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National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012) Contents Ministry of Defence .................................................................................................................................................................................................................................... 1 Ministry of Justice ...................................................................................................................................................................................................................................... 5 Attorney General’s Department ................................................................................................................................................................................................................ 7 Ministry of Lands and Land Development ............................................................................................................................................................................................... 10 Ministry of Finance & Planning ................................................................................................................................................................................................................ 14 Ministry of External Affairs ...................................................................................................................................................................................................................... 16 Ministry of Public Administration & Home Affairs................................................................................................................................................................................... 17 Ministry of Rehabilitation and Prison Reforms ........................................................................................................................................................................................ 19 Ministry of Resettlement ......................................................................................................................................................................................................................... 21 Ministry of National Languages and Social Integration ........................................................................................................................................................................... 22 Ministry of Education ............................................................................................................................................................................................................................... 25 Ministry of Higher Education ................................................................................................................................................................................................................... 26 Ministry of Health .................................................................................................................................................................................................................................... 27 Ministry of Plantation Industries.............................................................................................................................................................................................................. 27 Ministry of Child Development & Women’s Affairs ................................................................................................................................................................................. 28 Ministry of Telecommunication & Information Technology.................................................................................................................................................................... 29 Ministry of Culture and The Arts .............................................................................................................................................................................................................. 29 Ministry of Mass Media and Information ................................................................................................................................................................................................ 30 Ministry of Religious Affairs ..................................................................................................................................................................................................................... 31 Ministry of Sports ..................................................................................................................................................................................................................................... 31 Presidential Task Force for Resettlement, Development & Security in the Northern Province .............................................................................................................. 32 Presidential Secretariat ............................................................................................................................................................................................................................ 32


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

1

Ministry of Defence Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

Timeframe

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

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. 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.

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

o Disciplinary inquiries concluded

12 months

3.

 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

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

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

 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

 Assessment completed  Follow up action identified and pursued, as appropriate.

06 months

Human Rights 4.

5.

 Impediments identified and remedial action taken

6 months

o CBO’s  Programmes to strengthen skills integrated into Police training modules

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

12 months

3 months


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation of the Commissioner with experienced investigators to collect and process information. 6. 9.51 Devise a centralized system of data collection at the national level, integrating all information with regard to missing persons 7. 9.59 Frame domestic legislation to specifically criminalize enforced or involuntary disappearances 8. 9.60 - Provide comprehensive, island-wide human rights education programmes targeting the school children, youth, members of the Security Forces, and the Police etc. 9. 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 10. 3 1. Publish a list of names of those in detention.

Activity

Partner Agencies

Key Performance Indicator (KPI)

Timeframe

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

o Dept of Census & Statistics

 Data base established and information included

6 months

 Examine the need for legislation.

o Ministry of Justice o Attorney General’s Department o NHRC o Armed Forces o Police Department

 Review of laws completed

24 months

 Implementation of NHRAP monitored

Governed by the time frame as per the NHRAP 6 months

 Implement activities identified in the NHRAP

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

 Enhanced database

 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

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

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

o Attorney General’s Department

 Report published

End 2012

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.  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

o Attorney General’s Department o Police Department o Ministry of Justice

11. 9.73 - Conduct proper investigations in respect to allegations against the illegal armed groups. Institute criminal proceedings against offenders

2

End 2012

 The effective maintenance of law and order


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation

Activity

Partner Agencies

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

these groups do not re-emerge.  Examine crime statistics and trends to identify critical issues;  Take necessary measures to improve law enforcement.

13. 9.108 - Initiate a formal bilateral consultation

 Formulate policy with regard to IDPs in India.

o

 Conduct bi-lateral discussions with India in terms of policy

o

 Complete investigations into current cases

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 14. 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. 15. 9.115d - Ensure the freedom of movement of media personnel in the North and East

16. 9.119 - Allow visitors from overseas to visit their friends and relatives in recently resettled areas without any undue restrictions

17. 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

Key Performance Indicator (KPI)

3

Timeframe

 Effective Vigilance

Ongoing

 Decrease in incidents of crime

Ongoing

Ministry of External Affairs Ministry of Resettlement

 Decisions implemented

24 months

o

Police Department

 Investigations completed.

12months

 Identify impediments to free movement, if any, of media personnel in the North and East  Take appropriate action to remove impediments, if any

o

 All impediments, if any, removed

6 months

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

o

Police Department Ministry of Mass Media and Information Police Department Respective GA’s

 The formulation of a report which confirms that no such restriction exists  Recommendations implemented.

6 months

 Lands released  Re-location completed  Compensation paid

 Ongoing  6 months  3 years

o o

o

o  Examine recommendations of Committees  Ensure follow up on recommendations are implemented

o o

Police Department Police Department

Police Department Attorney General’s Department

Ongoing

Land Return and Resettlement 18. 9.142 - Review the 2 existing HSZs in Palaly and Consequent to the review already completed – Trincomalee-Sampur, as well as small extents of private land currently utilized for security purposes, with a view to release more land

 Release lands where possible;  b) Take steps to re-locate or to pay compensation acting under applicable Statutes

o

Ministry of Lands


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation while keeping national security needs in perspective. Complete the provision of alternate lands and or payment of compensation within a specific time frame

Activity

Partner Agencies

Key Performance Indicator (KPI)

4

Timeframe

(Land Acquisition Act).

Reconciliation 19. 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 20. 5. Encourage free movement of persons on A9 to ensure greater participation in the economic, social and cultural activities. 21. 9.204 - Take immediate action to disarm persons in possession of unauthorized weapons and prosecute such offenders

22. 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) 23. 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 24. 9.270 - In consultation with inter-faith groups, facilitate the establishment of a mechanism that serves as an early warning and early

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

 A marked reduction or withdrawal of security force personnel for civil activities  Unnecessary impediments, if any, removed  A complete disarming of persons in possession of unauthorized weapons.

6 months

02 months

 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.  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

o Police Department

o Police Department o Attorney General’s Department o Ministry of Justice

 An increased rate of successful prosecutions.

6 months

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

o Presidential Secretariat

o Report submitted by major stakeholders to the Cabinet of ministers

6 months

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

o Attorney General’s Department

o Implementation of such programmes and wide publicity of such

6 months

6 months

o Ministry of Justice

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

o Department of Police


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation diffusing system to ensure that communal or religious tension or friction does not lead to conflict

Activity

Key Performance Indicator (KPI)

Partner Agencies

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

5

Timeframe

programmes

Ministry of Justice Recommendation

Activity

Key Performance Indicator (KPI)

Partner Agencies

Timeframe

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.

 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

24 months

 Cases filed in Court

24 months

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

(1) The role of the AG is not an investigative role, and action is only taken following investigations by the Police. In regard to certain cases, AG will take positive action to complete prosecutions before end 2012. 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.

 Upon conclusion of disciplinary process being conducted in terms of Armed Forces statutes, take follow up action to prosecute, where relevant.  Use the existing system as provided for in the Criminal Procedure Code to originate a complaint and give such mechanism sufficient publicity.

o Attorney-General’s Department

 Offenders prosecuted

24 months

 Cases filed in Court

24 months

(2) Mandate of the Special Commissioner of Investigation has been finalized and the appointment will be done shortly.

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  Access to justice o CBOs programmes identified o Police Department and implemented by establishing community policing units

12 months


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation

Key Performance Indicator (KPI)

6

Timeframe

Activity

Partner Agencies

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 ICTA

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

3 months

 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 Attorney General’s Department o Police Department

 Review of laws completed  Legislation drafted and presented to Parliament, if found necessary

24 months

 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 Attorney General’s Department o Police Department

(3) As (2) above. 4.

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.

(4) As (2) above. 5.

6.

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 9.59 Frame domestic legislation to specifically criminalize enforced or involuntary disappearances

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

(5)As (2) above. 7.

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

End 2012

(5) A number of studies have been conducted on the issue of Law’s Delays and the Ministry will release their recommendations by Dec 2012.

Reconciliation 8.

9.213 - Ensure that all allegations are investigated and wrongdoers are prosecuted and punished irrespective of their political links

 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

o Police Department o Attorney General’s Department

An increased rate of successful prosecutions.

6 months


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation

Activity

Key Performance Indicator (KPI)

Partner Agencies

7

Timeframe

(9.206-209 Includes examples of uninvestigated allegations related to Bhareti, Karuna, EPDP extortion, and a gang led by a person called Major Seelan)

(7) Discussions being held with Police Dept and AG to expedite prosecutions 9.

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 citizens’ rights.  Introduce measures/ mechanisms/ amendment to laws to strengthen citizens’ grievance mechanisms

o Presidential Secretariat

o Report submitted by major stakeholders to the Cabinet of ministers

6 months

1 year

o Ministry of Defence o Attorney General’s Department

(8) Discussions being held with HRC to expedite prosecutions 10. 9.283 - Enact and strictly enforce deterrent  Examine the adequacy of penal legislation to deal laws to deal with ‘hate speech’ relating to ethnicity, religion, and literature

with hate speech.  Introduce law reform if necessary.

Submission of draft legislation to Parliament.

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

Attorney General’s Department Recommendation

Activity

Key Performance Indicator (KPI)

Partner Agencies

Timeframe

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.

 Upon conclusion of disciplinary process being conducted in terms of Armed Forces statutes, take follow up action to prosecute, where relevant.  Use the existing system as provided for in the Criminal Procedure Code to originate a complaint

Offenders prosecuted

 Cases filed in Court

24 months 24 months


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation 2.

3.

4.

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. 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. 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.

5.

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

6.

9.59 Frame domestic legislation to specifically criminalize enforced or involuntary disappearances

Activity and give such mechanism sufficient publicity.  Upon conclusion of disciplinary process being conducted in terms of Armed Forces statutes, take follow up action to prosecute, where relevant.  Use the existing system as provided for in the Criminal Procedure Code to originate a complaint and give such mechanism sufficient publicity. 

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

 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.  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.  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.

Partner Agencies o Ministry of Justice

o o

Police Department Ministry of Justice

o Ministry of Justice o Police Department

Key Performance Indicator (KPI)

8

Timeframe

 Offenders prosecuted

24 months

 Cases filed in Court

24 months

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

3 months

 Processes identified and established  Reduction in the number of detainees.

24 months

 Unit established

24 months

 Review of laws completed  Legislation drafted and presented to Parliament, if found necessary

24 months


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

7.

8.

Recommendation

Activity

Partner Agencies

1. 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.

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

o Police Department

2. 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.  Examine recommendations of Committees  Ensure follow up on recommendations are implemented

o Ministry of Justice o Police Department

Key Performance Indicator (KPI)

9

Timeframe

3

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

o Police Department

 Report published

End 2012

End 2012

 Recommendations implemented.

Ongoing

 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  An increased rate of successful prosecutions.

12 months

Reconciliation 9.

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.

10. 9.213 - Ensure that all allegations are  Conduct investigations speedily and ensure that 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)

the Rule of Law prevails having due regard to the Constitution. Guarantee of the equal protection of the law

o Police Department

o Police Department

o Department of Police o Ministry of Justice

6 months


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation

Activity

11. 9.218, 219 - Establish an independent  Review the provisions of existing Institutions to 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

identify additional and more effective measures that need to be taken to strengthen citizens rights.

Partner Agencies o Presidential Secretariat

Key Performance Indicator (KPI) o Report submitted by major stakeholders to the Cabinet of ministers

10

Timeframe 6 months

o Ministry of Defence  Introduce measures/ mechanisms/ amendment to laws to strengthen citizens grievance mechanisms

o Ministry of Justice

Ministry of Lands and 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


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

11

Timeframe

(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

Land Return and Resettlement 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.

(2) land policy of the Government is not an instrument to effect unnatural changes in the demographic pattern of a given Province.

 Appoint a 4 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.

(3) distribution of State land continues as provided for in the Constitution

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

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

12 months

 Appointment of the 4 Land Commission

24 months

o P.T.F. for N

th

o Presidential Secretariat

th

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

th

The proposed 4 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 th the findings of the 4 Land Commission

24 months


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

Timeframe

where people are in possession of valid legal proof of their claim to the land in question.

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.

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

12


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation

Activity

Partner Agencies

13

Key Performance Indicator (KPI)

Timeframe

Implementation of circular

3 months

A report dealing with activities 1, 2 & 3

3 months

  

Lands released Re-location completed Compensation paid

 Ongoing  6 months  3 years

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 wellpublicized ‘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 implemented

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

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

(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).

o

Ministry of Defence

(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. 9.

9.150 Expedite action on the establishment

 Include the proposal to establish a NLC in the TOR of

o

Presidential

 Proposal included in TOR

To be


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation of a National Land Commission (NLC) in order to propose appropriate future national land policy guidelines as required under the 13th Amendment 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 biodiversity, 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

(10) o o o o

Activity

Partner Agencies

the PSC with a view to receiving recommendations.

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

Secretariat

o o

Ministry of Finance and Planning Ministry of Public Administration.

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

Key Performance Indicator (KPI)

Timeframe

of PSC

confirmed

Budgetary provisions made available to Ministry of Lands; Staff provided to M/Lands;

36 months

Land Use Plan for N&E developed.

Treasury has granted allocation for 2013. Recruitment is underway for required staff. Survey Department has prepared 1:10000 maps for 08 districts Training and awareness programmes have already commenced.

Ministry of Finance & Planning Recommendation

Activity

Partner Agencies

Key Performance wIndicator (KPI)

Timeframe

International Humanitarian Law Issues 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

14

 Mechanism launched to conduct survey

Ongoing


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

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

1. Evaluate the need for an external partner

o

Ministry of Resettlement

A report dealing with activities 1, 2 & 3

3 months

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

o

Ministry of Lands

o

Ministry of Public Administration.

Land Return and Resettlement 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

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 biodiversity, 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.

 Budgetary provisions made available to Ministry of Lands;

36 months

 Staff provided to M/Lands

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

15


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

16

Ministry of External Affairs Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

 Formulate policy with regard to refugees in India.

o Ministry of Resettlement o Ministry of Defence

 Bi-lateral discussions held and decisions implemented

 Conduct bi-lateral discussions with India in terms of policy

o Ministry of Defence

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

24 months

(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 will continue to collaborate with M/Resettlement in this activity. 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.

 Programme formulated.

3 months ** Revised as 5 months

 Implement programme through Overseas Missions

 Programme implemented

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.


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

17

Ministry of Public Administration & Home Affairs Recommendation

Activity

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

Partner Agencies

Key Performance Indicator (KPI)

Timeframe

Human Rights 1.

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

o Ministry of Public Administration & Home Affairs

 Instructions issued to implement the provisions of new legislation.

Ongoing

(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.

Land Return and Resettlement 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,

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


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

18

Timeframe

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

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

Restitution/Compensatory Relief 5.

9.162 - Revisit the problem of public servants being disqualified from NGO assistance programs

 Examine government policy to identify what disqualifications exist;  Determine and introduce provisions to ensure equitable assistance.

Policy examined and problem areas identified, if any. New policy determined, if necessary.

3 months

(7) 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 12 months identified. All impediments, if any removed and normal civil administration restored.

(8) 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

(9) Action to be taken at future events.

 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 Presidential Secretariat o Ministry of National Languages and Social Integration

Sustainable peace and harmony amongst all people

---


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

19

Ministry of Rehabilitation and Prison Reforms Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

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

The Ministry has already taken steps, with the collaboration of the Ministry of Social Services, to obtain artificial arms and legs for the needy detainees remaining in the camps. (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 socialized trainees in near future. (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. (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 trainees 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 trainees 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 reintegration designed and implemented

Ongoing

(1) Discussions have been held with the Ministry of Social Services to provide an amount of Rs. 10,000 for self employed businesses. (2) Exclusive programmes such as giving the young trainees, who lost their parents, in marriage to ensure their protection and care 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. 80 trainees got qualified to enter the university.


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

20

Restitution/Compensatory Relief 3.

4.

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

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

 Report on REPPIA received.

Take appropriate action to deal with issues identified.

 Action taken as appropriate.

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

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

o Ministry of Finance & Planning

o PTF – N & E

Ongoing

 Issues resolved Issues resolved

 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. 23,752, 500 has been paid for 257 dead and injured persons relevant to the compensation scheme of the most affected.  An amount of Rs. 2,600,000 has been granted for 23 government servants under the compensation scheme of the most affected.  An amount of Rs. 13,328,712 has been given for 201 cases of paying property compensations for general public.  An amount of Rs. 13,483, 554 has been granted for 129 cases of paying compensations for state servants who got affected due to LTTE activities.  A loan of Rs. 163,580,000 has been given for 1001 integrated trainees.  Under the self employment loan scheme, an amount of Rs. 37,695,000 has been granted for 515 affected persons.


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

21

Ministry of Resettlement Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

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 o

Ministry of External Affairs Ministry of Defence

 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 Create more awareness among refugees on the availability of the UNHCR package and also possibility of applying for housing assistance in consultation with M/EA and DHC in Chennai. o M/EA is being requested to examine the possibility of initiating discussion with GOI to compile a Profile of refugees as such detailed information will be later required to meet the needs of the returning refugees (housing, employment, education etc)

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.


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

22

Ministry of National Languages and Social Integration Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

Timeframe

Reconciliation 1.

2.

3.

4.

9.245 - Make necessary budgetary provisions available on a priority basis for teacher training and staffing for a trilingual nation by the year 2020 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 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 9.248 - Ensure that the Language Commission is an authority with effective powers of implementation and branches in every province. 9.250 - Implement Interim Recommendation regarding language. Station interpreters at Police Stations using retired police officers with bilingual fluency

 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.  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.

Ongoing 

Effective Monitoring of the implementation of the Trilingual Initiative

o Presidential Task Force on Trilingual Society

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.


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

23

Timeframe

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. 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

12 months 24 months


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation

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]

Activity  Formulate a policy that would encourage ethnically mixed schools  Ensure that schools include programmes to promote inter-community interactions.

Partner Agencies o Ministry of Education

Key Performance Indicator (KPI) implemented  The establishment of a policy encouraging ethnically mixed schools

24

Timeframe

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. 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.

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 Public Administration & Home Affairs o Presidential Secretariat

 Sustainable peace and harmony amongst all people

---

(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.


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

25

Ministry of Education Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

Timeframe

 Module formulated and included in curriculum

Governed by the time frame as per the NHRAP

Human Rights 1.

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  Formulate a module for inclusion in secondary school curriculum

o National Institute of Education

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

Reconciliation 2.

3.

9.201 - Ensure that post conflict development o M/Health  Assess the impact of existing programmes to  The publication of a agenda and programmes for reconciliation o M/Plantation improve the health, education and housing report indicating the take account of the essential needs of the Industries facilities for the estate sector, to identify areas effectiveness of banks Tamils of Indian origin. Improve the health and o M/Child Dev & that require improvement existing programmes educational facilities and also provide better Women’s Affairs  Revise programmes to make interventions more living conditions in the estate areas effective. (2) A task team has been appointed to identify educational gaps / that require further improvement in the plantation sector 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

6 months

 Upgrading of educational facilities in schools

36 months

 The establishment of a policy encouraging ethnically mixed schools

24 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.

(4)  Nine schools in each province will be selected to convert as ethnically mixed schools

o Ministry of National Languages and Social Integration


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation 

Activity

Partner Agencies

Key Performance Indicator (KPI)

26

Timeframe

Cabinet approval will be sought to encourage for the establishment of ethnically mixed schools within three months

Ministry of Higher Education Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

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.


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

27

Ministry of Health Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

M/Education M/Plantation Industries M/Child Dev & Women’s Affairs

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

Timeframe

Reconciliation 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

1.

 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 o o

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 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 Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

Timeframe

Reconciliation 1.

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 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

 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/Education o M/Child Dev & Women’s Affairs

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

6 months

 Implement activities identified in the NHRAP to achieve this objective.

o As contained in the NHRAP

 NHRAP implementation monitored

Ongoing


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

28

disabled affected by conflict, and provide necessary relief

Ministry of Child Development & Women’s Affairs Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

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 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/Education o M/Plantation Industries

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

6 months

(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.


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

29

Ministry of Telecommunication & Information Technology Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

Timeframe

Human Rights 1.

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.

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

o ICTA o Police Department o Ministry of Justice

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

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

3 months

Ministry of Culture and The Arts Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

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.

 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.

Encourage cinema, TV and stage drama productions that highlight commonalities and mutual understanding between communities.

(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)

 Programmes that would promote cultural affinities and commonalities between communities

12 months


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

      

30

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 and Information Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

Timeframe

Human Rights 1.

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.

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

 Effective redress to grievances of media personnel

12months

o Press Council

(1)   

2.

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.

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


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

(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 Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

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

Ministry of Sports Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

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

31


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

32

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

Activity

Partner Agencies

Key Performance Indicator (KPI)

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

9 months

 Policy implemented

Restitution/Compensatory Relief 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

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

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 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

 The publication of the report identifying the requirements with recommendations for implementation.

18 months

Presidential Secretariat Recommendation

Activity

Partner Agencies

Key Performance Indicator (KPI)

Timeframe

International Humanitarian Law Issues 1.

9.39 - Initiate an independent investigation into the Channel 4 Video to establish the truth or otherwise of the allegations arising

 Assess current processes being pursued to examine the authenticity of the allegations in

o M/Defence

 Assessment completed  Follow up action identified and pursued, as

06 months


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation from the video footage.

Activity

Partner Agencies

Key Performance Indicator (KPI)

Channel 4 namely, the inquiry currently conducted by the Army.  Based on such results take follow up action as appropriate.

Timeframe

appropriate.

Land Return and Resettlement 2.

3.

4.

5.

6.

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 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 9.214, 215 - De-link the Police Department from the institutions dealing with the armed services.

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

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. 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 9.224 - Conceive and implement a specific program to bring about attitudinal change

[Independent Police Commission has already been established]

o Ministry of Lands

 Refer recommendation to PSC

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

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

o Proposed Parliamentary Select Committee

o Ministry of Defence o Attorney General’s Department

Proposal included in TOR of PSC

To be confirmed

Recommendation referred to PSC.

Ongoing

Not applicable

Not Applicable

o Report submitted by major stakeholders to the Cabinet of ministers

6 months

 HR Plan of Action formulated.

3 months

o Ministry of Justice  Introduce measures/ mechanisms/ amendment to laws to strengthen citizens grievance mechanisms  Implement the National Human Resources Policy

o

Office of the Sr. Minister for HR

33


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation through training programs to enhance the work ethic of the public service 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 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. 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 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 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 11. 9.248 - Ensure that the Language Commission is an authority with effective powers of implementation and branches in every province. Implement Interim 12. 9.250 Recommendation regarding language. Station interpreters at Police Stations using retired police officers with bilingual fluency

Activity

Key Performance Indicator (KPI)

Timeframe

 Refer to the PSC.

 Implementation of HRPA commenced. Not Applicable

Not Applicable

 Refer to the PSC

Not Applicable

Not Applicable

development

 Effective Monitoring of the implementation of the Trilingual Initiative

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

o

Ministry of National Languages and Social Integration

o

Presidential Task Force on Trilingual Society

Ongoing

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

13. 9.285 - Set aside a separate event on  National Day to express solidarity and

Partner Agencies

Continue the present practice of expressing solidarity as one

o Ministry of Public Administration & Home

Sustainable peace and harmony amongst all people

---

34


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

Recommendation 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

Activity 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

Partner Agencies

Key Performance Indicator (KPI)

Timeframe

Affairs o Ministry of National Languages and Social Integration

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

Refer to the PSC.

Not Applicable

Not Applicable

Refer to the PSC

Not Applicable

Not Applicable

The implementation of the recommendations of the PSC

1 year

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

Presidential Secretariat

35


National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency  

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (October, 2012)

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