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The IDPs' hard road to normalcy and heart-break toils

by Rashomi Silva

They could still remember the heavy artillery and shell attacks they could still get the smell of death, still recollect the furious armies fighting thoughtlessly, the innocents shivering in fear and praying to gods, "let this misery end". But for two decades it dragged on.

The A9 highway, now a facilitator

To escape this doom they fled their homes and villages. Some wealthy and some not so wealthy were forced to live together in suffocating camps, some flee overseas looking for greener and safer pastures. The god of fortune smiled upon some but most were despatched to congested refugee camps and were treated in a way they thought was humiliating.

With its estimated 800,000 internally displaced persons (IDPs), Sri Lanka has one of the largest IDP populations in the world, claims the UNHCR (United Nation High Commissioner for Refugee), the agency mandated by the UN to promote and protect the well-being of the Internal by displaced and the refugees worldwide.

In 1987 with signing of the Indo-Sri Lanka pact aimed at ending the ethnic rift, the then government invited the UNHCR to facilitate the repatriation of the Sri Lankan refugees residing in Tamil Nadu. However as the Indo- Sri Lanka pact did not lead to a ceasefire thousands and thousands of Sri Lankans continued to be displaced.

Under the circumstances the government invited the UNHCR to protect and assist the IDPs, as problems grew graver with each passing year. "Dealing with this relatively new phenomenon is not easy", says the UNHCR spokesperson John Breusch. The IDPs and refugees are considered a vulnerable section with inadequate legal protection from either international or domestic law and are often compelled to find for themselves. Their fundamental rights such as food, shelter and health are overlooked, and their access to education is poor or may not exist.

With a formal ceasefire in place since 2002, over 300,000 IDPs sought to return to their villages, voluntarily, by mid last year.

IDPs - an agonising journey

However the UNHCR still maintains that the conditions in the North and East are not conducive to a large-scaler return: "yet we do not discourage those who are willing to return", and the UNHCR continues to provide the returnees with the protection and assistance to resettle in their villages, Breusch said.

The monthly trend charts on the return of the IDPs show that usually during the monsoonal season of November and December the arrival of the IDPs is at its lowest. During the past two months a slight decline was shown in the arrivals compared to the previous year. May be due to the prevalent political crisis in the country but it is still too premature to comment, the UNHCR maintains.

"Broadly speaking the conditions in North and East have improved considerably since signing of the CFA. It has made things much easier for us to operate in North and East, the opening of the A-9 highway has made a tremendous change and we find it much easier to work now than two years before. The people feel safe to a greater extent but I think if the North-East people and the IDPs were to be truly benefitted by the existing ceasefire unquestionably, it has a long way to go".

Aimed at facilitating the lives of the returnees the UNHCR has initiated several programmes with special emphasis on peaceful co-existence, a necessary condition for a pluralistic society.

Following the example of two successful peaceful co-existence initiatives in Bosnia-Herzegovina and Uganda the UNHCR has teamed up with local NGOs to deliver peaceful co-existence through interaction and team work.

"Peaceful co-existence is more than living side by side. It requires communication, interaction and cooperation".

In October 1990, the LTTE with 48-hour notice expelled the entire Muslim population from the North. After the signing of the MoU with the Government in 2002, the LTTE leadership invited Muslims to comeback to their villages.

Initially the Muslims and the IDPs were received cordially by the host community but as time passed the tension between the two communities became apparent. The tension was much more obvious in the East than in the North, where all three communities are expected to interact with each other more often.

There is competition for employment opportunities and competition for making a livelihood, healthcare, and education. Often these services are handled by the host communities or government officials representing the host community. Therefore the chances are that the IDPs are overlooked.

The UNHCR is working together with other local NGOs and community groups to bring the different communities together. "We plan shramadana and other activities that demand more interaction with each other, workshops to educate the IDPs and residents on various issues also help members from different communities to associate with each other", Breusch explained.

Firmly believing that income generation is an integral part of the transit period from relief to development the UNHCR has initiated a series of income generation projects for the IDPs with the assistance of other local and international NGOs operating in the districts. The projects are designed to impart to the IDPs skills and knowledge necessary to make a livelihood so that they will be able to earn their own living once the UNHCR depart. They take special interest that all the communities interact during their skills learning.

Majority of the Sri Lankan IDPs are females, and they serve as the heads of most of the IDP families. Domestic violence and other gender-based violence are a set of challenges that are unique to the women folk. Experiences from all over the world show that the women are the most vulnerable section of this unprotected population.

"Considering the lack of social and economic opportunities for these women and their susceptibly to sexual and gender-based violations (SGBV) the UNHCR has set up gender-specific protection activities in tandem with its implementing partners. In addition to that we have initiated programmes to create an awareness on SGBV and human and women right among the IDPs".

Legal Aid Foundation helps the IDPs to get free legal counselling.

"Military attacks, forced recruitment, inhumane and degrading treatment, detention, internment and forced separation from their families are few of the other common problems faced by the IDPs. In such cases the IDPs are advised to make their complaints to the UNHCR, which will discuss them with the relevant authorities or other international organisations, whose mandates overlap, such as the UNICEF which has a mandate regarding child recruitment.

If any particular complaint appears as if it was part of a larger trend, the UNHCR will take steps to report the development to the Government and the Sri Lanka Monitoring Mission, if necessary.

According to Breusch, last but not least, the UNHCR in collaboration with national authorities and a variety of Agencies, works to protect and assist individuals who have been displaced due to natural and man-made disasters islandwide.

During the flood last May, which is often cited as the worst flood in the recent past, the UNHCR with the assistance of UNICEF and a host of other local and international NGOs provided food, clothing, medical assistance and other necessary assistance to the affected. "In addition, the UNHCR with the aid of the national authorities seek durable solutions to the problems of these vulnerable individuals," Breusch said.

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Idea Forum : 

Tigers' 'you create, we destroy' philosophy

by Eric Fernando

A business enterprise or for that matter the State needs capital to generate income (or losses). Capital formation is enhanced by the excess of income over its expenses (or losses).

Capital is always a limiting factor and its use must be diverted to the most profitable investments, the other side of the coin being disinvestment (withdrawal from unsuccessful investments). Since capital is a limiting factor in any organisation it has a cost (cost of capital).

We could therefore view capital in two ways, who gave it and how it is employed.

Taxation is the means by which the State derives its income to promote the welfare of the people of the country. Therefore, funds to improve the infrastructure of a country (alternatively capital) comes from the tax-payer. The Sinhalese pay this to the formal tax authorities while in the case of Tamils they go to swell the funds of the terrorist organisation the LTTE.

Each time they destroy our national wealth, the airports, State institutions, railways, roads and bridges they destroy the wealth of the nation (capital) funded by the tax payer at an opportunity cost which is cost of a sacrifice. A question now arises whether that sacrifice is warranted and justified. Just like a father who buys fancy toys for the little son whose only pleasure is to break them, our Sinhalese have continued time again to contribute lavishly firstly for building the infrastructure in the North, and then follow up by protecting them.

Financing decisions need a good knowledge if evaluating the risk. Any decision to embark on investments which carry more than the normal risk must be covered by a risk premium. Investment in infrastructure needs additional funds for working capital (capital) to meet the cost of maintenance. As stated, they come from the Sinhala community.

Let me now turn to the financing part. In this country, we do not have any "retained earnings" to meet our capital expenditure requirements. In other words, we have to depend on debt capital (loans) which increases risk and simultaneously makes us so obedient to these lenders who sound so sweet and concerned. Are they?

If the LTTE can make us borrow and get the GOSL committed to the repayment of these loans and then destroy the assets financed by government borrowings the position is reduced to something simple. "You borrow, you pay interest, you repay the instalments, and we have the power to destroy". This is exactly the strategy of the LTTE and it is so painful that our leaders have not realized that the end result is a calculated move to make the people poorer. In simple words they are getting us to pay for our own blunders. You pay for your own sins as the saying goes.

There is also a hidden aspect. Are the lenders genuine? If the lenders are also interested in making our nation poorer and help the eelamists they would welcome and encourage the GOSL to depend on high capital gearing (heavy dependence on debt.)

One can at least appreciate if we have perfect information that LTTE will never pursue their objectives using terror tactics. Such a change of heart will only be manifested by laying down the arms, but will they? In my opinion their strategy is perfectly clear. They want the GOSL to borrow, borrow, and borrow till we are incapacitated from further borrowing.

The cost of gearing will fall on the taxpayer while the Jaffna Tiger will be on cushioned comfort. Our cost of living will rise and there will be unrest in the country, strike after strike, election after election. The gap between poor and rich will get widened. Bank robberies, murders and violence will increase. Prostitution will

Peace is something wonderful but we cannot obtain that at any cost. It is not within the spirit of peace to be terrorised to do things that are so naive. We cannot endorse peace at any cost. The first essential point is that the Tigers must lay down their arms before anything is discussed. Reconciliation is possible with only those who are prepared to be reconciled. There must be genuine desires. There is no indication at this moment that LTTE is either genuine or honest. There is however, enough evidence, that the Sinhalese (at least the leaders) are foolish.

To me, it looks that the LTTE owes the GOSL damages for the destruction it has done. They have their own financial planning, tax administration, financing, investments and even the visits by the donors to their door-step. The LTTE has done their homework and we are still taking tuition.

Let me now conclude this article. Some damages can be quantified while others not. The pregnant mothers, infants, priests, the state leaders killed by LTTE can never be replaced. They were the human resources of this country. To me they did unpardonable crimes. Let us open our eyes at least now.

Let us admit that we have been fools. If this article can evoke sufficient interest among the Sinhalese to turn back and take a stock check and admit that there are no worse fools than us, I can have some consolation that I have lived up to the expectations of a patriot.

Those of who like to communicate with me may write to the following address:

"The Light" 25/28A, Weerakoon Gardens, Kandy, Sri Lanka

EMail: [email protected]

Telephone: 0814-471136 and 077-7258146.

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'Peradeniya's Shame' - a reply

This refers to an article titled "Peradeniya's shame" by Professor S. Ratnajeewan H. Hoole under the column "No holds barred" in the Daily News of 29th November, 2003. He has in his article combined factually incorrect information with excerpts from the Ombudsman's ruling on a plaint filed by him against the appointment of the Vice Chancellor of the University of Peradeniya. The said article is derogatory of the Council of the University of Peradeniya. We believe that this is an attempt to create a wrong impression in the minds of the general public and thereby bring the University to disrepute.

Professor Hoole harps on the publications of an applicant as if the selection of nominees for the post of Vice Chancellor was to be based solely on this criterion and conveniently ignoring the fact that the post of Vice Chancellor is primarily a management position. Seventh paragraph of the advertisement for the post of Vice Chancellor, University of Peradeniya read thus:

Successful candidate

"The successful candidate should posses a record of high academic achievement including a strong research profile; proven leadership, and interpersonal skills to interact objectively with diverse interest groups; a clear understanding of policy issues; and commitment to the effective implementation of decisions.

He should also posses a deep understanding of the ethos and mission of the university including its commitment to the community".

It is clear from the advertisement that the academic achievement was not the only criterion in the selection of suitable candidates for nomination as implied by Professor Hoole.

The Council was earnestly looking for a number of attributes and 'academic achievement was only one element.

It is malicious of Professor Hoole to comment erroneously on the number of publications of Professor Goonasekera. Professor Hoole, who speaks of justice and fair play, should have had the courtesy to ask for a detailed resume of Professor Goonasekere before he went public with his conclusions on Professor Goonasekere's research publications.

State categorically

In reference to an applicant, Prof. Hoole states that "him being a Tamil loomed large in the Tamil minds, showing how unfair practice deny ownership to minorities", thus giving a racial connotation to the Council delibertions. He further specualtes tht " ".... was a foreign national said the Council". The Council wishes to state categorically that neither race nor nationality was a consideration in its decision regarding the nominations.

In fact, an unambiguous written submission made to the Ombudsman that the nationality was not a reason for rejection of an applicant has been ignored; it is unfortunate that the Ombudsman has based his judgment on this wrong premise without any evidence other than Prof. Hoole's allegations.

In one instance the Ombudsman states that "The application of one original applicant was rejected on the ground of non-nationality" which is totally untrue. Further, the laborious sermonising on 'Discretion and statutory power conferred upon trust for public interest' etc was redundant as the submission made on behalf of the Council clearly stated that the decisions were made on this basis. This has cast doubts about the impartiality of the Ombudsman's judgment.

Professor Hoole, who is aware of the University's submissions to the Ombudsman, nevertheless, uses these unfounded statements to vilify the Council.

The Council after carefully considering the two applications and one nomination received determined that, given the terms in the advertisement, only professor Goonasekere's name was acceptable.

Having had recourse to the process of advertising and not succeeding in attracting suitable applicants, it would have been a folly to keep on re-advertising; this position is supported by the Ombudsman's declaration that those who had no confidence to apply in the first instance have no right to apply. No late applications were entertained as alleged; rather, the Council, acting within the parameters of the Universities' Act and related regulations, opted to nominate two other academics in addition to Professor Goonasekera, who were eminently qualified to become the Vice Chancellor.

To label these academic colleagues as dummies is defamatory to say the least and unbecoming of a university professor.

Reference

Professor Hoole's reference to the two Tamil members of the Council too is slanderous. They have achieved eminence in their respective fields and would never stoop down to the level of Professor Hoole.

Prof. Hoole goes on to ramble on matters which he has little or no knowledge of such as the resignation of the legal officer and a few appointments; Professor Hoole's imagination seems to run riot! Space does not permit us to give detailed backgrounds to the said resignation and appointments; further, it may not be fair by the respective individuals.

Integrity of a persons is reflected in commitment to factual information. On the contrary, Professor Hoole seems to have a penchant for listening to gossip; he also seems to have a passion for imagination, no holds barred. All that may be fine.

However, it becomes a problem of civility when he publishes 'concocted facts' based on such a speculation and mislead the general public.

What is saddening is the degeneration of a university professor to publishing gossip and distortions however garbed that may be in an apparent moral crusade. This certainly is a shame for the University of Peradeniya.

- Secretary/Council, University of Peradeniya

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