These recommendations were developed based on my field experience; knowledge gathered in participating at grassroots level, district level, national level and international level workshops, conferences and working groups; and the understanding obtained regarding the shortcomings of instruments and mechanisms adopted to protect post-Tsunami displaced when analyzing the information gathered for my MHR thesis. All the given recommendations are practical and could be adopted by the Policy Makers, Government Authorities and Civil Society in order to react efficiently and effectively in a future disaster situation. 
1 PROTECTING CIVIL AND POLITICAL RIGHTS OF THE DISPLACED
Consulting the displaced community
A consultative process should be developed where IDPs are consulted and their ideas considered in the process of rehabilitation and resettlement. Government, INGOs and NGOs working in recovery, rehabilitation and reconstruction activities should participate in regular consultations with the IDPs and host communities. It is particularly important to get the affected persons involved in monitoring progress and benefits.
Guaranteeing Access to Information
People should have the right of access to information that has a bearing on their interests in rebuilding. All lists of beneficiaries should be displayed prominently at designated public places – District Secretariat, Divisional Secretariat, GN Office, Post Office. They should also have access to clarifications and legitimate protest.
Conducting Needs AssessmentsPeople need to be informed about the approach and considerations adopted in assessing livelihood needs, or the criteria adopted to assess housing needs. It is important to use an inclusive approach in conducting needs assessments.
Being Accountable in RRR work and Providing Good GovernanceCreate a common understanding of relief and recovery policies. Decentralize disaster management and recovery work by setting up task forces on disaster management at district and divisional levels for effective implementation of the Disaster Management Act and accept that the ownership of funds received for rebuilding is with the victims of the tsunami, and ensure that they have a voice in the deployment of those funds.
Being Transparent in all RRR Work and Not Tolerating CorruptionTake legislative measures to increase and ensure financial and functional transparency in the reconstruction process. Existing legislation is insufficient to protect the people’s right to information. Strengthen all institutions that have mandates to oppose corruption. Legislation should be enacted to provide for disclosure of information by the administrative agencies of government in the interest of the public. Formulate and institutionalise codes of conduct for both state and private sector organizations to enable them to engender best practices. Provide for local level mechanisms to monitor rehabilitation and reconstruction work. Institutionalise community specific and context specific participatory planning and implementation processes and mechanisms for reconstruction and development, etc.
Treating all IDPs Equitably
All activities, policies and laws must adhere to the principles of non-discrimination as recognised by international law (CEDAW, the ICCPR, ICESCR, and the Deng Principles), and national constitutional provisions (Article 12 of the Sri Lankan Constitution).Equitable treatment should be assured for all types of IDPs, whether they are affected by natural or man-made disasters. Establish a mechanism to ensure equitable distribution of assistance to the North and the East. Universal compensation scheme should be developed and applied to protect the affected persons during a natural or man made disaster situation. Ensure gender equality.
Adopting Effective Counter Trafficking Measures
Adequate measures should be taken to prevent human trafficking in disaster affected areas. Developing anti-trafficking and safe migration legislation Conducting Awareness Creation Programmes. Creating Awareness among intending migrant workers about labor laws and workplace rights in their own and foreign countries and among school children on Child and Women Trafficking Conducting Awareness on Trafficking and available legislative measures through media Organizing government sponsored legal aid and counselling programs for victims of trafficking Establishing Information Centres to counter trafficking Conducting Research on local, regional, and national trafficking trends and demographics Supporting common counter-trafficking initiatives between stakeholders in sending and receiving countries Developing skills of law enforcement officers to counter trafficking Developing standardized reporting forms for use in police stations on crimes related to trafficking. Developing more efficient measures to protect children from recruitment by child soldiers.
2 PROTECTING ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE DISPLACED
Providing Emergency Aid
Beneficiary lists should be posted in public places in order to have transparency. In cases where it is necessary review of the beneficiary lists must take place in order to have an inclusive beneficiary list. Opening joint accounts for beneficiaries should be considered. Should this not be possible, it is recommended that the GN or DS issue letters to those women that need access to their husband’s accounts that will allow them the same banking privileges. Relief should be distributed to the appropriate person in order to avoid the use of both cash relief, and proceeds from the sale of relief goods, for the purchase of alcohol. The delivery of relief to affected communities should be monitored to ensure that relief is delivered to true beneficiaries. Adequate relief package should be given to all affected persons until they are in a position to provide for themselves.
Adopting Non-Discriminatory Policies related to Relocation and Land Distribution
In cases where land titles are issued, joint land titles should be issued rather than issuing land title to the household head. The Land Development Ordinance No. 19 of 1935 must be amended to provide for gender equality.
Rebuilding Houses
Government agencies and NGOs should ensure the right to housing of affected populations. Shelter is an essential right that must be upheld and meet minimum standards provided by UNHCR and the Sphere Guidelines. Government should ensure temporary shelter at the earliest to all displaced persons during a humanitarian crisis. Government must also expedite options to permanently resettle the displaced persons. This could be done by compensating to rebuild the damaged houses, identifying and allocating land for permanent shelters to be built, identifying donors or rebuilding houses. The “house for a house” policy must be implemented in all districts. This is particularly important in the North and East, where families may have owned more than one house for the purposes of dowry. When introducing different compensation schemes for housing (i.e., owner driven housing scheme and donor driven housing scheme introduced for Tsunami affected IDPs), relevant government authorities should consider non-discrimination and equitable treatment for all IDPs.
Re-establishing Livelihoods
Adequate attention should be given to all sectors affected. Compensation schemes, loans and grants could be introduced to restore livelihoods. New livelihood projects could be introduced without trying to promote only traditional coastal livelihood. Gender equity should be considered when developing and introducing livelihood projects. Livelihood programmes should be introduced for women headed families and widows.
Sending affected Children Back to School at the Earliest
In cases where schools are used as refugee camps, the schools should be cleared at the earliest, in order not to hider the regular education system of the affected children. If the schools is affected by the natural or man-made disaster, necessary prompt action should be taken to reconstruct the schools as soon as possible. Until the affected school is reconstructed alternate education facilities should be provided for children. The government must ensure boys and girls equal enjoyment of the right to education. In the context where girls are more likely to drop out of school for cultural and economic reasons, positive measures may be taken to guarantee the right to education for girls, in accordance with Article 10 of the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW).
Protecting the Health of Affected Communities
The Government must ensure that health services are provided without discrimination to all camps and transitional shelter sites. Women should be consulted regarding the relief they receive in order that nutritional needs can be met. Promoting awareness regarding sexual health and HIV/AIDS is essential in circumstances where large groups of people are living in close proximity to one another. Access to reproductive health services must be improved. Mental health programmes and psychosocial counselling services must be prioritized.
3 PROTECTING GROUP RIGHTS OF THE VULNERABLE DISPLACED COMMUNITIES
Recognizing and strengthening the role of vulnerable groups
It is important to recognize vulnerable groups (i.e., minority communities, women, youth, older persons, children, disabled persons, etc.) and strengthen the role of the vulnerable groups through emergency response programs.
Ensuring Wellbeing of Orphan ChildrenIt is necessary to develop strong mechanisms to effectively address issues related to child orphans. Orphan children’s conditions should be monitored by a Government Authority till they complete the age of 18. Orphan children should be promoted to stay with their extended family rather than in institutions.
Finding Employment Opportunities for Youth
Training or employment programs should be introduced for the youth who are idling in welfare camps and in transitional shelter, in order to utilize these human resources in a fruitful manner.
Guaranteeing Older Persons Access to Relief and Government Services
Include older persons in rehabilitation programs. Support vulnerable older people who want to work to establish their livelihoods. Establish mechanisms to support older people access their entitlements. Create opportunities for older people to participate in decision making.
Protecting the Right to Equal Access for Relief, Property and Land for Women
The participation of women at all levels (from grassroots to government), in the processes of relief, rehabilitation and reconstruction should be ensured. Social and cultural factors play a large part in limiting women’s participation. It is therefore necessary to engage in awareness-raising campaigns in order to promote the value of women’s participation in decision-making at all levels. A protection mechanism must be established that allows for the proper reporting and follow up of cases of domestic violence. Reports of domestic violence must be properly logged at police desks and hospitals in order that a representative database can be compiled. A database would allow for an accurate representation of the problem of domestic violence in Sri Lanka, and would allow for the causes and consequences of domestic violence in local contexts to be investigated.
The local women's groups that are active at the grassroots level should be mobilized to monitor and report violations of women’s rights and gender based violence. These organisations are made up of local actors who often have established relationships with the communities they work with. They are therefore well-placed to know the needs of women in terms of health, education, livelihood, and protection from gender-based violence. These women's groups are also in a position that allows for longer-term relationships of trust to be formed between their representatives and local women. Issues like domestic violence, incest, and other instances of abuse occurring in the private sphere are therefore more likely to be reported to them. In a context where these realities are much hidden, a strong basis of trust is important.
Effective gender monitoring cannot take place unless women are made aware of how disempowering denial of basic rights and neglect of their specific concerns can be. Local women's groups can also work within communities to empower women to recognise and deal with issues together. As it stands, women often accept discrimination as a natural part of life, and unless they are themselves mobilised to change this, no amount of monitoring from the 'outside' will yield results. Monitoring that occurs at the district level must be reported to a more centralised body (for example, the National Committee on Women, or a structured NGO like Women in Need - WIN) that can then take steps towards policy change.
Revise applicable legislation to enable appropriate action to correct specific disabilities in respect of inheritance of property by women. This is to permit joint ownership of government land and housing granted to persons. IDP women must be targeted in an information campaign to increase their awareness of their property rights and entitlements.
Equal treatment for all type of IDPs
The Government circulars, Policies and Administrative Laws applicable for all types of IDPs (i.e., War affected, Tsunami affected, etc.) should be equal. A mechanism should be established in order to ensure that the rights of war-affected IDPs as well as the rights of tsunami affected IDPs are respected when relocating or resettling. The resettlement process for both types of IDPs should be supported by the government of Sri Lanka and the international community with substantial contributions from local grassroots organisations if it is to be a success. Local minorities should be protected in post-war and post-tsunami IDP resettlement. Humanitarian assistance should be granted in an equitable basis. Portion of land identified and the structure and quality of the houses built for both types of IDPs should be similar. IDPs should not be forcibly relocated. The decisions that influence the life of IDPs, such as the place of resettlement, should be taken after consulting the IDPs. Resettlement programs should consider protecting multi-culturalism.
4 GENERAL RECOMMENDATIONS TO ENSURE THE PROTECTION OF RIGHTS OF THE DISPLACED
Strengthening the Capacity of Public Authorities to Handle Disaster Situation more EfficientlyIt is recommended to introduce incentive payments for Public Servants working in disaster affected localities, as in such situations they have to address an additional work load and to work over time. Necessary resources should be provided for the responsible Government Authorities to carryout their duties properly. Resources include vehicles, computers, human resources, telephones, fax machines, stationary etc. The mechanisms established for Recovery and Reconstruction should have female representation as well as representation from all three ethnic communities (Muslim, Sinhala, and Tamil). There should be a Committee/ Desk/ Task Force or Authority responsible for each vulnerable group (i.e., women, elderly, children, youth, minorities, disabled, etc)
Coordination and Efficiency
Effective coordination should be established among the Government, the UN, INGOs, NGOs, and CBOs and there should not be overlapping responsibilities among authorities. Should provide clear policy advisories to all actors (Government, UNO, INGOs, NGOs). There should be information sharing about needs and sectoral activities. There should be only one point of Coordination at every level,(National, District, Divisional and Village).
Collecting disaggregated data by age and gender
Government should ensure that census records include disaggregated data on gender and age, including people over 60. This information can be used to develop disaster preparedness plans that take account of children, youth, women and older people and allow analysis of how such disasters affect all age groups.
Relief agencies and NGO’s are asked to include children, women, disabled persons, youth and older persons in their registration processes and needs assessments. This information can make rehabilitation programs more inclusive by targeting vulnerable groups.
Government and Civil Society being Prepared for Future Vulnerabilities
Establish systems including awareness creation to ensure community and local government monitoring in infrastructure development. Local governments should take the initiative to prepare a holistic plan for community development for rebuilding that includes infrastructure and other community needs. Establish strong monitoring and follow up mechanisms at the national and district levels to ensure proper implementation of development plans. Follow planning and construction guidelines, which are already available for monitoring the quality of the rebuilding process. All plans and programmes should be consistent with national disaster management plans.
Strengthen the multi-hazard early warning system at the national and local levels to reduce vulnerability of communities to disasters.
State sector agencies and NGOS should take the lead in empowering affected communities by sharing information with them. INGOs and NGOs should organize or liaise among themselves and evolve an efficient mechanism to consult with communities being assisted by them.
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