Accelerated Action on Resettlement and Humanitarian Action, Progress on Human Rights

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Country/entity: Sri Lanka
Region: Asia and Pacific
Agreement name: Accelerated Action on Resettlement and Humanitarian Action, Progress on Human Rights
Date: 9 Jan 2003
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Sri Lankan Civil War (1983 - 2009)
The roots of the Sri Lanka conflict lay in British colonial policy which controlled the island from 1802 until 1948. During the early 1800s, the British brought Tamils from mainland India to work on the various plantations for tea, coffee and rubber, changing Sri Lanka's the demographic make-up. Upon independence, Sinhalese nationalism dominated the political sphere and introduced discriminatory policies against the Tamil minority straining relations and sparking protests. Armed Tamil resistance first came in the form of assassinations of moderate Tamils and opposition politicians in the mid-1970s. However, it was the Liberation Tigers of Tamil Eelam's (LTTE) attack on checkpoint Four Four Bravo, which marked the turning point, sparking pogroms against Tamils in Sinhalese majority areas. This incident, known as Black July, is widely considered to the beginning of the civil war.

The first round of peace talks were backed by India, which had deployed the Indian Peace Keeping Force (IPKF) in 1987, and led to the 1987 Indo-Sri Lanka Accord. The Accord was successful in persuading the majority of insurgency groups to lay down arms. However, the strongest Tamil insurgency group, the LTTE, was not party to the talks and refused to disarm, sparking direct conflict between the IPKF and the LTTE until IPKF withdrawal 1990. Following the withdrawal, the LTTE consolidated their power in the North and East sparking another intense and bloody war with the central government that lasted until 2002 when another peace process was launched under the auspices of Norwegian negotiators. The second round of peace talks, however, only continued until April 2003 and in March 2004, a large faction of LTTE cadres split from the main organization damaging LTTE unity. The LTTE were defeated militarily by a large-scale government assault in 2009, however, the conditions for peace remain uncertain.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Sri Lanka LTTE 2002 onward process
Parties: The Government of Sri Lanka (GOSL) and the Liberation Tigers of Tamil Eelam (LTTE)
Third parties: Royal Government of Norway
Description: Short meeting summary, congratulating on the success of the third session. This meeting emphasised the need to ensure implementation of urgent humanitarian priorities, including the resettlement of IDPs, and the transportation of prisoners through Vanni. Other aspects include updates on the Action Plan of Resettlement of IDPs, the developments in the Sub-Committee for Immediate and Humanitarian and Rehabilitation Needs (SIHRN), among other aspects.

Agreement document: LK_030109_Accelerated Action on Resettlement and Humanitarian Action, Progress on Human Rights.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: Groups→Religious groups→Substantive
Page 1, Members of the Sub-Committee for Immediate Humanitarian and Rehabilitation Needs (SIHRN), representing both the GOSL and the LTTE, will meet with the United Nations High Commissioner for Refugees (UNHCR) shortly to discuss UNHCR participation in effectuating this plan. The particular needs of the displaced Muslim population will be duly accommodated in the resettlement process.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 1, Notwithstanding the disagreement on this particular issues, the parties emphasized the need for progress in resettling the hundreds of thousands of displaced persons. To this effect, the parties agreed on an “Action Plan for an Accelerated Resettlement Programme for the Jaffna District.” As the clear majority of resettlement cases relate to areas outside the High Security Zones, the first phase of the Action Plan will focus on such areas.
Groups→Refugees/displaced persons→Substantive
Page 1, Members of the Sub-Committee for Immediate Humanitarian and Rehabilitation Needs (SIHRN), representing both the GOSL and the LTTE, will meet with the United Nations High Commissioner for Refugees (UNHCR) shortly to discuss UNHCR participation in effectuating this plan. The particular needs of the displaced Muslim population will be duly accommodated in the resettlement process.

Page 1, The second phase of the Action plan will focus on resettlement of IDPs and refugees in areas within the High Security Zones, as and when they are released by the Security Forces for resettlement. For this purpose, the GOSL will carry out a review with the assistance of an internationally recognized military expert, taking into account relevant humanitarian and security needs.
Social class: No specific mention.

Gender

Women, girls and gender: Page 2, Following an agreement made at the third session of talks, a committee was established to ensure the effective inclusion of gender issues in the peace process. The terms of reference for the committee will be formulated by the members at their first meeting. The committee will be facilitated by the Royal Norwegian Government, which will seek to provide a senior Norwegian resource person and necessary financial resources. The committee will consist of the following five representatives of each party:
- LTTE: Ms. Sivahimi Subramaniyam, Ms. Renuga Sanmugaraja, Ms. Mathimalar Balasingam, Ms. Sridevy Sinnathampi, Ms. Vasanthapireminy Samasundaram.
- GOSL: Dr. Kumari Jayawardena, Dr. Deepika Udagama, Ms. Kumuduni Samuel, Ms. Faizoon Zakariya, Dr. Fazeela Riyas.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 2, In line with the agreement on basic principles for a political settlement, in which a number of issues were identified for discussion, the parties will commence a process for discussion of human rights issues. Human rights will constitute an important element of a Final Declaration. As first steps in furthering human rights issues in the process, the parties agreed on the following:
- A schedule on human rights issues will be worked out following discussion at the next session of peace talks. For this purpose, the assistance of the agreed human rights adviser to the parties will be sought.
- An independent verification mechanism will be established for persons Mission in Action (MIA) and Involuntary Disappearances, with the assistance of the International Committee of the Red Cross (ICRC).
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 2, In line with the agreement on basic principles for a political settlement, in which a number of issues were identified for discussion, the parties will commence a process for discussion of human rights issues. Human rights will constitute an important element of a Final Declaration. As first steps in furthering human rights issues in the process, the parties agreed on the following:
- A schedule on human rights issues will be worked out following discussion at the next session of peace talks. For this purpose, the assistance of the agreed human rights adviser to the parties will be sought.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: Page 2, The government expressed serious concerns related to the recent incident involving transportation of prisoners through Vanni. The LTTE gave assurances that the case will be examined and that appropriate action will be taken as a matter of urgency. More generally, the parties agreed to ask the facilitator to propose procedures to ensure rapid corrective action by the parties in cases of incidents that are or can be perceived as disrupting the peace process.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1-2, Following the strong political and financial support pledged by the international community at the Sri Lanka Support Meeting held in Oslo on 25 November 2002, the parties stressed the need for moving from planning to implementation of humanitarian and rehabilitation programmes. The rapid establishment of the North East Reconstruction Fund (NERF) will be decisive for the speedy disbursement of international assistance. The parties welcomed a decision by the Sub-Committee on Immediate Humanitarian and Rehabilitation Needs (SIHRN) to select the World Bank as the custodian of the NERF. Furthermore, the parties confirmed the SIHRN as the prime decision-making body for meeting immediate humanitarian and rehabilitation needs in the north and east. The GOSL in particular undertook to ensure that the respective roles of government institutions engaged in the north and east are properly clarified and co-ordinated with the SIHRN.
Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 1, The parties recognized that the situation with regard to the High Security Zone involves major humanitarian and security concerns for both parties. Recent controversies surrounding this matter were discussed in depth. ...

Page 1, Members of the Sub-Committee for Immediate Humanitarian and Rehabilitation Needs (SIHRN), representing both the GOSL and the LTTE, will meet with the United Nations High Commissioner for Refugees (UNHCR) shortly to discuss UNHCR participation in effectuating this plan. The particular needs of the displaced Muslim population will be duly accommodated in the resettlement process.

Page 1-2, Following the strong political and financial support pledged by the international community at the Sri Lanka Support Meeting held in Oslo on 25 November 2002, the parties stressed the need for moving from planning to implementation of humanitarian and rehabilitation programmes. The rapid establishment of the North East Reconstruction Fund (NERF) will be decisive for the speedy disbursement of international assistance. The parties welcomed a decision by the Sub-Committee on Immediate Humanitarian and Rehabilitation Needs (SIHRN) to select the World Bank as the custodian of the NERF. Furthermore, the parties confirmed the SIHRN as the prime decision-making body for meeting immediate humanitarian and rehabilitation needs in the north and east. The GOSL in particular undertook to ensure that the respective roles of government institutions engaged in the north and east are properly clarified and co-ordinated with the SIHRN.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 1, ... To this end, there is a need for more effective implementation by the parties as well as the speedy provision of funds by donor governments.

Page 1, The plan sets out four specific tasks and corresponding deadlines:
... - The identification of available resources from appropriate funds by 20 January 2003.

Page 1-2, Following the strong political and financial support pledged by the international community at the Sri Lanka Support Meeting held in Oslo on 25 November 2002, the parties stressed the need for moving from planning to implementation of humanitarian and rehabilitation programmes. The rapid establishment of the North East Reconstruction Fund (NERF) will be decisive for the speedy disbursement of international assistance. The parties welcomed a decision by the Sub-Committee on Immediate Humanitarian and Rehabilitation Needs (SIHRN) to select the World Bank as the custodian of the NERF. Furthermore, the parties confirmed the SIHRN as the prime decision-making body for meeting immediate humanitarian and rehabilitation needs in the north and east. The GOSL in particular undertook to ensure that the respective roles of government institutions engaged in the north and east are properly clarified and co-ordinated with the SIHRN.
Business: No specific mention.
Taxation: No specific mention.
Banks: Socio-economic reconstruction→Banks→International finance
Page 1-2, Following the strong political and financial support pledged by the international community at the Sri Lanka Support Meeting held in Oslo on 25 November 2002, the parties stressed the need for moving from planning to implementation of humanitarian and rehabilitation programmes. The rapid establishment of the North East Reconstruction Fund (NERF) will be decisive for the speedy disbursement of international assistance. The parties welcomed a decision by the Sub-Committee on Immediate Humanitarian and Rehabilitation Needs (SIHRN) to select the World Bank as the custodian of the NERF. Furthermore, the parties confirmed the SIHRN as the prime decision-making body for meeting immediate humanitarian and rehabilitation needs in the north and east. The GOSL in particular undertook to ensure that the respective roles of government institutions engaged in the north and east are properly clarified and co-ordinated with the SIHRN.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, The parties recognized that the situation with regard to the High Security Zone involves major humanitarian and security concerns for both parties. Recent controversies surrounding this matter were discussed in depth. The parties did not reach agreement on the continuation of the work of the Sub-Committee on De-Escalation and Normalization (SDN).

Page 1, The plan sets out four specific tasks and corresponding deadlines:
...- A plan to release premises presently used by the Security Forces to the original owners of intended purposed, to be submitted by 31 January 2003.

Page 1, The second phase of the Action plan will focus on resettlement of IDPs and refugees in areas within the High Security Zones, as and when they are released by the Security Forces for resettlement. For this purpose, the GOSL will carry out a review with the assistance of an internationally recognized military expert, taking into account relevant humanitarian and security needs.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 2, As a means to reinforce respect for the provisions of the Ceasefire Agreement, monthly meetings will be held between the GOSL, the LTTE and the Sri Lanka Monitoring Mission (SLMM) in order to discuss issues arising from the regular SLMM summary of total recorded complaints and violations of the Ceasefire Agreement. Mr. Fernando (GOSL) and Mr. Karuna (LTTE) will be responsible for organising these meetings and will report on progress made and any outstanding problems at each session of the peace talks.
Police: No specific mention.
Armed forces: Page 1, The second phase of the Action plan will focus on resettlement of IDPs and refugees in areas within the High Security Zones, as and when they are released by the Security Forces for resettlement. For this purpose, the GOSL will carry out a review with the assistance of an internationally recognized military expert, taking into account relevant humanitarian and security needs.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: Page 2, In line with the agreement on basic principles for a political settlement, in which a number of issues were identified for discussion, the parties will commence a process for discussion of human rights issues. Human rights will constitute an important element of a Final Declaration. As first steps in furthering human rights issues in the process, the parties agreed on the following:
... - An independent verification mechanism will be established for persons Missing in Action (MIA) and Involuntary Disappearances, with the assistance of the International Committee of the Red Cross (ICRC).
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2, As a means to reinforce respect for the provisions of the Ceasefire Agreement, monthly meetings will be held between the GOSL, the LTTE and the Sri Lanka Monitoring Mission (SLMM) in order to discuss issues arising from the regular SLMM summary of total recorded complaints and violations of the Ceasefire Agreement. Mr. Fernando (GOSL) and Mr. Karuna (LTTE) will be responsible for organising these meetings and will report on progress made and any outstanding problems at each session of the peace talks.
Enforcement mechanism: Page 2, The government expressed serious concerns related to the recent incident involving transportation of prisoners through Vanni. The LTTE gave assurances that the case will be examined and that appropriate action will be taken as a matter of urgency. More generally, the parties agreed to ask the facilitator to propose procedures to ensure rapid corrective action by the parties in cases of incidents that are or can be perceived as disrupting the peace process.
Related cases: No specific mention.
Source: Source: Archived hard copy from C. Bell, sourced from http://www.peaceinsrilanka.org/insidepages/Pressrelease/RNG/PV/RNG09JanPV.htm (accessed; 3 February 2003)

ACCELERATED ACTION ON RESETTLEMENT AND HUMANITARIAN ACTION, PROGRESS ON HUMAN RIGHTS STATEMENT

9 January 2003

The Government of Sri Lanka (GOSL) and the Liberation Tigers of Tamil Eelam (LTTE) held the fourth session of peace talks at the Rose Garden in Thailand 6-9 January 2003.

Deliberations were conducted in a frank and constructive atmosphere, with both parties demonstrating their conviction that the peace process must be sustained even when difficult issues are addressed.

The main focus of the parties was on the need to ensure implementation of urgent humanitarian priorities.

It was strongly emphasized that the significant political breakthrough made at the third session of talks in Oslo in December 2002, at which the basic principles for a political statement were outlined, will be sustained through continued discussions on political matters.

At the same time, political progress must be underpinned by tangible improvement in the daily lives of people.

To this end, there is a need for more effective implementation by the parties as well as the speedy provision of funds by donor governments.

The parties recognized that the situation with regard to the High Security Zone involves major humanitarian and security concerns for both parties.

Recent controversies surrounding this matter were discussed in depth.

The parties did not reach agreement on the continuation of the work of the Sub-Committee on De-Escalation and Normalization (SDN).

Notwithstanding the disagreement on this particular issues, the parties emphasized the need for progress in resettling the hundreds of thousands of displaced persons.

To this effect, the parties agreed on an “Action Plan for an Accelerated Resettlement Programme for the Jaffna District.”

As the clear majority of resettlement cases relate to areas outside the High Security Zones, the first phase of the Action Plan will focus on such areas.

The plan sets out four specific tasks and corresponding deadlines:

- A preliminary physical assessment to be completed by 7 February 2003

- The formulation of project recommendations and identification of potential implementing agencies by 14 February 2003

- The identification of available resources from appropriate funds by 20 January 2003.

- A plan to release premises presently used by the Security Forces to the original owners of intended purposed, to be submitted by 31 January 2003.

Members of the Sub-Committee for Immediate Humanitarian and Rehabilitation Needs (SIHRN), representing both the GOSL and the LTTE, will meet with the United Nations High Commissioner for Refugees (UNHCR) shortly to discuss UNHCR participation in effectuating this plan.

The particular needs of the displaced Muslim population will be duly accommodated in the resettlement process.

The second phase of the Action plan will focus on resettlement of IDPs and refugees in areas within the High Security Zones, as and when they are released by the Security Forces for resettlement.

For this purpose, the GOSL will carry out a review with the assistance of an internationally recognized military expert, taking into account relevant humanitarian and security needs.

Following the strong political and financial support pledged by the international community at the Sri Lanka Support Meeting held in Oslo on 25 November 2002, the parties stressed the need for moving from planning to implementation of humanitarian and rehabilitation programmes.

The rapid establishment of the North East Reconstruction Fund (NERF) will be decisive for the speedy disbursement of international assistance.

The parties welcomed a decision by the Sub-Committee on Immediate Humanitarian and Rehabilitation Needs (SIHRN) to select the World Bank as the custodian of the NERF.

Furthermore, the parties confirmed the SIHRN as the prime decision-making body for meeting immediate humanitarian and rehabilitation needs in the north and east.

The GOSL in particular undertook to ensure that the respective roles of government institutions engaged in the north and east are properly clarified and co-ordinated with the SIHRN.

In line with the agreement on basic principles for a political settlement, in which a number of issues were identified for discussion, the parties will commence a process for discussion of human rights issues.

Human rights will constitute an important element of a Final Declaration.

As first steps in furthering human rights issues in the process, the parties agreed on the following:

- A schedule on human rights issues will be worked out following discussion at the next session of peace talks.

For this purpose, the assistance of the agreed human rights adviser to the parties will be sought.

- An independent verification mechanism will be established for persons Mission in Action (MIA) and Involuntary Disappearances, with the assistance of the International Committee of the Red Cross (ICRC).

As a means to reinforce respect for the provisions of the Ceasefire Agreement, monthly meetings will be held between the GOSL, the LTTE and the Sri Lanka Monitoring Mission (SLMM) in order to discuss issues arising from the regular SLMM summary of total recorded complaints and violations of the Ceasefire Agreement.

Mr. Fernando (GOSL) and Mr. Karuna (LTTE) will be responsible for organising these meetings and will report on progress made and any outstanding problems at each session of the peace talks.

The government expressed serious concerns related to the recent incident involving transportation of prisoners through Vanni.

The LTTE gave assurances that the case will be examined and that appropriate action will be taken as a matter of urgency.

More generally, the parties agreed to ask the facilitator to propose procedures to ensure rapid corrective action by the parties in cases of incidents that are or can be perceived as disrupting the peace process.

Following an agreement made at the third session of talks, a committee was established to ensure the effective inclusion of gender issues in the peace process.

The terms of reference for the committee will be formulated by the members at their first meeting.

The committee will be facilitated by the Royal Norwegian Government, which will seek to provide a senior Norwegian resource person and necessary financial resources.

The committee will consist of the following five representatives of each party:

- LTTE:

Ms. Sivahimi Subramaniyam, Ms. Renuga Sanmugaraja, Ms. Mathimalar Balasingam, Ms. Sridevy Sinnathampi, Ms. Vasanthapireminy Samasundaram.

- GOSL:

Dr. Kumari Jayawardena, Dr. Deepika Udagama, Ms. Kumuduni Samuel, Ms. Faizoon Zakariya, Dr. Fazeela Riyas.

The parties agreed that a Muslim delegation will be invited to the peace talk at an appropriate time for deliberations on relevant substantive political issues.

The parties confirmed that subsequent session of peace talks will take place on 7 – 10 February and 18 – 21 March 2003.

The parties also agreed that additional sessions will be held on 29 April – 2 May, as well as at an appropriate time in June to be determined once dates for the International Donor Conference in Japan are established.