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The Post Tsunami Operational Management Structure or the Joint Mechanism consists of
three tiers headed by a high level committee comprising three members“ one government
nominee, one nominee by Muslim parties and one LTTE nominee.
On the handling of funds the document states:
The function of actually allocating and disbursing the donor funds will be retained by the
Treasury; the High-Level Committee only formulates the policies regarding these.
In addition, the Regional Fund administered by the multilateral agency will be set up by an
agreement between the multilateral agency and the Government of Sri Lanka. The LTTE, as
a non-state entity, cannot be party to such an agreement.
A synopsis of the draft is as follows:
Memorandum of Understanding ("MOU") for the Establishment of a Post-Tsunami Operational
Management Structure (the "Joint Mechanism")
Synopsis of Draft Preamble
The preambular clauses set out the rationale for the formation of the Joint Mechanism,
principally:
the urgent humanitarian need to effectively deliver relief, rehabilitation and reconstruction to
the Sinhala, Tamil and Muslim communities affected by the tsunami;
the need for the Sinhala, Tamil and Muslim communities to work together to accomplish this
task; and
the need for an equitable allocation of post-tsunami funds to all tsunami-affected areas of Sri
Lanka, based on accepted needs-assessments.
Structure
The Joint Mechanism consists of three tiers:
A High-Level Committee for the tsunami-affected areas of Sri Lanka;
A Regional Committee for the Six Districts in the Northern and Eastern provinces affected by
the tsunami (Ampara, Batticaloa, Jarfna, Kilinochchi, Mullaitivu, and Trincomalee); and
District Committees, one for each of the Six Districts.
Geographic Scope
The Joint Mechanism is restricted in its area of operation to the land area affected by the
tsunami that is within 2 kilometers of the coastline.
The MOU will not change the terms of the Ceasefire Agreement between the Government of
Sri Lanka and the L TTE, which will remain in effect.
Non-Discrimination
The MOU prohibits discrimination against any person on the basis of grounds such as ethnic
origin, language, or religion.
Period of Operation
The MOU states that the Joint Mechanism will operate only for one year, unless both parties
mutually agree to extend it.
High-Level Committee
Functions:
The High-Level Committee's primary function will be to formulate policies regarding the
allocation and disbursement of donor funds for the tsunami-affected area.
The High-Level Committee will also have an advisory and monitoring role.
Composition:
The High-Level Committee will have three members - one nominee by GOSL, one nominee
by Muslim parties, and one nominee by LTTE.
Observers: Two nominees from the international donor community will attend the meetings as
observers.
Safeguards and Minority Protections:
Consensus between the three members is required before any decision is made,
If consensus cannot be reached, any member can, upon 14 days notice, suspend their
cooperation in the High-Level Committee.
Regional CommitteeFunctions:
The Regional Committee will be responsible for prioritizing, approving, managing, and
monitoring the implementation of projects.
Composition: The Regional Committee will have ten members - two nominees by GOSL, three
nominees by Muslim parties, and five nominees by LTTE. The MOU states that the
Committee should have a proper gender balance.
Observers: Two nominees from the international donor community will attend the meetings as
observers. Other observers may also be invited.
Safeguards and Minority Protections:
If at least two members of the Regional Committee acknowledge that a decision of the
Regional Committee would have an adverse effect on a minority group, then approval of that
decision will require seven members of the Regional Committee. This provision protects the
Muslim and Sinhala communities from any proposal by the Regional Committee that is, in
their opinion, harmful to their interests.
Subject to the protection above, two members of the Regional Committee may request
redress when a proposal submitted to the Regional Committee by a District Committee is
rejected; consequently, rejection of that proposal will require seven members of the Regional
Committee.
This provision allows proposals put forward by District Committees (which may have a greater
representation of a particular ethnic group than the Regional Committee) to be passed by the
Regional Committee without the necessary consent of the LTTE nominees.
Regional Fund
A Regional Fund will be set up to make available funds for relief, rehabilitation, reconstruction
and development in the Six Districts.
A multilateral agency will serve as the custodian of the fund.
District Committees
Functions: The District Committees will identify needs, receive and generate project
proposals, and monitor the progress of projects.
Composition: The District Committees that are currently established and functioning in the Six
Districts will be used in this role. However, the Committees will ensure adequate Muslim
representation and a proper gender balance.
Comments
Relationship with Other Development Activity
Normal government-financed development in the Northern and Eastern provinces will
continue as before, including in the Six Districts, in addition to what the Joint Mechanism does.
Role of Treasury
The function of actually allocating and disbursing the donor funds will be retained by the
Treasury; the High-Level Committee only formulates the policies regarding these.
In addition, the Regional Fund administered by the multilateral agency will be set up by an
agreement between the multilateral agency and the Government of Sri Lanka. The LTTE, as
a non-state entity, cannot be party to such an agreement.
