the progress of constructing temporary
and permanent housing for tsunami affected persons, Relief distribution
process and Coordination of NGO, INGO activities by the Government.

It seems, Government Coordination of NGO and INGO activities through the
Divisional Secretariat are limited and need more efficient planning and
monitoring.

Visit to Bazar West GN Division of the Panadura DS Division
(27th September 2005)

Mr. M D H Aponso of 22/2A Peris Mawatha Panadura has not being
considered for the government entitlement of Rs. 100,000 given for partial
damages of houses eventhough his house has been affected by the tsunami.
The reasoning for not being entitled for the above grant according to the
Technical Officer of the Panadura DS Division and the Grama Niladhari
according to Mr. Aponso was because he owns another house that is
damaged by the Tsunami which has been approved for entitlements given for
partial damage.



                                                                            24
GALLE


Meeting with Mr. Hewavitarana, the District Secretary, Galle
(Friday, 28th January 2005)

Mr Lionel Fernando conducted a meeting with the District Secretary, Mr.
Hewavitarana.

Mr. Hewavitarana chairs the NGO meeting regarding the construction of a
housing project in Galle. It was decided that the project will commence
during the week of 1 February 2005.

On being asked about gender and child abuse, he mentioned that things may
have been bad in the first few days of the tsunami, but that to his knowledge,
the police immediately took action and that now things are normalising.

He also said that there had been no reports of animosity or discrimination
amongst different ethnic groups (Muslims and Sinhala).


Meeting with the District Secretary of Galle District.
(29th April 2005)

 The District Secretary explained the strengths, weaknesses of the current
situation and submitted the situation report of Galle District. The total need
for transitional shelter, completed number of transitional shelter, transitional
shelter in progress are 5403, 2665 and 1892 respectively. Explained about the
management committee meetings, Sectoral meetings etc and latest
government mechanisms available.

IDP Camp Consultation and tsunami affected house visits in Habaraduwa DS
division
(1st May 2005)

There are people from Liyanagoda, Ooragasgoda and Moranpitigoda.
According to the people in camps, 23 families (86 individuals) live in the IDP
camp where transitional shelter has not been provided. Even though there are
23 tents available, only 10 tents are occupied. Tents have been donated by an
Italian agency. Ceylinco has built latrines. Tents are situated within the 100m
buffer zone. UNP officials have visited this area, which they believe is the
reason for them to get insufficient resource input from the government.




                                                                             25
Transitional shelters are being put up on the other side of the road, which is
away from the 100m buffer zone.

There was a special case where a house where an old, helpless lady lives has
been burnt on the 27th of December 2004.


Meeting with a Grama Niladhari Officer in Liyanagoda GN Division
(1st May 2005)

Met the GN officer in area to discuss the matter concerning a villager, who is
not entitled for the Rs. 100,000 or the Rs. 250,000 to reconstruct the house as
the original house was under construction. According to the GN, it is not
possible to provide the concerned villager with a grant due to the government
regulations.


Meeting with Grama Niladhari Officer of Ooragasgoda GN Division
(1st May 2005)

The concerned family has lost their home due to Tsunami. They have shared
the house with a family member and they have registered this house as two
separate units in the relevant Pradeshiya Sabha. As the government’s policy is
to provide a “roof for roof”, this family is not entitled for two separate units
eventhough they were living separately earlier. Therefore, the matter was
taken to the relevant Grama Niladhari officer.


Visiting Tsunami affected persons in Aturuwella, Bentota
(27th May 2005)

 Persons living in bigger houses within 100M zone, but only partially
damaged don’t want to move into houses given by the Government. They
feel that they will be better off if money could be given instead of houses.

IDP camps at Pathegama, Balapitiya
(27th May 2005)
 There are 2 Camps by the side of the road. 52 families are living in temporary
shelter in one camp whereas 21 families living on the other side of the road
have received transitional shelter. The IDPs are from 3 different villages,
Pathegama, Middoramulla and Modarawatta.

    There are only 2 Grama Niladharis for the 3 villages.
    There are inconsistencies in releasing Tsunami aid given by private
     donors and NGOs among the affected.




                                                                             26
   In the weekly rations package, insufficient amount of sugar and too
    much flour given.
   Food aid is not received regularly. Rations are given once in three
    weeks. If one item of rations is not available, that is provided only
    when distributing aid next time.
   Livelihood issues are not yet addressed.

Meeting with the Grama Niladhari of Wellabada
(27th May 2005)

 DRMU team visited Mr. Janaka Mendis the Grama Niladhari of (Balapitiya
DS division) with Mr. Lennin Mendis who has complained to the DRMU
earlier, to find out reasons why GN has not addressed the concerns of Mr.
Lenin Mendis, although the Divisional Secretary has ordered to consider Mr.
Mendis as a person who has lost his livelihood. Mr. Y.K.H. de Silva of DRMU
has also spoken to the GN as well as the Divisional Secretary on this matter.
The GN says, that the Divisional Secretary has to speak to him regarding this
matter again in order to consider giving Rs.5000 monthly allowance to Mr.
Mendis, although all the documents possessed by Mr. Mendis says that he is
eligible to receive the allowance. Mr. Mendis had to waste time in Divisional
Secretariat, District Secretariat and other Government Offices many days
because the Grama Niladhari is not willing to give his dues, as they are
Political rivals. (GN is from People’s Alliance and Mr. Mendis is from UNP)


Investigations at Matiwela, Thelwatte based on complaints received
(4th June 2005)

Matiwela, Thelwatte is about 1 km from the sea. As a result of the Thelwatte
river, water has come to the area. The house we visited had many cracks;
They had lost most of the home grown vegetation. There have been many
dead bodies and debris in their land. Debris has not been completely cleared.
Drinking water in the area is still contaminated.

The Damage Assessment Team has not visited the house and they don’t
receive the compensation for damaged houses, which they are supposed to
receive.


Visiting Mrs. A.D. Dhanawathie, wife of GN in Matiwela (68) who has
committed suicide after tsunami.
(4th June 2005)

Grama Niladhari has committed suicide one and half months after tsunami.
According to the wife it was based on false allegations by the community on
inappropriate distribution of aid. This person has been working day and



                                                                          27
night after Tsunami as he has been in charge of 68B Welikada GN Division
and 68 Matiwela GN Division. The workload he had to carry has been too
much for an individual to handle.

GN’s family (wife, 2 daughters and son) has not received any Government
assistance. They are frightened to live alone at their own house. So they spend
the nights at GN’s parent’s house.


Visiting Mrs. W.K. Karaline, 125/2, Hettgoda, Kahawa at her residence
based on a complaint of not receiving aid although the house is damaged
(4th June 2005)

Mrs. W.K. Karaline’s house is a small hut made out of wattle and coconut
palm leaves. As a result of tsunami house has got tilted as water has come up
to one foot from ground level. The Damage Assessment Team has not visited
the house and they have not received any compensation for the damage
caused.


Salsburg – Austria Camp in Dewata, Galle
(5th June 2005)

Persons living in this camp are still living in Tents. They are not willing to
move into Temporary Shelter until they receive permanent shelter although
arrangements have been made to accommodate them at Sewalanka
Transitional Shelter Camp in Walahanduwa. Reasons given include that they
will lose their freedom as Sewalanka Camp manager is monitoring them and
the aid they receive will be limited.
They had had a problem as Officers from Divisional Secretary have tried to
remove the tents.


Walahanduwa – Sewalanka Transitional Shelter Camp
(5th June 2005)


Transitional Shelter is done in a beautiful location. Sewalanka Officer
manages the Camp with discipline.
As the camp is in an estate, people are finding it difficult to find transport. No
public transport is available near the camp. It is important as there are about
25 children travelling daily to schools in Galle.

People have to spend Rs. 30-40 to go to the cooperative to obtaining ration
items. At times, people are sent back by the cooperative officials saying that




                                                                               28
they have still not received ration items. Therefore, people have to spend
money twice or thrice on travelling.

IDPs in this camp are paying Rs. 10 per day in order to continue with the
electricity connection that they have supplied by Sewalanka from 6.00pm to
10.00pm.

There seems to be a problem with privacy within the transitional shelter
provided by Sewalanka as adjoining houses are separated by a single wall
which are transparent.


Visiting Salsburg – Austria Permanent Housing Camp in Walahanduwa:
(5th June 2005)

The Austrian organisation has started to lay foundations to build permanent
housing at Walahanduwa.



Individual consultations in Kahawa, Thelwaththa and Paraliya
(5th June 2005)

         Mrs. Chitra is living with 2 schooling children. Her husband has left
    her few years back. She has engaged in Cinnamon cultivation prior to the
    Tsunami and now livelihood is affected. Eventhough she is entitled for the
    Rs. 2,500 and 5,000 she is not receiving any aid.

        Mr. K T Sunil is not receiving Tsunami aid provided through the
    government for which he believes the reason is his personal problems with
    the Grama Niladhari in area.


Consultation with persons living in Thelwatte, Peraliya
(18th June 2005)

Persons living within the 100 M buffer zone have had demonstrations
yesterday by blocking the Galle road. They say they will continue until there
demands are met. Their main demand is a request to pay compensation for
persons living within the buffer zone to buy their own land and to build their
houses.

The demand is based on a caste issue. Persons belonging to Karawa Caste
and Salagama Caste are living in the area. They don’t want to move into
same locality. As a result, Karawa persons are demonstrating requesting
policy changes related to giving permanent housing.



                                                                            29
Other concerns of Thelwatte IDPs-
    JVP has built 25 temporary shelter (which is called Arunodaya). There
      are no toilets or electricity for these shelter.
    13 temporary shelter houses built by Sewalanka- Concern also don’t
      have toilets.
    Relief Stamps have been stopped since 20th May.
    Has distributed Mason work and Woodwork tools for persons who
      have no knowledge on Masonry and Woodwork.
    There is no water in roadside barrels.


Visiting the Divisional Secretariat, Ambalangoda
(18th June 2005)

There is no Divisional Secretary in Ambalangoda at present. It is the Assistant
Divisional Secretary who is in charge of the Secretariat. He requested us to
get prior written permission and an appointment to meet him.

IDPs living in tents at Salsburg – Austria Camp in Dewata
(18th June 2005)

Although there are 63 tents, there are only 29 families who are living in the
camp. They requested to remove uninhabited tents as people use the
uninhabited tents to receive aid.

Consultations with IDPs in Sea Breeze Garden Camp,
Siyambalahagahamulla, Mahamodara
(18th June 2005)

There are 78 tents in the camp. Only 10 temporary shelters have been offered.

Meeting with the Police HQI of Galle, I.P. Wagapitiya
(18th June 2005)

Discussed about minor offences complaints, related to post-Tsunami relief
distribution, received by the Galle Police Station.


Conducting a meeting for all IDPs in Sea Breeze Garden Camp,
Siyambalahagahamulla, Mahamodara
(18th June 2005)

DRMU Staff explained the Rights and Duties of Tsunami IDPs.




                                                                                30
MATARA


Concern-Sewalanka Project IDP Camp at the Hiththatiya Buddhist Temple
(30th April 2005)

113 families, mostly from Thotamuna/ Paramulla area live in this IDP camp.

4 Army personnel and 1 police officer are on duty, managing monitoring the
activities in the camp.

All government-assisted facilities are given. The IDPs have received the
government allowance of 5,000 only for January and February.

Christian Children’s’ Fund (CCF) has employed people to clean camps and
the people were paid Rs. 400 a day. Some were not paid the due amounts.

Transportation for schooling is a problem for children. Students have received
A/L replacement books with the old syllabus.

Pre-School was stopped as the teacher had a problem with the community.

Tenants of the camp had a issue with the security provided through Army
personnel. Women feel secure with the Army security in the camp and they
are requesting the Army personnel to remain but some of the men do not
wish to have the security of Army personnel.

Common drainage pit is not being cleared efficiently. Apart from that, overall
condition of sanitation is relatively acceptable

Meeting with the District Secretary and the Additional District Secretary of
Matara District.
(30th April 2005)

Meeting was conducted with Mr. H. P. S. Jayasekara, District Secretary of
Matara and Mr. Piyasena, the Additional District Secretary of Matara to
discuss Post-Tsunami situation in the District.

DRMU Staff was provided with relevant information and said that they will
provide with more information through e-mail.

Then a brief explanation about the government mechanism and committees in
Matara District was given.

Private sector has assisted the District Secretary and the Divisional Secretaries
by providing them with mobile phones etc.



                                                                              31
District Secretary explained that an intercom or a hotline connecting
important Government bodies (such as the District secretary, the Police chief,
the Regional Director of Health Services, etc) is important in a disaster
situation.

Also suggested the need for Grama Niladharies to have telephones.

Said the vacancies in Government Offices should be filled in order to
effectively implement Government policies. There are no Divisional
Secretaries in 7 out of 16 DS Divisions. In addition, there is a considerable
vacuum in Grama Niladhari level.

Thalalla IDP Camp, supported by the International Organisation for
Migration (IOM) and JICA.
(30th April 2005)

16 families and 68 individuals are residing in the Camp. The IDPs are from
Gandera, Thalalla and Devundara GN Divisions.

Water tank available but there is a scarcity of water.

Medical facilities are available close by, but public health education and
public health inspection is in need.

An incident concerning influencing religious freedom was reported.

Mothers with infants were complaining of not receiving infant milk card
because they have not received Samurdhi.

IDPs are concerned about starting new livelihood activities. Up to date they
have not received any equipment to start their livelihood.

Women were complaining of scarcity of ladies underwear and sanitary wear.

Fisheries Relief Camp, Thalalla
(30th April 2005)

IDPs in the Fisheries Relief Camp (13 families) are still living in tents. They
have not yet been provided with transitional shelter. Oxfam has started
building transitional shelter for the IDPs.

IDPs were complaining against the Grama Niladhari for frauds and
misconduct.




                                                                            32
Tsunami Affected Persons House Visits in Thalalla
(30th April 2005)

The Damaged Assessment team has yet not assessed partially damaged
houses, because of Tsunami.

Meeting with Thotamuna GN Division, Grama Niladhari Officer
(30th April 2005)
A meeting was arranged with the Grama Niladhari of the Thotamuna GN
Division, Mr. Vishwa Ranasinghe to discuss IDP issues of concern in his area.



Kithulwela IDP Camp
(30th April 2005)

There were four Army personnel stationed in the camp. Majority of the
women insisted them to stay as their presence drastically reduce the incidence
of alcohol and drug abuse. Army personnel complaining that they are not
receiving an allowance of Rs. 4,000, which is given to them if they were in
their base camp.


Visiting Divisional Secretariat, Matara
(29th May 2005)

DRMU officers visited the Divisional Secretariat office in Matara to obtain a
list containing Tsunami affected villages within the Division of Matara where
the team was provided with the list.

Visiting an IDP camp in Matara
(29th May 2005)

Solis IDP camp that hosts 30 families is situated in the Matara town. IDPs
from Totamuna, Polhena and Fort. Main Concerns of the persons consulted
included,
     No responsible Government Officials visit them regularly to listen to
       their concerns.
     Food rations are not distributed regularly.



Meeting with the Divisional Secretary, Devinuwara Divisional Secretariat
(5th June 2005)




                                                                           33
Met Mrs. E.A.C. Widanegamarachchi, Divisional Secretary of Devinuwara
D.S. to inform about the Consultations that will be implemented by DRMU in
partnership with Colombo University Community Extension Centre and
discuss issues in implementing post-tsunami relief, reconstruction and
rehabilitation programmes.

Some issues brought up by the Divisional Secretary included-
     Some people have registered in 2 places and receiving aid from both
       places. This is because according to the circular, tsunami affected IDPs
       are requested to give aid based on their work, not on voting registry.
     Persons living in semi-damaged houses, who used to live in such
       houses earlier, are requesting Transitional Shelter because they can get
       aid.
12 persons who live within the 100 M buffer zone, but in high grounds and
who are not affected by Tsunami are also requesting permanent shelter.


Power Loom Transitional Shelter Camp, Kandara Pokuna Road, Tangalle
(5th June 2005)

The IDP camp situated in a power loom factory hosts 27 families. They are
complaining that they are not receiving clothing etc. from NGOs. One Police
officer who is in the IDP camp (an IDP) is not receiving the Rs. 5,000
according to the government circular. According to the officer, salary was
deducted from all police personnel after the Tsunami.




HAMBANTOTA


Dharma Kabeer Mosque Camp in Hambantota
(Saturday, 29th January 2005)
There was an ordered structure in the running of the camp at the Dharma
Kabeer Mosque Camp in Hambantota

At the local grama sevaka’s office it was made clear that there is danger of
mismanagement and delay occurring at the local government level in the
distribution of relief. Relief being supplied to the Tsunami survivors has not
always reached its target population. Even though the Centre has important
plans, local level officials determine the nature of the process. Unless there is
proper supervision and accountability at the local level, there will be
problems in the future. There is thus a need for a transparent process, for
which there is accountability.



                                                                              34
It was noted in the camp that the government is meeting less than 20% of the
relief needs of the camp occupants. Most of the immediate needs are being
met by private individuals, NGOs and INGOs. This points to the fact that any
attempt to centralise and direct aid flows through the government apparatus
may not meet the actual needs on the ground.

Now that the immediate needs of food, clothing and shelter are generally
provided it is imperative that aid is given to ensure that people can begin to
work and earn their livelihood. The biggest complaint received was that there
is no employment of any sort available. People are frustrated with their
inability to work and earn a living. This is the most pressing demand.

In relation to the destruction of livelihoods by the Tsunami, equipment is
needed. Fishing boats for the men, sewing machines for the women and other
equipment for the skills that these survivors have. A needs assessment needs
to be done the successfully highlights what the livelihood needs are.

At the Dharma Kabeer Mosque in Hambantota, the Chairperson of the
Human Rights Commission and two other women Commissioners spoke
with some of the women inhabitants of the camp. Many appeared to have
psycho social concerns that were not being dealt with at all. In addition, the
widows pleaded for support to start their life over again. They requested
sewing machines and other such equipment to assist them with their work.
Women’s security needs at the camp had been met by segregation- the
women slept in one place and the men in another. In addition there were
police and navy guards at the camp. Records at this camp also seem to have
been meticulously kept.

There is no uniformity in the way relief is granted by Colombo authorities. It
is necessary to have uniformity to ensure non-discrimination. This again
requires a local level process that is accountable and transparent. Sixth, it was
expressed to the Unit, that there are difficulties in obtaining birth and death
certificates. In this instance, the HRC will be sending a mobile unit to deal
with registering and obtaining birth and death certificates.


Housing scheme site at Kadjuwatta, Hambantota
(Saturday, 29th January 2005)

The Unit also made a visit to the housing scheme site at Kadjuwatta, where
land is being currently cleared for 3,200 housing units. Though in principle
resettlement inward seemed a good idea and some of the individuals spoken
to appeared happy with the idea, The Unit noted that there would have to be
transport provided for those living on the development, as it is quite far from
the centre of Hambantota and the sea. Provisions must be made for fishermen



                                                                              35
to continue their trade. In addition considerable attention must be paid to
providing support services to the community so that it is not cut off from the
rest of Hambantota.


Meeting with GTZ officials at GTZ
(30th April 2005)

 The official of GTZ said that they are concentrating on working in the district
of Hambanthota. They are planning to set-up a comprehensive data base
taking Grama Niladhari Level, Divisional Secretarial level and District level
into consideration and even breaking down data to the family level and the
individual level. Said that there are too many figures currently being collected
and there is no uniformity in figures collected by various organizations.

GTZ has conducted a Socio-Economic assessment and have identified
beneficiaries in some areas. GTZ is mainly looking at reestablishment of
livelihood and housing. They have already distributed boats. They are going
to spend Rs. 550,000 on each house.



Galmulla Camp, Kalamatiya
(30th April 2005)

The Camp is located at Hathagala GN division, Ambalanthota DS division.

There are 31 families (108 individuals) in the IDP camp.

They are happy with the Grama Niladhari but not with the Divisional
Secretary and other authorities.
People in IDP camp are particularly unhappy about the attention given by
health authorities.

Two local NGOs are jointly working fulltime in the area. Namely, Janadiriya
National Women’s Development Foundation and the Green Movement of Sri
Lanka.

Permanent shelters are nearing completion.

Good livelihood programmes have been introduced and successfully carried
out by the local NGOs in transitional shelters.



Tsunami Affected Persons House Visits – Hambantota



                                                                             36
(30th April 2005)

Random visit to Mr. S. A. Wijesena revealed that his family has been
maltreated due to the inefficiency of the Grama Niladhari Officer. Mr.
Wijesena has lost his livelihood (trading fish) even though his family and
home has not been affected by the tidal wave directly. The current Grama
Niladhari has been appointed recently and the former Grama Niladhari has
not included Mr. Wijesena’s name under the fish traders list. As a result, the
current GN cannot take any positive action.

Meeting with Grama Niladhari Officer Koholankale Grama Niladhari
Division
(30th April 2005)

Met Mrs. Daya, the Grama Niladhari officer of the Koholankele GN Division
to discuss IDP issues.

The DRMU researchers also discussed Mr. Wijesena’s complaint, regarding
not receiving aid. Mrs. Daya promised to look into the matter and report to
DRMU on its outcome.


UC-Quarters Camp
(30th April 2005)
UC-Quarters Camp is located at Hambantota East Grama Niladhari Division.
Large number family members and neighbours of persons living in the camp
have died due to Tsunami.

Initially there have been 260 families. Now there are only 80 families as the
others have gone to the camp in the Mosque premises.

Transitional housing has been provided only to a few.

People want to stay in their original location, but the government is not
prepared to allow them to stay there.

They have received aid from NGOs and individuals. They have also received
the Rs. 5000 and the Rs. 2,500 they are entitled to and the Tsunami Stamps.

Even though they are happy with the Grama Niladhari’s work, they are not
happy with the treatment they receive from the District Secretariat and the
Divisional Secretariat alongside the other Government representatives such as
the Divisional Director of Health Services (DDHS) and the Public Health
Inspectors (PHI).




                                                                           37
According to them, the reason for mistreatment for IDPs in the Camp is
political and not religious.

It was observed that the people who were there did not have access to proper
sanitation and basic needs. They said that the water supply was available
earlier, but was removed on the 29th of April.


The District Secretariat, Hambantota
(28th May 2005)

DRMU officers visited the District Secretariat office in Hambantota to obtain a
list containing the tsunami affected villages within the District of Hambantota
There the team was provided with a list of officials from which the relevant
lists can be obtained.


Visiting the village Sooriyawelena at Tissamaharama
(28th May 2005)

Met three children in the same family who have lost their parents due to
tsunami. Two of these children are living with their grand-mother who is not
in a position to walk about because of a problem in her leg. The youngest girl
who is 2 years is living with her uncle. They haven’t received the Rs. 15000
due which is given for all dead persons families.


Visiting the village Magama at Tissamaharama
(28th May 2005)

As there was a rumour that the Grama Niladhari of Magama village is
facilitating the villagers in receiving tsunami aid without proper evaluation of
damage to property and livelihood, DRMU field research team visited the
Magama, situated in the Tissamaharama DS division.


Meeting with the Grama Niladhari, Sooriyawelena
(28th May 2005)

 DRMU researchers met the Grama Niladhari of Suriyawelena, Mr.
Gunatillake as there were complaints that there are inconsistencies in
distributing tsunami aid by the Grama Niladhari. According to GN he has
given aid to people who lost their means of income from Tsunami, including
cultivations and he has worked based on Government polices.


ASPIC IDP camp at Nidangalawella


                                                                             38
(28th May 2005)

DRMU team visited the IDP camp at Nidangalawella which hosts 51 families
from the Andaragasyaya GN Division.

All the families are in transitional shelter and construction of permanent
shelter has started already.

There are concerns about low standards of building materials and methods.

NGOs Action aid, Caritas, World vision, Christian Children’s’ Fund are
engaged in providing consumables to the villagers.

There are concerns on safe water and sanitation.

A person in the camp has been assaulted and locked up by Police some time
ago when he has gone to lodge a complaint.



Sidhujanapura Transitional Shelter Camp, Kirinda
(28th May 2005)

Many complaints regarding the GN and his malpractices


The Police Station, Tissamaharama
(28th May 2005)

DRMU team visited the Tissamaharama Police Station to address the
individual complaint by an IDP that was assaulted by a Police Officer of the
Tissamaharama Police Station. It was found out that the Police officer of
concern has been interdicted some time ago due to another act of misconduct.

AMPARA



Special Case in Kalmunai
12th June 2005

The complainants are from the A2 GS Division in the Kalmunai Tamil Division. They
live on three parallel roads by the name of Udayar Road, Vatta Visdharai Road and
Quarry Road. Whilst the two GS Divisions adjacent to the A2 Division has set the
standard at 1,300 metres from the coast for the assessment of damage to houses,
based on which compensation would be paid. In the A2 Division however, the limit
was set at 800 metres. Consequently, the houses of 35 families which were damaged



                                                                               39
by the tsunami and who live between the 800 and 1,300 marks were not assessed due
to the arbitrary limitation imposed by the Grama Sevaka. The complainants also allege
that bribery is rampant in the area and alleged that the GS was selling compensation
forms at Rs. 6,000/- each.

The significance of this complaint heightens when taking into consideration the fact
that EHED (an NGO) has committed to support families whose houses have been
certified as damaged by the Damage Assessment Teams.

The complainants had officially complained to the District Secretary upon which a
new damage assessment team was sent to the area. After this assessment, one of the
complainants (Mr. V. Mahesvaran) was granted compensation but the others were
not, even though their houses had also been damaged.

The DRMU team visited some of these houses and can verify that there were
significant cracks and damage to them. However, the DRMU officers lack the
technical expertise to assess whether this damage was caused by the tsunami or not.

Meeting with Divisional Secretary, Kalmunai Tamil Division
12th June 2005

The Kalmunai special case described above was taken up with the Divisional
Secretary, Mr. Vasudevan. He said that the appeal of the complainants was pending
and that a decision would be reached soon.

With regard to appeals in general, Mr. Vasudevan said that there were 187 housing
related appeals which were being processed. No new appeals would be entertained
as the deadline for the submitting of appeals was the 31st of December.

With regard to the construction of permanent shelter, the DS said that 1,100 houses
were to be reconstructed on three sites for the Kalmunai Tamil Division. Mr.
Vasudevan was critical of the Sri Lanka Red Cross, which had committed to
construct 300 houses but had not built any as yet.

Another problem was that the American Mission had promised to build 22 housing
units, but had withdrawn as the Government wanted them to build flats and they
wanted to build separate housing units.



Meeting with Divisional Secretary, Kalmunai Muslim Division
12th June 2005

According to the Divisional Secretary Mr. Anzar, the biggest challenge being faced
by his division was the scarcity of land to build on. There are no State lands and
private land has to be identified for the reconstruction process.

The Turkish Government which has committed to constructing 200 houses has not
begun work s yet.




                                                                                      40
With regard to houses outside the buffer zone, Mr. Anzar said that there were 572
fully damaged and 2263 partially damaged houses according to the damage
assessment carried out. However there were 500 appeals regarding the damage
assessment which were still pending.



Meeting with Divisional Secretary, Ninthavur Division
12th June 2005

The Additional Divisional Secretary said that the Ninthavur special case (discussed
below) would hopefully be resolved as three local politicians had organised a
meeting for the following week between the Tamil and Muslim communities to
resolve the conflict between them.

Meeting with Divisional Secretary, Karaitivu Division
12th June 2005

One of the complaints made by Mr. Ramakrishnan the Divisional Secretary was that
NGOs have been irresponsible and indiscriminate in handing out relief items and
this has created conflict amongst the tsunami affected. For example, LEEDS
International distributed 500 food passes to tsunami affected persons without
informing the Divisional Secretary. In another example, even though only 1,205
temporary shelters were required, 1,700 were built and many unaffected persons
were housed in them.

With regard to housing, Mr. Ramakrishnan said that there were 1,200 damaged
houses within the buffer zone and 1,287 damaged houses outside the buffer zone. Of
the 1,200 families who lost their houses within the buffer zone, ten own land on
which their houses will be built and a further ten are willing to be housed outside the
Karaitivu Division. Consequently, 1,180 families need to be housed within the
division. The biggest problem faced at present is finding suitable land for
reconstruction. The only available land at present is far in the interior, close to
Ampara town. The alternative is to fill up nearby paddy fields but the donors who
are constructing houses are reluctant to do so. Another problem is that a large land
area is flooded annually, especially the dhobi community in division 12.

A five acre plot of land belonging to a temple has been identified for the construction
of flats for 220 families.


Special Case in Addapalam, Ninthavur
12th June 2005

In Addapalam, the Nedum Surippu canal semi circles around a community and
flows to the sea. Six houses on Beach Road Addapalam are situated just outside the
buffer zone (205 metres from the coast) but the canal which flows behind them is
only 20 metres away. The six families appealed on the grounds that water came from
the canal and damaged their houses during the tsunami and the Divisional Secretary
accepted the appeal and included them on the housing beneficiary list. Subsequently,




                                                                                    41
some other persons complained to the DS consequent to which the DS reversed his
decision and struck the initial six families off the beneficiary list.

The six houses were subsequently assessed for damage and confirmed as partially
damaged. The families refused to accept the compensation money however, as they
hope to receive new houses elsewhere instead.

The matter is currently pending the decision of the GA of Ampara.


Visit to Rose Village IDP Camp, Addapalam, Ninthavur
12th June 2005

There are 30 families in Rose Village, of which 8 are the families of coconut estate
labourers. The camp was built by Goal with funding from USAID. There are eight
toilets in the camp, and all facilities are sufficient. The camp is well planned out and
the temporary shelters are cool and comfortable.

Addapalam complaint – Mr. K. Ailaspillai, one of those who complained against the
DS’s decision to include the above six families in the housing beneficiary list. Mr.
Ailaspillai a retired school principal said that they had no personal grudge against
those six families but simply complained because his and four other families were to
be struck off the beneficiary list in order to accommodate the inclusion of the other
six families.

The five families which complained lived within the buffer zone, and approximately
75 metres away from the canal. When the tsunami happened water came into their
houses from both the coast and the canal and they feel extremely insecure about
remaining there.

Housing issue – The Foundation for Co - Existence (FCE) and Sarvodaya has
purchased ten acres of land belonging to Muslims in a predominantly Tamil area.
They hope to construct 250 houses for Muslim tsunami affected persons from
Ninthavur which is about two km away. The Tamil people in the locality are
opposed to this development as Muslims will be relocated at their doorstep, and no
land has been found for them. FCE has proposed the compromise of accommodating
the thirty Tamil families from Rose Village in the new housing scheme along with the
other Muslim occupants.

The issue is complex however, as some of the Tamil locals do not oppose the
relocation of Muslims whilst others do. Furthermore, some Muslims are also
reluctant to be relocated in a predominantly Tamil area. Adding another dimension
to the problem, the DS has allegedly said that there is no provision for those who
have their private lands outside the DS division to have their permanent houses built
on such lands.

Mr. Seenithambi’s problem – Mr. Seenithambi’s house is located 210 metres from
the coast. Hence, it is outside the buffer zone and he is not entitled to receive a new
house. However, all the other families in his community lived within the buffer zone
and will be relocated. Mr. Seenithamby would consequently be isolated when all his



                                                                                       42
neighbours are relocated. He appealed to the DS to relocate him as well but the
appeal was rejected.


Meeting with Divisional Secretary, Thirukovul Division
12th June 2005

The Divisional Secretary of Thirukovil was met briefly and the complaints received
by the DRMU from the Division were taken up.


Meeting with Divisional Secretary, Akkaraipattu Division
12th June 2005

The Divisional Secretary of Akkaraipattu was met briefly and the complaints
received by the DRMU from the Division were taken up.

Special Case in Manalchenai, Komari
12th June 2005

The visit to Manalchenai was to follow up a serious complaint pertaining to the
exclusion of a small tsunami affected community in Manalchenai from all tsunami
related relief activities. The complaint was sent to the DRMU from the Citizens
Committee for Peace and National Harmony, Thambiluvil. According to this
complaint, a small community of about sixty families in Manalchenai (in the Komari
GS division under the Pottuvil Divisional Secretariat) which was affected by the
tsunami has not received any aid including weekly dry rations and temporary shelter.

The field visit verified the following: The area lies on the land bordering the two GS
divisions of Komari and Sangamankanda and has subsequently been subject to
neglect from both respective Grama Sevakas. Hence, the damaged houses have not
been assessed to date. The Komari GS had given the members of the community food
stamps upon the intervention of the Citizens Committee, but all families had not been
given the Rs. 5,000/- livelihood payment, and none of their houses had been assessed
for damage.

The Manalchenai community is an extremely poor agriculture based one. Their
houses are made of daub and wattle and the tsunami destroyed both their fields and
homes. For example, Mr. Shivananden lost 300 coconut trees to the tsunami. Some of
the houses are within the buffer zone whilst others are out of it.

The Divisional Secretary of Pottuvil has informed these people that they will not be
getting houses. The main reason for this problem it is observed is the unwillingness of
both the Pottuvil and Akkaraipattu DS’s to take on the matter as the area lies on the
border of both divisions.

Meeting with Mr. Jeevarajah of Save the Children, Akkaraipattu
13th June 2005
Mr. Jeevarajah of Save the Children Akkeraipattu informed the DRMU officers of
some of the main challenges faced in the area. According to him they were:



                                                                                    43
      Child labour has visibly increased after the tsunami.
      Increasing alcoholism especially of fathers is causing many social and family
       problems.
      There are many health issues which need to be addressed of which
       malnutrition poses one of the biggest threats.
      The uneven distribution of aid has led to many social conflicts.



Meeting with Mr. Shiham of CHA, Akkaraipattu
13th June 2005

Mr. Shiham of the CHA in Akkaraipattu also shared his views and experiences with
the DRMU officers.

Housing - The non-availability of land is one of the biggest problems faced with
regard to the construction of permanent shelters. Further complicating the issue is
the fact that temporary shelters have been built on lands which have been allocated
for the construction of permanent shelter. Therefore they must be brought down in
order to construct permanent houses. Thus, the occupants would once again be
stranded and there is also a problem in storing the materials.

The failure of NGOs and INGOs to construct the houses they have committed to on
schedule is also a huge problem. For example, the Lions Club had signed an MOU
for the construction of fifty houses but has only begun work on five.

Livelihood – With regard to livelihood and subsistence, Mr. Shiham pointed out that
the Government decision to stop the Rs. 5,000/- payment to all persons who had an
income including government servants was problematic, as people were destitute to
such an extent that they heavily depended on this money for their subsistence.

Administration – The lack of coordination between INGOs and the Government
sector was identified as a big problem. INGOs do not consult the DS or refer to
Government beneficiary lists (which are the most accurate) when handing out relief
items. Hence there is duplication of work as well as neglect of certain areas causing
much strife amongst the affected people.

Corruption and mismanagement – The Fisheries sector is apparently extremely
corrupt, and the selection of beneficiaries and the distribution of fishing gear is
heavily influenced and undermined by acts of bribery and corruption.

The NGO sector is also guilty of misusing funds. CARE and the FCE have both
constructed toilets in unsuitable locations without getting approval from the Public
Health Inspector. Furthermore, too many temporary shelters have been constructed
due to the haphazard and competitive manner in which construction was carried
out.




                                                                                      44
BATTICALOA


Meeting with Mr. Barthlot – HRC Regional Office Coordinator

11th June 2005

Mr. Barthlot, Coordinator of the HRC Regional Office in Batticaloa, briefed the
DRMU team on the prevalent situation in Batticaloa District with regard to tsunami
IDPs and reconstruction activities. As an area of concern, he highlighted the slow
progress in the construction of houses and also to logistical problems which had
arisen as a result of unsuitable sites being chosen for the construction of large
townships..

Visit to Zahira College IDP Camp
11th June 2005

The Zahira College Camp which was visited by the DRMU team in June was visited
again. Whilst there were 143 families in the camp before, only 25 remained as the rest
were relocated in the Thirainamadu township.

The residents of the camp were originally from Kalladai, Thirichandu in Manmunai
North. Their Grama Sevaka Division was 172 B. They claimed that they formerly lived
within the 200 metre Buffer Zone and alleged that they had been deliberately
discriminated against, and that they were victims of corruption and administrative
indifference.

Whilst all the other residents of the camp were relocated in Thirainamadu, these 25
families remain. They claim that they were struck off the housing beneficiary list by
the Grama Sevaka (Mr. Arunathan) and the Camp Leader who had included
unsuitable persons on the list at their expense. The residents said even families from
far off areas like Ampara and Welikanda were included on the beneficiary list.
Substantiating this allegation, the names of Ashokan (Welikanda), Naladevi
(Ampara) and Gnanasaundari (Thetativum) - all acquaintances of the Grama Sevaka
who were included on the beneficiary list were cited.

Further compounding their problem, the Divisional Secretary had allegedly told
them on the 10th of October that the Government would not be building houses for
them, and that they should buy their own land and begin construction themselves.
They were also informed that the Rs 5,000/- monthly allowance and the Rs 375/-
weekly endowments given to tsunami victims would only be given to those who
have been relocated in Thirainamadu, and hence, they would not be eligible.

The allegations against the Grama Sevaka are not limited to corruption and partiality.
His neglect of the occupants of the camp, which he visited only once a week at night
time, and has not visited since the majority of the occupants were relocated (on the
9th of October) was also a cause of concern. Furthermore, he has reportedly been
abusive of the occupants many times, and on one occasion he had abused an elderly




                                                                                    45
lady by the name of Theivalai in filth and thrown a clay pot at her – causing injury to
her head.

As a result of the non-relocation of these families, they have faced many other
unexpected problems. For example, Action Faim which supplied the camp with
water removed all the water pumps from the camp as they were under the
assumption that all the inhabitants had been relocated. This problem was resolved
within a few days upon notification to Action Faim that some families remained. It
was alleged that the Municipal Council clears the garbage from the camp only once a
month and the filthy state of a large drain running through the camp stood as
evidence to this stance. Furthermore, the temporary shelters themselves, which are
large corrugated iron sheds with no windows, are completely unsuitable to live in,
an observation that was made by the DRMU in its June report.

There are eleven children of school going age in the camp, who used to school in
Kallady, but do not go to school now.

The counter side to this problem is that there is currently no room in Thirainamadu
to accommodate these families. In fact, two of the families which were initially
relocated to Thirainamadu, were compelled to return as there were no houses for
them. This is both due to the relocation of unsuitable beneficiaries as well as the slow
progress in constructing houses.

Most of the inhabitants of the camp were from the poorest strata of society and were
either tenants or unauthorised inhabitants before the tsunami. This raises a technical
problem regarding the eligibility of tenants to receive houses under the current
Government policy. Nonetheless, the grievance of the inhabitants of this camp is
genuine. In fact, three security personnel vouched for the credibility of the story of
the camp dwellers and were willing to go public on the matter if necessary. They are:
     Police Constable Wimaladasa – 38670
     Sergeant Harendra – 406395 (mobile phone no. 0773 172806)
     EPRLF Cadre Sudhandran

Meeting with the Grama Niladhari of the Zahira College Camp IDPs
11th June 2005

The DRMU team felt it appropriate to speak to the Grama Niladhari for the area, Mr.
Arunathan, regarding the many accusations made against him.

Mr. Arunathan initially said that the residents of the camp had previously lived
outside the buffer zone, and were consequently not eligible to receive permanent
houses. He even claimed that they should not have received temporary shelter in the
first place, stating that Oxfam, which gave them the shelters acted wrongly by doing
so.

Mr. Arunathan denied allegations that he had included persons from outside his GN
Division in the beneficiary list, stating that all beneficiaries were from within the GN
Division.




                                                                                      46
With regard to the intended evacuation of the camp, he said that the Divisional
Secretary wanted all the inhabitants of the camp moved as the School needed to
function properly. However, he admitted that there was no provisional plan for the
accommodation of the inhabitants of the camp after evacuation.

When asked about the details of the families still living in the camo, Mr. Arunathan
was very vague and unsure as to the details. He first said that there were twenty
families, and then stated that there were thirteen, seven of which lived within the
buffer zone. He had no household list or any other information regarding the
families, and thus it was quite apparent, that other allegations apart, this was in the
least, a serious case of neglect on the part of the Grama Niladhari.

Meeting with representatives of NGOs at CHA
11th June 2005

One of the DRMU officers addressed a gathering of representatives of NGOs at the
CHA office in Batticaloa, after which they updated the DRMU officer on the current
situation in Batticaloa and raised some special concerns.

Site selection for permanent shelter – The NGO representatives were very critical of
the lack of procedure and consistency in selecting sites for relocation purposes. No
Environment Impact Assessment (EIA) has been carried out such land, and the EIA
procedure has been circulated only eight months after the tsunami occurred.

Furthermore, the UDA is heavily understaffed and ill-equipped, with no
infrastructure facilities. An engineer arrived at the UDA only in October, and no
planning unit has been set up. Furthermore, there has been no long-term planning
for development or disaster management.

The situation of the Thirainamadu township exemplifies the problem. Thirainamadu
is a low line area subject to annual flooding from November to March. In fact, the
existing residents of the area are annually relocated in schools during the flooding.
Consequently the entire 300 Acre land has to be raised by 2.75 metres at tremendous
cost. Initially, 1,900 houses were to be built in Thirainamadu, but this has been
reduced to 1,200 and it is predicted that it will be further reduced to 800 houses.

In Kattankudy, land has been filled with garbage and there are water problems in the
area.

As there is a shortage of gravel for roads in Navalady, the Forest Department has
authorised the digging up of forest areas for gravel. The damage to the environment
is immense and is mainly because the Department of Geological Survey is not
operational in Batticaloa.

Coordination and competition between NGOs – There is very little coordination
and co-operation between amongst NGOs and between NGOs and the Government
Sector. Local NGOs are suffering because members of their staff are joining INGOs
which pay better wages. Furthermore, the lack of cooperation between NGOs is also
taking its toll on the affected people. For example, the number of registered boats in
the District has more than doubled from 2,000 to 4,600 after the tsunami as a result of



                                                                                    47
the indiscriminate distribution of boats by NGOs. However, about 50% of affected
fishermen claim that they have not been given boats.

The poor quality of the temporary shelters built by INGOs is also problematic.
INGOs had previously built shelters for war IDPs which were not occupied because
they were unsuitably for the extremely hot conditions in Batticaloa. However, the
same model was used to build shelter for tsunami IDPs by organisations like the
UNHCR and UNICEF.

Administration – There are certain administrative shortcomings which are leading to
further problems.

Some people from Kattankudy DS Division have been relocated to Ariapattai DS
Division, but the Divisional Secretary of Ariyapattai does not consider them to be
affected persons. Similiarly in Manmunai North, there are families outside the buffer
zone for which NGOs are willing to houses. However, as they are living on State
land, the GA has not allowed this. Similarly with regard to Navalady, even though
the GA has stated that the residents can return, the people themselves are unaware of
this decision.

The lack of participation and consultation in decision making is one of the biggest
problems in the area. More emphasis must be laid on consulting people before
programmes are implemented.

Bribery within the administrative mechanism also remains a problem. It is common
knowledge that bribery is a routine occurrence in most tsunami related activities
from the assessment of damage to the inclusion on a beneficiary list. Apart from the
obvious injustice permeated through this, it has also resulted in social conflict and
tensions.

Inequity in development – The attention given to tsunami affected areas has
resulted in the speedy development of coastal areas whilst the interior remains
neglected. There are over 1,000 border villages in the district – primarily farming
communities – which live in abject poverty. Many farmers in the district have found
employment in the tsunami related cash for work programme. As a result, the
harvest has been very poor.

isit to Sigara IDP Camp
11th June 2005

There are sixty IDP families living in the Sigara Camp in Kovilkulam, Batticaloa. Of
the sixty families, eleven are from within the buffer zone and forty nine are from
outside the buffer zone. The temporary shelters have been built by Oxfam Australia
and Mesan – a local NGO.

The community had lived in Kovilkulam (where the camp is) since 1990. However,
in 1999 they were displaced to Kanthankudy where they were when the tsunami
struck. Having been displaced by the tsunami, they returned to Kovilkulam – where
they had their own lands - on the 10th of January 2005.




                                                                                      48
Before the tsunami, a local politician in Kovilkulam had begun construction on
houses for fifty of these families, and the foundations were complete. They have the
deeds for the land and temporary electricity and water is available. They are
currently living on these foundations, having erected temporary shelters on top of
them.

There are forty five children in the camp. They all schooled in kathankudy before the
tsunami. Now some school in Kovilkulam and others travel to school by bicycle to
kathankudy every day.

All the tsunami relief they are receiving is based in Kathankudy. They have to travel
there to receive their Rs 5,000/- grants as well as the weekly Rs. 375 cash and food
stamps.

These IDPs wish to resettle permanently in Kovilkulam as this is where their lands
are. However, the Kathankudy Divisional Secretary is refusing to allow this as
Kovilpuram is not in the kathankudy division. He is of the opinion that permanent
shelter must be constructed for these people in Kathankudy as they qualify to receive
compensation only if they build their houses in tsunami affected areas.




TRINCOMALEE


The DRMU team visited the Trincomalee District thrice within the first six months of
its operations. The field visits were conducted on the following dates:
      The 11th 23rd of March to the 24th of March 2005
      The 12th of May to the 15th of May 2005
      The 9th of June to the 12th of June 2005

The DRMU met with Government, LTTE, NGO, INGO and civil society
representatives. IDP camps were also visited.


Meeting with the Chief Secretary and the Secretary to the Governor, North East
Provinces
(23rd March 2005)

We met the Chief Secretary, Mr. Rangarajah and the Secretary to the Governor, North
East Provinces, Mr. Ganeshanathan before meeting the Government Agent of
Trincomalee in order to get an independent view of the situation.

 According to them, distribution of food and other relief packages are being carried
out in a satisfactory manner.


Meeting with the Government Agent Trincomalee
(24th March 2005)



                                                                                   49
Six out of nine Divisions of Trincomalee District (namely, Kinnya, Kuchchaveli,
Muttur, Seruwila, Town and Gravats and Verugal) were affected by the Tsunami.
According to the Government Agent Trincomalee, 99% of IDPs are getting
their relief package.

The GA was planning to complete 1000 Transitional Shelters on the 26th
March to commemorate three months after the disaster. He hoped to provide
a further 5966 Transitional Shelters before Sinhala and Tamil New Year.
Priority was to be given to the IDPs who are occupying schools as Welfare
Centres.

Committees inclusive of a Samurdhi manager, a Social Services officer, a
graduate trainee from the Local Government, clergy representatives from
each religion, the military officer in charge of the area and the Grama Sevaka
Niladhari were appointed to look into complaints made by the public
concerning Tsunami relief packages. The Committee is investigating all
complaints and final recommendations will be given to the GA for his
approval.

All Children living in Welfare Camps are attending schools and in the event
that such schools are being used as Welfare camps, additional huts have been
converted into temporary classrooms.


Meeting with Regional HRC Office
(24th March 2005)

We had a meeting with Mrs. Matthiyaparanam and Mr. Wijithan of the IDP
Unit of the Regional HRC Office in Trincomalee.

The complaint submitted by the Upparu Peoples Forum to the HRC -
concerning a land issue for 46 families – was discussed. This issue was taken
up with the GA Trincomalee in order to obtain suitable land for their
resettlement.


Meeting with the Divisional Secretary of Kinnya
(24th March 2005)

The general situation in Kinnya pertaining to supply of relief and assistance
provided to supply drinking water, sanitation, health sector, education and
protection given to Women and Children was discussed.


Meeting with Major. Hettiarachchi
(12th May 2005)



                                                                            50
Major. Hetiarachchi of the Gajaba Regiment briefed us on the security
situation within the area.

Meeting with the Officers at the Human Rights Commission Field Office
(12th May 2005)

The current situation of the tsunami-affected persons in Trincomalee District
was discussed.

IDP Camp, Selvanagar
(13th May 2005)

Selvanagar is situated within the Seruvila DS division. 107 families are housed
in the camp. There are 36 children. Their major means of income before the
tsunami was through fishing and related activities.

The INGO, ZOA was providing food to the IDPs in the camp, and the small
local based NGOs were providing them with necessary clothing. UNICEF
provided the IDPs with 3kg of flour per month. They have sufficient water
resources, as there is abundant supply of ground water. The IDPs however,
were not provided with a sufficient number of toilets and were compelled to
use the adjacent wilderness area.

A majority of the IDPs were engaged in participatory housing programmes
for which they were receiving a sum of Rs. 300 a day. One concern was that
there was uncertainty regarding the location of the permanent houses which
were yet to be constructed.

The IDPs had difficulties in receiving food stamps over the past four weeks.

Visiting IDP Camp in Naluur: (Muttur DS Division)
(13th May 2005)

The IDPs in this camp have not yet received transitional shelter. The Muttur
Bank did not have sufficient funds to give IDPs who had received a Rs.5000
cheque from the People’s Bank.

Meeting with Grama Niladhari of Alimnagar
(13th May 2005)

The purpose for this meeting was to clarify a story reported in a newspaper
which stated that non-tsunami victims in the area were receiving aid.
According to G.N, the basis on which aid was distributed was solely on the
loss of livelihood due to theTsunami. He said that persons who are qualified
for aid, but who were not added on to the aid list would be included in the list
after investigation. Another problem was that the supply of dry rations was



                                                                               51
insufficient to cater to IDP needs. As a solution to this crisis, the District
Secretary has said that well to do families that were affected by the tsunami,
should not be given aid.

Intersos IDP Camp, Muttur
(13th May 2005)

Some of the general concerns of the IDPs were that the item prices of dry
ration aid were not mentioned and the quantity of sugar was not sufficient.
Furthermore, ration aid was not distributed on a regular basis.

Meeting with Mr. N. Manivannan, Assistant Divisional Secretary, Muttur
(13th May 2005)

Allocating land for IDPs is the main issue in Muttur as there is no sufficient
state land. 451 Transitional Shelter has been completed but electricity is not
available. Another problem is that the toilet gullies were overflowing in many
camps.

The Permanent Shelter programme was yet to be started. Only Caritas had
signed a MoU with the government to construct permanent housing in
Muttur.
Army personnel do not allow the transport of some relief items and cement
(that is prohibited by the MoU) from the Kattiparichchna check point, unless
the vehicle carries a permit from the District Secretary. The process of getting
permits is slow, and this has hindered the progress of construction work.

IOM, ZOA, ACF and the Red Cross are working on providing livelihood
opportunities for tsunami affected persons in Muttur. (Fishing and
Agriculture)

VTC Camp, Muttur
(13th May 2005)

The IDPs in the VTC Camp are from Navalady. Conditions in the camp are
very poor. It is overpopulated and all the IDPs live in tents. There is no shade
in the camp, which is exposed to direct sunlight. EHED is in the process of
developing Transitional shelter for the IDPs, but they are unwilling to go to
the Shelters until the transport facilities to Navalady are restored.

Livelihood for widows is an issue. There are 16 such widows in the Camp.

Meeting at the District Secretariat, Trincomalee
(14th May 2005)

Allocation of land in Trincomalee is an issue as a result of limited availability
of Govt. land. Consequently, land for Transitional Shelter in Kinnya was yet


                                                                              52
to be finalized. There was a specific problem regarding the buffer zone in
relation to the lagoon area. In Town and Gravette there has been no proper
survey conducted by the Survey Department to mark the buffer zone.

Whilst Transitional Shelter was supposed to be completed by Mid June, the
progress made by NGOs is very low. Out of the 250 houses that CARE
undertook to build, only 25 have been completed. Furthermore, Intersos has
promised 479 houses. But has begun work on only 30.

Echalampattu, Seruvila and Muttur are facing problems in transporting
cement and other housing material. All lorries transporting such materials
must obtain permits from the District Secretary. Consequent to this delay,
masons do not stick on at construction sites but leave when they find work
elsewhere.

Construction on Permanent Shelters had begun in Kinniya and Kuchuweli.

Water supply in Trincomalee District as a whole is problematic, as the water
levels are reducing. Distributing water is also a problem as there is only one
bouser.

NGO Consortium Meeting at Community Hall, Trincomalee
(14th May 2005)

INGOs and local NGOs engaged in tsunami recovery activities participate in
meetings where English is used as the medium of conference. Therefore, the
representatives of local NGOs find it difficult contribute towards the decision
making process. Local based NGOs showed concern that Colombo based
NGOs are engaged in tsunami recovery activities and that there is poor
representation of local grassroots level NGOs.

IDP Camp, Anandapurai
(14th May 2005)

The IDP camp houses 75 families. The IDPs were once war refugees who
came back to Sri Lanka from India in1992.

There is a need for a regular gully bouncer as there is a large number of IDPs
and who use one toilet. Whilst the UNHCR was prepared to build temporary
shelter, the inhabitants in the camp are not prepared to move into such
shelter. This is because the proposed site to construct new houses is about
20km from the original village.

There was a complaint regarding the scarcity of milk powder and infant milk.
About 60 families engaged in fishing whilst the others were farmers.




                                                                            53
Visiting IDP Camp in Kuchchanveli
(14th May 2005)

75 families (267 individuals) live in this camp of which 111 were below the
age of 18 and 88 were school going. There were two functioning toilets that
belong to the school in close proximity and two more toilets were being
constructed.

The distribution of resources to IDPs was uneven as all families (regardless of
their size) received the same quantity of item. Most of the IDPs were farmers
and vegetable cultivators.

CARE has begun construction of 111 transitional houses. Only 3 families lived
beyond the buffer zone and they will thus be separated from the rest of the
community which will be relocated elsewhere.

Mrs. Nithyadas Suwanthi, 29 year old widow is living in this camp with her
father and son, is the widow Nithyadas Shanmuganathan, who was killed in
prison in Kalutara.

IDP Camp, Kallarawa – Kuchchaveli
(14th May 2005)

The IDPs are from an isolated, rural Sinhala fishing village. They were both
war IDPs as well as tsunami IDPs.

There are no proper transport facilities or postal facilities for the IDPs. There
is no electricity either. As there is no cooperative store nearby, the IDPs have
to walk for abour one and a half hours to receive their dry rations. They have
to pay a passing vehicle Rs. 50 – 100 to bring the rations back to the camp.

Although there are about 50 school going children in the camp, only 14
students attend school and only year 1 and 2 classes are functioning. There is
only one teacher, who does not come to school regularly.

The IDPs have to travel to either Pulmudai or Trincomalee to receive medical
attention. A Family Health Worker does not visit the village and children
have to be taken to the Health Centre, which is 8 miles away, on a monthly
basis.

There is no toilet in the camp and there is only one well. Many IDPs in the
village do not possess documentation (i.e., Identity Cards, Birth Certificates,
Marriage Certificates, etc.)
     Fishermen in the camp are having a legal problem with regard to the
       Madal Paduwa. This was owned and licensed to them till 1990s. They
       were subsequently displaced due to the war, after which a person



                                                                              54
       called Chuti Mudalali began fishing in this madal paduwa. Chuti
       Mudalali hs now filed legal action claiming ownership of the Madal
       Paduwa.

IDP Camp, Sadhamnagar – Pulmudai
(14th May 2005)

Only 31 families (21 Sinhala and 10 Muslim) in Pulmudai were directly affected by
the tsunami. While the Sinhala families are living in the camp, the Muslim families
are living with friends and relatives. Rajarata Kantha Foundation of Anurdhapura has
built transitional shelter for the IDPs and was in the process of building permanent
shelter for them in the same location.

The coast is two KM away from the Camp, and this is inconvenient for the IDPs wo
are all fisherfolk. The IDPs were unhappy with the Grama Niladhari who they feel
favours the Muslim community. They further alleged that he takes bribes from the
villagers in order to issue the tsunami stamp and the monthly allowance.

Meeting with the Grama Niladhari, Pulmudai
(14th May 2005)

The individual grievances of the IDP community were discussed with the GN. The
GN was of the view that all reconstruction and rehabilitation activities were
progressing smoothly in his division

Meeting with a businessman in Pulmudai
(14th May 2005)

He alleged that many of the persons who are not eligible for aid in Pulmudai were
receiving aid by providing false information. He further alleged that the GN took
bribes from the community in order to provide tsunami cards and the monthly
allowance.

IDP Camps, Kinnya (1)
(15th May 2005)

In Baridipuram, Faizalnagar, there is a land issue between Tamils and Muslims. 8
Acres of land had been sold to 40 families by Mr. Ramanathan in 1982. The
occupants were subsequently displaced due to the war. Consequently, Mr. Rada
Mohan, the son of Mr. Ramanathan sold the land to Muslims (1/4 acre per person).
Now both the Tamil persons and the Muslim persons are claiming the land. As a
result of this issue, the allocation of transitional shelter was yet to be addressed.



IDP Camps, Kinnya (2)
(14th May 2005)

The camp which is located in Faizalnagar, houses 79 Muslim families (341
individuals). They have undisturbed access to clean water through a water tank. Tents


                                                                                  55
have been provided by a Saudi Arabian NGO called “Al Sabab”, but no transitional
shelters have been constructed as of yet.


Meeting with the District Secretary, Trincomalee and the Resettlement Officer,
Ministry of RRR
(10th June 2005)

Mr. D.A.G. Rodrigo, District Secretary of Trincomalee briefed the DRMU team on
the current situation of post-tsunami activities. The issue of permission for
transporting building materials to uncleared areas like Kattaparichchan and
Mihindupura was addressed. Mr. Rodrigo said that all such activities were being
carried out in accordance with the MoU, and thus permission from the DS was
required. In this regard, NGOs are required to fill a form indicating the progress of
construction to be submitted to the DS, in order to obtain a permit.

In Pulmudai, the District Secretary has stopped building permanent houses for the
Sinhalese tsunami affected families as the Muslims in the village have shown
ownership to the land. A partially built house will be completed as a model house
while the other houses will be built on an adjacent land.

IDPs in the VTC Camp were refusing to move into their transitional shelter until a
ferry service is provided. The District Secretary had written to the Navy in this regard,
but the request was refused due to security reasons.

In Kinnya, many NGOs have come forward to build Transitional Shelter for persons
who are not affected by the tsunami, but who live in abject poverty.

UNHCR is objecting the government effort to build transitional shelter for war
affected IDPs who are currently living in Arasgardens. According to UNHCR, the
resettlement of war affected IDPs is their responsibility.

Meeting at the Divisional Secretariat, Kinniya
(10th June 2005)

The DRMU team met with Mr. A C M Mussil, the Additional Director, Planning and
Mr. Raizudeen, the Coordinator for Shelter in order to identify the progress of the
temporary and permanent shelter programmes and to verify a newspaper article.
According to the statistics, Kinniya boasts the best progress rate (53%) in constructing
transitional shelter in Trincomalee District. As at 07 06 2005, Oxfam, CARE, World
Vision and Shelter for Life have not been able to complete 50% of the transitional
shelters promised, whereas Sahanasewa, TRO, Kinniya Vision, OFFER, Thablehul
Ulama, Jamiyathul Ulma, IIRO, Jamthe Islami, Sewalanka have completed over 75%
of the promised transitional shelter. The organisation named TYDUP was asked to
stop all their activities as they hade not constructed a single transitional shelter.

There is an urgent need for water bowsers in Kinniya. There was further concern
regarding a shortage of Grama Niladharis.

Meeting with the NGO Consortium


                                                                                      56
(10th June 2005)

The DRMU team met with Mr. R.N.J. Thangarajah, Project Officer, Mrs.
Thambipillai, Administrative Officer and Mr. P. Kandaswamy, Secretary of
Trincomalee District Development Organization to discuss possibilities of obtaining
the support of the NGO Consortium, Trincomalee in achieving the mandate of DRMU
in monitoring the human rights aspects of post-tsunami activities.


IDP camp, Kuba Nagar
(10th June 2005)

There are 148 families in the camp but only four toilets. 47 transitional shelters have
been constructed by TRO with financial inputs from Norway.

Meeting at UNHCR, Trincomalee
(10th June 2005)

Ms. Breeda and Mr. Clifford Speck of the UNHCR discussed the Post-tsunami relief
and reconstruction activities in Trincomalee in general and the issue of Alasgarden
IDPs in particular with the DRMU team. According to the UNHCR Officers, they do
not object to Government resettlement plans, but are insisting on permanent housing,
instead of transitional shelter for the Alasgarden IDPs (who have been living in
transitional shelters for past 20 years.) The UNHCR feels that if they are given the
mandate to handle the Alasgarden IDPs, they would be in a position to coordinate
their permanent resettlement.

IDP camp, Alankerny
(10th June 2005)

82 Tamil families (450 persons) are living in transitional shelter provided by the TRO.
Action Faim has constructed toilets and a large well with separate washing areas as
the water in local wells have been contaminated with saline water. These IDPs are
happy with the Grama Niladhari, who is a Muslim. This is a good sign when
considering the fact that the people in the camp have been displaced thrice during the
past 15 years, firstly due to war in 1990, secondly due to ethnic problem between the
Muslim and Tamils in area in 2003 and thirdly due to Tsunami in 2004. The IDPs are
uncertain about their future and the permanent shelter that they are going to be
provided with.

Meeting with Ms. Dharshani of Action Faim
(10th June 2005)

Action Faim has engaged in water and sanitation programmes through providing toilet
facilities and increasing availability of clean drinking water, and livelihood
programmes through providing fishing gear and boats and initiating self employment
schemes.

IDP camp, Munaichanai
(10th June 2005)


                                                                                    57
51 families (204 individuals) live in this camp. The majority are fisher folk and
farmers and a few were engaged in trade or were self employed. 51 families are using
6 toilets. Even though the water line is about 200 meters away from the camp water is
supplied via bowser and is not sufficient to meet their requirements. Islamic
International Relief Organisation (IIRO) has built the transitional shelter in the camp
and has pledged to construct permanent shelter.

A Spanish organisation named Medicos Del Mundo (Doctors of the World) has
conducted a training programme for health volunteers involving the IDPs in camps.
There are 48 schooling children who have to travel about one and half miles to school.

Meeting with Mr. Sudan, Social Service Officer of Kuchaveli Divisional Secretariat
(10th June 2005)

The visit to the Kuchaveli Divisional Secretariat was made to investigate complaints
received regarding the withholding of aid to tsunami victims in Asirimale and the
difficulties faced by villagers in Kallarawa regarding the distance they travel to the
Cooperative. Mr. Sudan requested the DRMU to meet the Divisional Secretary
regarding these matters.

Meeting with “Medicos Del Mundo”
(10th June 2005)

This Spanish organisation is active within the Trincomalee district and is popular
among the IDPs. They are engaged in mental health development, the establishing of
dispensaries, distribution of mosquito nets and providing training on hygiene and
public health

IDP Consultation at Jayanagar, Kuchaveli
(10th June 2005)

In Jayanagar, many persons who are from different areas have been given Transitional
Shelter while many others are still living in tents. We received a list of 34 persons
who had received transitional shelter although they don’t belong to this GN Division.

Narasinghamale Camp, Kuchaveli
(10th June 2005)

Two women were facing problems related to their health conditions after the tsunami.
They were complaining of body aches, loss of appetite and change of their appearance
after tsunami. The children had skin rashes.

Neighbouring villages to tsunami affected villages in Seruwila
(11th June 2005)

Those consulted were war affected IDPs living adjacent to Tsunami affected
communities. Their grievance was that all Govt. and NGO aid was being distributed
to Tsunami IDPs and that even the Government allocated aid which they were
receiving before the tsunami, was not being given to them after the tsunami.



                                                                                     58
IDP Camp (1), Poonagar – Echalampattu
(11th June 2005)

12 families (47 individuals) live in temporary shelter (tents). They have been
promised transitional shelter by July, land for which has already been allocated. An
NGO by the name of NRC will be constructing the transitional shelter. The camp has
two toilets and one well, which was constructed by the TRO. The Social Services
Department provided the camp with water tanks. The IDPs have to travel a long
distance to their village of origin, to obtain rations. Public Health officials visit the
camp regularly for medical inspection and refer patients that need specialized
treatment.

IDP Camp (2), Poonagar – Echalampattu
(11th June 2005)

There are 82 families in the camp from the Verugal Mugathuva village (Verugal GN
Division) 68 of which are also war IDPs. The ICRC has supplied tents and
constructed two toilets for the camp. A NGO named NRC has pledged to construct
permanent shelter for the IDPs. The galvanized roofing sheets that the IDPs have
received for housing purposes are not resilient to strong winds.

Suranagar Camp Echalampattu
(11th June 2005)

325 people live in this welfare centre which is maintained by Virutham People’s
Development Organization and NRC. An organisation named DRC has pledged to
construct transitional shelter and permanent shelter for the IDPs. Oxfam has provided
the people with water and sanitation facilities.

Meeting Mr. Chelvanayagam, Divisional Secretary of Kuchiveli
(11th June 2005)

Mr. Chelvanayagam has called for explanations regarding persons who are not
receiving aid in Arisimale. He stated he would submit a report on the situation to the
DRMU within one week. He was further requested to investigate the allegation that
those not entitled to relief (as they are not residents of Jayangar) were receiving aid
from the GN, and to report to the DRMU within two weeks. He further committed to
investigate and report regarding ‘Madal Paduwa’ issue in Kallarawa.

According to Mr. Chelvanayagam, there are no sufficient facilities in the Divisional
Secretariat of Kuchchaveli. (No electricity, shortage of staff, no proper transport
facilities, etc.)


JAFFNA


The DRMU team visited the Jaffna District twice within the first six months of
its operations. The field visits were conducted on the following dates:


                                                                                      59
      The 7th to the 8th of April 2005
      The 26th to the 27th of June 2005

The DRMU met with Government, LTTE, NGO, INGO and civil society
representatives. IDP camps were also visited.


Discussion with Fr. Bernard
(7th April 2005)

Fr. Bernard was appreciative of the fact that the LTTE, Security forces and
civil society had worked together after the Tsunami, to provide necessary
assistance to the Tsunami victims. The INGOs such as FORUT, Save the
Children UK, ICRC and UNICEF – with their superior capacities and
manpower were in the forefront of the relief effort.

A unique factor about Jaffna is that the many actors in the field had past
experience working with Conflict affected IDPs. Thus, in a short period of
time they managed to train volunteer Counsellors under the guidance of Dr.
Daya Somasundaram.

Meeting with Mr. E.S. Elamparuthy (LTTE Political wing leader, Jaffna
District)
(7th April 2005)

Mr. Elamparuthy was confident that Government relief work is being carried
out successfully, with the help of Planning and Development Secretariat of
LTTE, Civil Society, Local NGOs, INGOs and the Government Agent.

Whilst Transitional Shelter has being provided to all affected families, the
TRO has undertaken to build kitchens for each Shelter.

Mr. Elamparuthy stressed that the most important issue to be addressed is
that of livelihood, particularly the livelihood of fishermen.

Meeting with the Council of Non-Government Organizations
(7th April 2005)

The following were present at this meeting:
   1. Mr. P. Wigneswaran, President
   2. Mr. Sri Shakthaivel, Non-Violent Group Direct Action
   3. Mr. S. Sothinanthan, Administrative Officer
   4. Mr. G. Arrulanandan, Human Development Centre
   5. Mr. G. Saren, The Refugees Rehabilitation Organization
   6. Mr. V. S. Neranjan, Institute of /human Rights
   7. Mr. M. Kadirgamathamby, TRO



                                                                         60
   8. Mr. S. Niruththan, TRO
   9. Mr. A.K. Sivasubramanium, Sarvodhaya

According to this group, it is they who pay attention to most of the social
aspects of the IDPs lives. They were confident that there was no
discrimination or sexual abuse whatsoever.

Schooling is a concern which is being addressed with much urgency. They are
working very closely with INGOs in this regard. The CHA has provided
tables and chairs to these schools.

There is also a focus on livelihood programmes. In order to overcome
livelihood problems, they hope to train women in various self employment
projects.

Discussion with Mrs. Saroja Sivachandram
(7th April 2005)

Mrs. Sivachandram has conducted a survey of 200 of the most badly affected
families. Accordingly, there are three categories of IDPs in Welfare Centres.
       1. Most Affected (Houses fully damaged)
       2. People who suffered from sea water intrusion
       3. People who ran away due to fear
The survey further reveals that there were no cases of rape or sexual abuse in
the area.

Mrs. Sivachandrams biggest concern is that families, which have lost all
means of income generation, have now been rendered helpless. She feels the
Government must provide income generation projects to alleviate the
situation of these families.

Meeting with Mr. Agroon of the UNHCR
(7th April 2005)

The UNHCR is working very closely with the Government, LTTE, Local
NGOs and other INGOs in all post Tsunami operations. The UNHCR meets
with the officials of Fisheries sector, Housing, Roads, Water supply,
Education and Livelihood support on a fortnightly basis. It also meets with
officers responsible for Relief and Temporary Shelter on a weekly basis.

The UNHCR has appointed organizations to be responsible for various
sectors including:
        Cleaning of wells
        Shelter
        Pre-school
        Sanitation



                                                                           61
         Health clinic


Meeting with the Government Agent Mr. Ganesh
(7th April 2005)

According to Mr. Ganesh, the Government relief mechanism is functioning
smoothly. There are no more Welfare Centers in the Jaffna District and all
Tsunami IDPs have been relocated to transitional Shelter. Mr. Ganesh
attributes this successful implementation due to the construction of a plan in
consultation with the community leaders, UN agencies, LTTE Political wing,
Security Forces, Donors and Civil Administration.

In Wadamarachchi North 2300 families within the 200M buffer zone are not
willing to move due to following reasons.
       1. They have been living there for many generations
       2. They have been living in close proximity to main towns like Point
           Pedro and Velvetithurai.
       3. If they are relocated from their present homes, they will be
           compelled to live with the farmer community.
       4. There is no suitable land elsewhere.

Field visits to Manalkadu
(8th April 2005)

The DRMU team visited Transitional Shelters at Kudaththane. There were 220
shelters, one shelter for each family. There is one well for 20 families, one
toilet for 10 families and separate toilets and bathing places for ladies.

The Manalkadu Roman Catholic Mixed School was severely damaged and is
now functioning in a temporary shed provided by UNICEF. There are 234
students with 14 teachers of which 4 are female teachers. Unfortunately there
are no toilets in the makeshift school premises. UNHCR committed to
providing toilet facilities immediately.


Post Tsunami Rehabilitation Reconstruction Programme Implementation
Review - Jaffna District
(27th June 2005)

Introduction

The meeting was convened in order to find solutions to certain issues which
were impeding the post tsunami relief and rehabilitation effort in the Jaffna
District.

The meeting was chaired by Mr. Mano Tittawela – Chairman of TAFREN.


                                                                           62
Those present included:
      Mr. K. Ganesh – the GA of Jaffna District
      Mr. Lionel Fernando – Chairman of DRMU
      Mr. Y.K. de Silva – Consultant of DRMU
      The Divisional Secretaries of Point Pedro, Maruthankerny, Sandilipay,
      Kayts and Karaveddy
      The AGAs I & II, Chief Accountant, DRRS Project Director, NEHRP
      Deputy Project Director and Engineer of the Jaffna Kachcheri
      The Regional Manager of the Kannathiddy Peoples Bank
      The AGM of the Jaffna Bank of Ceylon
      Representatives of various Various Govt. Departments
      Representatives of various NGOs and INGOs.


Issues identified by Jaffna GA for decisions

Mr Ganesh, the GA of Jaffna made a presentation identifying the following
issues to be addressed by the gathering:

Housing
  1. He queried as to whether tsunami victims who had been provided
     with houses by donors, would be eligible to receive the Housing Grant
     of Rs. 250,000/-.Mr. Tittawela said that any organisation which was
     building on behalf of such victims, or any victims who had spent on
     the reconstruction of their houses who declared so by the 31st of July,
     would be reimbursed with the Rs. 250,000/-.
  2. With regard to the question as to whether there were plans available
     for houses in tsunami/ cyclone zones, Mtr. Tittawela said that the
     UDA, the NBRO and NHDA would have the plans available by the 4th
     of July.
  3. The Issue of granting permission for willing donors to reconstruct the
     houses of conflict affected persons along with those of Tsunami
     affected persons was raised. Mr. Tittawela stated that any donors who
     wish to also reconstruct houses for conflict and poverty affected
     persons should be encouraged.
  4. A main reason for post Tsunami reconstruction work falling behind
     schedule, was the limited capacity of Govt. Depts. Specifically the town
     planning of Chavakachcheri, Point Pedro, Valvettithurai and
     Marunthankerny needed to be completed. Mr. Tittawela responded by
     saying that the Treasury would finance the capacity building
     programmes of the Govt. Sector. With regard to Town Planning, he
     stated that the Action Point by Mr. Gemunu Silva of Town and
     Country Development. Would be ready by the 1st of July.
  5. There is a shortage in the supply of timber and tiles. Mr. Tittawela said
     that they were looking into the possibility of waiving the duty and
     importing timber through the State Timber Corporation.



                                                                           63
Repairs to damaged roads - Mr. Ganesh identified many roads, which need
urgent repair. Their repair is essential to facilitate the reconstruction process.

Coast Conservation Dept. - The Coast Conservation Dept. is not functioning
in the Jaffna District. The GA requested the Dept. to open an office in Jaffna
but received no response.

Fisheries Dept. - The Fisheries Dept. has been requested to provide a full time
Marine Engineer to expedite repairs to three and a half ton boats in the Jaffna
District. However, there has been no response to this request.

Multi Purpose Co-operatives - Multi Purpose Co-operatives in Point Pedro,
Maruthankerny and Vadamaradchy East have lost assets (buildings and
stock) worth a total of Rs. 41.88 million. They have requested advances of Rs.
5 million and Rs. 1 million, to help them get their affairs back on track. Mr.
Tittawela said that after conducting a needs assessment, the matter would be
resolved.

Facilities for officers - There is a shortage of office equipment (computers
and photocopy machines) and vehicles for Govt. servants. Mr. Tittawela said
that each District Secretary has been requested to make requests for such
facilities, and upon receiving all requests, the Treasury would process them
and release the funds for them to be purchased.

Personnel at the THRU office - There are vacancies to be filled in the THUR
District office and Divisional Offices of Point Pedro and Maruthankerny.

Requirement of allocation and imprest - The total allocation requested for
post tsunami relief expenditure has been Rs. 381.6 million. Of this, only Rs.
230.5 million has been received, and the remaining Rs. 151.1 Million is
required. Mr. Tittawela said that he would submit this request to the
Treasury.

Other issues for discussion

Housing - The issue of the buffer zone in areas with unique geographical
features such as Valvettithurai and Marunthankerny was discussed. Mr.
Tittawela said that a new set of guidelines detailing the necessary exemptions
to the buffer zone would be made available in the 1st week of July.

Cleaning up of contaminated wells was progressing well, with 1469 wells
having been cleaned to date.

Fishing - There were 3,000 boats to be repaired by the Fisheries Dept. 802
boats have been supplied. Donors have shown a willingness to replace the



                                                                               64
destroyed multi day boats and the UNDP will look into the possibility of
supplying fishing equipment.

Disaster Relief Monitoring Unit, Human Rights Commission of Sri Lanka
and Consortium of Humanitarian Agencies - Workshop and Consultation
on Tsunami Assessment
(27th June 2005)

Introduction

This workshop was conducted for the District Secretaries, Divisional
Secretaries and other officers of the Jaffna, Mullaitivu and Killinochchi
Districts.

The Meeting was chaired by Mr. Lionel Fernando – Chairman of the DRMU
The following were present at the meeting:
       Emelda Sukumar                   -   Mullaitivu
       K.G. Channa Sanjaya Thalis       -   CHA
       N. Vethanayahan                  -   AGA Killinochchi
       V. Sri Skandavel                 -   PD DRRS/ DM THRU
       M. Sri Skandakumar               -   AGA Poonakary
       Sulo Jane                        -   AGA Karachchi
       R.T. Jeyaselan                   -   AGA Marullaky
       A. Sothinajhan                   -   AGA Maritimepattu
       S. Sathiyaseelan                 -   AGA Kandawalai
       S. Sivasri                       -   AGA Pachchilevpalli
       U. Baanu
       R. Varatheeswaran                -   DS Point Pedro
       Dilrukshi Fonseka                -   Project Officer, UNDP
       V. Sathiaseelan                  -   APD, Tsunami Information
       Unit
       Y.K.H. de Silva                  -   DRMU

The prevailing situations in Mullaitivu and Killinochchi were discussed in
detail.

Mullaitivu

Housing - A total of 5,457 houses need to be reconstructed in Mullaitivu. Of
these 2,022 beyond the Buffer Zone were fully destroyed and 423 beyond the
Buffer Zone were partially damaged. A further 3,012 were within the Buffer
Zone and are to be relocated. 17 locations (15 private lands and 2 State lands)
have been identified and approved for the relocation. Most of the displaced
families within the Buffer Zone do not want transitional shelters to be
constructed for them but want the construction of permanent shelter to
commence immediately instead.



                                                                            65
Fishing - 3,500 boats were destroyed by the Tsunami. Of these, only 300 have
been provided so far, by the TRO and CARITAS.

Issuance of Death Certificates - 3,390 persons died because of the Tsunami.
Death Certificates have been issued for all.

Subsistence - Dry Ration Cards had been issued for the month of May and
the officers have begun the process of issuing cards for June. Only two
instalments of the Rs. 5,000/- payment for loss of livelihood have been paid.
Those present were informed that TAFREN had made instructions for the two
State Banks to finalise payment of the third instalment by the 4th of July.

Health and Sanitation - The health situation in Mullaitivu is satisfactory. The
mobile medical clinic was commended for its valuable service in the area. A
sufficient number of water bowsers were operational in the area and two
gully bowsers had also been received. Debris clearance was progressing
steadily, with approximately 38% of the debris having been cleared to date.

Education - Three schools have been destroyed completely. Two State lands
have been identified to build two of these schools and UNICEF has
commenced work in this regard. A private land is to be acquired for the
construction of the third school.

Govt. Institutions & Infrastructure - 25 Govt. Institutions were fully
damaged by the Tsunami. Many roads were badly damaged due to the
Tsunami and need repair. The RDA and Local Govt have been informed
regarding the situation. The UDA is to draw up a town plan for the
reconstruction of Mullaitivu. Twenty one generators (10 KV) have been
provided to cope with the electricity shortage in the region.

Killinochchi

Housing - 2,789 houses have been destroyed by the Tsunami. Of these, 1,539
were within the Buffer Zone and State land has been identified for their
relocation. A majority of those displaced within the Buffer Zone are currently
living with friends and relatives and do not want temporary shelters to be
constructed for them. They want the permanent shelters to be built
immediately instead. 3,096 houses have been fully destroyed and 481 have
been partially damaged due to the ethnic conflict. Of these, 361 houses for war
IDPs are also to be reconstructed. 9 NGOs have been identified to carry out
the above reconstruction work.

The DS of Pallai stated that there are 186 houses which need to be constructed
in the division.




                                                                            66
Education - There is a 50% shortage of teachers in the region which needs to
be addressed. There is currently a temporary school in the Kallaru Camp and
UNICEF is hoping to build a new school there.

Health and Sanitation - Whilst the health officials are coping as best as they
can, there is a shortage of medical officers that needs to be addressed. There
are currently 95 medical staff in Killinochchi, and a further 25 vacancies to be
filled.

Infrastructure - The UDA is understaffed at present and this is hampering the
town planning process in Killinochchi. In this regard, the participants were
informed that each GA has been empowered to employ the necessary
personnel to fill vacancies in Govt. departments.
Two generators were requested and have been allocated for Killinochchi.
A water supply scheme has been proposed for Killinochchi District. The
proposal has been submitted to the Water Supply and Drainage Board.

Subsistence - As in Mullaitivu, only 2 livelihood instalments of Rs. 5,000/-
have been paid. Those present were informed that TAFREN had made
instructions for the two State Banks to finalise payment of the third instalment
by the 4th of July.

Fishing - Whilst 2,000 boats are needed for the Manidanayam area, only 26
boats have been provided to date. Another problem regarding fishing is that
many jetties have been destroyed due to the conflict and need to be
reconstructed.




                                                                             67
Monitoring through Surveys

We have been periodically distributing questionnaires to Divisional and
District Secretaries, requesting particular data on Tsunami affected people in
their respective Divisions and Districts. Additionally, we have requested all
NGOs and INGOs working on post-tsunami relief, rehabilitation and
reconstruction activities to submit details (including budget particulars) of all
programs and activities conducted by them. Data gathered through the
Government Officers and NGOs are used as a base in monitoring relief
activities conducted.




Public Consultations

DRMU – INFORM Southern Province Consultation

DRMU, in partnership with INFORM organized a 2 day Public Consultation
for Tsunami Affected Persons, NGOs/ INGOs and Government Officials in
the Southern Province at the Galle District Secretariat to discuss on Post-
tsunami issues of the Province.


DRMU- CUCEC Consultations

Currently DRMU in partnership with Colombo University Community
Extension Centre (CUCEC) and UNDP is in the process of organizing
comprehensive Consultations with the affected persons and Government and
NGO officials in all affected GN Divisions. The Objectives of this Consultation
process include, gaining the views and the inputs of the affected persons in
the process of decision-making.
(DRMU – CUCEC Concept Paper is herewith annexed)




Addressing Individual Complaints

When DRMU receives a complaint, the complaint is entered in to our
database, based on the District and the nature of the complaint. If it is a
general complaint, based on ignorance of the prevailing situation, we send
them a letter, creating awareness of available mechanisms and the due
compensation.



                                                                              68
If it is a specific issue, we write to the relevant authorities (i.e., GN Offices,
Divisional Secretaries, District Secretaries, etc) asking for explanation or
requesting investigation. Some cases, based on priority, are followed-up in the
field by our field officers. Institute of Human Rights has allocated a Lawyer
to work with DRMU in following-up cases.

If the complaint is a policy level issue, we write or speak to the relevant
authorities regarding possible policy changes.

COMPLAINTS DATABASE




GRAMA NILADHARI(GN) MEETINGS TO ADDRESS INDIVIDUAL
COMPLAINTS

As a result of the awareness-raising programme on Government entitlements,
DRMU of the HRC is receiving a humungous number of complaints.
Therefore, the DRMU planned to approach the Grama Niladharis direct in the
form of a workshop in order to discuss and thereby to address the problems
that Tsunami victims have raised.

The GN Meetings are conducted at Divisional Secretariats, with the
collaboration of the respective Divisional Secretaries. DRMU requests the
Divisional Secretary to call all the Grama Niladharis of the Division, who are
working in Tsunami affected villages for a meeting conducted by the DRMU.
Two to three Officers of the DRMU conduct the meeting.

The first stage of the Meeting is to discuss the current policies regarding
Tsunami affected IDPs and issues in implementing the Government policies.
The second stage focuses on getting responses from the Grama Niladharis to
the complaints received. The DRMU Officials discusses about each individual
complain with the respective Grama Niladhari and requests them to respond
to each individual complain within two weeks.

DRMU feel that discussing complaints through GN Meetings is a very
efficient method to handle individual complaints. Most of the Grama
Niladharis have been very efficient in responding to the complaints.
Contacting the Grama Niladharis who become absent for the GN Meeting and
getting responses for the complaints has become a tedious process.

When DRMU receive the Grama Niladhari response, we write to the
complainant informing the response of the Grama Niladhari. If the
complainant is not satisfied, we request him/her to write back to us. If a


                                                                               69
complainant write back, we treat such cases as special cases. Also, if our legal
officers are not satisfied with the Grama Niladhari response, such cases are
also treated as special cases.

Grama Niladhari Meetings conducted to date are-


HANDLING SPECIAL COMPLAINTS

Complaints are categorized by the DRMU staff and then are directed to the
relevant Government Officials and Authorities such as the regional fisheries
cooperative and the RADA Livelihood Division. Once the complaints are
screened according to the issue, they are further categorized under the
District, the Divisional Secretariat Division and the Grama Niladhari Division.
If the complainants are not satisfied with the Grama Niladhari response given
after the GN Meetings (See Grama Niladhari Meetings) they are requested to
write to the DRMU Office.

The complaints are categorized as Special Complaints 1) if the Complainant is
unsatisfied with the GN response, 2) if the reports produced by the Grama
Niladharis and issues raised by the complainants are contradictory on
superimposition.

If there is no response from the complainants, after writing to them about the
GN response or if the DRMU Officials doesn’t find any contradiction between
the GN response and the individual complaint, such complaints are
considered closed.


When addressing special complaints,
  1. The DRMU staff visits the houses of and discusses the nature of the
     complain.

   2. If necessary, visit relevant authorities, i.e., Technical Officers,
      Sammudhri Authorities, Divisional level THRU or TAFREN Officers,
      Divisional Secretary, Host Community, Civil Society Organizations,
      Police, Donor Organizations, etc. to discuss about the relevant case.

   3. Based on the response DRMU write a report with recommendations
      and forward it to relevant Authorities (i.e, Divisional Secretary, Grama
      Niladhari, TAFREN) with a copy to the complainant.

   4. In cases where policy alterations are necessary, DRMU advocates for
      policy alternatives through conducting meetings with relevant
      authorities or by writing to them. (i.e., to appoint a new technical




                                                                             70
      committee to re-assess the damaged houses, promote equal treatment
      between war affected and tsunami affected IDPs, etc)


Some Examples of Disaster Relief Monitoring Unit Field Reports on
Special Complaints are as follows,


IN BALAPITIYA DS DIVISION, GALLE FOUR GRAVATS DS DIVISION
AND WELIGAMA DS DIVISION

5th – 7th November 2005

Mr. Asitha Punchihewa and Ms. Nirekha De Silva conducted Field
Investigations regarding complaints received from Balapitiya DS Division,
Galle Four Gravats DS Division and Weligama DS Division from 5th to 7th
November 2005. Findings of the DRMU are as follows-

1. GALLE DISTRICT, BALAPITIYA DS DIVISION

Welithara

#    Name             Address            Complaint       DRMU Findings

1    A.K. M. Lareef   194, Galle Road,   House –         Still not receiving aid.
                      Welithara GN       partially       According to the GN, he
                      Division,          damaged,        has appealed and is
                      Balapitiya         Rs.5000         awaiting the response of
                                                         the DAT.

2    Sitthi           194, Galle Road,   Not receiving   Is requesting a DAT to re-
     Abbasiya         Welithara GN       Housing         assess the house.
                      Division,          Compensation
                      Balapitiya                         About 15 houses in
                                                         Welithara, located
                                                         towards the landside of the
                                                         Galle road are not
                                                         receiving housing
                                                         compensation, although
                                                         water has come up to
                                                         about 3 feet.

3    M. J. M. Siraj   188, Galle Road,   House –         Still not receiving aid.
                      Welithara GN       partially       According to the GN, he
                      Division,          damaged,        has not appealed.
                      Balapitiya         Rs.5000



                                                                        71
4     GN –           GN -22          DRMU Still has   Has sent all information
      Mohamed        Welithara       not received     requested, through the
      Harindra Ali   Division,       Welithara GN     Divisional Secretary of
                     Balapitiya      Division         Balapitiya
                                     Responses

Hegalle/ Piyagama

#     Name           Address         Complaint        DRMU Findings

1     S.A.K.         Hegalle,        Not receiving    Have received the 1st
      Amarasekera    Piyagama,       Housing          installment of housing
                     Balapitiya      Compensation     compensation (Rs.50,000).
                                                      They are awaiting the 2nd
                                                      installment. DAT has
                                                      investigated on the
                                                      progress of housing
                                                      reconstruction.

                                                      Mr. Amarasekera is the
                                                      Station Master. He is not
                                                      receiving Rs. 5000
                                                      allowance. He is
                                                      requesting the
                                                      Government to reconsider
                                                      paying Rs. 5000 to the
                                                      Government Officials
                                                      affected by the Tsunami.

2     Neelawasam     No 159, Hegalle, Not receiving   Have received the 1st
      Chithrani      Piyagama,        Tsunami Aid     installment of housing
                     Kosgoda          and Housing     compensation (Rs.50,000).
                                      Compensation
                                                      GN has informed that he
                                                      will make payments of
                                                      Rs.5000 for the 3rd and 4th
                                                      installments.


89, Balapitiya

#     Name           Address         Complaint        DRMU Findings

1     Chandrasena    40/8,           House and        Problem already solved
      De Silva       Gunananda       Rs.5000
                     Mawatha,


                                                                      72
                   Balapitiya
2    Colvin Mendis 1/50,                 Not Receiving      Should educate him
                   Gunananda             the 3rd            regarding available loan
                   Mawatha,              installment of     schemes.
                   Mohittiwatta,         Rs.5000
                   Balapitiya



D 21, Galmangoda

#   Name              Address            Complaint          DRMU Findings

1   By Villagers of   Galmangoda,        Against Dehinga    False Petition. The house
    Galmangoda        Balapitiya         Wijesena and       owners have photos of the
                                         GN by villages     completely damaged
                                         regarding          house and the DAT has
                                         receiving full     recommended Rs.250,000.
                                         housing            The house is located near
                                         compensation       the lagoon. The lagoon
                                                            overflows for the slightest
                                                            rain.
2   Gnanasiri De      72/5, Near         Housing and        Could not locate the house
    Silva             People’s Bank,     Rs.5000
                      Balapitiya
3   By Villagers      Galmangoda,        Against GN         Discussed the petition
                      Balapitiya         misappropriation   with the petitioners.
                                         of Tsunami         Petitioners are very
                                         funds              frustrated about the acts
                                                            of the GN.

4   Obinamuni         112, Galle Road,   Not receiving      Do not receive partially
    Wijepala De       Galmangoda,        Housing            damaged compensation.
    Silva             Balapitiya         Compensation       He even has a letter from
                                                            GN informing his house is
                                                            partially damaged.

5   Wijemuni          110, Galle Road,   Not receiving      House has been partially
    Premawathie       Galmangoda,        Housing            damaged. Yet, do not
    De Silva          Balapitiya         Compensation       receive partially damaged
                                                            compensation.




                                                                           73
20 B, Brahmanna Watta South

#    Name           Address            Complaint      DRMU Findings

1    Amarawathi     68, Galle Road,    House is       Problem has been
     De Silva       Brahmanna Watta    partially      resolved.
                    South GN           Damage
                    Division
2    Shanthi        46, Galle Road,    Food Stamps,   GN is discriminating
     Appuhewa,      Balapitiya         Compensation   against all activities.
     Shanthaweera                      (Rs.5000/-,
     De Silva                          Housing)
3    Pathma         94, Mahaweediya,   Housing        GN has a personal
     Surangani      Balapitiya                        grudge. When the GN
     Senanayake                                       has opposed to take
                                                      action, he has reported to
                                                      the Divisional Secretary,
                                                      then to the Minister and
                                                      many Authorities
                                                      including DRMU. They
                                                      had to waste time on
                                                      appealing and re-
                                                      appealing and visiting
                                                      the relevant authorities in
                                                      order to get the relevant
                                                      Government Assistance.
                                                      Some of the
                                                      Discriminatory acts faced
                                                      by the family include-
                                                      - Not receiving Rs.5000
                                                      - Not being able to claim
                                                      for partially damaged
                                                      house compensation
                                                      - Not been able to get the
                                                      GN signature for
                                                      documents (I.e., NIC,
                                                      Scholarship forms)
4    Appuwahewa     14, Sri Sopitha    Housing        Partially Damaged house.
     Pradeepa       Mawatha,                          DAT has assessed the
     Lalanika       Balapitiya                        house only after
                    (Brahmana Watta                   appealing to the
                    South)                            Divisional Secretary but
                                                      has informed that they
                                                      are not qualified for


                                                                     74
                                                         housing compensation.
                                                         They own lorries and are
                                                         engage in business.

                                                         Yet, it is recommended
                                                         that the house is re-
                                                         assessed.
5    E. Nihal De   Praja Shalawa     Fisherman – No      Nihal is a fisherman who
     Silva         Asala, Brahmanna aid received         has lost his raft
                   Watta, Balapitiya                     (Registration # 9-
                                                         6851GLE) due to
                                                         Tsunami. Yet, his raft has
                                                         not been replaced.

                                                         They are living within the
                                                         buffer zone. Has not
                                                         received permanent
                                                         housing.

6    H. H. Piyasena 34/25, Modhara      Not receiving    He is not living in the
     De Silva       Watta,              Fishing aid      given address.
                    Balapitiya
7    Irene Kamani   64, Galle Road      Difference b/n   She has not received
     De Silva                           GN response      housing compensation
                                        and Kamani’s     even though it seems
                                        Complaint        partially damaged.
                                                         Requires re-assessment.

8    T.H. Wijith   20B                  Housing          Address Unclear
     Kumara
9    W. Wilman     60, Galle Road       Housing          His son. Lalith Kumara
     Mendis                                              Mendis, who has been a
                                                         fisherman since the age of
                                                         16 (now 24) is not
                                                         receiving Rs.5000.He has
                                                         got himself injured due to
                                                         Tsunami and has not yet
                                                         recovered. He is the only
                                                         one in the family who is
                                                         involved in livelihood
                                                         activity. The Complainant
                                                         is paralyzed. He has 2
                                                         married children and 3
                                                         un-married children.

10   Theanahandi   53/32, Sri Sopitha   Housing          Problem has been


                                                                        75
     Udulawathie      Mawatha,                            resolved.
     De Silva
11   Mallika De       IDP Camp,          Difference b/n   21 persons (4 married
     Silva            Arunabegamdora,    GN response      families) living in the
                      No 15,             and Mallika’s    same house where there
                      Ambagahapitiya     Complaint        is only one household
                      Pansala Road,                       head, Ms. H.
                      Pahathegama                         Karunawathie. No one
                                                          has a regular income.
                                                          Everybody has received
                                                          Tsunami cards during 1st
                                                          four months. Since April,
                                                          only 4 persons received
                                                          Tsunami card.

12   Weddikkakra                         Rs.5000/-        No Address given
     Rani De Silva                       Compensation


2. GALLE DISTRICT, GALLE FOUR GRAVATS DS DIVISION

Thalapitiya

#    Name            Address        Complaint      DRMU Findings

1    M. M. Bishrul 65/3,            Not receiving Not suitable for housing
     Husna         Thalapitiya      Housing       compensation. He was in the
                   road,            Compensation process of building the house
                   Thalapitiya                    when the Tsunami occurred
                                                  and he has lost building
                                                  material brought for
                                                  construction. At the time of
                                                  Tsunami, he was not residing
                                                  in the house.
2    M. N. Kyrul     65, Thakkiya   Not receiving Not suitable for housing
     Hariffa         Road,          Housing       compensation, but an
                     Thalapitiya    Compensation organization called ALISIA has
                                                  assisted them with repairing of
                                                  house.
3    M.B.S. Sufica   89/5C,         Not receiving House partially damaged. They
                     Abdul          Housing       have appealed, but the DAT
                     Wahab          Compensation has not visited for the second
                     Mawatha,                     time for reassessment.
                     Thalapitiya
                     road,
                     Thalapitiya


                                                                        76
4   MAM          97/9, Abdul    Not receiving House partially damaged, but
    Haniffa      Wahab          housing       has not received compensation.
                 Mawatha,       compensation  DAT has investigated twice
                 Thalapitiya                  and has not approved for
                 road,                        housing compensation. The
                 Thalapitiya                  Association for International
                                              Co-Operation and
                                              Humanitarian Aid (ALISIA)
                                              has done some of the repairs.
5   AJM          U C Houses     12 Completely As the relevant houses have
    Mohideen     at             damaged       been located in the Urban
                 Thalapitiya.   houses that   Council land, and as the
                                have not      tenants did not have the land
                                received any  titles, although all the 12
                                housing       houses are completely
                                compensation damaged, the tenants are not
                                              sure as to whether they are
                                              going to receive housing
                                              compensation.
                                              The Muslim Ladies Study
                                              Circle has proposed a housing
                                              project and has laid foundation
                                              on the 12th March 2005. UNDP
                                              is implementing the project
                                              with financial assistance given
                                              by Germany.

Dewata

#   Name          Address       Complaint       DRMU Findings

1   Naseema       42/1A,        Not receiving   Naseema was not residing in
    Niyazdeen     Wijitharama   Housing         the house at the time of
                  Mawatha,      Compensation    Tsunami as it was not fully
                  Dewata        and other       built.
                                Tsunami Aid

Habaraduwa

#   Name        Address         Complaint       DRMU Findings

1   Sunil       353,            Not receiving   Houses either fully or partially
    Dahanayak   Peellagoda,     Rs.5000         damaged. Should receive
    e           Unawatuna                       housing compensation. The
                                                house was repaired by interns
                                                from Holland, but the newly


                                                                       77
                                                 built walls are already cracked
                                                 due to inferior quality of
                                                 workmanship. Government
                                                 DAT has not visited to assess
                                                 damages and as a result they
                                                 are not receiving housing
                                                 compensation.
                                                 They have received the third
                                                 installment of the Rs. 5000 after
                                                 petitioning.
2   Mahesh      206/1,          Loss of          DRMU should Inform about
    Rangjeeva   Egodawatta,     livelihood       the loan schemes available.
                Unawatunna
3   K. N.       Parangiyawatt   Not receiving    Could not locate the place as
    Premadasa a, Pillegoda,     Transitional     the relevant people have
                Unawatunna      Shelter          moved to Meepe.
4   D. W.       Andayanwatta    Not assessing    DAT has visited about 2
    Ariyarathne ,               for Housing      months ago and has paid the
                Yathdehimulle   Compensation     first installment of the housing
                Mawatha,                         compensation.
                Unawatunna



3. MATARA DISTRICT, WELIGAMA D.S. DIVISION

#   Name           Address           Complaint        DRMU Findings

1   M. H. H. M.    5/4,            Not receiving      Could not find the address.
    Miftha         Madamawatha,    Tsunami Aid -
                   Weligama        Rs. 5000 and
                                   Rs.375
2   S. H. Sunil    44/2,           Not receiving      Sunil has been the owner of
    Jayantha       Samaraweera     Fishing Gear,      two boats. He has repaired
                   Place, Weligama Housing issue      one boat and the Ministry
                                                      of Fisheries and Aquatic
                                                      Resources has given a 18
                                                      foot boat but not an engine
                                                      or fishing gear. A 15 horse
                                                      power engine was given to
                                                      him by a NGO through
                                                      CEYNOR. Fishing nets
                                                      was available to him since
                                                      the 14th May 2005. The
                                                      problem he is facing at the
                                                      moment is that the power


                                                                        78
                                                      output of the 15
                                                      horsepower engine is not
                                                      sufficient to support the 18
                                                      foot boat.

                                                      Both boats have damaged
                                                      during a recent high tide.
                                                      (Copies of letters written to
                                                      various authorities
                                                      regarding action taken was
                                                      given to DRMU Field
                                                      officers)

                                                      There are multiple owners
                                                      for the house, which is in
                                                      the buffer zone. As a result
                                                      he has not been able to
                                                      obtain a guarantee for
                                                      permanent shelter.

3   P. K.           Bogahawatta,      Not receiving   He has received Rs.15,000
    Ariyarathne     Parana Kade,      Compensation    each for all 3 family
                    Weligama          given for       members who has passed
                                      death of        away due to Tsunami. Now
                                      family          he is requesting for
                                      members         compensation from the
                                      (Rs.15,000)     Government for the dead
                                                      persons.

4   G.H. Priyanka   ‘Pradeepa,’ No    Not receiving
    Pradeep         20/2, (29/2)      Housing
                    Siddhananda       Compensation
                    Mawatha,
                    Hettiweediya,
                    Weligama
5   D.              Official          Not receiving   House completely
    Chandrasena     Address- 10/1,    Fishing Gear    damaged. Living within the
                    Samaraweera                       buffer zone. They are
                    Place, Weligama                   anxious about when they
                                                      will receive permanent
                                                      shelter. Currently
                                                      Chandrasena is currently
                                                      living in Transitional
                                                      Shelter camp.

                                                      Chandrasena had two rafts


                                                                        79
                                                      before the Tsunami. Still
                                                      they have not been
                                                      replaced.

6   A. S.            107, Maha        Not receiving   House is away from the
    Jayawardane      Weediya,         Housing         buffer zone and is
                     Weligama         Compensation    damaged. Currently living
                                      and Rs.5000     in Transitional Shelter. The
                                                      damaged house is owned
                                                      by Mr. Jayawardane’s
                                                      Brother-in-law (wife’s
                                                      brother), who is not willing
                                                      to accommodate him. The
                                                      brother-in-law is living in a
                                                      separate house in the same
                                                      street. Mr. Jayawedrane’s
                                                      wife has passed away due
                                                      to Tsunami. According to
                                                      current laws and
                                                      regulations he is not
                                                      entitled to receive housing
                                                      compensation as it is
                                                      similar to a tenants
                                                      situation.

7   K. P. Kithsiri   429,             Not receiving
                     Homepalawatta,   Housing
                     Aluthpara,       Compensation
                     Pelena,
                     Weligama
8   Lorenzohewa      248/64,          Not receiving There have been two
    Welle            Bogahawatta,     Housing       household heads. One is
    Kankanamge       Mahaweediya,     Compensation Ms. Ariyawathie and the
    Ariyawathie      Weligama                       other is her nephew Mr. L.
                                                    W. Jayarathne.

                                                      The land title is to Mr.
                                                      Lorenzohewa Kankanamge
                                                      Sammichchi Appu, (father
                                                      of Ms. Ariyawathie and the
                                                      grand father of Mr.
                                                      Jayarathne,) who has
                                                      passed away.

                                                      Without the consent or the
                                                      consultation with Ms.


                                                                        80
                                                    Ariyawathie, the GN has
                                                    approved a new house for
                                                    Mr. Ariyarathne as the
                                                    house is located within the
                                                    buffer zone. Mr.
                                                    Ariyarathne is a Police
                                                    Officer attached to
                                                    Wellampitiya Police
                                                    Station.
9    Piyal Ranjan     56,             Not receiving They are expecting two
     Abeyrathne       Samaraweera     Housing       houses for which they are
                      Place, Weligama Compensation not entitled.

10   M M Fazil      Official           Not receiving He was not home at the
     Maharum        Address- 1,        Livelihood    time of visit.
                    Samaraweera        Compensation
                    Place, Weligama
11   Lorenzo        35/5, Sri          Not receiving Living within the Buffer
     Hewage         Somananda          Housing       Zone, has received the
     Anusha Dilhani Mawatha,           Compensation assurance of obtaining a
     De Silva       Mahaweediya,                     new house.
                    Weligama
                    077-6292473
12   KV             124/2,             Not receiving They are expecting two
     Leelawamani    Mahaveediya        Housing       houses for which they are
     Renuka                            Compensation not entitled.

13   L H Sirisena     382 A, Parana    Not receiving He is receiving Rs. 100,000
                      kade, Weligama   Housing       but says it is not sufficient
                                       Compensation to repair the partially
                                                     damaged house. Educated
                                                     him about loan facilities
                                                     available.

14   Passikku hanna   55,             Not receiving Passikku hanna Digge
     Digge            Samaraweera     Housing       Rajarathna and L H Albert
     Rajarathna       Place, Weligama Compensation Silva although are residing
                                                    within the buffer zone is
15   L H Albert       55,             Not receiving not interested in moving to
     Silva            Samaraweera     Housing       a new place. House # 55 is
                      Place, Weligama Compensation partially damaged where as
                                                    # 55 C, is completely
                                                    damaged.

16   Jayathissa       10/2,            Housing Issue   Two families have been
     Daluwatta        Samaraweera      (within the     living in the same house


                                                                        81
                    Place, Weligama Buffer zone) –    with two separate
                                     Requesting       household heads.
                                     for 2 separate
                                     houses.
17   A. G. Varuna   7, Abeysuriya    Not receiving    House is partially
     Indika         Watta, Maha      housing          damaged.
                    Weediya,         compensation.
                    Weligama         Has written to
                                     DRMU 4
                                     months ago,
                                     but no
                                     response as to
                                     date.
18   K. H. Sisira   13, Abeysuriya   Not receiving    House is partially
     Ariyawansa     Watta, Maha      housing          damaged.
                    Weediya,         compensation.
                    Weligama         Has written to
                                     DRMU 4
                                     months ago,
                                     but no
                                     response as to
                                     date.
19   A.T. D. S.     10, Abeysuriya   Not receiving    House is partially
     Jayawickrema   Watta, Maha      housing          damaged.
                    Weediya,         compensation.
                    Weligama         Has written to
                                     DRMU 4
                                     months ago,
                                     but no
                                     response as to
                                     date.
20   M. P. Sugath   3, Abeysuriya    Not receiving    House is partially
     Premasiri      Watta, Maha      housing          damaged.
                    Weediya,         compensation.
                    Weligama         Has written to
                                     DRMU 4
                                     months ago,
                                     but no
                                     response as to
                                     date.
21   P. H. Gamini   Sirikathapura, , Not receiving    House is partially
     Chaminda       Maha Weediya, housing             damaged.
     Kumara         Weligama         compensation.
                                     Has written to
                                     DRMU 4
                                     months ago,


                                                                       82
                                                    but no
                                                    response as to
                                                    date.



                                        Batticaloa District

                                     11th- 14th November 2005

Mr. Asitha Punchihewa and Ms. Nirekha De Silva conducted Field
Investigations regarding complaints received from the Districts of Batticaloa
and Ampara from the 11th to 14th November 2005. Findings of the DRMU are
as follows-

1. BATTICALOA DISTRICT, MANMUNAI SOUTH AND ELLUVIL
DIVISION, 126 A CHETTIPALAYAM SOUTH GN DIVISION


          #    Name        Address                Complaint     DRMU Findings           Proposed Actions

1        Vairamutthu       Kadakkarai Veediya     Permanent     o        House           o       Write to the
        Coomarasamy                               Shelter           completely             District Secretary
                                                                    damaged.               and Divisional
                                                                o        Not receving      Secretary, with a
                                                                    Compensation.          copy to the
                                                                o        The house is      Complainent,
                                                                    situated away from     regarding why they
                                                                    the buffer zone        are not receiving
                                                                o        They have a       fully-damaged
                                                                    Deed for the           housing
                                                                    property.              compensation upto
                                                                o        GN has told       date.
                                                                    them only if an
                                                                    NGO comes to work o          Monitor the
                                                                    in this area he will   progress.
                                                                    nominate
                                                                    Coomaraswamy has
                                                                    a beneficiary.
    2         Velupillai   Pulavar rd             Permanent     o        House partially o       Write to the
               Devanai                            Shelter           damaged.               District Secretary
                                                                o        Not receving      and Divisional
                                                                    Compensation.          Secretary, with a
                                                                o        The house is      copy to the
                                                                    situated away from     Complainent,
                                                                    the buffer zone.       regarding why they
                                                                o        They have a       are not receiving
                                                                    Deed for the           partially damaged
                                                                    property.              housing
                                                                                           compensation upto
                                                                                           date.




                                                                                          83
                                                                                o        Monitor the
                                                                                    progress.

        Ratnasingha    Chettipalayam north   Permanent   o      House           o         Write to the
3                m                           Shelter       completely               District Secretary
        Thangappill                                        damaged.                 and Divisional
                  ai                                     o      Not receving        Secretary, with a
                                                           Compensation.            copy to the
                                                         o      The house is        Complainent,
                                                           situated away from       regarding why they
                                                           the buffer zone          are not receiving
                                                         o      They have a         completely
                                                           Deed for the             damaged housing
                                                           property.                compensation upto
                                                                                    date.

                                                                                o        Monitor the
                                                                                    progress.


    4   Kandappan      Sivan Kovil rd        Shelter     o       There were two o        Write to the
        Yoganathan                                         separate houses         District Secretary
                                                           (two separate           and Divisional
                                                           household heads) in     Secretary with a
                                                           the same land. One      copy to the
                                                           house was occupied      Complainent,
                                                           by the sister of Mr.    regarding this
                                                           Yoganathan and the      matter, requesting
                                                           other house by Mr.      explanaition for-
                                                           Yoganathan.              o     Not seeking
                                                         o       There father,         Mr.
                                                           who was the owner           Yoganathan’s
                                                           of the above land           conscent when
                                                           has passed away.            approving Rs.
                                                           The Land Title is           250,000 to his
                                                           still under his name.       sister,
                                                         o       The sister has     o Why Mr.
                                                           been nominated to           Yoganathan is
                                                           receive housing             not qualified to
                                                           compensation                receivie
                                                           without counsulting         Rs.250,000 for
                                                           Mr. Yoganathan              his completely
                                                           although this is a          damaged
                                                           shared property.            house.
                                                         o       Applying the    o       Monitor the
                                                           house-to-house          progress.
                                                           policy, Mr.
                                                           Yoganathan is also
                                                           qualified to receive
                                                           Rs.250,000.




                                                                                    84
    5       Konasalinga   Tharrakkarai rd,          Permanent      o      House             o         Write to the
                     m                              Shelter          completely                 District Secretary
            Kuganathan                                               damaged.                   and Divisional
                                                                   o      Housing               Secretary, with a
                                                                     Compensation is            copy to the
                                                                     given only for             Complainent,
                                                                     partial damage.            regarding why they
                                                                                                are receiving only
                                                                                                partial damage
                                                                                                compensation
                                                                                                when the house is
                                                                                                completely
                                                                                                damaged.

                                                                                            o        Monitor the
                                                                                                progress.



    Following were discussed at the meeting with the GN

        o    There is a shortage of Damage Assessment Application forms, for which he is not
             able to take any responsibility.
        o    The Grama Niladhari has not been able to obtain Damage Assessment application
             forms even though he has complained the matter to the Divisional Secretary several
             itmes.
        o    There are people who are entitled to receive Government Assistance according to the
             selection criteria of the Government, but are not receiving compensation.
        o    There are completely damaged (Grounded) houses for which the DAT has estimated
             damage as partially damaged houses.
        o    When assessing damages for owner-driven housing program, the preference is given
             to households that consist of over 5 persons. As a result, households with one or two
             family members have not been considered for housing grants although the houses
             are damaged by the Tsunami.




    2. BATTICALOA DISTRICT, MANMUNAI SOUTH AND ELLUVIL DIVISION, 122
    THETHATHIVU NORTH

#                 Name    Address                   Complaint     DRMU Findings              Proposed Actions

    1    Sivalingam       Sri Balamurugan rd        Rs 5000/=     o       Her house is    o       Write to the
         Kaushala                                   & Shelter       affected both by        District Secretary
                                                                    flood and the           and Divisional
                                                                    Tsunami                 Secretary, with a
                                                                    simultaneously.         copy to the
                                                                  o       She has a deed    Complainent,
                                                                    for her property.       regarding why they
                                                                  o       She is in the     are not receiving
                                                                    process of building a   completely
                                                                    new house from the      damaged housing
                                                                    money she has           compensation upto
                                                                    earned by working       date.



                                                                                                85
                                                 in the Middle East.
                                                 At the time of         o      Monitor the
                                                 Tsunami, the new         progress.
                                                 house was partially
                                                 built.
                                               o        The wattle
                                                 house they used to
                                                 live in was
                                                 completely
                                                 damaged due to
                                                 Tsunami.
                                               o        They are living
                                                 beyond the buffer
                                                 zone.
                                               o        They are not
                                                 receiving any
                                                 compensation for
                                                 the completely
                                                 damaged house.

2   Saminathan    Thethathivu 1,     Shelter   o      Houe                o         Write to the
    Rajaratnam    Kaluvanchikudi                 completely                   District Secretary
                                                 damaged.                     and Divisional
                                               o      Housing                 Secretary, with a
                                                 Compensation is              copy to the
                                                 given only for               Complainent,
                                                 partial damage.              regarding why they
                                                                              are receiving only
                                                                              partial damage
                                                                              compensation when
                                                                              the house is
                                                                              completely
                                                                              damaged.

                                                                          o        Monitor the
                                                                              progress.

3   Seenithambi   Sandipilavadi rd   Shelter   o        House is          o         Write to
    Nesamma                                        partially damaged          Nesamma
                                                   by the Tsunami and         explaining the
                                                   the daughter of            housing policy and
                                                   Nesamma is                 informing that she
                                                   receiving the due          is not qualified to
                                                   compensation               receive
                                                   already.                   compensation for
                                                                              housing.
                                               o        Nesamma, has
                                                   gifted the land to
                                                   her daughter and
                                                   has been living in a
                                                   small hut in the
                                                   same land. After
                                                   the Tsunami they
                                                   have again divided
                                                   the land and has got



                                                                              86
                                                       new titles to her
                                                       name and her
                                                       daughter’s name, so
                                                       that both can
                                                       benefit.


4   Kaliyammai     Ellai rd           Shelter      o
    Gnanamuthth
    u
5   Kadirgama      Thethathivu 1,     Shelter      o        Wattle and      o       Write to the
    Thambi         Kaluvanchikudi                      Cadjan hut             District Secretary
    Chinnavan                                          completely             and Divisional
                                                       damaged by the         Secretary, with a
                                                       Tsunami.               copy to the
                                                   o        Not receving      Complainent,
                                                       Compensation.          regarding why they
                                                   o        The house is      are not receiving
                                                       situated away from     compensation when
                                                       the buffer zone        the house is
                                                   o        They have a       completely
                                                       Deed for the           damaged.
                                                       property.
                                                   o        They have       o       Monitor the
                                                       informed the           progress.
                                                       Divisional Secretary
                                                       but no appropriate
                                                       steps have been
                                                       taken.
6   Murugappan     Main rd            Shelter      o        House was       o       Write to the
    Athputharasa                                       partally damaged.      District Secretary
                                                       Wide cracks on wall    and Divisional
                                                       and the floor, which   Secretary, with a
                                                       indicate structural    copy to the
                                                       damage.                Complainent,
                                                   o        The DAT has       regarding why they
                                                       disapproved            are not receiving
                                                       Compensation.          compensation when
                                                                              the house is
                                                                              completely
                                                                              damaged.

                                                                             o        Monitor the
                                                                                 progress.

7   Illayathambi   Chinnamurugan rd   Rs 2500/=    o      House              o         Write to the
    Punyamurthi                       ,Rs 5000 &     completely                  District Secretary
                                      Shleter        damaged.                    and Divisional
                                                   o      Not receving           Secretary, with a
                                                     Compensation.               copy to the
                                                   o      The house is           Complainent,
                                                     situated away from          regarding why they
                                                     the buffer zone             are not receiving
                                                                                 compensation when
                                                                                 the house is



                                                                                 87
                                                                                   completely
                                                                                   damaged.

                                                                              o         Monitor the
                                                                                   progress.

8    Chinnathamb     New Postal rd      Shelter      o         DAT has        o          Write to the
     i Valipuram                                         visited. They are         Complainant with a
                                                         awaiting response.        copy to the GN that
                                                                                   the DAT will
                                                                                   inform about the
                                                                                   decision of the
                                                                                   team.

9    Kanabadipilla   Balamurugan rd     Rs 2500/=    o     House is not     o       Write to the
     i                                  ,Rs 5000 &         damaged.           Complainant
     Punyamurthi                        Shleter      o     It was in the      educating her about
                                                       progress of            the housing policy.
                                                       building at the time
                                                       the Tsunami
                                                       strucked.

10   Seenithambi     Thethathivu 1,     Shelter      o       Completely      o       Write to the
     Arumugam        Kaluvanchikudi                      damaged wattle        District Secretary
                                                         house that has        and Divisional
                                                         separate deed and a   Secretary, with a
                                                         household head.       copy to the
                                                                               Complainent,
                                                                               regarding why they
                                                                               are not receiving
                                                                               compensation when
                                                                               the house is
                                                                               completely
                                                                               damaged.

                                                                              o         Monitor the
                                                                                   progress.

11   Nallathambi     Thethathivu 1,     Shelter      o         DAT has         o         Send a final
     Invarasa        Kaluvanchikudi                      visited and has           letter to the
                                                         approved                  complainent, with
                                                         compensation for          a copy to the GN,
                                                         partial damage.           informing they
                                                                                   will receive
                                                                                   compensation soon
                                                                                   as DAT has
                                                                                   approved partial
                                                                                   damage.

12   Thambimuttu     Sandipilavadi rd   Shelter      o        House was       o       Write to the
     Kirubagaran                                         partally damaged.      District Secretary
                                                         Wide cracks on wall    and Divisional
                                                         and the floor, which   Secretary, with a
                                                         indicate structural    copy to the
                                                         damage.                Complainent,



                                                                                   88
                                                  o        The DAT has           regarding why they
                                                      disapproved                are not receiving
                                                      Compensation               compensation when
                                                      twice.                     the house is
                                                                                 completely
                                                                                 damaged.

                                                                             o        Monitor the
                                                                                      progress.

13   Kanapadiplill   Main rd            Shelter   o      House was           o         Write to the
     ai                                             partally damaged.            District Secretary
     Balasingham                                  o      The DAT has             and Divisional
                                                    disapproved                  Secretary, with a
                                                    Compensation.                copy to the
                                                                                 Complainent,
                                                                                 regarding why they
                                                                                 are not receiving
                                                                                 compensation when
                                                                                 the house is
                                                                                 completely
                                                                                 damaged.

                                                                             o        Monitor the
                                                                                 progress.

14   Kandappan       Main rd            Shelter   o       He has two         o         Write to the
     Baradan                                          separate houses,           District Secretary
                                                      one close to the sea       and Divisional
                                                      (Big house) and the        Secretary, with a
                                                      other, close to the        copy to the
                                                      main road (wattle          Complainent,
                                                      house). Both the           regarding why they
                                                      properties are             are not receiving
                                                      beyond the buffer          compensation when
                                                      zone and none of           the house is
                                                      the properties             completely
                                                      receive                    damaged.
                                                      compensation.
                                                                             o        Monitor the
                                                                                 progress.

15   Thanman         Sandipilavadi rd   Shelter   o         DAT has          o         Send a final
     kandappan                                        visited and has            letter to the
                                                      approved                   complainent, with
                                                      compensation for           a copy to the GN,
                                                      partial damage.            informing they
                                                                                 will receive
                                                                                 compensation soon
                                                                                 as DAT has
                                                                                 approved partial
                                                                                 damage.

16   Ms. Bakiyam     Sandipilavadi rd   Shelter   o      Completely          o         Write to the
     Nadaraja                                         damaged house              District Secretary



                                                                                 89
                                                      that has separate         and Divisional
                                                      deed and a                Secretary, with a
                                                      household head.           copy to the
                                                                                Complainent,
                                                                                regarding why they
                                                                                are not receiving
                                                                                compensation when
                                                                                the house is
                                                                                completely
                                                                                damaged.

                                                                            o        Monitor the
                                                                                progress.

17   Mrs.           Sandipilavadi rd   Shelter    o      House              o         Write to the
     Parameshwar                                    completely                  District Secretary
     i Thurairasa                                   damaged.                    and Divisional
                                                  o      Housing                Secretary, with a
                                                    Compensation is             copy to the
                                                    given only for              Complainent,
                                                    partial damage.             regarding why they
                                                                                are receiving only
                                                                                partial damage
                                                                                compensation when
                                                                                the house is
                                                                                completely
                                                                                damaged.

                                                                            o        Monitor the
                                                                                progress.

18   Ms.            Thethathivu 1,     Shelter    o         DAT has         o         Send a final
     Rathinamaba    Kaluvanchikudi                    visited and has           letter to the
     Egambaram                                        approved                  complainent, with
                                                      compensation for          a copy to the GN,
                                                      partial damage for        informing they
                                                      the house, of which       will receive
                                                      the deed is under         compensation soon
                                                      the daughter’s            as DAT has
                                                      name.                     approved partial
                                                                                damage.

19   Periyathambi   East rd            Shelter    o       House is not      o         Write to the
     Shanmugam                                        even partially            Complainant
                                                      damaged                   educating her about
                                                                                the housing policy.

20   Kandappan      Thethathivu 1,     Shelter/   o       House is          o         Write to the
     Umarani        Kaluvanchikudi     Rs. 5000     partially damaged           District Secretary
                                                    but not receiving           and Divisional
                                                    compensation                Secretary, with a
                                                  o       Even though           copy to the
                                                    the livelihood              Complainent,
                                                    (agriculture) was           regarding why they
                                                    damaged due to              are receiving only



                                                                                90
                                                        Tsunami, they have      partial damage
                                                        not been granted an     compensation when
                                                        installments of Rs.     the house is
                                                        5000.                   completely
                                                                                damaged and about
                                                                                the Rs. 5000 that
                                                                                they are entitled
                                                                                for.
                                                                              o       Monitor the
                                                                                progress.

21   Ilayathambi    Sandipilavadi rd   Shelter      o         DAT has         o         Send a final
     Vadiwel                                            visited and has           letter to the
                                                        approved                  complainent, with
                                                        compensation for          a copy to the GN,
                                                        partial damage for        informing they
                                                        the house.                will receive
                                                                                  compensation soon
                                                                                  as DAT has
                                                                                  approved partial
                                                                                  damage.

22   Murugesu       Sandipilavadi rd   Shelter      o         DAT has         o         Send a final
     Arumugam                                           visited and has           letter to the
                                                        approved                  complainent, with
                                                        compensation for          a copy to the GN,
                                                        partial damage for        informing they
                                                        the house.                will receive
                                                                                  compensation soon
                                                                                  as DAT has
                                                                                  approved partial
                                                                                  damage.

23   Ponnaiya       Thethathivu 1,     Rs 2500/=    o        They have a     o       Write to the
     Paramjoyothi   Kaluvanchikudi     ,Rs 5000 &       sole deed for the      Complainant
                                       Shleter          properties for         educating her
                                                        which they are         about the housing
                                                        seeking housing        policy
                                                        assistance. Neither
24   KandasamiKa    Thethathivu 1,     Rs 2500/=        of the complainants o        Write to the
     pdeeban        Kaluvanchikudi     ,Rs 5000 &       are not entitled for   Complainant
                                       Shleter          housing                educating her
                                                        ompensation given      about the housing
                                                        for partial damage     policy
                                                        according to the
                                                        DAT, which seems
                                                        correct, when
                                                        considering the
                                                        evidence shown to
                                                        prove dmage.

25   Seenithambi    Thethathivu 1,     Shelter/     o       She has lived in o       Write to the
     Suganeshwari   Kaluvanchikudi     Rs. 5000         a wattle hut which     District Secretary
                                                        was completely         and Divisional
                                                        damaged. The other     Secretary, with a



                                                                                  91
                                                       house that she built   copy to the
                                                       I partilly damaged.    Complainent,
                                                       She has the title for  regarding why they
                                                       both properties. The   are receiving only
                                                       GN has not even        partial damage
                                                       considered her for     compensation when
                                                       entitlements giving    the house is
                                                       her a reasoning        completely
                                                       “you are not           damaged and about
                                                       entitled if you are    the Rs. 5000 that
                                                       unmarried”.            they are entitled
                                                     o       She has not      for.
                                                       been granted the Rs. o       Monitor the
                                                       5000 even though       progress.
                                                       the livelihood
                                                       (agriculture) was
                                                       destroyed de to
                                                       Tsnami.

26   Mailvahanam     Thethathivu 1,        Shelter   o      House              o         Write to the
     Dhayaseelan     Kaluvanchikudi                    completely                  District Secretary
                                                       damaged.                    and Divisional
                                                     o      Housing                Secretary, with a
                                                       Compensation is             copy to the
                                                       given only for              Complainent,
                                                       partial damage.             regarding why they
                                                                                   are receiving only
                                                                                   partial damage
                                                                                   compensation when
                                                                                   the house is
                                                                                   completely
                                                                                   damaged.

                                                                               o       Monitor the
                                                                                 progress.
27   Mrs.            Thethathivu 1,        Shelter   o       House partially   o       Write to the
     Kallechchelvi   Kaluvanchikudi                      damaged but not         District Secretary
     Puvanasingha                                        considered for          and Divisional
     m                                                   compensation.           Secretary, with a
                                                                                 copy to the
                                                                                 Complainent,
                                                                                 regarding why they
                                                                                 are receiving only
                                                                                 partial damage
                                                                                 compensation when
                                                                                 the house is
                                                                                 completely
                                                                                 damaged.

                                                                               o        Monitor the
                                                                                   progress.

28   Mrs.            Santhipalawadai Rd.             o       House partially   o         Write to the
     Murugappan      Thethathivu 1                       damaged but not           District Secretary
     Rasamma                                             considered for            and Divisional



                                                                                   92
                                                                 compensation.            Secretary, with a
                                                                                          copy to the
                                                                                          Complainent,
                                                                                          regarding why they
                                                                                          are receiving only
                                                                                          partial damage
                                                                                          compensation when
                                                                                          the house is
                                                                                          completely
                                                                                          damaged.

                                                                                      o        Monitor the
                                                                                          progress.




    3. BATTICALOA DISTRICT, MANMUNAI SOUTH AND ELLUVIL DIVISION, 116 B
    KALUWANCHIKUDY NORTH

#              Name     Address                 Complaint   DRMU Findings             Proposed Actions

    1   K               Kadakkarai Street,      Shelter      o      Not Suitable for o       Write to the
        kanaganayag     Kaluwanchikudy                         Housing                 Complainent
        am                                                     Compensation.           explaining that he is
                                                             o      She is showing     not suitable for
                                                               a place newly built     Housing
                                                               as well as a leak       Compensation.
                                                               from the over-head
                                                               tank as damages
                                                               after Tsunami.

    2   Sabapathipill   Kadakkarai Street,      Shelter      o       There are      o       Write to the
        ai              Kaluwanchikudy                         structural damages     Divisional Secretary
        Paramananda                                            to the house.          and District
        samy                                                 o       Request DAT to   Secretary, with a
                                                               isit.                  copy to the
                                                                                      Complaininet
                                                                                      requesting
                                                                                      reassessment of
                                                                                      housing damage.

    3   Ms.             Kumaran                 Shelter      o     Not suitable for   o       Write to the
        Kanamakrish     Kalamandram                            housing                  Complainent
        napillai        rd,Kaluvanchikudy 8                    Compensation.            explaining that he is
                        north                                o     No damage            not suitable for
                                                               evident.                 Housing
                                                                                        Compensation.
    4   Mr              Sarasvathi Vidyala rd   Rs 5000/=    o     Not suitable for   o       Write to the
        Palanithambi                            & Shelter      housing                  Complainent
        n                                                      Compensation.            explaining that he is
        Nandakumar                                           o     No damage            not suitable for
                                                               evident.                 Housing


                                                                                          93
                                                        o      Water has come         Compensation and
                                                          only 8 inches.              the livelihood
                                                        o      Not entitled for       allowance of
                                                          Livelihood                  Rs.5000.
                                                          allowance as the
                                                          husband is working
                                                          for CTB.

5   Mr              Sarasvathi Vidyala rd   Rs 5000/=   o     Not entitled for    o          Write to the
    Sinnathambi                             & Shelter     housing grants.             Complainent
    Thavarasa                                           o     No damage               explaining that he is
                                                          evident.                    not suitable for
                                                        o     Working at the          Housing
                                                          MOH Office                  Compensation and
                                                          prevents him form           the livelihood
                                                          being receipiant of         allowance of
                                                          Rs,5000 in the 3rd          Rs.5000.
                                                          and 4th installment.

6   RatnamParan     Sarasvathi Vidyala rd   Rs 5000/=   o      Not entitled for o        Write to the
    irubasingam                             & Shelter     housing grants.         Complainent
                                                        o      No damage          explaining that he is
                                                          evident.                not suitable for
                                                        o      Has received       Housing
                                                          the 3rd installment of  Compensation and
                                                          Rs.5000. Is not         the livelihood
                                                          entitled for the 4th    allowance of
                                                          installment as the      Rs.5000.
                                                          livelihood has not
                                                          been damaged by
                                                          the Tsunami.
7   Selvamanikka    Sarasvathi Vidyala rd   Rs 5000/=   o      Not entitled for o        Write to the
    m Devarasa                              & Shelter     housing grants.         Complainent
                                                        o      No damage          explaining that she
                                                          evident.                is not suitable for
                                                        o      2 installments     Housing
                                                          of Rs.5000 given. As    Compensation and
                                                          she is working in a     the livelihood
                                                          school, she is not      allowance of
                                                          entitled to receive     Rs.5000.
                                                          3rd and 4th
                                                          installments.
8   Kandasami       Sarasvathi Vidyala rd   Shelter     o      Not entitled for o        Write to the
    Vadivel                                               housing grants.         Complainent
                                                        o      No damage          explaining that she
                                                          evident.                is not suitable for
                                                                                  Housing
                                                                                  Compensation.

9   Kanakathipill   Kumaran                 Rs 5000/=   o     House not           o         Write to the
    ai              Kalamandram             & Shelter     damaged by the              Complainent
    Gnanasingha     rd,Kaluvanchikudy 8                   Tsunami.                    explaining that she
    m               north                               o     Husband is              is not suitable for
                                                          working in the              Housing
                                                          Railway                     Compensation and



                                                                                      94
                                                                Department,             the livelihood
                                                                therefore not           allowance of
                                                                entitled to receive     Rs.5000.
                                                                3rd and 4th
                                                                installments of
                                                                Rs.5000.
    10   Murugupillai   Sarasvathi Vidyala rd    Rs 5000/=    o       There are small o        Write to the
         Vinayagamur                             & Shelter      racks on walls.         Divisional Secretary
         thi                                                  o       Vinayagamurth     and District
                                                                i is working. He is     Secretary, with a
                                                                not qualified for       copy to the
                                                                Rs.5000                 Complaininet
                                                                                        requesting
                                                                                        reassessment of
                                                                                        housing damage.
                                                                                      o        Write to the
                                                                                        Complainent
                                                                                        explaining that he is
                                                                                        not suitable for the
                                                                                        livelihood allowance
                                                                                        of Rs.5000.

    11   Mrs.Chandra    Kumaran                  Shelter      o      Not entitled for o        Write to the
         devi           Kalamandram                             housing grants.         Complainent
         Sivasidambar   rd,Kaluvanchikudy 8                   o      No damage          explaining that he is
         am             north                                   evident.                not suitable for
                                                              o      Has received       Housing
                                                                the 3rd installment of  Compensation and
                                                                Rs.5000. Is not         the livelihood
                                                                entitled for the 4th    allowance of
                                                                installment as he       Rs.5000.
                                                                owns a boutique.




3. BATTICALOA DISTRICT, MANMUNAI SOUTH AND ELLUVIL DIVISION, 116 A
KALUWANCHIKUDY SOUTH

#        Name           Address                  Complaint   DRMU Findings              Proposed Actions

1        Mr Ramasami    Thirumurugan Kovil       Shelter     Could not visit the houses of Sooriyapuram.
         Sundariamma    Veediya                              Because of the floods there’re was no access to
2        Ms.            Sooriyapuram             Shelter     the Village.
         Ariyanayaga
         m Yogarani
3        Sinnathambi    Sooriyapuram             Shelter
         Vedanayaga
         m
4        Velupillai     Sooraiyadi (Check the    Shelter
         Selvarasa      address-mail returned)
5        Ms.            Sooriyapuram             Permanent
         Arumugam                                Shelter
         Deva Rasi
6        Mahadeva       New Goodwim              Permanent   Cracks near the door.      Write to the



                                                                                          95
     Sathyaseelan    Sarasvathy Vidyala      Shelter                                Divisional Secretary
                     Street                                                         and District Secretary,
                                                                                    with a copy to the
                                                                                    Complaininet
                                                                                    requesting
                                                                                    reassessment of
                                                                                    housing damage.

7    Kandaiya        Sooriyapuram,           Permanent   Could not visit the houses of Sooriyapuram. Because
     Balasundara     Maniamman Kovil         Shelter     floods there’re was no access to the Village.
     m               Veediya
8    Makandu         Sooriyapuram            Permanent
     Parimalam                               Shelter
9    Yogarasa        Sooriyapuram            Permanent
     Sanda                                   Shelter
10   Thambipillai    Sooriyapuram            Permanent
     Ganeshan                                Shelter
11   Yogarasa        Sooriyapuram            Permanent
     Kalipillai                              Shelter
12   Mrs.            Murugum Kovil Street,   Permanent    o      House is            o       Write to the
     Chithirawel     Palamthottam            Shelter        completely damaged           District Secretary
     Thangappillai                                          due to Tsunami.              and Divisional
                                                          o      Has a deed to           Secretary, with a
                                                            the house.                   copy to the
                                                          o      Living away             Complainent,
                                                            from the buffer zone.        requesting
                                                          o      DAT has not             explaination for
                                                            visited the house.           not providing
                                                          o      She is a                compensation for
                                                            household head. She          the damage caused
                                                            has received Rs.2500         and the resons
                                                            as a livelihood              why the DAT has
                                                            allowance.                   not visited the
                                                          o      When                    location.
                                                            considering the
                                                            current housing
                                                            policies, she should
                                                            be able to receive a
                                                            grant of Rs.250,000
                                                            for her fully
                                                            damaged house if
                                                            she is able to
                                                            produce clear
                                                            evidence to prove
                                                            that she was there.

13   chandrasekar    Murugum Kovil Street,   Temporary    o     She is living by    o         Write to the
     am sinnamma     Palamthottam            Shelter        herself and she is          District Secretary
                                                            vulnerable.                 and Divisional
                                                          o     House is                Secretary, with a
                                                            completely damaged          copy to the
                                                            due to Tsunami.             Complainent,
                                                          o     She has been            requesting
                                                            granted Rs. 100,000         explaination for
                                                            of which Rs. 50,000         providing only



                                                                                        96
                                                           has been paid.                Rs.100,000 when
                                                         o      She is entitled          Rs. 250,000
                                                           for Rs. 250,000.              compensation is
                                                         o      Further she is           due.
                                                           requesting                  o       Request to
                                                           Temoparary Shelter.           provide
                                                         o      Has a deed to            Transitional Shelter
                                                           the house.                    at the earliest.

14   Seenithambi    Murugum Kovil Street,   Rs 5000/=   Could not visit the houses of Sooriyapuram. Because
     Kirubairasa    Palamthottam            & Shelter   floods there’re was no access to the Village.
15   Mailvaganam    Sooriyapuram            Permanent
     Rasamma                                Shelter
16   Devasundara    Murugum Kovil Street,   Shelter     o      House is                o    Write to the
     m              Palamthottam                          completely damaged           District Secretary
     Alageshwari                                          due to Tsunami.              and Divisional
                                                        o      It is a Cadjan          Secretary, with a
                                                          hut.                         copy to the
                                                                                       Complainent,
                                                                                       requesting
                                                                                       explaination for
                                                                                       not paying Rs.
                                                                                       250,000
                                                                                       compensation is
                                                                                       due
17   Kandasami      Peoples bank rd         Shelter     Could not visit the houses of Sooriyapuram. Because
     Nadesan                                            floods there’re was no access to the Village.
18   Velachi        Sooriyapuram            Shelter
     Karthigesu
19   Ilayathambi    Sooriyapuram            Permanent
     Parkiyalaksh                           Shelter
     mi
20   Sinvalingam    Sooriyapuram            Permanent
     Thangamma                              Shelter
21   Sellappa       Sooriyapuram            Permanent
     Murugesu                               Shelter
22   Rasaiyya       Sooriyapuram            Temporary
     Mahadevan                              Shelter
23   Kadoragesu     Palamthottam            Permanent   o          She has not lived    o        Write to the
     Pakiya                                 Shelter          in the house                   District Secretary
                                                             damaged by the                 and Divisional
                                                             Tsunami. Address               Secretary, with a
                                                             given in the                   copy to the
                                                             Samurdhi and Voters            Complainent,
                                                             list are different to          requesting
                                                             that of the damaged            explaination for
                                                             house.                         not providing
                                                                                            compensation for
                                                         o        When                      the damage, given
                                                             considering the                that she produces
                                                             current housing                sufficient evidence
                                                             policies, she should           to prove tht there
                                                             be able to receive a           was a house and
                                                             grant of Rs.250,000            the resons why the
                                                             for her fully                  DAT has not



                                                                                           97
                                                  damaged house if              visited the
                                                  she is able to                location.
                                                  produce clear
                                                  evidence to prove
                                                  that she was there.

24   Mailvaganam   Sooriyapuram   Permanent   o    She is living with    o         Write to the
     Ragu                         Shelter         her daughter at            Grama Niladhari
                                                  Palamtottam as her         as to why
                                                  house at                   Mailvaganam’s
                                                  Sooriyapuram was           daughter
                                                  completely                 (Ratndeepa)is not
                                                  destroyed by the           yet been
                                                  Tsunami.                   considered for
                                                  Complainant is             housing
                                                  considerate about          compensation.
                                                  her daughter who
                                                  was living in the
                                                  same land in a
                                                  separate house, but
                                                  is not receiving
                                                  housing
                                                  compensation.
25   Jayakumar     Palamthottam   Permanent   o        They have built   o         Write to the
     Subhagini                    Shelter         a small house after        complainant
                                                  the Tsunami with           explaining the
                                                  oun money. Their           husing policy and
                                                  house is not               tht they are not
                                                  damaged due to             qualified to
                                                  Tsunami but are            receive
                                                  expecting something        Government
                                                  because has                Assisitance.
                                                  neighbours are
                                                  receiving assistance
                                                  from NGOs.
26   Megarasa      Sooraiyadi,    Permanent   Could not visit the houses of Sooriyapuram. Because
     Janeshvari    Palamthottam   Shelter     floods there’re was no access to the Village.
27   E. Arulrasa   Thilana rd,    Shelter
28   Amnnamalai    Palamthottam   Rs 5000/=   o        Her house is        o         Write to the
     Karunanidi                   & Shelter       completely dmaged             District Secretary
                                                  due to the Tsunami.           and Divisional
                                                  And she has not               Secretary, with a
                                                  received housing              copy to the
                                                  compensation.                 Complainent,
                                                  Moreover, the DAT             requesting
                                                  has not visited her           explaination for
                                                  house. The GN has             not providing
                                                  approved the                  compensation for
                                                  damaged house as              the damage, given
                                                  her permanent                 that she produces
                                                  residence. She has            sufficient evidence
                                                  also obtained a letter        to prove tht there
                                                  from a JP to prove            was a house and
                                                  that sha has lived in         the resons why the
                                                  that house. Her vote          DAT has not



                                                                               98
                                                                       is registerd in her              visited the
                                                                       sister’s house. At the           location.
                                                                       moment, she is living
                                                                       with her daughter.
                                                                       She is entitled to
                                                                       receive Rs. 250,000.

29   Sivapatham         Palamthottam               Temporary       o      No damage to           o     Write to the
     Sugaraja                                      Shelter           the house evident.           complainant
                                                                   o      They have               explainng the
                                                                     received four                housing poicy and
                                                                     installments of              the Government
                                                                     Rs.5000 to date.             loan schemes
                                                                                                  available.
30   Kandasami          Kumaran Kala               Shelter         Could not visit the houses of Sooriyapuram. Because
     Nithyananda        Mandam Veediya                             floods there’re was no access to the Village.
     n
31   Sachchidanan       Sooriyapuram               Shelter
     dam Megala
32   Kumarakulasi       Sooriyapuram               Rs 5000/=
     nge Dharshini                                 & Shelter
33   Rasarathinam       Palanthotam                Shelter
     Somawathi

       General issues

          There is a short supply of Damage Assessment Application Forms within the Batticaloa
           District.
          The Grama Niladhari’s are not aware of the current Government Policies on housing
           compensation.
          Priority has been given to families with over 5 individuals whereas the families with 2 or
           3 individuals are not given the priority
          As most of the houses that were damaged due to the Tsunami were built of clay, there is
           no evidence left to prove that a house actually existed, hence reducing their chances of
           getting due entitlements.
          On the other hand, there are people who are actually claiming for housing compensation
           for shacks that have been used as stores and also have been completely destroyed by the
           Tsunami.
          There are vulnerable persons (Eg. Elderly) who are not able to communicate effectively
           in order to gain their due entitlements.
          People who own several houses are given compensation for one house.
          The DAT deciding to provide Rs.100,000 for completely damaged houses.




GROUP COMPLAINTS

DRMU also receive Group Complaints regarding discrimination and
malpractices in the relief and rehabilitation process. Herewith reports of
few group complaints handled by the Unit is given as examples.



                                                                                                     99
       Panadura, Moratuwa and Dehiwala Divisional Secretariat Divisions
       1st July 2005

       Investigation on Issuing Birth Certificates

       Mr. Asitha Punchihewa and Mr. Supun Govinnage visited the Divisional
       Secretariats of Dehiwala, Moratuwa and Panadura to investigate the
       complaint that DRMU received by the Movement For The Defence Of
       Democratic Rights on issues concerning birth certificates of tsunami victims
       on the 22nd June 2005. The researchers of DRMU met all three concerned
       Divisional Secretaries Mrs. Sumitha Cooray (Dehiwala), Mr. Wimalasiri
       Perera (Moratuwa) and Mr. D P L C Perera (Panadura) to discuss the relevant
       matters.

       According to the complaint,
          1. 68 birth certificates have been distributed by the organisation and a
             further 56 are to be delivered to rescipients in the future.
          2. Dehiwala, Moratuwa and Panadura Divisional Secretariat Offices have
             received 105, 50 and 154 birth certificate application forms respectively.
          3. Problems
                 a. People unable to obtain birth certificate application forms from
                    the Divisional Secretariats
                 b. Problems in obtaining birth certificates from the Divisional
                    Secretariat Offices
                 c. 46 out of the 78 applications were considered as “rejected”
          4. Suggested solutions to problems by the organisation
                 a. To issue 3,000 applications required to obtain birth certificates
                 b. To support relevant Divisional Secretariats with officers and to
                    provide officers engaged in this activity
                 c. To prepare a procedure by which efficiency of the Moratuwa
                    Divisional Secretariat can be enhanced.

       Discussions with the concerned Divisional Secretaries revealed the following

           1. Summary of the situation

D.S         Date on which     Number of         Total          Total Number       Number of birth
Division    the last set of   applications in   number of      of         birth   certificates for
            applications      the last set      applications   certificates       which action
            were delivered                      delivered to   completed          should be taken
            to DS office                        DS office
Dehiwala    20 06 2005        89                38             29                 98




                                                                                       100
Moratuwa 22 06 2005            67                67                    Statistics not provided

Panadura    22 06 2005         120               644             556              88




           2. Some of the applications are considered as rejected applications as the
              information that people provide in application do not tally with the
              information available in the registers at the Divisional Secretariat
              offices

           3. The magnitude of the issue has been exaggerated in the complaint.

           4. According to the above figures, many of the birth certificate application
              have been forwarded to the Divisional Secretariat Offices between the
              20th and the 22nd of June 2005. The complaint letter has been sent to the
              DRMU on the 22nd of June 2005.

           5. Mr. A K S De Silva, “Tsunami Coordinator” representing an
              organisation called “Human Rights” has gone to the Divisional
              Secretariats to submit application forms and to collect birth certificates.


      Hekiththa - Gampaha District
      18th July 2005


      Introduction
      A field investigation was conducted by Ms. Nirekha De Silva, Mr. Asitha
      Punchihewa and Mr. Supun Govinnage of DRMU, following 230 complaints
      and a petition signed by villagers of Hekiththa, Wattala that was received on
      the 18th of July 2005. Four representatives from the village came to
      personally handed over the petition and to brief their problem to DRMU
      Officials.

      The field visit included random home visits and informal group discussions.
      Although the DRMU team was interested in meeting the Grama Niladhari,
      and discussing the issues of concern, he refused to meet the team as it was
      past working hours.


      Home Visits
      Homes of Tsunami affected in this village were visited randomly in order to
      identify damages caused by Tsunami. Almost all the houses we visited were
      partially damaged by Tsunami.




                                                                                       101
Houses Visited for Investigations include -
Mr. P Muttu of 44/84, Bund Rd, Hekiththa, Wattala
Mr. Lalith Fonseka of 44/24, Bund Rd, Hekiththa, Wattala
Ms. B Anjaline of 44/87, Bund Rd, Hekiththa, Wattala
Mr. Filix Devdasan of 44/25, Bund Rd, Hekiththa, Wattala
Mr. A Chisty of 44/39, Bund Rd, Hekiththa, Wattala
Mr. Andrew Fermila of 44/38, Bund Rd, Hekiththa, Wattala
Mr Upul Sanjeewa Perera of 42, Bund Rd, Hekiththa, Wattala
Mr. Karavitage Don Ajith of 42, Bund Rd, Hekiththa, Wattala
Ms. Anna Bridget Perera of 42, Bund Rd, Hekiththa, Wattala
A Haniffa of 60/17, Bund Rd, Hekiththa, Wattala
Mr. Jayaweera Arachchige Pradeep Chandana of 60/15, Bund Rd, Hekiththa,
Wattala
Mr. Stephen Nawaleswarie of 60/22, Bund Rd, Hekiththa Wattala
Mrs. Mary Margaret of 60/5, Bund Rd, Hekiththa Wattala
Mrs. Matilda Fonseka of 60/5, Bund Rd, Hekiththa Wattala
Mr. Jude Nandana of 65/5A, Bund Rd, Hekiththa Wattala
Mr. T Francis of 60/17, Bund Rd, Hekiththa Wattala

Informal Group Discussions
The informal group discussions with the villagers of Hekiththa were
conducted to gain a better understanding regarding matters of concern.
According to the Community, it seems that the affected community of
concern has been discriminated against in distributing aid and is neglected by
relevant Government Officials.


General Situation
This colony is located by the Kelani river and a canal way leading to the
Kelani river. Most of the damaged houses are within 40m from the river bank.
Most of the houses along with property have been either fully or partly
damaged due to the tsunami. None of these people own deeds eventhough
they have lived in the same location for about three generations. Most of the
people have no means of regular income and according to the people in the
area; most of the families did not have a regular income even before the
Tsunami. There are a few domestic industries, businesses, poultry farms,
piggeries and a small scale vegetable cultivation that have been reestablished
since the tsunami.


Damage to property

Almost all the people that have complained have experienced damage to
household equipment and structural damage to houses. Many persons have
repaired the damge to the property from the Rs. 5000 installments they have



                                                                          102
received. Yet, there are many more renovations to be done in these hosues.
The houses are similar to Transitional shelter given by the Government for
Tsunami affected persons.

The Damage Assessment Team led by the Grama Niladhari has visited the
house but the inhabitants are not particularly happy about the assessment.
All of them were initially told that they will be provided with Rs. 100,000 and
Rs. 250,000 according to the extent of the damage to houses. The current
situation is that only 12 persons from the village will be receiving any
assistance from the government related to housing. Out of the 12 names, we
investigated 3 houses, in which the name that appears in the list are not the
name of the head or an inhabitant of the household.

None of the families have received the Rs. 2,500 provided for each damaged
house to buy and to replace kitchen utensils that were lost due to the tsunami.

People believe the Grama Niladhari and the Divisional Secretary are
responsible for not paying the dues for the Tsunami affected persons living in
the Colony, in partially damaged wooden houses. They are also concerned
about a possibility of political influence against them that is related to the
situation described above.

Livelihood
They have received the Rs. 5,000 given by the government thrice. According
to the Grama Niladhari, only the 12 persons who will receive the
compensation for housing will receive Rs. 5,000 in the future. Villagers are
questioning the basis to take such random decision.

They have also received the Tsunami Stamps worth Rs. 375 weekly only till
May. The villagers are questioning if other Tsunami affected persons are
receiving the Tsunami Stamp, why don’t they have the right to visit the
Tsunami stamp.

Recommendations

Request the District Secretary of Gampaha to investigate on the issue and
report to DRMU.


Kattankudi: Batticaloa District
11th August 2005

 To investigate the problems relating to housing reallocation for those who
lost their houses within the 200 meter buffer zone in Kattankudi Divisional
                             Secretary Division




                                                                           103
The DRMU ( Nirekha and Niran) investigated a complaint received from a
member of the public on the 14th of August drawing attention to the fact that a
large group protesters were demanding that the work of rebuilding
permanent housing for those within the 200 meter buffer zone be commenced
immediately. The protesters were protesting continuously outside the
Kattankudi Divivional Secretariat for a period of three days.

The DRMU team first visited one of the villages in the Division – Zahira, and
spoke to the representative of EHED\CARITAS Mr. Mohamed Rauff who
said that the problem was caused due to the impatience of the people in lieu
of the fact that they were left in the dark with regard to the permanent
housing, the responsibility for which they believed to be with the
Government. Mr. Rauff pointed out that EHED had built all the temporary
shelters in the area and were rebuilding permanent houses for those outside
the buffer zone, but were not mandated to build for those within it. He also
said that he believed the problem to have been settled due to the intervention
of Minister Moulavi who had a meeting with the GA Batticaloa and the
representatives of the protesters.

Further, Mr. Moulavi, a tsunami affected person in the area said that he was
satisfied that with the Ministers promise that rebuilding will start within a
fortnight but that if this promise were not to be fulfilled the people would
recommence the protest.

Mr. A.L.M Faleel, Divisional Secretary for Kattankudi says that the primary
demand of the people was that the permanent houses be rebuilt before the
onset of the rainy season in the latter part of the year. He referred to the
meeting between the Minister , the GA and the people and said that the
matter had been settled amicably with the GA promising to direct the relevant
DS’s to allocate the requisite land for rebuilding.

Responding to question as to why the problem had arisen in the first place,
the DS said that there was a shortage of state land in the Kattankudi DS
division and therefore the DS had to allocate land in the adjoining
Arayampathi DS division. He claimed that this land belonged to the Mosque
Society and was private land. However, the Arayampathi Divisional Secretary
had not permitted this land to be allocated, the reason being that Kattankudi
was predominantly a Muslim area and Arayampathi a Tamil one. The
Kattankudi DS felt that the Arayampathi DS had reservations because he
feared that a large scale migration of Muslims into a Tamil area might cause
ethnic disturbances. The DS said that the Secreatariat was conducting a
survey into how many families were affected as the GN statistics and those of
the Statistical Dept. yield vastly dissimilar results. ICRC was to build 178
houses but the MOU had yet to be signed as the land had not been allocated
and confirmed as such.




                                                                           104
The DRMU team was unable to meet the DS of Arayampathy but spoke to the
Assistant DS instead. He informed the team that the DS of a division had the
responsibility of earmarking land (either state or private) within his division
and that although there was ample private land in Kattankudi this land was
not being utilized due to political pressure and that he was against the
allocation made by the Kattankudi DS. However he said that directives given
by the GA were binding on the DS and that if a decision had been made by
the GA then they would be obliged to act accordingly.

The team realized that the problem was much more deep-seated than it
originally seemed when we were informed that most of those who were
affected by the tsunami inside the buffer zone were those who originally from
Siharam and Ollikulam- villages from Ariyampathy but who were displaced
during the war in the early 90’s. However, after the tsunami they wished to
relocate in the villages of Siharam and Ollikulam. However, the ADS said that
they were willing to relocate these individuals if they were considered war
IDP’s but that if they were considered to be tsunami victims then the
responsibility of relocation falls on the DS of the area in which they were
affected and thus the land to be allocated will have to be chosen from that
area itself.

The situation will have to be followed up and monitored carefully since it is a
volatile situation and capable of erupting.

The problem raises some human rights issues of some importance. On the one
hand the issue of freedom of movement and the right of the affected Muslim
people to relocate in their original villages has to be considered. It must also
be questioned as to whether any area can be determined to be the domain of a
certain ethnic group to the exclusion of other ethnic groups. However these
issues will have to be weighed against the question of ethnic harmony and the
effect of a large scale migration and its ramifications relating to the peaceful
and harmonious existence of both parties concerned.


Ninthavur– Ampara District

To investigate the problems relating to housing reallocation for those who lost
their houses within the 200 meter buffer zone in Ninthavur Divisional
Secretary Division

August 26th 2005


The DRMU Staff (Nirekha De Silva, Thishya Weregoda and Niran Anketelle)
investigated a complaint received from Prof. Gudren Kramer from Institute
for Integrative Conflict Transformation and Peacebuilding, Vienna, Austria



                                                                            105
who is a donor of 250 houses in Ninthavur, which is build through
Sarvodaya.


Complaint

GN Division 1 to 8 in Ninthavur is affected by Tsunami. Majority living in the
affected area are Muslim Community. Government has identified private land
of 40 acres in an adjoining GN Division for the Tsunami affected IDP
Community. The land is owned by Muslims. Yet the majority of the
community in Ninthavur is Tamil. A leaflet has been issued by non-identified
source requesting Muslims not to move into the identified land, suggesting
that the ethnic composition of the GN Division will be affected.


Response by the Community in GN Division 1 to 8

The Tsunami affected community is not willing to move to the identified land
as they also feel they are not comfortable in moving to the identified
neighborhood.




Mr. S. L.M. Hasim
Divisional Secretary, Ninthavur

 According to the Divisional Secretary, at first, the Tsunami IDPs were not
willing to move to the land selected by the Government. Yet after conducting
a meeting and explaining to them the benefits they would receive if they
move to the place identified by the Government, they were willing to move.
But, after the distribution of the leaflet people are scared to resettle in the new
land.

 Ninthavur Division does not possess any state land to resettle the Tsunami
victims. The identified land is private land owned by Muslim persons.
Government has already discussed and made arrangements to purchase 40
acres. 11 acres out of 40 have been already purchased by Courier Aid Austria,
through Sarvodaya. There are other private land available in the Division if it
is necessary but the process will take a longer time.


Recommendations

On one hand, if the Muslim Community is not willing to move to the
identified location and on the other hand if the host Community is not willing



                                                                               106
to accept the Tsunami IDPs, it is recommended to find alternative land to
resettle the Tsunami IDPs. Considering the Right to Movement of the
Citizens of Sri Lanka, the IDP Communities Right to decide on the place of
residence should be respected.

The situation will have to be followed up and monitored carefully since it is a
volatile situation and capable of erupting.




Pullmude – Trincomalee District
24th October 2005

Introduction

A field investigation was conducted by Mr. Asitha Punchihewa and Ms.
Nirekha De Silva of DRMU, following a complaint and a petition signed by
villagers of Pullmudi, which was handed over to DRMU personally by Mr.
Aifkhan, on 18th of October 2005.

The Petition
The Petition signed by 190 persons of Pullmude, was sent with a covering
note signed by the President and the Secretary of the Al Masjidul Hairiya
Mosque of Hairiya Nagar, Division number 1 of Pullmude. According to the
Petition 190 Muslim families and Tamil families in Pullmude are entitled to
receive Tsunami allowances. The complainants are requesting to make the
payments before the 25th of October 2005 in order to celebrate the Holy
Ramazan Festival.

The Complaint
Mr. Aifkhan is a Community Activist working for the community in
Pullmude. He has promised the community that he will somehow obtain the
livelihood allowance of Rs.5000, which is given for the loss of livelihood due
to Tsunami to the families who have not received the allowance to date. He is
also campaigning to get the next livelihood allowance installment before 25 th
October, for persons who have already received the 1st, 2nd and/ or 3rd
installments.

Up to now he has been able to campaign and get the livelihood allowance for
Businessmen who have shops in the town and who are dealing with
transporting fishing. All the Fishermen who have the Fisheries identity cards
and the persons Grama Niladhari has identified as being involved in fishing
is also receiving the Livelihood allowance. The persons who are not receiving
the allowance are the secondary beneficiaries of the local fishing industry.

Consultation


                                                                           107
About 100 Villagers, mainly from Pullmude Division 1 were present at the
Consultation that was held on 24th October 2005. Mr. Punchihewa and Ms. De
Silva from DRMU facilitated the Consultation process. Acting Grama
Niladhari for Pullmude Division 1 and the President of the Mosque were also
present.

The following issues were discussed-

1. Rs.375 Food Stamp
Majority of the villagers have received Rs.375 Food Stamp after demanding
the Divisional Secretary, Kuchchaveli on repeated occasions. The problem at
the moment is that the people are finding it difficult to obtain food or cash
from the Cooperative.

2. 3rd and 4th Installment of Rs.5000
Some of the persons of Pullmude have received the 3rd installment of Rs. 5000
while some persons who received the 1st and 2nd installment have not
received the 3rd installment.
3. Livelihood Allowance for persons who haven’t received it to-date
The Secondary beneficiaries of the Fishing industry, who have not received
the Livelihood allowance, are requesting the Livelihood Allowance.


Discussion at the Fisheries Cooperatives
The Pullmude has two Fisheries Cooperatives (One Cooperative is for
Division one and two while the other Cooperative is for Division three and
four) The DRMU staff interviewed Mr. Haniffa, the President of the Fisheries
Cooperative (for Division one and two) as well as Mr. Mohamed Haniffa
Rahim, the Secretary of the Fisheries Cooperative Development Society (for
Division 3 and 4)

The DRMU requested Fisheries Cooperative Membership lists from both
Cooperatives. The membership has increased tremendously after the
Tsunami. Yet, most persons who have not received the Livelihood allowance
to-date and who are requesting for the allowance as secondary beneficiaries of
the local fishing industry are not members of the Fisheries Cooperative
according to the Officials of the Cooperative and according to Mr. Aifkhan.

According to the Fisheries Cooperative Officials, the livelihood in Pullmude
has been restored. Almost all the Fishermen, Fish Trade persons, Fish
Transporters and the secondary beneficiaries of Fish industry have resumed
their livelihood activities. Pullmude Fishing community has received three
boats and 300 canoes as aid from various NGOs.

Additional Secretary for Trincomalee, (Mr. Nadaraja) and Divisional
Secretary of Kuchiveli’s Response



                                                                          108
As a result of a mistake in interpreting the circulars the Government
Authorities have given Compensation for most of the persons who petitioned
and requested the Livelihood Allowance of Rs.5000. The mistakes have
caused an Audit Inquiry. The Government Authorities will not repeat such
mistakes.

The livelihood in Pullmude has been restored to a great extent. According to
the newest circular, livelihood allowance should be given only for those
whose livelihood has not been restored. Accordingly, only 36 persons qualify
to get the allowance from Pullmude.

DRMU Recommendations

1. As the Livelihood have been restored in Pullmude and as the secondary
beneficiaries of fishing industry who are currently not receiving the livelihood
compensation do not have a way of proving their livelihood was affected by
the Tsunami (i.e., Membership of Fisheries Cooperative, Grama Niladhari
records, Profession mentioned in the National Identity Card, etc.) payment of
Livelihood Compensation can not be recommended for persons who have not
received compensation up to date.

2. It is only the persons identified by the Grama Niladhari who qualify for
Tsunami Food Stamps.

Vinayagapuram – Ampara District
11th – 14th November 2005

Mr. Asitha Punchihewa and Ms. Nirekha De Silva conducted meetings with
several individuals, Government officials regarding a complaint received
from the District of Ampara on the 11th and the 14th November 2005.

The problem

      Uneven distribution of housing compensation among the affected in
      the Vinayagapuram I and Vinayagapuram II GN Divisions in the DS
      Division of Thirukkovil. Some affected persons are left out for housing
      compensation whereas some unaffected persons have been approved
      for housing compensation.

      People who are entitled to receive compensation have been asked to
      divide the 1st installment that they receive among the persons in the
      village who have not received the compensation.

      The Grama Niladharis being pressurized by the villagers, the
      Divisional Secretary as well as the LTTE. A new Grama Niladhari has
      been appointed by the Divisional Secretary, Thirukkovil to assist the
      Damage Assessment Team in Vinayagapuram I, half way through the


                                                                            109
       damage assessment process with the involvement of the regular Grama
       Giladhari in area.

       The LTTE demanding the identified beneficiaries for housing
       compensation to split the first installment of housing compensation
       with the unaffected.


Meetings Conducted

   Mr. Asanka Abeywardene, the Additional District Secretary, Ampara

          o When inquired about the above problem, Mr. Abeywardene did
            not have any form of information regarding the matter.
            Moreover, Mr. Abeywardene was keen on finding out the facts
            on the issue.

   Mr. Kandiah Rajmony, Consortium of Humanitarian Agencies

          o Kandiah Rajmony is the CHA’s regional coordinator for the
            Ampara District who has informed DRMU on the above
            problems. He is a villager of Vinayagapuram I.
          o The villagers of Vinayagapuram I are demanding the
            beneficiaries of Tsunami housing compensation to divide the
            money that they receive among the unaffected.
          o This problem has gone even to the LTTE, and they have no way
            of controlling the situation in Vinayagapuram. Therefore, the
            above solution was given by them.
          o Mr. Rajmony’s house (A clay house) is hardly damaged and he
            has not applied for compensation.

   Mr. Kanapathipillai, Grama Niladhari, Vinayagapuram II Division

          o They (Mr. Kanapathipillai and the DAT) have identified 143
            houses as damaged houses
          o Only 107 houses have been provided with damage assessment
            application forms. Therefore 36 forms are short.
          o The previous Grama Niladhari (Mr. Loganathan) engaged in the
            Damage Assessment alongside the DAT, selected 65 houses for
            compensation. Since Mr. Kanapathipillai started to assist the
            DAT in assessing damages as requested by the Divisional
            Secretary, he has selected 78 more beneficiaries for housing
            compensation.
          o The Divisional Secretary has decided to replace Mr. Loganathan
            with Mr. Kanapathipillai due to Mr. Loganathan’s inefficiency
            and unpopularity.


                                                                        110
   Mr. Loganathan, Grama Niladhari, Vinayagapuram I Division

          o There are no problems with regard to issuing Rs. 5,000 and
            Rs.375 worth of dry rations.
          o There are 60 fully damaged houses (built out of clay) in the
            Vinayagapuram Division I. The total number of houses is 334
            out of which most are partially damaged. The Rs. 100,000 that
            some of the Tsunami affected are entitled to receive is to be
            divided among the unaffected according to the villagers of
            Vinayagapuram I and the LTTE
          o Mr. Loganathan has assisted the DAT in assessing damages and
            the team has selected 65 beneficiaries at the time of his removal
            by the Divisional Secretary.
          o Even when the replacement Grama Niladhari, Mr.
            Kanapathipillai assisted the DAT, Mr. Loganathan was asked to
            sign on behalf of Mr. Kanapathipillai. Mr. Loganathan has given
            a letter to the DS regarding this matter where Mr. Loganathan
            has to sign for work conducted by Mr. Kanapathipillai, as
            advised by the Divisional Secretary.
          o Mr. P Ravithasan, a Samurdhi Officer has threatened to kill Mr.
            Loganathan for not approving his house for compensation. Mr.
            E Prabhakaran, a Samurdhi Officer has threatened to assault Mr.
            Loganathan for not approving his grand mother’s house for
            compensation. Mr. Loganathan has requested the Divisional
            Secretary to hold an inquiry, which has already been conducted.
            A report on the above inquiry has not yet been produced by the
            Divisional Secretary.
          o According to Mr. Loganathan, he is popular among the villagers
            of Vinayagapuram and the problem that the people have is with
            the Divisional Secretary.

   Mr. Prabhakaran, Samurdhi Officer, Vinayagapuram

          o Mr. Prabhakaran has argued with Mr. Loganathan as his
            grandmother’s house was not approved for compensation.
          o According to Mr. Prabhakaran, what he has mentioned during
            the argument is that the villagers might assault Mr. Loganathan
            if he performs his duties in the current manner.
          o Mr. Prabhakaran’s house was visited and there are no obvious
            damages to the house even though they have received
            compensation for partial damage of houses.

   Mr. Karan, the Divisional Secretary, Thirukkovil




                                                                         111
        o 107 and 109 Housing Grant forms (damage assessment forms)
          have been received by him for Vinayagapuram I and II GN
          Divisions respectively
        o 3042 such forms were issued within the DS Division of
          Thirukkovil
        o 1st team (which involved Mr. Loganathan) selected 92 houses
          for compensation.
        o Most of the people in Vinayagapuram are unauthorized settlers
          in a private property, but they have permits issued from the DS
          office and the people have been living there since 1990.
        o DS accepts that some of the people in Division II have got
          Government Compensation for housing even though they are
          not affected.
        o The DS first said that Mr. Loganathan has approved houses of
          his friends and relatives for compensation even when they are
          not damaged, but on the other hand also suggested that there
          are no evidence to prove the point.
        o The DS has held an inquiry on Mr. Loganathan’s poor capacity
          to work, with the Administration Officer (AO) of the DS Office,
          but a report on the inquiry has not yet been produced.
        o Mr. Loganathan is a GN, a JP and an Ayurvedik Medical
          Practitioner. Considering the fact that he is engaged in three
          entirely different jobs from one another, the DS suggests
          whether it is possible to perform the duty of a Grama Niladhari
          effectively.
        o Before the Divisional Secretary intervened, Mr. Loganathan has
          produced a nil report while the other Grama Niladharis were
          showing progress with the damage assessment in their
          respective divisions.



Generalized Findings of DRMU

  1. The assessment of damage is not consistent. Unaffected houses too
     have been assessed as partially damaged houses. Some people have
     forced Government officials to recommend their houses for partial
     damage.

  2. The houses which the first DAT (which included Mr. Loganathan) has
     estimated as un-damaged has been reconsidered by the second DAT
     (which included Mr. Kanapathipillai Rajatnam) as partially damaged.

  3. As a result of poor understanding of housing policies, people in
     Vinayagapuram I are seeking Government grants on housing
     regardless of the damage due to Tsunami.



                                                                     112
  4. Mr. Loganathan, GN of the Vinayagapuram Division I has been
     pressurized by the villagers to pay compensation for un-damaged
     houses. There have been many death threats to Mr. Loganathan by
     Villagers, including two Samurdhi Officers (Mr. E Prabakaran and MR,
     P Ravidasan) who have forced him to pay compensation for their
     houses.

  5. Before the DAT has completed its assessment, the Divisional Secretary
     has given an approximate estimate of 107 damaged houses. As a result,
     the GN division Vinayagapuram I has received only 107 forms,
     eventhough there are 143 houses identified as partially damaged by the
     DAT.

  6. Up to date the villagers in Vinayagapuram I have not received the first
     installment of housing compensation.

  7. Mr. Loganathan has reported to the Human Rights Commission
     Regional Office in Kalmunai that his promotion was withheld by MR,
     Karan, the Acting Divisional Secretary. Mr. Manoharan, the Regional
     Coordinator of the HRC Kalmunai has summoned the Divisional
     Secretary for an inquiry but he has not turned up.

  8. As in many areas of the Districts of Ampara and Batticaloa, there is a
     shortage of Damage assessment application forms in the respective
     District Secretariats that has hamstrung the damage assessment process
     in village level.

  9. Mr. Karan, Additional Divisional Secretary is incompetent in carrying
     out the Divisional Secretary’s role because of his inexperience in the
     Government Administration. He has informed the District Secretary of
     Ampara several times about his plight and has also denied the
     promotion as the Divisional Secretary. The District Secretary has
     requested Mr. Karan to carry out the duties of the Divisional Secretary
     only for 3 months, until he nominate a new Divisional Secretary.
     Eventhough 7 months have passed since allocating the duties, still a
     new Divisional Secretary has not been appointed.


DRMU Recommendations

  1. Educate the Government officials including the Additional Divisional
     Secretary and Grama Niladharies regarding Tsunami Aid and housing
     policies.




                                                                        113
   2. Educate the Villagers in Vinayagapuram I ands II regarding Tsunami
      aid and housing policies.

   3. Appoint a new damage Assessment team and re-asses all houses in
      Vinayagapuram I and II.

   4. Provide the needed number of Damage Assessment Application forms
      after re-assessment.

   5. Request the District Secretary to investigate as to why Mr. Loganathan
      was not given the due promotion.

   6. Request the District Secretary to carry out an inquiry regarding the
      complaint lodged by Mr. Loganathan about the death threats by
      Samurdhi Officers and to produce a report.

   7. It is recommended to appoint a new Divisional Secretary to the
      Division.

   8. Should increase the capacity of Thirukkovil Divisional Secretariat
      Division.




Meeting with Mr. H M Herath Abeyweera, District Secretary, Ampara. 2nd
December 2005

Even though the meeting with the Additional District Secretary Mr.
Abeywardene was originally scheduled for 15.00 on the 2nd December 2005 at
the District Secretariat, the Additional District Secretary was absent for the
meeting without any prior notification.

Therefore, the meeting was held with the District Secretary, Ampara, Mr. H M
Herath Abeyweera at 16.00.

According to the District Secretary
 Unlike in the South and the West where the Government Officials have
   some authority over the people, the situation is different in the North and
   the East where the Government Officials have little control over the
   people.
 Partial damage component of the assessment process should have been
   further categorized.

The District Secretary assured to look into issues within the Vinayagapuram
and recommendations of the DRMU seriously and will take the following
steps


                                                                          114
         1. To conduct a fresh Damage Assessment within the Vinayagapuram I
            GN Division.
         2. To replace the existing Additional Divisional Secretary (Acting
            Divisional Secretary) who is relatively inexperienced with an
            experienced person.

      Manmunai North - Batticaloa
      01st and 2nd December 2005

      Mr. Asitha Punchihewa and Ms. Praveena of DRMU went to Batticaloa to
      investigate a complaint lodged by a group of 46 people in the Village of
      Kalladi, in the Divisional Secretariat Division of Manmunai North.

      Background
      The complainants live in the 1st Cross Street, Pullair Kovil Road Kalladi (171 C
      Kalladi Grama Niladhari Division), where the Grama Niladhari is Mr.
      Jeganathan. Even though the area of concern is within the Tsunami affected
      area, damage caused by the Tsunami cannot be considered as devastating, in
      relative terms. There were no signs of fully damaged houses in the area.

      The Problem
      Affected houses in the Eastern side of the 1st Cross Street have been
      considered for housing compensation whereas the houses in the Western side
      of the 1st Cross Street have not been considered for housing compensation.

      Methodology Used
        o Houses of the complainants (who are on the Western side of the road)
           were visited at random in order to identify damages.
        o Houses of some individuals who have been granted the first
           installment of housing compensation for partial damage (who are on
           the Eastern side of the road) were also visited in order to identify the
           comparative difference between the damages to houses that have
           received assistance and that have not received assistance.
        o Meeting with the Grama Niladhari, Mr. Jeganathan
        o Meeting with the Divisional Secretary, Mr. Srisankar
        o Meeting with the Additional District Secretary, Mr. Maheshan

     Houses that have not been considered for housing compensation
Name           Address          Details                            Recommendation




                                                                                  115
Ms. Arulamma 8/11, 1st Cross There are obvious, wide cracks on                 Provide the required
Rajakopa        Street            walls and floor that have been               Damage Assessment
                                  identified and marked by the                 Application forms to
                                  Damage Assessment Team (DAT).                the Division through
                                  She has been told by the Grama               the District Secretariat.
                                  Niladhari that there is a shortage of
                                  Damage Assessment Application
                                  forms, which is the sole reason for
                                  not being able to grant the
                                  compensation.
Ms. Pushparani 8/11, 1   st Cross There are cracks on walls and floor,         Requires             a
Rajaratnam      Street            but not wide. Given that house has           reassessment by a TO.
                                  been built in 1998, cracks may have
                                  been caused by the Tsunami. The
                                  Technical Officer (TO) has requested
                                  her to ask the Divisional Secretary
                                  about     the   outcome     of    the
                                  assessment. When she has gone to
                                  the DS, the answer has been “there
                                  is no damage to your property
                                  according to the Grama Niladhari”.
Ms.      Logini 30, 1  st Cross There are obvious, wide cracks on  Request    from     the
Magindra        Street            walls and floor that have been   District Secretary to
                                  identified    by     the         report as to why they
                                                               Damage
                                  Assessment Team (DAT).           are not yet been
                                                                   considered for housing
                                                                   entitlements for partial
                                                                   damage.
Ms. Anushanthi 30/1, 1st Cross There are cracks on walls, but not Requires                a
Magindra        Street          wide.                              reassessment by a TO
Mr.      Daniel 34, 1  st Cross There are cracks on walls          Requires               a
Periapanayagam Street                                              reassessment by a TO
Rajendram
Mr.           E 40, 1st Cross There are obvious, wide cracks on Request       from     the
Somasundaram Street             walls and floor that have been District Secretary to
                                identified    by     the   Damage report as to why they
                                Assessment Team (DAT).             are not yet been
                                                                   considered for housing
                                                                   entitlements for partial
                                                                   damage.
Mr.          K. 46/5, 1st Cross There are cracks on walls, but not Requires               a
Sivaneshan      Street          prominent as in most of the other reassessment by a TO
                                damaged houses.


       Houses that have been granted the first installment of housing compensation


                                                                                       116
Name           Address         Details
Mr.          E 46/2, 1st Cross Mr. Yogaratnam’s house is next to Mr. Sivaneshan’s house.
Yogartnam      Street          They have been granted the first installment (Rs. 50,000) of the
                               Rs. 100,000 given for partial damage of houses due to
                               Tsunami. There are cracks on walls, but not as obvious as in
                               some of the houses on the other side of the street.
Mr. Sivanandan 37, 1  st Cross There are cracks on walls and floor, but not any different

               Street          when comparing the damages with that of houses on the
                               other side of the road, that have not received housing
                               compensation.


              According to Mr. Jeganathan, the Grama Niladhari of the 171 C Kalladi
              Division

          o Water has come to the Eastern side of the road but not to the Western side of
            the road.

          o All the families, including the ones he considered unaffected by the Tsunami
            have been provided with the Rs. 2,500 (to replace kitchen utensils), Rs. 5,000
            (livelihood support) and Rs. 375 (food stamps).

          o The Rs. 2,500, Rs. 5,000, and Rs. 375 were provided on the basis of
            displacement, but not considering damage to houses by Tsunami, affected
            livelihood due to Tsunami as advised by the Divisional Secretary. Moreover,
            the other Grama Niladharis in the Division too have followed the same
            procedure as advised by the Divisional Secretary. If that is so, the Divisional
            Secretary has advised the Grama Niladharis without considering the
            Government Circulars that clearly state on what basis the beneficiaries of Rs.
            2,500, Rs. 5,000 and Rs. 375 are to be selected.

          o Technical Officer has made the decisions without the Grama Nildhari’s
            interference. The Grama Niladhari has directed the Technical Officer to the
            affected areas of the Division.

          o In the Division,        799 families
                                    475 families were affected
                                    484 forms were made available
                                    78 families are unauthorized dwellers



       According to Mr. K Maheshan, the Additional District Secretary of Batticaloa

          o He is not aware of such a complaint, but there are issues arising from that area
            with regard to bribery and misconduct or which he has sent a letter to the
            Divisional Secretary, Manmunai North instructing him to hold an inquiry on
            the alleged activities of the Grama Niladhari, 171 C Kalladi.


                                                                                        117
   o Nothing can be done with regard to housing assessment as the dead line is
     over. In order to reassess, a policy decision should be taken.
   o There are sufficient number of damage Assessment Application forms
     available in the District of Batticaloa. The number of application forms
     required was informed to the TAFREN after assessing the houses by the Gram
     Niladharis.

According to Mr. Srisankar, the Divisional Secretary of the Manmunai North
Division

   o The Technical Officer might have made mistakes in assessing the damages to
     houses due to the Tsunami.
   o Nothing can be done now as the dead line to apply for housing compensation
     and reassessment process is over
   o Believes that this particular area is not Tsunami affected. There are 8 such GN
     Divisions in his DS area, where there is a similar situation.
   o As told by the Grama Niladhari of 171 C Kalladi Division, all the activities
     that have been carried out by the Grama Niladhari has been done under the
     instructions of the Divisional Secretary of Manmunai North.
   o The Divisional Secretary has advised the Grama Niladharis to provide
     Tsunami assistance to the people without considering the Government
     Circulars that clearly state on what basis the beneficiaries of Rs. 2,500, Rs.
     5,000 and Rs. 375 are to be selected.
   o The reason given for not following the instructions given in the Government
     Circulars is that they receive Government Circulars late. (E.g. the Rs. 2,500
     given to families to replace kitchen utensils, were given even to the so called
     unaffected people on the basis of displacement, as the Government circular on
     the particular topic came to him after the payment.
   o There is no shortage of Damage Assessment Application forms in the
     Manmunai North Divisional Secretariat Division.
     DRMU Findings and Recommendations

   o The Divisional Secretary or the Grama Niladhari has not followed instructions
     given to him through the Government Circulars

   o Reassessment should be done by a Technical Officer (Not the same officer
     who has done the assessment earlier) in the 1st Cross Street, Pullair Kovil
     Road Kalladi. It is also recommended that a reassessment be conducted within
     the concerned areas in the 8 GN Divisions in Manmunai North DS Division.

   o All the Government officials at the GN Level, the DS Level and the District
     Level have stated that there is no shortage of Damage Assessment Application
     Forms, even though many people have been told by the Technical Officers and
     the Grama Niladhris that there is a shortage in supplying such forms.

   o As it seems that there is a case of misconduct by Government officials at some
     point in the hierarchical level it is recommended to hold a detailed inquiry
     involving
       1.    The District Secretary of Batticaloa, Mr. Punyamurthi
       2.    The Additional District Secretary of Batticaloa, Mr. K Maheshan


                                                                                118
         3.    The Divisional Secretary of Manmunai North, Mr. Srisankar
         4.    The Grama Niladhari of 171 C Kalladi Division, Mr. Jeganathan
         5.    The Technical Officer involved, Mr. Jeevraj
         6.    Members of the Village Rehabilitation Committee, 171 Kalladi GN
                Division, Mr. T Kirubairethan, Mr. K Erambamoorthy and Mr. V
                Umpathybalan
         7.    Some of the petitioners who can represent the whole community

    o The dead line in applying for housing compensation should be altered leaving
      room for reassessment processes at the District Level as well as for particular
      cases recommended by the DRMU.




Working Group on Relief Monitoring

Our Unit in partnership with the Consortium for Humanitarian Agencies
(CHA) has established a Working Group on Relief Monitoring. The objectives
of the working group are:
     To discuss the field situation and inconsistencies in the relief
       distribution process
     To determine discrepancies in relief distribution activities carried out
       by the Government and NGOs
     To protect the right of access to relief of Children, Women and
       Minority communities
     To develop policy recommendations on appropriate measures of relief
       distribution.

The Working Group conducts weekly meetings for National Level
Stakeholders in the Post-Tsunami Relief Distribution process, including UN
Organizations, INGOs and National Level NGOs. Members of the Working
Group are as follows-

#     Name                                 Organization

1     Mr. Lionel Fernado                   Disaster Relief Monitoring Unit
                                           (DRMU)
2     Mr. Y.K.H. De Silva                  Disaster Relief Monitoring Unit
                                           (DRMU)
3     Ms. Nirekha De Silva                 Disaster Relief Monitoring Unit
                                           (DRMU)
4     Mr. Asitha Punchhewa                 Disaster Relief Monitoring Unit
                                           (DRMU)
5     Mr. Amal De Chickera                 Disaster Relief Monitoring Unit



                                                                                 119
                                 (DRMU)
6    Mr. Supun Govinnage         Disaster Relief Monitoring Unit
                                 (DRMU)
7    Ms. Santhi Faiia            Disaster Relief Monitoring Unit
                                 (DRMU) Women’s Division
8    Mr. Jeevan Thiagarajah      Consortium of Humanitarian
                                 Agencies
9    Ms. Parveen A Gaffer        Consortium of Humanitarian
                                 Agencies (CHA)
10   Mr. Kannan Arunasalam       Consortium of Humanitarian
                                 Agencies (CHA)
11   Ms. Dhanya Ratnavale        Consortium of Humanitarian
                                 Agencies (CHA)
12   Ms. Dinusha Pathrajah       Consortium of Humanitarian
                                 Agencies (CHA)
13   Mr. Rory Mungoven           UN Country Team
14   Ms. Derene Aponso           UNHCR
15   Mr. Bo Victor Nyland        UNICEF
16   Mr. Debert Eric             UNICEF
17   Mr. David Evans             UN OCHA (VSO)
18   Mr. Namal Gunaratna         UN OCHA
19   Mr. Harsha De Silva         THRU
20   Ms. Cyrene Siriwardhana     Centre for Policy Alternatives (CPA)
21   Mr. Nikhil Narayan          Centre for Policy Alternatives (CPA)
22   Mr. William Knox            Non Violent Peace Force (NVPF)
23   Ms. Dharshini Croos         Non Violent Peace Force (NVPF)
24   Ms. Ayomi Miriyagalla       Non Violent Peace Force (NVPF)
25   Mr. Nimalan Karthekayan     Tamil Rehabilitation Organization
                                 (TRO)
26   Dr. Jehan Perera            National Peace Council (NPC)
27   Mr. Nilhan De Mel           National Peace Council (NPC)
28   Ms. Maria Bermew            Foundation for Co-Existence (FCE)
29   Mr. Dinidu Endaragalle      Foundation for Co-Existence (FCE)
30   Ms. Jane Thomson            Oxfam Australia
31   Ms. Ronnate Asirwatham      Oxfam GB
32   Mr. Rohana Hettiarachchi    PAFFREL
33   Mr. Buddika Hapitaochchi    ITDG South Asia
34   Ms. Wasana Ellawalla        Institute of Human Rights




Terms of Reference for Working Group on Relief Monitoring and the
responsible organizations are as follows-

#    Terms of Reference                                 Responsible
                                                        Organization


                                                                   120
1    Study the available structures of relief distributing         UNHCR
     and monitoring in National, District and                      UNICEF
     Divisional level and report the inconsistencies.              FCE

2    Analyse the human rights impact of Government                 NPC
     policies on relief and reconstruction activities.             CPA
                                                                   CHA
                                                                   TRO
                                                                   PAFEREL
3    Develop minimum standards for the District                    DRMU
     Secretaries to report on relief and reconstruction
     activities on weekly basis.

4    Analyse the relief and reconstruction activities              DRMU
     carried out by District Secretaries and report on
     inconsistencies and discrimination.

5    Follow-up to complaints received by DRMU and                  DRMU
     partners from affected persons.                               IHR

6    Carry out research on different sectors of relief
     and reconstruction activities and develop
     recommendations on effective implementation of
     activities.

7    Develop effective information dissemination                   CHA
     processes.                                                    DRMU

8    Discuss mechanisms of addressing discrimination               DRMU
     based on Gender.                                              Women’s Unit

9    Develop alternative relief policies for Tsunami
     victims who don’t qualify under the Government
     criteria.

10   In collaboration with IDP Project, monitor for                DRMU
     equity between Tsunami affected IDPs and War                  HRC IDP Unit
     affected IDPs.                                                CHA




Code of Conduct for Civil Servants

It was identified that a Code of Conduct for state officials with regard to relief
and reconstruction activities is a necessary mechanism to ensure the just and


                                                                              121
equitable distribution of resources. As a result we have developed a Code of
Conduct applicable to State Officials. The Code is based on the UNHCR
Guiding principles on Internally Displacement and deals with three key
factors.
    1. Good governance;
    2. The role of the Government;
    3. The role of Civil Society/Local Community in decision-making

              CODE OF CONDUCT FOR CIVIL SERVANTS

Allocation of Resources
      The allocation of resources both domestic and international should be
      strictly guided by the identified needs and local priorities.

      There should be no discrimination on the basis of political, religious,
      ethnic or gender considerations in the process of allocating resources.

      Reconstruction intervention should be done in such a way as to build
      confidence between different actors in the process.

      Reconstruction should be sensitive to the impact on neighbouring but
      unaffected communities.

Plan and Strategy
      The strategy should be based on the principle of subsidiary, meaning
      each reconstruction activity should be designed and implemented at
      the lowest competent tier of government.

      While the Central Government should play the lead role in setting
      standards, policies and principles, the hierarchical levels of Provincial
      and Local Administration should play a key role.

      The recovery plan to be primarily based at District level would provide
      for capacity building and strengthening at various levels of
      governance. Special emphasis on District and Divisional level as well
      as local civil society organizations is necessary.

      The recovery strategy should focus on the medium and long term
      needs of the victims themselves.

Community Empowerment
    Enhanced and solid consultation with local affected communities and
    stakeholders is essential.

      Local communities should be empowered to make their own decisions
      during recovery and participate fully in reconstruction activities.



                                                                           122
      All interventions need to respond to clearly identified and articulated
      needs of local communities, respecting local religion, culture,
      structures and customs. This is especially important with respect to
      the policies related to shelter and relocation, which should not proceed
      without such full consultation.

      Communities should be assisted to return to their original homes as
      swiftly as possible.

      Local capacities should be harnessed to maximize the speed of
      recovery.

Information sharing and transparency
      Effective communication and transparency in decision-making is
      mandatory.

      Mechanisms should be enhanced to ensure access to information
      regarding policies, entitlements and implementation procedures and to
      permit more regular feedback to implementing authorities as well as
      grievance redress.

      Mechanisms to ensure transparency in resource use and
      comprehensive accounting must be enhanced at the aggregate,
      programme and beneficiary levels, accompanied by more effective
      monitoring and evaluation systems, to permit a full accounting to
      Parliament, development partners, civil society and the affected
      communities themselves of resources deployed from all sources.

Anti-Corruption
      All parties should reaffirm their policy of zero tolerance for corrupt
      practices in this joint effort.

Disaster Management
      Reconstruction processes should reduce future vulnerabilities to
      natural hazards such as floods, cyclones and landslides.

      A multi-hazard risk approach should be used during the recovery
      phase to ensure that communities and assets are less vulnerable to
      future disasters, while balancing the social costs of excessive
      resettlement.

      This approach should be guided by international standards and best
      practices in design and asset management.




                                                                          123
       All the above considerations suggest a number of factors that will need
       to be built into the analysis of individual interventions.

       They should be analyzed for their potential impact of the cease-fire and
       the prospects for peace. For long-term sustainability, such
       interventions should also incorporate considerations such as good
       governance,      gender-sensitivity,    environmental        protection,
       resettlement, land issues and most importantly human rights concerns.

       The process should be guided by international standards and best
       practices for protection, with special attention to the needs of
       vulnerable groups.

Coordination and Networking
     A coordinated approach is critical to prevent duplication and overlap
     in activities and to ensure that the above principles are followed
     consistently.

       Coordination should not just be between the Government and donors,
       but should involve all stakeholders including civil society, the business
       community and international NGOs, who have resources that will not
       pass through Government. Capacity would need to be created and
       sustained at the local level for such coordination.




Media Campaign

DRMU is working on creating awareness of the Rights of the Tsunami
affected persons with relevance to post-tsunami relief and rehabilitation,
through Radio Programmes and Poster/ Leaflet campaign.


Radio Programmes


The DRMU and CHA joint radio programme was inaugurated on Monday the 30th of
May. The purpose of this programme is to disseminate information to the public
regarding Govt. policy on tsunami relief and reconstruction as well as to address
significant issues pertaining to the reconstruction process.

The project consists of two fortnightly programmes broadcast by the Sri Lanka
Broadcasting Cooperation (SLBC), one in Sinhala and the other in Tamil. To date,
four Tamil and four Sinhala programmes have been produced and given airplay.




                                                                             124
The Tamil programme is broadcast every other Wednesday from 10.00am to10.30am
on the SLBC Tamil Commercial Service (101.9 FM). It is coordinated and compered
by Mr. Sivaprakasam Jeevaratnakumar.

The Sinhala programme is broadcast every other Wednesday from 10.30am to
11.00am on the SLBC Sinhala Commercial Service (106.9 FM). It is coordinated by
Mr. Sudath Dias, Marketing Officer SLBC and compeered by Mr. Swarna
Gunawardene.




Posters/ Leaflets


DRMU is working on a poster campaigns with CHA to create awareness on
Policies and Rights of all affected persons, such as the Buffer Zone policy,
Permanent Housing Policy, Relief Aid, Livelihood programmes, Loan
Schemes, etc. 5000 posters have been already distributed for publicity in
Sinhala and Tamil in all the 13 Districts.




                                                                           125

				
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