llrc nap monitoring report - 22 jan 2013

Contents

Ministry of Defence & Urban Development .............................................................................................................................................................................................. 1

Ministry of Justice ...................................................................................................................................................................................................................................... 7

Attorney General’s Department .............................................................................................................................................................................................................. 10

Ministry of Lands & Land Development ................................................................................................................................................................................................... 13

Ministry of Finance & Planning ................................................................................................................................................................................................................ 17

Ministry of External Affairs ...................................................................................................................................................................................................................... 18

Ministry of Public Administration & Home Affairs ................................................................................................................................................................................... 19

Ministry of Rehabilitation & Prison Reforms ........................................................................................................................................................................................... 21

Ministry of Resettlement ......................................................................................................................................................................................................................... 23

Ministry of National Languages & Social Integration ............................................................................................................................................................................... 24

Ministry of Education ............................................................................................................................................................................................................................... 27

Ministry of Higher Education ................................................................................................................................................................................................................... 29

Ministry of Health .................................................................................................................................................................................................................................... 29

Ministry of Plantation Industries.............................................................................................................................................................................................................. 30

Ministry of Child Development & Women’s Affairs ................................................................................................................................................................................. 30

Ministry of Telecommunication & Information Technology .................................................................................................................................................................... 31

Ministry of Culture & The Arts ................................................................................................................................................................................................................. 32

Ministry of Mass Media & Information .................................................................................................................................................................................................... 32

Ministry of Religious Affairs ..................................................................................................................................................................................................................... 33

Ministry of Sports ..................................................................................................................................................................................................................................... 34

Presidential Task Force for Resettlement, Development & Security in the Northern Province .............................................................................................................. 34

Presidential Secretariat ............................................................................................................................................................................................................................ 35

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (January, 2013)

1

Ministry of Defence & Urban Development

Recommendation Activity Partner Agencies

Key Performance Indicator (KPI)

Timeframe

The Ministry has established a Steering Committee of eight members to streamline and coordinate the implementation of LLRC recommendations carried out by the Armed Forces and the Police. The Committee is authorized to summon any member of the Armed Forces and the Police or any other relevant agency to discuss any specific issue and furnish any information that may be required with regard to any matter that comes under the purview of the Ministry Steering Committee. The mandate of the Steering Committee is:

a. to formulate the Ministry Action Plan in line with the National Action Plan. b. to ascertain whether the Armed Forces and Police have already taken action to implement the relevant recommendations made by the LLRC that are

applicable to them and if not, to inform them through Office of the Chief of Defence Staff, Ministry of Defence to initiate action immediately. c. to maintain a ‘Status Board’ with regard to ministerial plan aforesaid covering recommendations that are relevant to the Armed Forces and the Police. d. to regularly monitor the Status Board aforesaid and to brief the Secretary Defence monthly on the progress made. e. to attend various meetings concerning the National Action Plan and in this regard, the Chairman shall represent the Steering Committee and he may be

assisted by any or all members of the Committee.

f. to implement any other task that may be incidental or necessary to give effect to the mandate aforesaid.

International Humanitarian Law Issues

1. 9.9, 9.37a. - Ascertain more fully the circumstances under which specific instances of death or injury to civilians could have occurred, and if such investigations disclose wrongful conduct, prosecute and punish the wrongdoers.

Complete ongoing disciplinary process being conducted in terms of Armed Forces statutes.

o Disciplinary inquiries concluded

12 months

1) Army Court of Inquiry is in progress to investigate the instances of civilian casualties that are mentioned in the LLRC Report and also to investigate the Channel 4 allegation. The Court of Inquiry had decided to investigate “civilian casualties allegation” first and to date, 50 witnesses have been examined. These witnesses were examined on alleged incidents of shellings that are mentioned in the LLRC Report. The Court has to investigate more than 50 incidents mentioned in the LLRC Report that are alleged to have occurred at different localities, extending from the West Coast to the East Coast of Northern Sri Lanka, at different dates and times. The inquiry requires the identification of the Artillery Regiments, Formations and Infantry Battalions that are relevant to the incidents alleged and the examination of the commanders concerned. Such an inquiry is naturally time consuming. The inquiry will be concluded shortly, by mid January 2013.

2. 9.23 - Launch a full investigation into allegations of disappearances after surrender/arrest and where such investigations produce evidence of any unlawful act on the part of individual members of the Army, prosecute and punish the wrongdoers.

Complete ongoing disciplinary process being conducted in terms of Armed Forces statutes.

o Disciplinary inquiries concluded

12 months

2) Allegations of disappearances currently probed by the CID


2



Timeframe

3. 9.39 - Initiate an independent investigation into the Channel 4 Video to establish the truth or otherwise of the allegations arising from the video footage.

Assess current processes being pursued to examine the authenticity of the allegations in Channel 4 namely, the inquiry currently conducted by the Army.

Based on such results take follow up action as appropriate.

o Presidential Secretariat

Assessment completed

Follow up action identified and pursued, as appropriate.

06 months

3) The Court of Inquiry aforesaid has been tasked to investigate this matter. Once the 1st part of the investigation is over, the court will investigate the channel 4 allegations.

Human Rights

4. 9.48 - Direct law enforcement authorities to take immediate steps to ensure that allegations [of abductions, enforced or involuntary disappearances, and arbitrary detention] are properly investigated into, and perpetrators brought to justice.

Identify impediments, if any, to the effective enforcement of the law.

Strengthen investigation skills of Police.

Enhance the capacity of the Police to put in place a more effective surveillance mechanism of the locality in cooperation with the local community and establish community policing.

o Police Department o CBO’s

Impediments identified and remedial action taken

Programmes to strengthen skills integrated into Police training modules

6 months 12 months

4)

2729 complaints regarding disappearance of persons have been reported to Terrorist Investigation Division. (TID).

Inquiries into 1616 complaints have been completed.

Inquiries into 1113 complaints are to be completed.

There are 422 Community Policing Units set up Island wide in every main Police Station.

These units are supervised by the Community Policing Division in Colombo headed by a Superintendent of Police.

Training of Police Officers on Community Policing is being conducted continuously.

In addition, a training programme on Community Policing sponsored by the Scottish Government is also under way.

5. 9.51 Appoint a Special Commissioner of Investigation to investigate alleged disappearances and provide material to the Attorney General to initiate criminal proceedings as appropriate. Provide the Office of the Commissioner with experienced investigators to collect and process information.

Invoke the present procedures as available in the Code of Criminal Procedures with priority given to such complaints.

Sensitize the public with regard to availability of the various mechanisms through the GIC (1919).

o Police Department o Attorney General’s

Department o Ministry of Justice

The launching of appropriate mechanisms to inform the public of the present facilities via the media

3 months

5. 1) Please refer to Recommendation 9.51 under M/Justice. 2) Action will be taken under M/Defence to create awareness through special TV programmes

Part of Rec. 9.51 listed under this Ministry in the original report is transferred to another section, as it is not an activity of the Ministry.

Rec. 9.59 listed under this Ministry in the original report is transferred to another section, as it is not an activity of the Ministry.


3



Timeframe

6. 9.60 - Provide comprehensive, island-wide human rights education programmes targeting the school children, youth, members of the Security Forces, and the Police etc.

Implement activities identified in the NHRAP

o NHRC o Armed Forces o Police Department

Implementation of NHRAP monitored

Governed by the time frame as per the NHRAP

6)

Army has a dedicated directorate of Human Rights and IHL under a Brigadier. The said directorate has been set up to disseminate HR law/ IHL to all ranks. The trainers have been trained by ICRC, HRC and Colombo University HR Centre. Under these trainers a very compressive training programme is conducted for all ranks to educate them on HR Law/IHL. During 2012, 1,118 programmes have been completed.

From 2008 to date, 33 Training Courses on Human Rights for Police Officers have been conducted. 3126 Police Officers have been trained on Human Rights. This training programme is being continued.

7. 9.63 Create a centralized comprehensive database containing a list of detainees, which should be made available to the next of kin with names, place as detention as well as record of transfers

The present database to be enhanced with easy access to information being available to NOK

Enhanced database 6 months

7) The information is available, but AG advice is required with regard to the release of the names of the detainees. A recommendation to make available such information at DIG offices is being considered.

Details of persons arrested by the TID since 19.05.2009

Number of persons arrested – 2680

Number of inquiries completed - 156

Number convicted – 46

Number discharged – 21

Pending cases – 89

Number of persons sent to rehabilitation centres after arrest – 1766

Number of persons sent to prison after filing cases on completion of inquiries – 128

Number of persons released from custody – 416

Number of persons currently in custody – 214 ** (This has reduced to 200 as at 11.01.2013)

8. 3 1. Publish a list of names of those in

detention.

Continue current practice of informing next of kin regarding location of detainee. (NB: NHRC is also informed).

o Police Department

The availability of a comprehensive list of names and relevant data to the NOK.

Ongoing

8) (1) AG’s advice is required with regard to release of names of detainees. Exploring recommendation to inquire from detainees about their NOK and inform such NOK regarding location.

2. Issue a certificate when a person is discharged so that that the same person

Examine and report on the practical application of such a procedure and its feasibility.

o Attorney General’s Department

Report published End 2012


4



Timeframe

is not taken into custody again, unless new evidence is discovered against him.

3. Look into the general issue of law’s delays to expedite prosecution or discharge detainees.

Formulate a programme to divert suspects from the criminal process to voluntary rehabilitation in appropriate cases;

Enable indictments to be filed in an additional number of courts to ease the backlog.


o Police Department o Ministry of Justice

End 2012

8 (3)

Please refer to Recommendation (3) under M/Justice.

9. 9.73 - Conduct proper investigations in respect to allegations against the illegal armed groups. Institute criminal proceedings against offenders

During the time of the conflict, illegal armed groups were known to operate in the theatre of conflict. Steps have been taken to completely eliminate this activity. These measures will be continued to be implemented to ensure that these groups do not re-emerge.

The effective maintenance of law and order

9) Already implemented. In the immediate aftermath of the war, action was taken by the Government to disarm all persons in the North & East. Previously certain political groups who had been regularly targeted by LTTE terrorists were given arms for their personal protection. However, at present all such arms have been withdrawn and only the armed forces and the police are allowed to carry arms not only in the North & East, but in all parts in the Island.

10. 3. Introduce specific measures to ensure the maintenance of law and order, particularly the disarming of any illegal armed groups

Examine crime statistics and trends to identify critical issues;

Take necessary measures to improve law enforcement.

o Police Department o Police Department

Effective Vigilance

Decrease in incidents of crime

Ongoing

Ongoing

10) Already implemented as (9) above.


11. 9.115a-c Take all steps to prevent harassment and attacks on media personnel and institutions. Give priority to the investigation, prosecution and disposal of such cases. Properly investigate past incidents of such illegal action.

Complete investigations into current cases

o Police Department

Investigations completed.

12months

12. 9.115d - Ensure the freedom of movement of media personnel in the North and East

Identify impediments to free movement, if any, of media personnel in the North and East

Take appropriate action to remove impediments, if any

o Police Department

o Ministry of Mass Media and Information

All impediments, if any, removed

6 months

12) Already implemented. There are no restrictions for any person, including foreigners, to travel to North & East. Foreign passport holders, including persons of


5



Timeframe

Tamil origin, travel to North & East daily for various matters. They do not require any permission from MOD.

13. 9.119 - Allow visitors from overseas to visit their friends and relatives in recently resettled areas without any undue restrictions

Identify whether there are undue restrictions to visits and remove such restrictions, if any.

o Police Department

o Respective GA’s

The formulation of a report which confirms that no such restriction exists

6 months

13) Already implemented. As (9.115d) above.

14. 9.120 - Implement recommendations of past commissions of inquiry, particularly those relating to further investigation and prosecution of offenders involved in the death of – a) 5 students in Trincomalee in January 2006 ; and b) 17 Aid Workers of the ACF in August 2006

Examine recommendations of Committees

Ensure follow up on recommendations are implemented

o Police Department


Recommendations implemented.

Ongoing

(a) Criminal Investigation Department conducted investigations into the case of killing of 05 students in Trincomalee in 2006. Outcome of the inquiries have been forwarded to AG on 13.03.2006 under reference number CR1/59/2006. On the advice of the AG, CID is conducting further investigations. Magistrate's Court Trincomalee case number is B/11/2006.

(b) CID has conducted investigations into the killing of 17 Non-Governmental Organization workers on 04.08.2006 in Muttur. Outcome of the inquiry have been forwarded to AG on 18.04.2007 under reference number CR1/185/2007. Magistrate's Court Trincomalee case number is B/843/2006.

Advice of AG is awaited.

Land Return and Resettlement

15. 9.142 - Review the 2 existing HSZs in Palaly and Trincomalee-Sampur, as well as small extents of private land currently utilized for security purposes, with a view to release more land while keeping national security needs in perspective. Complete the provision of alternate lands and or payment of compensation within a specific time frame

Consequent to the review already completed –

Release lands where possible;

b) Take steps to re-locate or to pay compensation acting under applicable Statutes (Land Acquisition Act).

o Ministry of Lands

Lands released

Re-location completed

Compensation paid

Ongoing

6 months

3 years

15)

In the aftermath of the Humanitarian operation, all HSZs have been dismantled and troops have been re-located to military cantonments and bases. Locations for such cantonments have been selected in such a manner so as to cause minimum inconvenience to the public.

Security situation is re-evaluated periodically, and based on such assessment, lands/ HSZs are released to the public.

Sampur is not occupied by the military. The land is earmarked for BOI projects.

The Armed Forces will continue to evaluate the security situation and more lands will be released to the public in due course. It must be noted that 90% of the lands that are presently used by the military belong to the state.

There are provisions to compensate owners divested of their lands by providing monetary compensation or alternative lands.


6



Timeframe

Details of HSZ dismantled

Previous HSZ area - 4098.36 ha

Area Released - 1515.9 ha

Present Cantonments/ Bases - 2582.45 ha

Details of land blocks released

Jaffna - 238 ha (35 ha yet to be released)

Wanni - 27ha (25 ha yet to be released)

East - 39 ha (36 ha yet to be released)

Kilinochchi - 13 ha (08 ha yet to be released)

Mullaitivu - 07 ha

Reconciliation

16. 9.171, 9.227 - Phase out the involvement of the Security Forces in civilian activities and use of private lands by the Security Forces with reasonable time lines being given

Formulate Plan for further reducing involvement of Security Forces in civilian work. (95% already withdrawn from civilian duties) having regard to the experiences of the reconciliation programmes

A marked reduction or withdrawal of security force personnel for civil activities

6 months

16) Already implemented. Civilian administration (GA, AGAs) is in total control.

17. 5. Encourage free movement of persons on A9 to ensure greater participation in the economic, social and cultural activities.

Identify and remove unnecessary obstacles that impede free movement on the A9, if any.

Unnecessary impediments, if any, removed

02 months

17) Already implemented No restriction whatsoever to move along A -9 road. Even foreigners can go to North without any special permission from MOD.

18. 9.204 - Take immediate action to disarm persons in possession of unauthorized weapons and prosecute such offenders

Ensure strict enforcement of the provisions of the Offensive Weapons Act/The Firearms and Explosives Act and the successful prosecution of legal action against offenders.

o Police Department A complete disarming of persons in possession of unauthorized weapons.

6 months

18) Already implemented. In the immediate aftermath of the war, action was taken by the Government to disarm all persons in the North & East. Previously, certain political groups who had been regularly targeted by LTTE terrorists were given arms for their personal protection. However at present all such arms have been withdrawn and only the armed forces and the police are allowed to carry arms not only in the North & East, but in all parts in the Island.

19. 9.213 - Ensure that all allegations are investigated and wrongdoers are prosecuted and punished irrespective of their political links (9.206-209 Includes examples of uninvestigated allegations related to Bhareti, Karuna, EPDP extortion, and a gang led by a person called Major Seelan)

Conduct investigations speedily and ensure that the Rule of Law prevails having due regard to the Constitution. Guarantee of the equal protection of the law


Department o Ministry of Justice

An increased rate of successful prosecutions.

6 months


7



Timeframe

19) Investigations pending in remaining 181 cases will be completed early and the remaining suspects will be required to participate in specially designed rehabilitation programmes.

20. 9.218, 219 - Establish an independent institution with a strong investigative arm to address the grievances of all citizens, in particular the minorities, arising from the abuse of power by public officials and other individuals involved in the governance of the country. Ensure that any citizen of this country who has a grievance arising out of any executive of administrative act, particularly those base on ethnicity or religion, should have the right to seek redress before the independent institution

Review the provisions of existing Institutions to identify additional and more effective measures that need to be taken to strengthen citizen’s rights.

Introduce measures/ mechanisms/ amendment to laws to strengthen citizens grievance mechanisms


o Attorney General’s

Department

o Ministry of Justice

o Report submitted by major stakeholders to the Cabinet of ministers

6 months

21)

M/Justice will be considering recommendations to enhance the presence of HRC offices in Kilinochchi, Mullaitivu and Mannar districts to facilitate the public. In addition, Legal Aid offices will be initiated in Jaffna and Kilinochchi.

Action will be taken by IGP to create public awareness on citizen’s rights and how to seek redress for grievances.

21. 9.270 - In consultation with inter-faith groups, facilitate the establishment of a mechanism that serves as an early warning and early diffusing system to ensure that communal or religious tension or friction does not lead to conflict

Continue implementation of the Civil Defence Committee programme of the Police and Community Policing programme.

Implement capacity building programmes for the Police officers in the CDC’s

o Department of Police

o Implementation of such programmes and wide publicity of such programmes

6 months

23)

120 Senior Police Officers are trained on the tasks of the Civil Defence Committees.

Ministry of Justice



Timeframe


1. 9.9, 9.37a. - Ascertain more fully the circumstances under which specific instances of death or injury to civilians could have occurred, and if such investigations disclose

Upon conclusion of disciplinary process being conducted in terms of Armed Forces statutes, take follow up action to prosecute, where relevant.

o Attorney-General’s Department

Offenders prosecuted

Cases filed in Court

24 months

24 months


8



Timeframe

wrongful conduct, prosecute and punish the wrongdoers.

Use the existing system as provided for in the Criminal Procedure Code to originate a complaint and give such mechanism sufficient publicity.

(1)

Discussions have been held with officers of the AG’s Department. As soon as the Police conclude investigations, the AG’s Department will take action, where appropriate, to initiate prosecution of offenders.

The existing provisions in the Criminal Procedure Code are adequate to provide for this issue.




o Attorney-General’s Department



24 months

24 months

(2) Same as (1) above.

Human Rights

3. 9.48 Direct law enforcement authorities to take immediate steps to ensure that allegations [of abductions, enforced or involuntary disappearances, and arbitrary detention] are properly investigated into, and perpetrators brought to justice.

Strengthen access to justice.

Enhance the capacity of the Police to put in place a more effective surveillance mechanism of the locality in cooperation with the local community and establish community policing.

o Legal Aid Commission o CBOs o Police Department

Access to justice programmes identified and implemented by establishing community policing units

12 months

(3) There are more than 70 Legal Aid Centres functioning islandwide whoch are implementing Access to justice programmes. The Police Department has already introduced a Community Policing System in most Police areas within the country. [For more details, please refer to 9.48 under M/ Defence & Urban Development].


Invoke the present procedures as available in the Code of Criminal Procedures with priority given to such complaints.



Department o ICTA


3 months

(4) Steps are being taken to appoint a Special Commissioner of Investigation and to set up an office. Thereafter GIC will be required to give publicity on the mandate if the Special Commissioner of Investigation. The collation and perusing of study reports already made on this subject are also being considered. Budgetary allocation has also been requested for the setting up of the office.


9



Timeframe

5. 9.57 - Appoint an Independent Advisory Committee to monitor and examine detention and arrest of persons taken into custody under any regulations made under the Public Security Ordinance or the Prevention of Terrorism Act (This Rec. which was listed under M/Public Administration in the original report is transferred to this section)

See activities under recommendations 9.9, 9.37 (a) (b), 9.23, 9.39

6. 9.59 Frame domestic legislation to specifically criminalize enforced or involuntary disappearances

Examine the need for legislation

Formulate and present law to Parliament, if law reform is found to be necessary with emphasis on the need to impose heavy terms of imprisonment as a deterrent.


o Police Department

Review of laws completed

Legislation drafted and presented to Parliament, if found necessary

24 months

(6 ) Legislation is being drafted. If reforms are found to be necessary in the existing legislation, amendments will be introduced.

7. 3 3. Look into the general issue of law’s

delays to expedite prosecution or discharge detainees.



o Attorney General’s

Department o Police Department

End 2012

7)

There are reports available from a number of committees appointed in the recent past to look into the issues of law’s delays. The Ministry has initiated a study to identify recommendations in such reports. Ministry has also taken steps to propose legislation to address some of the recommendations including amendment to the Civil Procedure Code to introduce Pre-Trial Procedure. It is also proposed to introduce Children (Judicial) Protection Bill, Amendments to Prescription Ordinance, Amendments to the Criminal Procedure Code and Protection of Victims and Witness Bill.

Reconciliation




Department


6 months

(7) Progress as under Recommendations 9.9, 9.37a above.

9. 9.218, 219 - Establish an independent institution with a strong investigative arm to

Review the provisions of existing Institutions to identify additional and more effective measures


o Report submitted by major stakeholders to

6 months


10



Timeframe

address the grievances of all citizens, in particular the minorities, arising from the abuse of power by public officials and other individuals involved in the governance of the country. Ensure that any citizen of this country who has a grievance arising out of any executive of administrative act, particularly those base on ethnicity or religion, should have the right to seek redress before the independent institution

that need to be taken to strengthen citizens’ rights.

Introduce measures/ mechanisms/ amendment to laws to strengthen citizens’ grievance mechanisms

o Ministry of Defence


the Cabinet of ministers

(8) Discussions being held with a view to preparing a report on this matter to be submitted to the Cabinet of Ministers.

10. 9.283 - Enact and strictly enforce deterrent laws to deal with ‘hate speech’ relating to ethnicity, religion, and literature

Examine the adequacy of penal legislation to deal with hate speech.

Introduce law reform if necessary.

Submission of draft legislation to Parliament.

1 year

(9) A Committee has been appointed to study need assessment and make recommendations to Penal Code if necessary. This study is in progress.

Attorney General’s Department



Timeframe


1. 9.9, 9.37a. - Ascertain more fully the circumstances under which specific instances of death or injury to civilians could have occurred, and if such investigations disclose wrongful conduct, prosecute and punish the wrongdoers.





24 months

24 months







24 months

24 months

3. 9.51 Appoint a Special Commissioner of Invoke the present procedures as available in the o Police Department The launching of 3 months


11



Timeframe

Investigation to investigate alleged disappearances and provide material to the Attorney General to initiate criminal proceedings as appropriate. Provide the Office of the Commissioner with experienced investigators to collect and process information.

Code of Criminal Procedures with priority given to such complaints.

o Ministry of Justice appropriate mechanisms to inform the public of the present facilities via the media

4. 1 Create a special mechanism to examine cases of persons being held in detention (for long periods without charges] on a case by case basis and recommend a course of action in regard to disposal of each case.

Identify and establish procedures in the existing system to address the issue

Complete decision making regarding detainees through a dedicated Unit in the Attorney General’s Dept. mandated to examine detention cases.

Processes identified and established

Reduction in the number of detainees.

24 months

5. 2 Establish a focal point in the Attorney General’s Department to support the process of examining detention cases.

Identify and establish procedures in the existing system to address the issue

Complete decision making regarding detainees through a dedicated Unit in the Attorney General’s Dept. mandated to examine detention cases.

Unit established 24 months

6. 9.59 Frame domestic legislation to specifically criminalize enforced or involuntary disappearances

Examine the need for legislation

Formulate and present law to Parliament, if law reform is found to be necessary with emphasis on the need to impose heavy terms of imprisonment as a deterrent.

o Ministry of Justice o Police Department

Review of laws completed

Legislation drafted and presented to Parliament, if found necessary

24 months

7. 3 2. Issue a certificate when a detained

person is discharged so that that the same person is not taken into custody again, unless new evidence is discovered against him.

3. Look into the general issue of law’s delays to expedite prosecution or discharge detainees.

Examine and report on the practical application of such a procedure and its feasibility.



o Police Department o Ministry of Justice o Police Department

Report published

End 2012 End 2012

2. 9.120 - Implement recommendations of past commissions of inquiry, particularly those relating to further investigation and prosecution of offenders involved in the death

Examine recommendations of Committees

Ensure follow up on recommendations are implemented

o Police Department

Recommendations implemented.

Ongoing


12



Timeframe

of – a) 5 students in Trincomalee in January 2006 ; and b) 17 Aid Workers of the ACF in August 2006

Reconciliation

3. 9.212 - Set up units of the Attorney General’s Department in the Provinces to guide and advise the police regarding criminal investigations, prosecutions and other matters touching upon the criminal justice system

Formulate TORs for Units in the AGs dept. and establish same.

Include relevant modules in the training programmes for Police Officers.

Enhance capacity of the Trainers of the Police Training College.

o Police Department o Police Department

Enhanced capacity of AG’s Department units

Improvement in the quality of investigations

Greater success in prosecution and a general improvement in the Criminal Justice System

12 months



o Department of Police



6 months


Review the provisions of existing Institutions to identify additional and more effective measures that need to be taken to strengthen citizens rights.






6 months


13

Ministry of Lands & Land Development

Recommendation Activity Partner Agencies Key Performance Indicator (KPI)

Timeframe

Human Rights

1. 9.104 - Grant the legal ownership of land to those [IDPs] who have been resettled.

Continue implementation of circular which provides for grant of ownership.

Circular implemented. Ongoing

(1) o Following Court of Appeal decision on case CA/620/2011 filed by Hon. A Sumanthiran (TNA MP), Land Commissioner General’s Circular No 2011/4 was

suspended on the advice of the AG. New Circular will be issued and circulated to all District and Divisional Secretaries in North and East provinces by end 2012.

o Ministry will give wide publicity to the new Circular through media and awareness workshops from January 2013. o Ministry will take suitable action to facilitate persons to lodge complaints regarding their lands in offices in the North and East provinces as well as the

Ministry in Western province. o Title Registration work has commenced in the DSDs of Nallur, Karachchi, Vavuniya North, Maritimepattu, Musali Manmune North, Vakarai, Ampara Damana,

Eravurpattu, Trincomalee, Kinniya, Kuchchaveli and Thambalagamuwa

2. 9.106 - Create awareness among IDPs about policies [with regard to the areas that are available for people to resettle] and the options available to them.

Conduct awareness programmes with relevant groups on the implementation of circular No. 2011/4 of 22.07.2011 issued by the Commissioner General of Lands

Awareness programmes conducted

6 months

(2) o All Public Officers in Mullaitivu and Kilinochchi have been made aware of the new Circular. Action is taken to create awareness among the general public on

same. o General public is being made aware of activities under the Title Registration programme



3. 9.124 Ensure that - (1) Any citizen of Sri Lanka has the right to acquire land in any part of the country, in accordance with its laws and regulations, and reside in any area of his/her choice without any restrictions or limitations.

(a) Conduct study to ascertain whether practices infringe on legal rights to acquire land

(b) Take appropriate steps to remove infringements, if any exist

Effective implementation of the policy on land use with a view to identifying appropriate state land available for settlement.

o P.T.F. for N

A completed study of the alienation of state land with specific reference to the N & E

12 months


14


Timeframe

(2) land policy of the Government is not an instrument to effect unnatural changes in the demographic pattern of a given Province. (3) distribution of State land continues as provided for in the Constitution

Appoint a 4th

Land Commission with a TOR similar to the previous three (i.e. the LC’s of 1927, 1936 and 1985) to recommend policy to address issues.

Ensure effective implementation of Statutes, i.e. The State Lands Ord., Land Development Ordinance, Land Grants (Sp. Provisions) Act.


Appointment of the 4th

Land Commission

24 months

9.124 (1), 9.124 (3) These rights are safeguarded under the new Circular.

4. 4. Issue of a clear statement by government that private lands would not be utilized for settlements by any Government agency.

Formulate a Policy to deal with the issue of settlements.

Policy formulated 12 months

4 National Involuntary Resettlement Policy is available.

5. The LLRC offers the following recommendations in order to ensure that the land policy and the associated Programme proposed in July 2011 is effectively implemented:

9.126 - Assure people through a publicity effort that the Programme seeks to make available land to all returning IDPs as expeditiously as possible and is not a substitute for recourse to the Courts of Law where people are in possession of valid legal proof of their claim to the land in question.

The proposed 4th

Land Commission to take cognizance of the recommendation 9.126, 9.128, 9.129, 9.131 to 9.136 and consider the feasibility of the implementation of such recommendations

Implementation of the activities in keeping with the findings of the 4

th

Land Commission

24 months

9.126 This is provided for under the new Circular.

9.128 - Provide the needed human and financial resources

9.128 Funds have been allocated under 2013 budget. Approval has been granted to recruit required human resources which will be completed during January – February 2013.

9.129 - Supervise civil administration officers tasked with the implementation of the Programme by respective Government Agents and monitor implementation quality at the national level by the Land Commissioner General.


15


Timeframe

9.129 This recommendation is being implemented.

9.131 - Organize a well-planned media seminar on the Programme to enable the Media to project an accurate and clear view of the Programme

9.131 This activity is being implemented by the provisions of the new Circular and will be completed in January 2013 in all three languages.

9.132 - Conduct well designed training programmes for all officers and community leaders selected for various Committees

9.132 This activity was suspended due to case No. CA/620/2011 filed in Court of Appeal against Circular 2011/4

9.133 - Launch a well-designed, communication campaign in simple Tamil and Sinhala language to help displaced persons come forward to benefit from the Programme

9.133 A communication campaign is underway covering 75 DSDs. The campaign will continue until March 31, 2013.

9.134 - Confine the participation of security forces officers to expediting the release of maximum extents of lands being utilized for security purposes.

9.134 Implementation completed. Only Civil Officers in charge of land matters have been deployed under the new Circular.

9.135, 136 - Organize and hold a well-publicized ‘Community Consultation Meeting’ in each District Secretariat area prior to the launch of the First Committee investigation process. Establish a mechanism to rapidly consider constructive suggestions made through this process

9.135, 9.136 This activity was suspended due to case No. CA/620/2011 filed in Court of Appeal against Circular 2011/4

6. 9.140 - Apply strict controls to prevent any alienation of State land other than for IDPs until the proposed Programme is

Ensure implementation of provisions of the Circular of the M/Lands which incorporates this principle.

Implementation of circular

3 months


16


Timeframe

implemented

9.140 This recommendation is being observed.

7. 9.141 Actively seek the cooperation of a development partner to support the land policy and the associated Programme, based on the understanding that Government of Sri Lanka will be responsible for Programme policy, decision making, and implementation

1. Evaluate the need for an external partner

2. Formulate a project proposal if external resources are found to be needed.

3. Secure assistance as appropriate, if feasible

o Ministry of Resettlement

o Department of National Planning

A report dealing with activities 1, 2 & 3

3 months

(7) Rs 400M in local funds have been provided by the government for this purpose.

8. 9.142 - Review the 2 existing HSZs in Palaly and Trincomalee-Sampur, as well as small extents of private land currently utilized for security purposes, with a view to release more land while keeping national security needs in perspective. Complete the provision of alternate lands and or payment of compensation within a specific time frame

Consequent to the review already completed –

Release lands where possible;

b) Take steps to re-locate or to pay compensation acting under applicable Statutes (Land Acquisition Act).


Lands released

Re-location completed

Compensation paid

Ongoing

6 months

3 years

(8) Acquisition of private lands has been proposed for various development activities. Accordingly, a cadre of 35 is being recruited to complete these activities during the 2 years from 2013 – 2015. This recruitment will be completed within next month. Treasury approval has been granted for expenditure of Rs 460.26M for this entire programme. 23 acquisition proposals received to acquire 564 acres and 43 perches out of 8,680.34 acres under this project. At present, Section 2 has been issued for 60 acres.

9. 9.150 Expedite action on the establishment of a National Land Commission (NLC) in order to propose appropriate future national land policy guidelines as required under the 13th Amendment

Include the proposal to establish a NLC in the TOR of the PSC with a view to receiving recommendations.


Proposal included in TOR of PSC

To be confirmed

10. 9.151 - Develop a land use plan for each district in the North and East with the participation of district and national experts drawn from various relevant disciplines to guide the district administration in land conservation and alienation in order to ensure protection of environment and bio-diversity, sustainable economic development, leisure and recreational standards, religious, cultural, and archeological sites with a view to improving

Provide Ministry of Lands with resources to prepare the Land Use Plan for North and East.

Acting under the Land Use Policy adopted in 2007, develop Land Use Plan for the North and East.

o Ministry of Finance and Planning

o Ministry of Public Administration.

Budgetary provisions made available to Ministry of Lands;

Staff provided to M/Lands;

Land Use Plan for N&E developed.

36 months


17


Timeframe

the quality of life of the present and future generations

(10) o Treasury has granted allocation for 2013. o Recruitment is underway for required staff. o Survey Department has prepared 1:10000 maps for 08 districts o Training and awareness programmes have already commenced. o Experts have been nominated at the national level stakeholder meeting. o Vavuniya and Mannar district level expert group meetings will be held in January 2013.

Ministry of Finance & Planning

Recommendation Activity Partner Agencies Key Performance wIndicator (KPI)

Timeframe


1. 9.37b - Conduct a professionally designed household survey covering all affected families in all parts of the island to ascertain firsthand the scale and circumstances of death and injury to civilians, as well as damage to property during the period of the conflict.

Conduct survey. o Department of Census and Statistics

Mechanism launched to conduct survey

Ongoing

2. 9.51 Devise a centralized system of data collection at the national level, integrating all information with regard to missing persons

Establish an integrated data base to collate information regarding missing persons.

o Department of Census and Statistics

o M/Defence

Data base established and information included

6 months


3. 9.141 Actively seek the cooperation of a development partner to support the land policy and the associated Programme, based on the understanding that Government of Sri Lanka will be responsible for Programme policy, decision making, and implementation

1. Evaluate the need for an external partner

2. Formulate a project proposal if external resources are found to be needed.


o Ministry of Lands

A report dealing with activities 1, 2 & 3

3 months


18

3. Secure assistance as

appropriate, if feasible

4. 9.151 - Develop a land use plan for each district in the North and East with the participation of district and national experts drawn from various relevant disciplines to guide the district administration in land conservation and alienation in order to ensure protection of environment and bio-diversity, sustainable economic development, leisure and recreational standards, religious, cultural, and archeological sites with a view to improving the quality of life of the present and future generations

Provide Ministry of Lands with resources to prepare the Land Use Plan for North and East.

o Ministry of Public Administration.

Budgetary provisions made available to Ministry of Lands;

Staff provided to M/Lands

36 months

Restitution/Compensatory Relief

5. 9.155 - Review the role and capacity of Rehabilitation of Persons, Properties and Industries Authority (REPPIA) with a view to streamlining and augmenting its role and resources in undertaking post-conflict requirements [for compensatory relief].

Procure funding to clear the backlog of cases as well as to prevent lack of funds being the reason for delays and no-payment in the future. Set a time limit for completion of payments

Provide funds for payment of compensation based on an acceptable victim identification process.

o M/Rehabilitation and Prisons Reforms

Issues resolved Ongoing

Ministry of External Affairs


Timeframe

Human Rights

1. 9.108 - Initiate a formal bilateral consultation process between Sri Lanka and India to enable the displaced persons living

Formulate policy with regard to refugees in India.



Bi-lateral discussions held and decisions implemented

24 months


19


Timeframe

in India to take considered decisions with regard to their return to Sri Lanka

Conduct bi-lateral discussions with India in terms of policy

(1)

Despite the availability of UNHCR incentive package for refugees, the flow of returnees is slow. Currently 68,000 are in camps managed by the GOI. M/EA has already initiated action towards bilateral discussions with India. An item on voluntary repatriation of Sri Lankan refugees in India is to be included in the proposed Agenda of the Eighth Meeting of the Indo-Sri Lanka Joint Commission which is scheduled to be held in February 2013.

Steps being taken to constitute 2 inter-ministerial committees, comprising key agencies. South Asia Division of M/EA to be designated the focal point in the ministry for this activity.

Reconciliation

2. 9.261, 263 - Constitute a Multi-Disciplinary Task Force that includes representatives from the Presidential Secretariat, External Affairs, Defense, Foreign Employment, the Private Sector, and Academia, to propose a programme of action to harness the untapped potential of the expatriate community, and to respond to the concerns of the so-called ‘hostile diaspora groups,’ and to engage them constructively with the Government and other stakeholders involved in the reconciliation process.

Formulate programme to harness the untapped potential of the expatriate community, through Sri Lankan overseas Missions.

Implement programme through Overseas Missions

Programme formulated.

Programme implemented

3 months ** Revised as 5 months 3 months ** Revised as 6 months

(2) Steps being taken to constitute the Multi-Disciplinary Task Force, including members from the private sector and academia.

Ministry of Public Administration & Home Affairs Recommendation Activity Partner Agencies Key Performance

Indicator (KPI) Timeframe

Human Rights

1. 9.52 Take all necessary measures for the implementation of the [Registration of Deaths Act] at the administrative level.

Review of progress of implementation of the Registration of Deaths Act in terms of instructions already issued.

Give adequate publicity of the availability of

o Ministry of Public Administration & Home Affairs

Instructions issued to implement the provisions of new legislation.

Ongoing


20


Timeframe

Give adequate publicity to the relevant provisions of the Act through media, Grama Niladharis etc., especially in the conflict affected areas

information through the Governments 1919 IT facility, to people in conflict affected areas

(1) All GAs have been notified of activities to be undertaken under the Registration of Deaths Act No 19 of 2010. Awareness workshops have been held for GNs of North and East. During 2011, 37 and 761 deaths have been registered in the Northern and Eastern Provinces respectively. In 2012, these numbers were 38 and 801. In addition, 29 mobile services were held during 2011 in various DSDs in North and East to issue death certificates. Another one was held in Mullaitivu District Secretariat in September 2012. This matter has been taken up at GA Conferences as well.

2. 9.118 - Ensure people, community leaders, and religious leaders have the freedom to organize peaceful events and meetings without restrictions.

Monitor monthly at GA’s conference, whether there are constraints to enjoying this freedom.

Zero complaints re inability to organize events

Ongoing

(3) This has been discussed at several GA’s Conferences. Action has been taken to make the public aware through the Divisional Secretaries and GNs.

3. 9.119 - Allow visitors from overseas to visit their friends and relatives in recently resettled areas without any undue restrictions

Identify whether there are undue restrictions to visits and remove such restrictions, if any.

o Police Department o Respective GA’s

The formulation of a report which confirms that no such restriction exists

6 months

(4) This has been discussed at several GA’s Conferences. Facilities are already provided for overseas visitors to visit their friends and relatives. GAs in North and East have also had discussions with Security Authorities regarding this.


4. 9.151 - Develop a land use plan for each district in the North and East with the participation of district and national experts drawn from various relevant disciplines to guide the district administration in land conservation and alienation in order to ensure protection of environment and bio-diversity, sustainable economic development, leisure and recreational standards, religious, cultural, and archeological sites with a view to improving the quality of life of the present and future generations

1. Provide Ministry of Lands with resources to prepare the Land Use Plan for North and East.

o Ministry of Finance o Ministry of Lands

Staff provided to M/Lands

36 months

(5) Action has been taken to enable the participation of representative of the M/Lands at GA conferences to discuss all land related matters.


5. 9.162 - Revisit the problem of public servants Examine government policy to identify what Policy examined and 3 months


21


Timeframe

being disqualified from NGO assistance programs

disqualifications exist;

Determine and introduce provisions to ensure equitable assistance.

problem areas identified, if any.

New policy determined, if necessary.

(6) In September 2012, GAs were requested to submit a report on all Public Officers who were affected by the war as well as natural disasters in the North and East. Action will be taken on receipt of reports.

Reconciliation

6. 6. Maintain greater coordination and communication between the GAs and security authorities in normalizing civilian administration.

Identify impediments, if any, that hinder normal civil administration.

Remove impediments.

Review progress at the monthly GA’s Conference conducted by the Ministry of Public Administration

All impediments , if any identified.

All impediments, if any removed and normal civil administration restored.

12 months

(7) GAs have informed that this activity is observed in District Coordination Committees and Civil Defence Committees.

7. 9.285 - Set aside a separate event on National Day to express solidarity and empathy with all victims of the tragic conflict and pledge our collective commitment to ensure that there should never be such blood-letting in the country again

Continue the present practice of expressing solidarity as one nation and one people and of pledging a collective commitment to non-violence and peace so as to ensure a non-recurrence of the past events that led to the internecine conflict


o Ministry of National Languages and Social Integration

Sustainable peace and harmony amongst all people

---

(8) Action to be taken at future events.

Ministry of Rehabilitation & Prison Reforms


Timeframe

Human Rights

1. 9.68, 69 - Screen detainees and give special attention to young detainees and special cases [those with young children, physically disabled, recovering from injury and medical interventions, requiring counseling]

Review the status of the remainder of the detainees with a view to assessing whether special attention to certain groups or individuals is needed.

o Commissioner General of Rehabilitation

Status required to be submitted

3 months


22

(1) The Ministry has already taken steps, with the collaboration of the Ministry of Social Services, to obtain artificial arms and legs for the rehabilitees remaining in the Rehabilitation Centres. Further, necessary arrangements have been made to collect details of the re-integrated disabled ex-combatants to provide artificial limbs to them as well.

(2) With a view to paying a monthly allowance to the disabled, the process of collecting data is underway. As the second stage of this programme, this allowance will be paid to the already rehabilitated and re-integrated disabled ex-combatants in near future. Details of approximately 200 disabled ex-combatants have been submitted to the Ministry of Social Services for onward action.

(3) Discussions have been held with the Ministry of Health about conducting special health clinics for those who suffer from various diseases and illnesses and those who became disabled due to gun shots and mortars. Needy victims will be directed to surgeries and further treatments. Few ex-combatants went through surgeries at the Government Hospital in Vavuniya. The process will be continued to other needy ex-combatants through Government Hospitals.

(4) A system of giving leave for special needs of the families is in progress. (5) Parents, siblings and close relatives are provided with the opportunity to visit the rehabilitees once a week. (6) A series of counselling programmes will be conducted to assure the positive mentality of the family members. (7) Special counselling workshops have already been conducted for the rehabilitees who suffer from mental stress resulted by killings and committing various

other crimes as LTTE combatants.

2. 9.78, 9.82 - Examine on a case-by-case basis the cases relating to young LTTE suspects with a view to instituting legal action without delay or rehabilitating and/or releasing them. Ensure that no sooner than they complete the rehabilitation program, children be allowed to live with their families and assisted to continue their studies or earn a living

This concern has been fully addressed with large numbers pursuing academic activities followed by reunification with their families. This process to be continued by CG/R.

o Commissioner General of Rehabilitation

Programme for re-integration designed and implemented

Ongoing

(1) Discussions have been held with the Ministry of Social Services to provide an amount of Rs. 25,000 for self employed businesses. (2) Exclusive programmes such as giving the young trainees, who lost their parents, in marriage to ensure their protection, care and inculcate family cultures and

providing with job opportunities are in progress. (3) By 2010, all former child soldiers have been conveyed to their parents after rehabilitation and integration process. (4) All former child soldiers are given a proper education and those who got qualified for the Examinations of Ordinary Level and Advance Level were given the

opportunity to sit these examinations successfully with the aid of tutorials conducted. 169 trainees got qualified to enter the university.


3. 9.155 - Review the role and capacity of Rehabilitation of Persons, Properties and Industries Authority (REPPIA) with a view to streamlining and augmenting its role and resources in undertaking post-conflict requirements [for compensatory relief].

Procure funding to clear the backlog of cases as well as to prevent lack of funds being the

Examine the issues that affect the effective implementation of the REPPIA.

Take appropriate action to deal with issues identified.

Provide funds for payment of compensation based on an acceptable victim identification process.

o Ministry of Finance & Planning

Report on REPPIA received.

Action taken as appropriate.

Issues resolved Issues resolved

Ongoing


23

reason for delays and no-payment in the future. Set a time limit for completion of payments

4. 9.164 - Take a decision on compensatory relief for death and injury for those involved

with the LTTE. (This Rec. which was listed under M/Resettlement in the original report is transferred to this section).

Continue with Government programme for the rehabilitation and re-integration of ex-combatants and a reconciliation programme for the next of kin.

o PTF – for NP The effective implementation of the relief programmes granting relief to those NOK affected by death or injury as a direct result of the conflict

24 months

4. 1) Ministry has initiated action to conduct a survey to identify sums of money required. Thereafter a compensatory scheme will be prepared and approved. 2) Rehabilitation Authority has implemented concessionary and loan programmes under the following loan and compensation schemes.

An amount of Rs. 26,352, 500 has been paid for 286 dead and injured persons relevant to the compensation scheme of the most affected.

An amount of Rs. 2,700,000 has been granted for 24 government servants under the compensation scheme of the most affected.

An amount of Rs. 14,453,817 has been given for 231 cases of paying property compensations for general public.

An amount of Rs. 14,344, 029 has been granted for 135 cases of paying compensations for state servants who got affected due to LTTE activities.

A loan of Rs. 182,655,000 has been given for 1085 integrated trainees. Under the self employment loan scheme, an amount of Rs. 55,991,000 has been granted for 768 affected persons. An amount of Rs 200,000 has been paid for 02 religious places under the compensation.

Ministry of Resettlement


Timeframe

Human Rights

1. 9.108 - Initiate a formal bilateral consultation process between Sri Lanka and India to enable the displaced persons living in India to take considered decisions with regard to their return to Sri Lanka

Formulate policy with regard to IDPs in India

o Ministry of External Affairs

Bi-lateral discussions held and decisions implemented

24 months

(1) Current policy is voluntary repatriation. Since 2010, 5304 refugees of Sri Lankan have returned from India. A further 68,000 remain in camps and around 5,000 live with relatives and friends. UNHCR is offering the returnees an incentive package of free air tickets, a re-integration grant of Rs 25,000/= per family, transport allowance to place of origin and a package of non-food items. Secretary/Resettlement has held discussions with M/EA and M/Defence to encourage refugees to return. Accordingly, following action is to be taken:

o The Ministry has taken steps to prepare a booklet containing information on the type of assistance available to the returning refugees which would


24

positively impact on refugees to return to Sri Lanka. In the meantime, a documentary on voluntary repatriation programme featuring the current situation of refugees who have already returned to Sri Lanka is under preparation.

o M/EA has already initiated action towards bilateral discussions with India. An item on voluntary repatriation of Sri Lankan refugees in India is to be included in the proposed Agenda of the Eighth Meeting of the Indo-Sri Lanka Joint Commission which is scheduled to be held in February 2013.



Reconciliation

2. 9.194, 195 - Facilitate the early return of the displaced Muslims to their places of origin in the Northern Province. Take immediate steps to assist in rebuilding of the mosques, houses and schools destroyed or damaged by the LTTE

Formulating and implementing a policy for the resettlement and reintegration of the displaced Muslims.

o PTF for NP The publication of the report identifying the requirements with recommendations for implementation.

18 months

(2) 1. The following reports, providing necessary recommendations have been prepared.

o Inter Ministerial Committee Report identifying requirements if provision of lands, rehabilitation and reconciliation of schools, roads, irrigation works etc. o Special report on land requirements of Muslim families (who were evicted from North in 1990) concerning Mannar District. The Report recommends

inter alia, release of about 1500 acres of State and forest lands for resettlement of Muslims in Mannar District. 2. PTF for NP has instructed Ministry of Environment to allocate suitable forest land for above purpose. M/Environment has summoned meetings with

DG/Wildlife to release appropriate land extents. Relocation will be completed by June 2013. In the interim, housing requirements will be attended to.

Ministry of National Languages & Social Integration


Timeframe

Reconciliation

1. 9.245 - Make necessary budgetary provisions available on a priority basis for teacher training and staffing for a trilingual nation by the year 2020

Formulate an Action Plan to ensure effective implementation of the Language policy.

Examine the role of the Official Languages

Ongoing

2. 9.246, 247, 249 - Make it compulsory that all Government offices have Tamil-speaking officers at all times. No district or province


25


Timeframe

should be categorized in terms of language. Police stations should have bi-lingual officers on a 24 hour basis. A complainant should have the right to have his/her statement taken down in the language of their choice. As a temporary measure, software programs can be used for translation until long term policies and measures take effect

Commission and identify areas that need strengthening. Include remedial steps to be taken, in the Action Plan.

Implement recommendations of the “Presidential Task Force on Trilingual Society by 2020.”

Design a monitoring and evaluation Plan to assess whether the programmes implemented are effective and whether there is compliance with policy.

o Presidential Task Force on Trilingual Society

Effective Monitoring of the implementation of the Trilingual Initiative

3. 9.248 - Ensure that the Language Commission is an authority with effective powers of implementation and branches in every province.

4. 9.250 - Implement Interim Recommendation regarding language. Station interpreters at Police Stations using retired police officers with bilingual fluency

9.245 a) 1951 Tamil Sinhala teachers received training in order to engage in second language teaching. b) 72999 public officers have received Sinhala Tamil language training. c) Towards the preparation of the Action Plan has commenced work in the formulation of a Road map in collaboration with all the relevant stakeholders in

language teaching and training (National Institute for Language Education and Training, the Presidential Task Force for a Trilingual Sri Lanka. 9.246, 9.247. 9.249 1. Public officers are being trained right through the country to provide their service to the citizens Public Administration Circular issued to ensure that Language

Units are established in every Government institution to provide effective services to the public in their own language. 2. The National Institute of Language Education and Training (NILET) is mandated to train public officers. Training programs are conducted during office hours

and also conduct 10 days residential programs. 3. The Official Language Department conducts classes for public officers on a payment basis. 4. Awareness programs on the Implementation of the Language Policy are been carried out to the staff of the District Secretariats, Provincial Administration

and the Divisional Secretariats by the Ministry. 5. 72 Divisional Secretariats identified as Bilingual Divisional Secretariat Divisions. 41 Divisional Secretariats were gazette, 31 Divisions Secretariats to be

gazetted as Bilingual Divisions. 6. Bilingual Facilitation Centers have been established in the District Secretariats. A National Integration Promotion Assistant is assigned to the district and

two translators have been assigned to the District Secretariat by the Official Language Department who would assist the citizen in obtaining the services of the language of their choice.

7. Through the Bilingual Cells the citizens would be able to obtain their services in the language of their choice. 8. Official Languages Department has established a panel of translators and uploaded with the details of the translators in the service they provide.


26


Timeframe

9. The initial steps have been taken to establish an Online Translation Service. 10. A Translation Unit is being established by recruiting of Graduates with language skills. 11. Awareness programs on the Implementation of the Language Policy are been carried out to the staff of the District Secretariats, Provincial Administration

and the Divisional Secretariats by the Ministry. 12. Police Stations have been instructed to ensure that the people are provided the opportunity to record their statement in their own language and same is

posted in the Complaint Book. Police officers are provided extensive training in the second language. NILET has provided Master Trainers to Provide Training to the staff of the Police training institutions to ensure an effective training.

9.248 1. The Official Languages Commission (OLC), Act is being amended as per the directions given. 2. The OLC has delegated authority for the NIPA Assistants presently in the Districts, to attend to specific functions in order to assist the Commission in carrying out the work. 3. Provincial Languages Centers to be establish in three Provinces in Kilinochchi, Ratnapura and Polonnaruwa. 4. Kilinochchi would be the Centre which would cater for the Northern Province. All services provided by the Ministry, Department of Official Languages, NILET and Official Languages Commission will be provided at this Centre will function by July 2013. (The Canadian Government has already agreed to donate 25 million to purchase the furniture and 24 million will be obtained from the treasury to refurbish the building of the Kilinochchi regional Centre). 9.250 1. Discussion is underway to look into the possibility to appointing retired Tamil officers to the Police Stations on a contract basis. 2. New Tamil Officers recruited are assigned to the Northern and Eastern Provinces.

5. 6. Use interpreters in public offices as appropriate to facilitate communication until long term programmes are put in place.

Monitor observance of language rights recognized in the Constitution

Identify additional remedial measures required to ensure observance of language rights

Monitoring activity completed

Additional remedial measures identified and implemented

12 months

24 months

6. 9.253, 254 - Develop a proactive policy to encourage mixed schools serving children from different ethnic and religious backgrounds and greater interaction among students [e.g. twinning schools, student exchange programs, Reconciliation Clubs, National Youth Council exchange programmes]

Formulate a policy that would encourage ethnically mixed schools

Ensure that schools include programmes to promote inter-community interactions.

o Ministry of Education

The establishment of a policy encouraging ethnically mixed schools

24 months

(6) The activities under these recommendations are assigned to the Ministry of Education. This Ministry has taken some initiatives with regard to the recommendation and therefore would be able to support the Ministry of Education in carrying out the activities.


27


Timeframe

7. 9.274, 275 - Create greater awareness of linguistic and cultural affinities. Translate and publish major literary works from Tamil into Sinhala and Sinhala into Tamil and disseminate them among school children and youth. Encourage cinema, TV and stage drama productions that highlight commonalities and mutual understanding between communities.

Examine and introduce appropriate measures that could be adopted to create awareness of cultural affinities including through translation of literary works

Engage the cultural sector to highlight commonalities and mutual understanding between communities.

o Ministry of Culture

& The Arts

Programmes that would promote cultural affinities and commonalities between communities

12 months

9.274 “Sri Lankan Writers” an Association consisting of Sinhala, Tamil and Muslim writers are to be incorporated by way of a Private Member Bill with the assistance of the Ministry who could take up the task of providing translations to work of other writers. 9.275 “Palama/Palam” a Sinhala/Tamil Radio Programmes are broadcasted every Sunday from 10.30am to 11.00 am, sponsored by the Ministry in order to promote the Commonalities of language and culture.






---

(8) Since this subject is assigned to The President al Secretariat, Ministry of Public Administration and Home affairs and Ministry of National Languages and Social Integration. A letter has been sent to the relevant authorities requesting for an opportunity to discuss the initiatives that can be taken with regard to this event. Research has been undertaken by Development Officers to study the initiatives taken by other countries which found the similar kinds of conflicts. E.g.: South Africa.

Ministry of Education


Timeframe

Human Rights

1. 9.60 - Provide comprehensive, island-wide human rights education programmes targeting

Implement activities identified in the NHRAP

Formulate a module for inclusion in secondary

o National Institute of

Module formulated and included in curriculum

Governed by the time frame


28


Timeframe

the school children, youth, members of the Security Forces, and the Police etc.

school curriculum Education

as per the NHRAP

(1) Modules on Human Rights already included in curriculum. Supplementary curriculum material on Human Rights will be developed targeting secondary schools.

Reconciliation

2. 9.201 - Ensure that post conflict development agenda and programmes for reconciliation take account of the essential needs of the Tamils of Indian origin. Improve the health and educational facilities and also provide better living conditions in the estate areas

Assess the impact of existing programmes to improve the health, education and housing facilities for the estate sector, to identify areas that require improvement

Revise programmes to make interventions more effective.

o M/Health o M/Plantation

Industries o M/Child Dev &

Women’s Affairs

The publication of a report indicating the effectiveness of banks existing programmes

6 months

(2) A task team has been appointed to identify educational gaps / that require further improvement in the plantation sector. This Task team is currently conducting its functions.

3. 9.252 - Reduce and eventually eliminate the inequality in the availability of educational facilities in different areas of the country

Implement the current programmes in keeping with the “Mahinda Chintana” to upgrade facilities in schools islandwide

Upgrading of educational facilities in schools

36 months

(3)

409 secondary schools have been identified to upgrade of educational facilities immediately 5000 child friendly feeder schools have identified to upgrade the educational facilities

4. 9.253, 254 - Develop a proactive policy to encourage mixed schools serving children from different ethnic and religious backgrounds and greater interaction among students [e.g. twinning schools, student exchange programs, Reconciliation Clubs, National Youth Council exchange programmes]

Formulate a policy that would encourage ethnically mixed schools

Ensure that schools include programmes to promote inter-community interactions.


The establishment of a policy encouraging ethnically mixed schools

24 months

(4) Nine schools in each province will be selected to convert as ethnically mixed schools. Mapping exercise has commenced. Cabinet approval will be sought to encourage for the establishment of ethnically mixed schools within three months.


29

Ministry of Higher Education


Timeframe

Reconciliation

1. 9.251 - Select a committee of experts in education to review the quota system with a view to introduce a merit based admission system. (Admission to Universities?)

Examine the current admission policy with a view to recommending any changes that would improve the criteria for admissions.

o University Grants Commission

Expert Committees Established.

12 months

(1) On a Cabinet directive dated 10.2.2012, a Committee was formed chaired by Secretary, Higher Education to review the existing criteria for admission to universities, in consultation with the UGC and other authorities. Work is in progress. Report will be submitted to Cabinet by end 2012.

2. 9.257 - Ensure public Universities have ethnically mixed student populations with a choice of courses offered in all three languages.

The present policy caters to this requirement in an appropriate manner. However a group of experts can be mobilized to consider the present system and recommend any changes that would promote the trilingual process

o University Grants Commission

Identification of a group of experts

12 months

(2) In general, Faculties of Engineering, Medical, Applied Sciences, Law and Management conduct their degrees in English. However, Faculties of Liberal Arts and Humanities conduct courses mainly in Sinhala and Tamil. As there is a high degree of unemployment among liberal arts graduates, the Ministry is making efforts to gradually transfer the medium of instruction from Sinhala and Tamil to English to ensure the status of a “global graduate”. These efforts are also in line with the promotion of the Trilingual policy of the government.

Ministry of Health Recommendation Activity Partner Agencies Key Performance

Indicator (KPI) Timeframe

Reconciliation




o M/Education o M/Plantation

Industries o M/Child Dev &

Women’s Affairs

The publication of a report indicating the effectiveness of existing programmes

6 months

(1) In an attempt to improve health services, the government has decided to take over 52 estate hospitals. To date, 38 hospitals have been formally taken over.

An Action Plan for the improvement of estate hospitals, specifying problems to be addressed and requirements to be fulfilled, has been prepared and


30

submitted. It identifies problems and requirements under 03 categories: (1) Infrastructure development (2) Human Resources and (3) Improvement of Nutritional Status.

Ministry will request for further funds from the Treasury to implement the Action Plan.

Ministry of Plantation Industries


Timeframe

Reconciliation




o M/Health o M/Education o M/Child Dev &

Women’s Affairs


6 months

2. 9.92 - Establish an Inter-Agency Task Force mandated to address in a comprehensive manner the needs of women, children, elderly and other vulnerable groups such as disabled affected by conflict, and provide necessary relief

Implement activities identified in the NHRAP to achieve this objective.

o As contained in the NHRAP

NHRAP implementation monitored

Ongoing

Ministry of Child Development & Women’s Affairs


Timeframe

Reconciliation

1. 9.201 - Ensure that post conflict development agenda and programmes for reconciliation take account of the essential needs of the Tamils of Indian origin. Improve the health and educational facilities and also provide better living conditions in the estate



o M/Health o M/Education o M/Plantation

Industries


6 months


31


Timeframe

areas

(1) An Action Plan to implement LLRC recommendations in estate sector as pertaining to the Ministry has been finalized. Progress for 2013-2014 will be monitored according to this Plan.

(2) Social empowerment of women carried out through awareness programmes on cash management, reproductive health, impact of alcohol abuse and prevention of Gender Based Violence. Several programmes were held for children in the estate sector on livelihood assistance which included the following

topics: - o Alcohol abuse and the health and social impact of alcohol abuse o importance of saving as a future investment and how to plan the expenditure according to the income o how to minimize trafficking of children and women in the area

(3) Clear delegation of duties to the staff in the field which includes Child Rights Promotion Officer, Women Development Officer, Early Child Hood Development Officer, Relief Sisters and NCPA Officers. Future activities will be conducted in collaboration with the Plantation Trust in which the Children's Secretariat is already a member.

Issues: Lack of field staff; Non-accessibility of certain geographical areas in the hill country; Issues with the participation of estate workers due to loss of daily income.

Ministry of Telecommunication & Information Technology


Timeframe

Human Rights



Enhance the capacity of the present GIC (1919) to entertain the receipt of information.

o ICTA o Police Department o Ministry of Justice


3 months


32

Ministry of Culture & The Arts


Timeframe

Reconciliation

1. 9.274, 275 - Create greater awareness of linguistic and cultural affinities. Translate and publish major literary works from Tamil into Sinhala and Sinhala into Tamil and disseminate them among school children and youth. Encourage cinema, TV and stage drama productions that highlight commonalities and mutual understanding between communities.

Examine and introduce appropriate measures that could be adopted to create awareness of cultural affinities including through translation9 of literary works

Engage the cultural sector to highlight commonalities and mutual understanding between communities.

Programmes that would promote cultural affinities and commonalities between communities

12 months

(1) The Ministry has identified following activities and time targets in its Operation Plan for LLRA NAP:

Availability of translated books of literary acclaim, particularly in libraries of North and East (Sept 2013)

National Literary Festival to be held to encourage authors to submit literary works in Sinhala, Tamil and English (Sept 2013)

Divisional Literary Festivals to be held to encourage authors to submit literary works in Sinhala, Tamil and English (Jan - Aug 2013)

Print and distribute 2000 copies of the Sinhala, Tamil and English dictionaries to selected schools (On going)

Establish 07 Cultural Centers in North and East Provinces (Karawedi, Kandawalae, Vavuniya, Kinniya, Tirukovil, Damana, Porthievupattu) (during 2013)

Register and provide musical instruments to 50 Kalayathanas in North and East provinces (during 2013)

Set up "Uthuru Dakunu Mithuru Sevana" Art Center which provides facilities to conduct cultural exchange programmes (March 2013) Cinema, TV and drama festivals to encourage mutual understanding among communities (Jan – Sept, 2013)

Ministry of Mass Media & Information


Timeframe

Human Rights

1. 9.115a-c Take all steps to prevent harassment and attacks on media personnel and institutions.

Take appropriate action to ensure media freedom. (a) Pursuit of grievance

Effective redress to grievances of media personnel

12months


33

Give priority to the investigation, prosecution and disposal of such cases. Properly investigate past incidents of such illegal action.

mechanisms - Complaints to Police, FR Applications to SC, Complaints to Press Council (with a wider jurisdiction and enhanced powers)

(b) Complaints to NPC against Police inaction.

Promote responsible journalism and consider a code of conduct for journalists.

o Press Council

(1) Online complaint system to be launched by the Sri Lanka Press Council enabling media personnel to lodge any complaint immediately. Such complaints

received will be monitored promptly and remedial actions will be taken within 24 hrs. The Press Council Act will be amended to empower the Council with a wider jurisdiction. Draft of Code of Conduct (white paper) prepared by the Ministry has already been submitted to Ministerial Consultative Committee in Parliament to get

consent. Action has been initiated to take public opinion on the white paper.

2. 9.115d - Ensure the freedom of movement of media personnel in the North and East

Identify impediments to free movement, if any, of media personnel in the North and East

o Police Department Impediments identified, if any

6 months

(2) No restrictions experienced by media personnel

3. 9.115e Enact legislation to ensure the right to information

Cabinet to decide the suitable time frame for drafting legislation.

The Cabinet Office will be the interface for the inter action with the Cabinet of Ministers on the acceptance of such legislation by the legislature.

Ministry of Religious Affairs


Timeframe

Human Rights

1. 9.117 - Remove any remaining restrictions on visiting places of worship

Identify existing restrictions, if any

Remove restrictions, if any

Restrictions if any, removed 12 months


34

Ministry of Sports


Timeframe

Reconciliation

1. 9.258 - Conduct inter-provincial and national sports competitions.

Presently, national competitions ensure island wide participation. However, a programme could be implemented to actively promote sports in the former conflict areas.

No. of such competitions successfully conducted.

Ongoing

Presidential Task Force for Resettlement, Development & Security in the Northern Province


Timeframe

Human Rights

1. 9.113 - Appoint a special committee to examine durable solutions and formulate a comprehensive State policy on the issue [of Muslim IDPs displaced from the North] after extensive consultations with the IDPs and the host communities

Formulate a policy on the issue of Muslim IDPs.

Issue necessary directions to Implement policy.

Policy formulated

Policy implemented

9 months


2. 9.164 - Take a decision on compensatory relief for death and injury for those involved with the LTTE.

Continue with Government programme for the rehabilitation and re-integration of ex-combatants and a reconciliation programme for the next of kin.

o M/Resettlement The effective implementation of the relief programmes granting relief to those NOK affected by death or injury as a direct result of the conflict

24 months

Reconciliation

3. 9.194, 195 - Facilitate the early return of the Formulating and implementing a policy for the o M/Resettlement The publication of the 18 months


35

displaced Muslims to their places of origin in the Northern Province. Take immediate steps to assist in rebuilding of the mosques, houses and schools destroyed or damaged by the LTTE

resettlement and reintegration of the displaced Muslims.

report identifying the requirements with recommendations for implementation.

Presidential Secretariat


Timeframe


1. 9.39 - Initiate an independent investigation into the Channel 4 Video to establish the truth or otherwise of the allegations arising from the video footage.

Assess current processes being pursued to examine the authenticity of the allegations in Channel 4 namely, the inquiry currently conducted by the Army.

Based on such results take follow up action as appropriate.

o M/Defence Assessment completed

Follow up action identified and pursued, as appropriate.

06 months


2. 9.150 Expedite action on the establishment of a National Land Commission (NLC) in order to propose appropriate future national land policy guidelines as required under the 13th Amendment

Include the proposal to establish a NLC in the TOR of the PSC with a view to receiving recommendations.

o Ministry of Lands

Proposal included in TOR of PSC

To be confirmed

3. 9.152 Arrive at a bi-partisan understanding that restitution of land is a national issue and will not be used as a tool by political parties to gain narrow political advantage

Refer recommendation to PSC

Recommendation referred to PSC.

Ongoing

4. 9.214, 215 - De-link the Police Department from the institutions dealing with the armed services. Establish an independent permanent Police Commission to monitor the performance of the police service and ensure that all police officers act independently and maintain a high degree of professional conduct.

Refer this recommendation to the PSC as it deals with an entirely policy/political issue

[Independent Police Commission has already been established]

o Proposed Parliamentary

Select Committee

Not applicable

Not Applicable


36


Timeframe


Review the provisions of existing Institutions to identify additional and more effective measures that need to be taken to strengthen citizens’ rights.






6 months

6. 9.224 - Conceive and implement a specific program to bring about attitudinal change through training programs to enhance the work ethic of the public service

Implement the National Human Resources Policy

o Office of the Sr. Minister for HR development

HR Plan of Action formulated.

Implementation of HRPA commenced.

3 months

7. 9.228 - Establish a constitutional provision for judicial review of legislation. Reach a consensus on an appropriate constitutional amendment to provide for an adequate timeframe to challenge proposed legislation

Refer to the PSC.

Not Applicable Not Applicable

8. 9.236, 237 - Take initiative to have a serious and structured dialogue with all political parties, and those representing minorities in particular, to develop consensus on devolution. The dialogue must take place at a high political level and with adequate technical back-stopping.

Refer to the PSC Not Applicable Not Applicable

9. 9.245 - Make necessary budgetary provisions available on a priority basis for teacher training and staffing for a trilingual nation by the year 2020

Formulate an Action Plan to ensure effective implementation of the Language policy.

Examine the role of the Official Languages Commission and identify areas that need strengthening. Include remedial steps to be taken, in the Action Plan.


o Presidential Task Force on Trilingual Society

Effective Monitoring of the implementation of the Trilingual Initiative

Ongoing

10. 9.246, 247, 249 - Make it compulsory that all Government offices have Tamil-speaking officers at all times. No district or province should be categorized in terms of language. Police stations should have bi-lingual officers on a 24 hour basis. A complainant should have the right to have his/her statement


37


Timeframe

taken down in the language of their choice. As a temporary measure, software programs can be used for translation until long term policies and measures take effect

Implement recommendations of the “Presidential Task Force on Trilingual Society by 2020.”

Design a monitoring and evaluation Plan to assess whether the programmes implemented are effective and whether there is compliance with policy.

11. 9.248 - Ensure that the Language Commission is an authority with effective powers of implementation and branches in every province.

12. 9.250 - Implement Interim Recommendation regarding language. Station interpreters at Police Stations using retired police officers with bilingual fluency






---

Reconciliation

14. 9.228 - Establish a constitutional provision for judicial review of legislation. Reach a consensus on an appropriate constitutional amendment to provide for an adequate timeframe to challenge proposed legislation

Refer to the PSC.

Not Applicable Not Applicable

15. 9.236, 237 - Take initiative to have a serious and structured dialogue with all political parties, and those representing minorities in particular, to develop consensus on devolution. The dialogue must take place at a high political level and with adequate technical back-stopping.

Refer to the PSC Not Applicable Not Applicable

16. 9.277 - Maintain and support current practice of the National Anthem being sung simultaneously in two languages

Examine the implementation of this recommendation vis a vis the current Constitutional provisions, at the PSC.

Presidential Secretariat The implementation of the recommendations of the PSC

1 year


38

National Plan of Action for the Implementation of

LLRC Recommendations

≈ Responsibilities by Agency ≈

January, 2013

llrc nap monitoring report - 22 jan 2013

Documents

ministry of education

ministry of justice

ministry of resettlement

ministry of health

ministry of external

ministry of higher education

ministry of finance

attorney generals department