COHRE Newsletter 9th Edition - 2009

COHRE-NEWS

N ews l e t t er o f t he C en t re on H o u sin g R i g h t s a n d E v ic t ions - S ri L a n k a

Issue No.09 – Jan./Mar. 2009

CAMBODIA: Forced eviction of more than 400 urban poor families Forced eviction, or the removal of people from their homes and lands against their will, and without access to remedies, is recognised as a gross violation of international human rights law. Those affected by forced evictions often belong to the poor and marginalised sections of society, and their lives usually become even harder after a forced eviction.

In Cambodia, forced evictions are the most widespread form of human rights abuse. It is estimated that around 150,000 people are threatened with forced eviction, among them at least 70,000 in the capital city Phnom Penh alone.

On 24 January 2009, a private company, 7NG, with active support and assistance from the Municipality of Phnom Penh, forcibly

of the Dey Krahorm eviction, as well as in many other cases, the only choice evictees are given is to relocate to a site far away from the city centre, where not enough houses have been built to accommodate everyone, and where even the most vital facilities such as water and sanitation are lacking.

The eviction of Dey Krahorm took place while negotiations between the Municipality and residents about appropriate compensation for the land and housing of residents were still ongoing. The community demanded that they be paid at the very least $20,000 per plot of land, a sum way below the market value of their land. Most families in Dey Krahorm had possession rights to the land and were entitled to ownership titles, which they were unable to obtain due to widespread corruption. The forced eviction of Dey Krahorm in effect constitutes an expropriation without the provision of or access to legal remedies or adequate compensation for the families affected.

The 7NG company’s claim to the land is based on a fraudulent land transaction between former community Aftermath of the forced eviction of Dey Krahorm (picture: Depika Sherchan) leaders and the company, evicted at least 400 families from their homes which was concluded without the knowledge in Dey Krahorm, Phnom Penh. The forced of the community in 2005 and is invalid eviction was marked by the use of violence under Cambodian law. Since this fraudulent and 18 community members were injured, transaction, the community has faced threats five of them seriously. Private property was and intimidation from the company and the systematically destroyed.

Municipality to leave the land, including criminal charges against community In the recent past, Phnom Penh has witnessed representatives for exercising their rights to an unprecedented building boom in the city speak out against 7NG’s claims to the land. centre. As more and more high rise apartment Threats and intimidation against community and business buildings go up for a wealthy representatives are also a regular occurrence elite, the less affluent are pushed to the in other cases of land grabbing in Cambodia. margins of the city, where opportunities to earn a living, as well as educational facilities The forced eviction of the Dey Krahorm and health infrastructure are rare. In the case community has also had an intimidating

E D I T O R I AL In this ninth edition of the COHRE-Newsletter the front page highlights the brutal forced eviction of the Dey Krahorm community in Phnom Penh, Cambodia on Saturday, 24 January 2009 by Hannah Neumeyer – Researcher- Global Forced Evictions Programme – COHRE. This article is followed by a comprehensive report on a Fact Finding Mission conducted in Colombo in October 2008 by Prabhjot Kaur – Women’s Housing Rights Officer- Asia Pacific, which is a continuation from the eighth issue.

Next there is the Cases to Watch column which contains details about the land case which was heard in the Puttlam District Courts and the Fundamental Rights case filed by a businessman whose license was not renewed by the Additional Government Agent of Kalpitiya.

Finally there is an article on the National Housing Development Authority’s new housing projects in Batticaloa and in the Northern Province for Internal Displaced persons.

We hope you find this Newsletter useful in understanding the rights and problems faced in Sri Lanka and internationally on the right to housing. We welcome any comments, submission of any new case notes and articles and relevant events on the right to housing.

If you have any comments, require additional copies, or wish to subscribe to the mailing list for the Quarterly Newsletter on HLP-rights in Sri Lanka or For further information, please contact COHRE office, located at 106 1/1 Horton Place, Colombo 7. Sri Lanka. Telephone/Fax +94.11.2693143 or e-mail at srilanka@cohre.org.

Editor - Nilanka Nanayakkara effect on other communities in Phnom Penh that are threatened with forced eviction in the name of development. COHRE and other organisations in Cambodia continue to work with these threatened communities to defend their right to adequate housing, the importance of which has been recognised repeatedly by Cambodian Government officials, but which continues to be denied to and actively taken away from many poor residents in Phnom Penh and elsewhere in Cambodia.

For further information on the case of Dey Krahorm, go to www.cohre.org/deykrahorm

Housing Rights for Everyone, Everywhere...

Gender and Forced Evictions – Report of fact finding mission conducted in Colombo Prabhjot Kaur WHRO – Asia Pacific CONTINUATION FROM THE LAST ISSUE

Roman Catholic School Tsunami Transitional Shelter Site –

women are leading their households as men are out of jobs. Women are earning and running the family.”

The play ground of a Roman Catholic School is a transitional accommodation to Tsunami affected families who have continued to live there despite recent threats from Government officials as well as school authorities to vacate the premises of the school.

- AS, Age 20, is married to a fisherman. She is staying in the camp with her family.

“The school wants us to move away because in January (2009) they want to hold annual sports meet. Some families were given land away from the main road by the YWCA. But high tension electricity wires are going above that marshy land.

How can we build our houses there? We (the community living in Roman Catholic School Camp) filed a complaint in the Human Rights Commission citing our problems. The Human Rights Commission replied to our letter stating that this issue is not related to them.”

Following which a petition was filed in the Supreme Court by COHRE and partners on behalf of communities living in these camps.

According to the latest order of the Court, families will have to leave the camp within the next six months. This Camp was a garment factory. Discussion with women at the camp site reveals the continuous challenges they are forced to live with since the tsunami.

“We are threatened every now and then (by Govt., Authorities) to move away from camp. Now, the electricity has been cut off). In September 2007, a major fire broke out in the camp and we almost lost everything. Before that I lost my house in Tsunami. Now I’m again set to lose my house ...Children in the camp don’t go to school. They don’t have birth certificates...

I’m not able to do anything for my children or my family. Now, we are focussing on how to save whatever we have. We were hoping (from the legal petition) that we will be able to save the roof on our heads but now we have to move from here in next six months. I still don’t know what we will do next.”

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SM, Age 44 is a married woman who was previously working as cook. Presently she does not have any job. She needs 100 LKR (US$ 1) as bus fare daily to go to her workplace which she cannot afford.

- KM, Age 23 is married. Her husband is a coolie.

Salusala Tsunami Transitional Shelter Site – Salusala Watte is a post tsunami transitional relief camp where families have been living for the last four years (since Dec 26,

A dialogue with women reveals the hardships they have been going through at this site and how the threat of evictions has increased their problems.

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“We are already facing multiple problems in the camp. There was no electricity since beginning in the camp, but we managed to live through. We are still waiting for the permanent houses we were promised but now we are asked to move away from here.

There is a lot of disillusionment, frustration and anger in the camp residents. Men take out there anger on women because of frustration. Lot of people take drugs and for buying drugs they steal and do all sorts of illegal things. Here most of the

2004 when tsunami hit). This place falls in Moratuwa which is about 15 kms south of Colombo. There is pressure on the dwellers of this camp site from the government to leave this camp. Notices ordering families to vacate within 15 days were posted in September 2008.

COHRE Sri Lanka Newsletter, “A visit to Salu Sala Tsunami transitional shelter site in Moratuwa” Issue No. 07 – July/ September 2008

“I worked in factories before as a day labourer. We were forced to leave our homes and live in this camp after the Tsunami. Our condition is very poor. But at least we had some place to stay. If we move from here (this camp), where we will go? Last month, authorities came from DR/DS office and posted notice. It said we had 15 days to leave this place. Next day authorities came from DS office with a lot of security and told us to sign some papers but we refused to do so. They threatened that if we do not leave or sign, our huts will get demolished and we will not be able to save whatever we have made over the last four years.”

- WF, Age 58 is a widow. She is living with her daughter’s family in the camp.

Rustam Watte Tsunami Transitional Shelter Site – Rustam Watte Tsunami Shelter Camp is on the railways land. The condition of housing is very shocking. As we go inside, we find that water has seeped into the houses and

on them instead of getting wet. Everything gets wet (bed / chair / almirah).

We see that one woman is crying a lot. Her whole house is full of one foot deep water. It is further revealed that her mother died an hour ago and she has no place to keep the dead body (the flooring of her hut is in water and outside the camp is muddy and soggy), so they have to immediately take it to the church for burial. She is crying inconsolably.

Conclusion –

there is no visible flooring (this is the rainy season). In some places people have kept stone blocks in water so that they can move

The fact finding mission conducted in and around Colombo reaffirmed the fact that forced evictions are not at all a gender neutral phenomena and they have very gender specific implications.

As a consequence of which, women are disproportionally affected from

forced evictions. Although some of the violence enacted during forced evictions may not appear gendered, women are disproportionately affected by forced eviction, largely as a result of their traditional, gendered roles within the household and their communities.

It is therefore important to address, examine and understand women’s experiences with forced eviction and needs in the relocation sites within the human rights framework.

This implies that the state authorities are obligated to respect and follow human rights principles enshrined in the international human rights law. They are further obligated to ensure the right to adequate housing, including protection from forced eviction, for all of its residents. Women in particular are entitled to legal and substantive equality in the enjoyment of all of their human rights.

Cases to Watch V G N Rockwood vs. W L R S Fernando and 17 others In November 2007, the petitioner (V G N Rockwood) a businessman in Talawila instituted action in the District Courts of Puttlam (1682/L) inter alia to assert his ownership and possession of the Madal Padu 79/29 and remove the respondents from the same, alleging that the respondents anchoring their boats on the said Madal Padu 79/29 was tantamount to an illegal act as per the Gazette Notification bearing No. 337/48 dated 21.2.1985.

The Plaintiff in his Plaint prays inter alia, a) a judgment in favour of the Plaintiff as the owner/possessor of the land described in the Schedule to the Plaint, b) to evict the Defendants from the said land, and c) for damage of Rs. 150,000 per month COHRE Legal Team appeared for the Defendants 2,5,6,7,8,9,10,13,14,15,16, and 17 (hereinafter referred to as The Defendants) and tendered the answer on the 1st of August 2008. Before answering the Plaint, the Defendants stated several main objections to the Plaint including, that the Plaintiff did not possess a valid license. Therefore, the Defendants pleaded with the honourable court to refuse to hear the case. Further the respondents claim that they have been using the said shore for the past Forty Five (45) years.

Not prejudicing the main objections above stated, the defendants mentioned inter alia the following facts to the honorable court:

a) The Defendants have been engaged in the Fishing Industry for the last 45 years. b) The Defendants were given fishing equipments by the Ministry of Fisheries as livelihood assistance.

WHEREOF the Defendants requested: i) that the Plaintiffs action be dismissed; ii) for costs; and iii) for such further and other relief as to this honourable court shall seem meet.

In November 2008, the plaintiff of the above mentioned case filed a fundamental rights application in the Supreme Court (SC FR Application No. 503/2008) alleging that his fundamental right to equality and freedom to engage by himself or in association of others in any lawful occupation , profession, trade business or enterprises guaranteed by Article 12 and Article 14 (g) of the Constitution respectively have been violated by the Additional Government Agent of Kalpitiya by failing to renew the ‘Madal Padu Permit’ for the Madal Waraya No.79/29 for the year 2008 and thereafter.

When this matter came up on 12.01.2009 in the Supreme Court, the State Counsel informed Court that he received instructions from the Additional Government Agent of Kalpitiya that if the Petitioner withdrew the case that was pending in the District Court of Puttlam on the same matter, The Additional Government Agent of Kalpitiya would take steps to redemarcate the “Madal Waraya” of the petitioner in terms of the applicable regulations and thereafter the

petitioner would be granted a license in respect of the freshly demarcated area.

He further submitted that such a course of action is necessary since other persons are now engaged in fishing activities in the area. Under the circumstances, the court directed that this matter be finalized within a period of one month. The proceedings were accordingly terminated.

When the said case bearing No. 1682/L came up on the 5th of March 2009 the lawyer who appeared on behalf of the plaintiff informed the court that he is withdrawing this case according to the said Supreme Court decision. As such the honorable Judge dismissed the plaintiff’s case and ordered the plaintiff to pay the cost to the defendants.

This case reflects the significant balance that must be maintained between economic development and the right of citizens to the right to adequate housing including the prohibition on forced evictions in Sri Lanka, when the Government and the Government officials implement policies. A prudent and practical approach would be to strike a balance between the two concepts, so that the rights of vulnerable communities are not violated, which could lead to future human rights abuses.

COHRE urges all Government officials to adhere to their international human rights obligations. COHRE will monitor the effects of the case and will provide an update and analysis of the situation in the next newsletter.

National Housing Development Authority (NHDA) response to the Internal Displacement in the Northern and Eastern Provinces of Sri Lanka NEW HOUSING PROJECT IN BATTICALOA Arbeiter-Samariter-Bund (ASB) of Germany agreed to construct 60 houses in the Koralai Pattu South Divisional Secretary Division in Batticaloa with the assistance of the National Housing Development Authority (NHDA).

The total cost of this project is Rs. 33 million.

Under the guidance of the Ministry of Housing and Common Amenities the NHDA implemented this project.

ASB and NHDA agreed to collaborate within the framework of a project which is the Owner Driven Construction of 60 houses at Koralai Pattu South & Koralai Pattu West Divisional Secretary Batticaloa District.

Selection of beneficiary families for this project will be done by the respective Divisional Secretaries under the guidance of the District Secretary of Batticaloa.

This programme will be implemented to provide 1000 housing units to families displaced by the war in the North. The cost for the 500 houses will be met by the NHDA; accordingly, this programme will be implemented in line with the Gama Neguma housing development programme. The total cost to be spent on this programme is Rs. 50 Million. Rs. 25 Million will be invested under the Gama Neguma housing development programme and the balance Rs. 25 Million will be borne by the recoveries of housing loans. The high level of loan recovery (80%) in the Northern Province, compared to other areas of the country, is a positive factor in implementing housing development programmes successfully in the Northern area.

The financial assistance for the balance 500 houses of the housing development programme for 1000 families of the Northern area will be borne by the proposed housing development programme planned by the government for the Northern area. Construction of 500 houses will be implemented with the financial assistance of the Northern rehabilitation housing development programme, the Northern special housing and infrastructure development programme, the provincial political leadership and various development programmes implemented under the guidance of the district secretaries.

With the financial assistance of ASB, NHDA will act as technical facilitators and provide technical oversight in to this programme.

Beneficiary families will receive a Rs. 500,000/- grant for the construction of these houses and another Rs. 50,000/- for the The above housing development programme covers all the districts construction of toilets . of the Northern Province and will be implemented in three stages PROGRAMME TO PROVIDE during 2009. The District Managers 1000 HOUSES AT A COST OF RUPEES HUNDRED MILLION IN of the Northern Province have THE NORTHERN PROVINCE IN indicated that the first stage of this THE YEAR 2009 programme will be implemented The National Housing Development from January to April 2009.

Authority (NHDA) has made arrangements to launch an accelerated housing development programme to provide 1000 houses expeditiously to needy families in the Northern Province during the year 2009.

http://www.nhda.lk/Batti_Housing.htm

The proposed housing development programme to be commenced in all districts in the North will be implemented under the guidance of the District Housing Committee headed by the District Secretaries. Subsequently this programme

will be carried out by the District Managers of the relevant districts.

COHRE appreciates the NHDA’s effective response to Internal Displaced Persons (IDPs). However, it is noted by COHRE that there is still much that needs to be done by the Government and other actors to protect and promote the housing rights of IDPs. There is also a large number of IDPs who continue to live in camps or in host communities throughout the country due to the inadequacy and/or nonimplementation of restitution policies.

COHRE recognises the importance of advocating for the adoption of the United Nations Principles on Housing and Property Restitution (the Pinheiro Principles) as the standard by which programmes of housing and property restitution in Sri Lanka should be implemented. The Pinheiro Principles set out a universally applicable standard by which housing and property restitution may be implemented. They provide an objective standard by which a process of restitution may be evaluated.

These principles recognise and facilitate the realisation of two interrelated rights, namely the right to return and the right to restitution. All refugees and internally displaced persons have the right to return to their countries as well as to their original homes and lands. The process of return can only be realised however, where there is adequate recognition of their right to housing and property restitution.

In 2009, COHRE is advocating for a comprehensive restitution policy.

It is important that any policy intended for the restoration of housing and property rights gives due recognition to return and restitution as the preferred remedy to displacement, and endorses internationally recognised standards of best practice as is suitable for Sri Lanka.

http://www.nhda.lk/Nor_2009.htm