Muslim tsunami victims face discrimination in East
by M. I. M. Mohideen
It is widely claimed that the government has not treated the Muslim
Tsunami victims fairly. According to statistics maintained by the Task
Force to Rebuild the Nation (TAFREN) not a single house has been
constructed during the last one year to resettle those Muslim
‘Tsunami’ victims within the 200 meter area from the sea in the
Ampara, Batticaloa and Trincomalee Districts in the Eastern Province.
The situation in the South is different. In Hambantota, the need is only
1,057 houses. But the donors have been allocated 4,852 houses. A
recent internal memo said that the number of houses donors have
been assigned was 11 times more than what was required within
Hambantota.
Thousands of Muslim Tsunami victims in the Eastern Province have
been languishing in several temporary camps without sufficient food,
medicines and other basic facilities. Muslims who are trying to resettle
in their own land are still receiving threats from the government
bureaucracy. In fact they are deprived of their fundamental human
rights.
In the three districts of Ampara, Batticaloa and Trincomalee alone
there are 22,644 houses to be reconstructed. In Batticaloa the need is
for 4,426 houses while in Ampara, the worst affected district, the need
is for 12,481. While construction has commenced on 1,200 houses in
Ampara, in Batticaloa only 511 units are under construction according
to figures maintained by TAFREN and Housing Ministry.
Ampara, the country’s worst affected district is a glaring example of
how ineffective institutions, political rivalries and misinformation can
make a mockery of disaster management. Not a single house has
been built within the 200 meters from the sea in the coastal Muslim
areas of Maruthamunai, Kalmunai, Sainthamaruthu, Ninthavur, Oluvil,
Addalachchenai, Akkaraipattu and Pottuvil.
In the LTTE controlled areas of Batticaloa District, the TRO (Tamil
Rehabilitation Organisation) a LTTE-backed organisation has been
channelling funds to resettle the affected Tamil people. But
Kattankudy’s coastal villages such as New Kattankudy, Palamunai and
other Muslim areas still remain untouched.
Mutur, Kinniya, Kuchchaveli Pulmoddai and Trincomalee town are the
Divisional Secretariats Divisions in the Trincomalee District where
thousands of Muslims have been affected by the Tsunami. Political
confusion has greatly contributed to the mismanagement of relief.
LTTE held areas in the district have come under LTTE-backed relief
and resettlement programmes. But Muslim areas are still suffering
without adequate infrastructure development.
Assessment Survey
The Muslim Reconstruction and Resettlement Organisation - MRRO
conducted a survey by visiting each and every family in the Tsunami
effected Muslim areas in the Eastern Province to assess the damages
to houses.
Over 8,000 tsunami survivors have complained to the Disaster Relief
Monitoring Unit (DRMU) of the Human Rights Commission of Sri Lanka
about the delay and the violation of their rights.
UN Guiding Principles
The Guiding Principles on Internal Displacement were adopted by the
UN Commission on Human Rights and Economic and Social Council in
1998.
Rights of IDPs
Persons who have been forced to flee or to leave their homes or place
of habitual residence, as a result of armed conflict, violence, natural or
man-made disaster and who have not crossed an internationally
recognised State border, are known as Internally Displaced Persons.
Those who have been displaced due to Tsunami fall into the category
of IDPs. They are entitled to all human rights enjoyed by the other
citizens. In addition, they have special needs which should be
addressed by the state authorities.
Choice of Residence
Principle 15: The IDPs have the right to remain in the area they used
to reside before the displacement or have the right to move to any
other part of the country or another country on their free will. This right
is crucial for those who have lost their families, homes and belongings
and have completely been uprooted.
Property Rights
The IDPs have abandoned their property in haste and are not able to
secure them. Especially, the boundaries of the lands may not be
visible due to natural disasters such as the Tsunami. The property
remaining in the possession of the IDPs is also prone to theft. The
responsible authorities have to take steps to protect the property of
the IDPs against such occurrences.
Right to Return or Resettle
IDPs have the right to return voluntarily, in safety and with dignity, to
their previous homes or resettle voluntarily in another area of the
country. Right to return or resettle is vital especially when the cause of
the displacement is ceased. For example, Tsunami victims are entitled
to return or resettle if the danger of another Tsunami is absent.
After resettlement, the IDPs should not face discrimination as a result
of having been displaced. They, like all other citizens, have an equal
right to participate in public affairs and to have access to public
services.
Land available to resettle the Muslim Tsunami victims
The government has relaxed the hotly-debated 200 metre buffer zone
in the coastal areas due to the difficulties in finding alternate land to
resettle the Tsunami affected people.
The buffer zone in Mutur, Kinniya, Kuchchaveli in the Trincomalee
District has been reduced to 60 metres, Kattankudy in Batticlao District
to 80 metres, Pottuvil and Arugambay to 50 metres, and Kalmunai to
65 metres in the Ampara District.
Urban Development Ministry Secretary confirming the relaxation of the
buffer zone regulations said that the revisions came after
representations from various quarters seeking permission for
construction purposes.
More than 2,000 Acres owned by Muslim Tsunami Victims are
available within the 200 meters from the sea in the Eastern Province:
Ampara District - 1,000 Acres - Maruthamunai 120 Acres, Kalmunai
220 Acres, Sainthamaruthu 20 Acres, Ninthavur 220 Acres, Oluvil 20
Acres, Addalachchenai 50 Acres, Akkaraipattu 70 Acres and Pottuvil
280 Acres
Batticaloa District - 300 Acres - Kattankudy 240 Acres, Palamunai 40
Acres and Poonochchimunai 20 Acres
Trincomalee District - 700 Acres - Mutur 140 Acres, Kinniya 435
Acres, Kuchchaveli90 Acres and Trincomalee Town 35 Acres
Reconstruction and Resettlement
Tsunami has affected only the coastal belt. For almost all those who
were affected, only what they were left with was the plot of land they
lived in. It is not proper for the government to adopt a policy of
frightening people with warnings of future tsunamis.
The victims of Tsunami should be consulted and treated with dignity.
This consultation should not only be with those in refugee camps, but
also with those who have been displaced, made destitute and live with
friends and relations.
Involving the victims in re-building the coastal areas has to be given
the highest priority. Village level welfare committees should be
established including all stake holders.
This disaster should be turned into an opportunity for planned
reconstruction and resettlement in the coastal areas.
When we talk about planned resettlement of Tsunami victims within the
200 meter areas, we are talking about an extremely diverse
population. In addition to their socio-economic differences, there are
also other characteristics that need to be taken in to account. These
include ethnicity, religion, culture, age, health condition, and gender.
All these factors need careful attention in the process of resettlement.
If not, it can lead to serious problems.
The biggest challenge the Government is facing to-day is to rebuild
the lives of the tsunami affected. This requires reconstruction of their
damaged houses and providing them with the means of earning a
living.
For planning the rebuilding and resettlement programme in the 200
metre buffer zone area, it is essential to have reliable and accurate
information about the impact on the lives and properties destroyed by
the "Tsunami". It is a complex process that should be handled with
care with the full participation of all stakeholders at the grass roots
level. If this is not done properly, it can have adverse effects on the
quality of life of the victims.
The extent and the value of land and other assets owned by the
affected families cannot be ignored in finding solutions to their
resettlement problems. No arbitrarily designed resettlement should be
imposed on helpless victims of Tsunami, as such solutions are likely to
aggravate the problems of the people who are already traumatised.
Makeshift housing should be replaced by permanent structures at a
reasonable distance from the beach.
The Muslim areas and the families affected by the Tsunami in the
Eastern Province are within the administrative and security control of
Sri Lanka Government (GOSL). All those who are engaged in
resettlement related activities should work within the framework of the
local bodies. At present all the local bodies in the predominant Muslim
Area in the Eastern Province do not have the capacity to manage a
massive planed resettlement and reconstruction programme of this
magnitude.
The people affected expect individual attention and specific solutions
to suit different families. The agencies that deal with issues of
livelihood restoration will be required to visit each family and or
household to find out how best they can be assisted.
This is a painstaking exercise but we have no choice in the matter if
the objective is to help the people who lost their livelihood regain their
economic strength within a reasonable period of time. [Island]
