Briefing Note No. 14ILO/CRISIS, January 2008

Update on the Situation and ILO Activities in Sri Lanka

General Situation

In early January 2008, the Government of Sri Lankan(GOSL) announced that it was officially withdrawingfrom the Norwegian-brokered 2002 CeasefireAgreement (CFA) and the abolition came into effecton the 16th of January. The Government of Sri Lankaand the Liberation Tigers of Tamil Eelam (LTTE) signedthe Ceasefire Agreement on February 22nd 2002 asa means of reaching a negotiated solution to thecountry’s ethnic conflict.

The two Parties agreed to set up an internationalmonitoring mission to enquire into reported violationsof the CFA. The Sri Lanka Monitoring Mission (SLMM)was created as an integral part of the CFA. SLMMofficially ended their mission in Sri Lanka on the 16th

of January. Although CFA was in operation, both sideshave been guilty of violating it, with each side accusingthe other of initiating attacks.

An escalation of military operations was observed in2007 with government troops claiming continuingsuccess in clearing eastern coastal areas of LTTEcadres. In July 2007 the government declared that ithas driven LTTE cadres from Thoppigala - their lastjungle stronghold in the east. The situation in theeastern province however, has been somewhat tensewith the continuing presence of the TMVP (TamilMakkal Viduthi Pulikal) in the district. This break-awayfaction of the LTTE allegedly has the blessings of thegovernment to ensure the non-resurgence of the LTTEin the eastern province. The last couple of months,however, have seen sporadic attacks in the southeastern parts of Sri Lanka (including the recent attackon civilians in Sinhala dominated areas from LTTEcadres who are still in some part of the jungle areasin the southern part of the eastern province and thefar eastern parts of the southern province). Thegovernment has announced that it will hold localgovernment elections shortly in the eastern province.An escalation of violence between different politicalparties has been seen since this announcement.Nominations are to be called at the end of January.

The latter half of 2007 saw the government forcesfocusing its efforts on the north and an escalation ofmilitary operations were seen on three fronts; Mannar(North West), Wanni (north central) and the Jaffnapeninsular.

The Sri Lankan government also insists that it has notclosed the doors for talks and that it wants to militarilyweaken the LTTE before entering into any peacenegotiations.

The government had announced the formation of anAll-Party Representatives Committee (APRC) in 2006to discuss a political solution to the war. The final draftof the devolution proposals is still under discussionand the President has requested it to be expedited.The United National Party (UNP), the largest oppositionparty, withdrew from the APRC mid 2007.

The government has requested the APRC to considerthe provisions of the 13th Amendment to theConstitution as a nucleus of the proposals to end theethnic conflict. The 13th amendment sought to devolvepower to newly instituted provincial councilsthroughout Sri Lanka. It contained three lists detailingrespectively the areas of government devolved to theprovinces (List I), the powers retained at the centre(the Reserved List — List II) and a Concurrent List(List III) of shared functions, which were ultimatelycontrolled by Parliament. The provincial councils wereelected in November 1988, but a number of clausesin the amended constitution allowed for the blockingof substantive devolution.

While some of the parties favour this, since the mainthrust is devolution within a unitary state, someminority parties have suggested that they would wantfurther devolution.

The 13th Ammendment and Provincial Council Acts

Key Provisions

• In addition to Sinhala, Tamil ‘shall also be an official language’ of Sri Lanka, with English as a ‘linklanguage’• The north and east to be merged into one province, subject to a referendum• Provincial councils to be elected every five years• A governor with executive powers to be appointed by the president in each province• Provincial high courts to be established• ‘Reserved’ and ‘Provincial’ lists detail powers of the centre and the provinces respectively. A‘Concurrent’ list outlines shared powers, though ultimate authority for these issues remains withParliament• Financial provision for the provinces to be directed by Parliament• Provincial councils can be over-ruled by regulations promulgated by the president under the PublicSecurity Ordinance

Challenges

• The exact division of power between the centre and the provinces is not made clear• The powers of provincial councils can be controlled, reduced or abolished by the central governmentacting unilaterally• There is no subject over which provincial council can claim to exercise exclusive competence orjurisdiction

Source: Conciliation Resources (http://www.c-r.org/our-work/accord/sri-lanka/trying-times.php)

Casualties:

The LTTE often claim that there are many civiliancasualties in government air raids in the north, andcivilians are often caught up in LTTE bomb attacks. Inthe north and east thousands have been displacedfrom their homes and there is no sign that many ofthem will be able to return home in the near future.

A number of senior politicians and military personnelhas been the target of suicide bomb attacks duringthe CFA period with many fatalities. 2008 beganinauspiciously with a Tamil lawmaker from the mainopposition (UNP), being gunned down in a Hindu templein broad daylight in front of many civilians, on thisNew Year’s Day. A number of bombs /claymore mineshave already been detonated in Colombo this yearwith one claiming the life of a government ministerand another the lives of 26 and injuring 60 civiliansafter the bombing of a bus in the south-east of thecountry on the day the CFA was abrogated .

The LTTE leadership too has taken some beating lately.In early 2008 the Tigers’ intelligence chief, Col Charles,was killed in the north, only two months after SPThamilselvan, the Tiger’s political wing leader, waskilled in an air raid in the north.

Recruitment of child soldiers continues both by theLTTE and the TMVP although both parties have agreedwith the UN to stop this practice.

A number of journalists were killed during the lastcouple of years. Death threats abductions and attackson media establishments have also been seen.

Human Rights :An increase in Human Rights violations have beenreported with both the government and the LTTEaccusing each other of violations. A number ofCommissions set up by the government to investigatethese violations (such as the massacre of 17 aidworkers in 2006) are in abeyance.

The call for the setting up of an UNHRC office in SriLanka has been opposed by the government.

UPDATE OF ILO ACTIVITIES /PROJECTS INRELATION TO CRISIS AFFECTED AREAS

ELRAP

With funding support from the ILO, the EmergencyLivelihood Recovery Project (ELREP), helped toformulate the Emergency Livelihood Recovery Plan for

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Vaharai Division for internally displaced persons (IDP’s)of the conflict. This plan comprising an array oflivelihood initiatives received the official approval fromthe government Consultative Committee onHumanitarian Assistance (CCHA).

With funding support from UNHCR, ELREP alsoembarked on enhancement of capacities andcoordination, implementation of selected livelihoodinterventions and provision of new skills to help earlyrecovery in three Districts. The interventions entailedboth income generation activities and temporaryemployment opportunities in the conflict affecteddistricts of Batticaloa, Jaffna and Killinochchi. TheProject collaborated and partnered with the LocalGovernment Authorities, Government Departments,Boards and Authorit ies, Community BasedOrganizations and CHA to implement numerousprojects selected for the districts.

In Phase 1, between June and December 2007, 15livelihood interventions, 6 in Batticaloa, 5 in Jaffna and4 in Killinochchi were implemented. Phase 2 January2008 - June 2008 is scheduled and awaiting finalconfirmation of budget approval from UNHCR.

IRAP

This project is a part of a larger EU funded UNOPSproject on infrastructure development in the Amparadistrict in eastern Sri Lanka. Integrated RuralAccessibility Planning (IRAP) has been completed inPothuvil, Lahugala, Addelechenai and Uhana Divisions(which are both tsunami and conflict affected areas).The plans map communities’ priorities to access basicminimum needs, such as water, and basic servicessuch as health, education, markets and the roadnetwork. All plans have been formally ratified withthe local authorities at District meeting and the projectcontinues to advocate for partners (in addition toUNOPS) to implement the identified needs. IRAP hasnow commenced in a further three divisions in AmparaDistrict. IRAP plans for Pothuvil and Lahugala havebeen published and distributed.

The Eastern Provincial Council has agreed to providepermanent staff for the exercise and the ChiefSecretary, Chairmen of Pradeshya Sabhas, GA’s andstaff of the PS offices continue to be involved in theplanning

A socio-economic baseline has commenced jointly withUNOPS on a sample of roads being rehabilitated bythe UNOPS Community Access Programme (CAP). Thesample is looking at, a directly Affected TsunamiCoastal Town, a permanent Resettlement Community,an urban community and a Rural Inland Community.The survey is looking at household income andexpenditures, travel times, frequencies andexpenditures to basic minimum needs and servicesand major constraints to livelihood recovery.

IRTAP

The Income Recovery Technical Assistance

Programme (IRTAP) funded by the Norwegian

Government begun in October 2005 and completed in

Aug 2007.

At the national level, the project strengthened thetechnical capacity of the Back to Work programme atthe Livelihood Unit of the Reconstruction andDevelopment Agency (RADA) and other post-tsunamilivelihood programmes in the three areas of socialprotection, temporary employment generation andlocal economic recovery and development, throughthe provision of expertise and training.

At the district level the project established a LivelihoodUnit within the District Recovery and Development Unit(DRDU). It built and provided technical capacity,including through training of technical and planning.It had considerable success with respect to improvingPost-Tsunami coordination through the developmentof divisional livelihood development plans (DLDPs) for43 Divisions, the development of a comprehensivecoordination and monitoring system, andcomprehensive capacity development package forplanning and implementing authorities.

Presently an analysis of outstanding projects for theAmpara and Batticaloa DLDPs has been prepared inresponse to a donor that wishes to provide funding toimplement a significant number of uncommittedprojects.

IPEC - Children affected by War Project.

This project, which is part of a UN inter-agencyprogramme and has been funded by many donors. Itfocuses on the reintegration of former child soldiersand the prevention of recruitment of children throughthe provision of different types of skills trainingprogrammes, which provide trainees withopportunities for self employment or wage

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employment. The activities are implemented througha partner organization network, which has beensupported in a number of capacity building measuressince 2004. A reported, 3,940 girls and boys havecompleted training in a variety of vocational trainingprogrammes, and 1700 girls and boys are currentlyenrolled in training programmes, which will becompleted in April 2008.

CBTREE - Project- Ampara

The ILO CB-TREE ( Community Based Training forEconomic Empowerment ) Project funded by theBelgian government, focuses on the restoration oflivelihoods and revival of local economies, in areasthat has been affected by the tsunami through skillstraining, enterprise development and the installationof appropriate economic support mechanisms at thecommunity level. The Project is an adaptation of theILO TREE Methodology, a training-based approachdeveloped in the Philippines for post-conflict situation,on the assumption that there are similarities betweenthe economic needs of poor people affected by warand poor target groups who have been victims ofnational disasters like the tsunami.

The Project specifically addresses income-generationas its entry point. The goal is to enhance productionskills and transform the traditional concept of livelihoodinto profit-conscious small enterprises in order to bemore sustainable. This is done through skills trainingcoupled with practical entrepreneurship schemeswhile at the same time developing community support

structures orchestrated by community-owned andmanaged financing system that is compatible with thenature of village economies

The project covers a total 47 tsunami affected villages.Approximately 90 projects are being implemented,These projects are expected to reach 1,100 tsunamiaffected beneficiaries.

The project also includes a micro finance Co-FundScheme for which a pilot was undertaken in one villagein collaboration with the UN Habitat and provided withseed capital. The fund managed by the villages hasso far benefited 50 families. This programme wasextended to 3 more communities.

The project was expected to be completed by 31st

December 2007. It was found that the period of twoyears originally planned for the project was not enoughto complete the cycle of activities necessary to assurethat the emergency measures initially employed bythe Project could result in sustainable enterpriseundertakings of the beneficiaries under a normalizingenvironment.

Hence, the Project has obtained a no-cost extensionof six (6) months from 31st December 2007 to 30th

June 2008. This period will also provide the Projectwith sufficient time to consolidate its outputs andoutcomes and come out with a full recommendationfor a post-crisis methodology to support thegovernment’s efforts to reduce poverty in the ruralareas.

mechanisms through the creation of internal market

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Resource Development (HRD) officers of the Ministryof Labour Relations and Manpower to deliver the basicemployment services required for the tsunami-affectedpopulation to recover their jobs and livelihoods. Themain interventions included :(i) registering jobseekersfrom tsunami affected area, (2) canvassing andmatching the job opportunities,(3) operate atemporary targeted skills training scheme (4)monitoring the livelihood recovery and producing thenecessary Labour Market Information . In registeringjobseekers, special focus will be given to women,people above forty years and people with disabilities.This project, which is expected to continue up toJanuary 2007, has been extended until the end of 2008.

Enterprise for pro-poor growth (Enter-Growth)

The ILO has been implementing a local private sectordevelopment project in four Districts in Sri Lanka since1 June 2005. The project, Enterprise for pro-poorgrowth, or Enter-Growth for short, was the result ofintensive consultations with stakeholders in the public,private and NGO sector. It aims to:

“contribute to the generation of pro-poor economicgrowth and quality employment for women and men,through an integrated programme for the developmentof micro and small enterprises that focuses on theNorth-West and North-Central provinces.” (projectgoal).

The project is being implemented under the Ministryof Enterprise Development and Investment Promotion.In the four Districts that make up the target provinces,Anuradhapura, Polonnaruwa, Puttalam andKurunegala, (all the districts except the last, borderconflict affected areas) Micro and Small EnterpriseForums established with project facilitation are itsdirect partners. These are made up of representativesof the local private, NGO and Government sector.

The project takes a participative and inclusiveapproach to planning and developing its specificinterventions, to ensure a high degree of localrelevance and ownership. The significance of theresults achieved so far can be best understood byconsidering the different ways in which Enter-Growthintervenes to improve the local market system. Thisproject funded by Sida will be completed by the endof 2008.

The comprehensive and integrated approach that theILO’s Enter-Growth project brings to local privatesector development has the key elements that canmake a private sector development programme aneffective vehicle for the promotion of peace andreconciliation. In concert these elements couldpromote a culture and practice of working togetheracross different ethic communities that would haveimmediate economic benefits as well as improvingattitudes and relations. The approach would have to

be adapted to the situation in the East, especially bygiving more emphasis to institutional development andcapacity building and ensuring a broader-based moreinclusive dialogue that would empower previouslyexcluded groups.

The key elements of a programme in the Easternprovince would therefore be:

• District Enterprise Forums – one has alreadybeen set up in Ampare by the Federation ofChambers of Commerce and Industry, withtechnical assistance from Enter-Growth.

• Local Appraisal of Competitive Advantage –LOCA

• Local and Regional Value Chain Development

Each of these is a dialogue mechanism at a differentlevel that can contribute to peace and reconciliation.Ways in which this function could be strengthenedinclude:

• Ensuring equitable and active representationof different communities in the forums andLOCA and value chain exercises.

• More frequent consultations of the Forumswith a wider range of stakeholders fromdifferent ethnic groups –The Forums need tobe carried by a broader base to fulfil theirpotential for peace building.

• Focussing LOCAs on multi-ethnic areas witha history of conflict and conflicting interests –this would enhance their potential to addresscauses of conflict and promote a culture ofworking together.

• Focussing value chain development on sub-sectors that offer potential for collaborationbetween different ethnic groups, or forstrengthening such collaboration.

Livelihood Coordination

In the aftermath of Tsunami, seeing the importanceof livelihood coordination to recover and restore thelivelihoods sector, ILO Income Recovery TechnicalAssistance Programme (IRTAP) in collaboration withReconstruction and Development Agency (RADA)established several coordination mechanisms at thenational level and as well as in the tsunami affecteddistricts.

At national level, a tri-partite relationship was set upwith Consortium of Humanitarian Agency (CHA) andFederation of Chamber of Commerce and Industry,Sri Lanka (FCCISL) to coordinate various livelihoodinitiatives such as Back to Business mobile clinics. AlsoIRTAP and RADA collaborated with ministries, UNagencies, I/NGOs and private sector to coordinate ad-hoc livelihood initiatives. Forums for social protection,coir sector development are some of the examplesfor such coordination efforts.

ILO/CRISIS, January 2008

For district level livelihood coordination, DistrictLivelihood Units were established in the ten tsunamiaffected districts: Ampara, Batticaloa, Galle,Hambantota, Jaffna, Kalutara, Kilinochchi, Matara,Mullativu and Trincomalee to bring together theorganizations working at district level. To coordinatedivisional level livelihood activities and to link up withthe district unit, Divisional Livelihood Officers weredeployed in the affected divisions of each district. Akey activity of those livelihood units was the facilitationand organization of district and divisional livelihoodscoordination meetings on a monthly basis or asrequired, bringing together district/divisional/localgovernment authorities, (I)NGOs and otherstakeholders for a common dialog to address issues,reduce duplication of assistance and coordinateactivities in such a manner to achieve full recovery.

Although in August 2007, ILO IRTAP concluded itstsunami recovery activities in the ten districts, thedistrict offices in the North and the East continuedtheir activities to support the livelihood recovery ofthe conflict affected people in these two regions.

ILO IRTAP is also supporting the livelihood coordinationof stakeholders ranging from Government Agenciesto Development Agencies, Donors and the privatesector through the Coordinating Committee forHumanitarian Assistance (CCHA) Sub-committee onLivelihoods and Early Recovery. This sub-committee

ILO Trade Union Technical Assistance (TUTA)Project, Ampara, Sri Lanka

ILO, together with National Association of Trade UnionResearch and Education (NATURE) developed thisproject for organising the tsunami-affected people toprotect their rights and to reach out to thosecommunities with on livelihood recovery and economicempowerment. The Irish Congress of Trade Unions(ICTU) is funding this project for 02 years. Althoughthe project was initially planned for Trincomaleedistrict, the escalated war situation since April 2006the location was changed to another tsunami affecteddistrict in the eastern province. The projectcommenced in September 2006 in the Ampara Districtand covers 06 selected Divisional Secretariat divisionsof Ampara district.

The Development Objectives of the project are : (i)Contribution to the promotion of the principles ofequity, participation and transparency in the nationalrecovery and reconstruction programmes. (ii)Strengthening the capacity of implementing partnerunions and other stakeholders

The Specific Objectives are: (i) help tsunami-affectedpeople build their livelihoods (ii) ensure fair distributionof government’s public assistance (iii) get the voiceof tsunami-affected people heard in the decision inthe decision-making of local and central government

So far the project, which partners with both tradeunions as well as the National Apprenticeship andIndustrial Training Authority (NAITA) has trained 750youth in various vocational skills. All the youth haveobtained employment and have also enrolled asmembers of trade unions. Three unions haveorganized communities (3) into groups of over 200members each with the aim of providing leadershipto participate in the developmental process, accesscredit, social security, services etc. An extension ofthe project has been requested until June 2008.

AES

The Accelerated Employment Services (AES) fundedby Sida, is a project designed to meet the need ofemployment recovery in the tsunami affected areasby supporting the jobseekers and employersthrough the existing JobsNet ( a public, privatepartnership project supported by ILO to provideemployment services throughout Sri Lanka)structure. This project covers Matara, Galle,Batticaloa, Hambantota and Ampara.The project’s objective was to build the capacity ofthe JobsNet Management Centres and the Human

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Representative UNHCR; Head of Office UN Office forthe Coordination of Humanitarian Affairs (UN OCHA);ECHO Head of Office; ICRC Head of Delegation(Standing Invitee), and Consortium of HumanitarianAffairs (CHA).

In order to facilitate the work of the CCHA, it wasdecided (at the 7th meeting – 29 March 2007) that fivesub-committees would be formed under the apex bodyof the CCHA. These sub-committees, which will beco-chaired by a representative of the government anda UN agency, will address the following areas:

• Logistics and Essential Services (co-chairs:Ministry of Nation Building and EstateInfrastructure Development, CGES and WFP)

• IDPs: Resettlement and Welfare (co-chairs:Ministry of Resettlement and Disaster ReliefServices, Ministry of Nation Building and EstateInfrastructure Development, and UNHCR)

• Livelihoods (co-chairs: Ministry of Fisheriesand Aquatic Resources and ILO)

• Education (co-chairs: Ministry of Educationand UNICEF)

• Health (co-chairs: Ministry of Health andWHO)

The sub-committees include representative membersfrom I/NGOs. The sub-committees meet once a month(at least a week prior to the CCHA), discuss and resolveall operational issues that fall within their respectivearea and submit a monthly report to the CCHA,indicating policy areas that the CCHA needs to addressas well as any issues that cannot be implemented bythe respective sub-committee.

is co-chaired by ILO with the Department of Fisheriesand Aquatic Resources to facilitate coordinatedresponses to early economic recovery and livelihoodneeds of populations in the North and East, affectedby the conflict. ( see below for more information onthe CCHA)

A National Workshop was conducted recently as arecommendation of the Sub-Committee for Livelihoodsto discuss on the standards and guidelines for earlyeconomic recovery in the implementation of variouslivelihoods interventions. The workshop wasrepresented by relevant Ministries, GovernmentAgents, UN representatives, donors and NGOs.

Consultative Committee on HumanitarianAssistance (CCHA)The CCHA deals with important policy issues and itsmembership is limited. The CCHA is chaired by Hon.Mahinda Samarasinghe, Minister of DisasterManagement and Human Rights. The Minister ofResettlement and Disaster Relief Services and theSecretaries from the following ministries arerepresented: Defence; Foreign Affairs; Nation Buildingand Estate Infrastructure Development; andResettlement and Disaster Relief Services.Presidential Advisor Mr. Basil Rajapakse,Commissioner General of Essential Services, andSecretary-General of the Secretariat for theCoordination of the Peace Process also participate.

The international community is represented by theHead of the Co-Chairs, (currently US Ambassador toSri Lanka); President of the European Commission(currently held by the High Commissioner for theUnited Kingdom acting for Portugal); UN RC/HC;

ILO/CRISIS, January 2008

ILO Crisis Response & ReconstructionProgramme

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1205 GenevaSwitzerland

Web page: http://www.ilo.org/crisis/Tel.: +41-22-7996132

ILO Office in Sri Lanka202-204 Bauddhaloka

Colombo 7Sri Lanka

Web page: www.ilo.org/public/english/region/asro/colombo/index.htm

E-Mail: colombo@ilo.org

CONTACT

Briefing Note No. 14ILO/CRISIS, January 2008