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Population and Ethnic Composition in Project Districts District Population & Density Ethnic Composition

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Population and Ethnic Composition in Project Districts District Population & Density Ethnic Composition SRI LANKA 28692 Public Disclosure Authorized NORTH-EAST IRRIGATED AGRICULTURE PROJECT (NEIAP) Funded by WORLD BANK Implemented by NORTH-EAST PROVINCIAL COUNCIL Public Disclosure Authorized SOCIAL SAFEGUARDS & RISKS ASSESSMENT AND MANAGEMANT FRAMEWORK Public Disclosure Authorized Prepared by Project Management Unit (NEIAP) Public Disclosure Authorized North-East Provincial Council Trincomalee – Sri Lanka Cleared by WORLD BANK Contents Page Foreword 1 - 2 Chapter 1. Introduction 3 Conflict torn Sri Lanka 3 Impacts of the Conflict 3 Government Support to Conflict Affected People 4 The Current Status of the North East 4 The World Bank’s Role – conflict and post conflict situation 5 Social Safeguards and Risks associated with NEIAP 7 Chapter 2. Social Safeguards Issues – Involuntary Resettlement 8 The World Bank Policy – Operational Policy 4.12 8 OP 4.12 and NEIAP 8 NEIAP’s activity portfolio 9 Chapter 3. The World Bank Policy on Indigenous people 10 Operational Directive 4.20 10 O D 4.20 and NEIAP 11 Extend of the Issue 11 I P Village 11 Plan of Action 12 The World Bank Policy on Cultural Heritage 12 Operational Manual Statement on Cultural Heritage 12 Chapter 4. Social Risks 13 Legal Protection of Owners’ Rights and Grievance Redressal 16 Chapter 5. Monitoring & Evaluation: An Extended Agenda 22 Framework of Implementation Monitoring 22 A Land register to form a part of Village Social Profile 22 Strengthen SMO dispute resolution skills 22 2 Sensitization workshops on land issues 22 Boxes 1. North East Irrigated Agriculture Project 6-7 2. Indigenous Peoples 10 -11 3. Agrarian Development Act 17 Attachments 1. District Social Profile 2. (a) List of participants of project stake holders’ workshop on social safeguard issues – Ampara District (b) List of participants of project stake holders’ workshop on social safeguard issues – Batticaloa District (c) List of participants of World Bank Review Mission workshop on social safeguard issues - 3. Operational Policy 4.12 -Involuntary Resettlement 4. Operational Directive 4.20- Indigenous Peoples 5. Revised by laws of Farmers’ Organization 6. Landownership Categories in Sri Lanka 7. Framework of Implementation Monitoring - Social and Institutional Aspects 8. M & E Frame work 9. NEIAP land monitoring records Tables Land use Titles Land Encroachment and Dispute Resolution 3 Foreword The compilation of a comprehensive Implementation and Monitoring framework (IMF) was a pre-requisite agreed upon with the World Bank, the funding agency of NEIAP. Accordingly following the agreements reached further during CPR mission (May-June 2001) and thereafter, the PMU, with assistance from the World Bank prepared this manual. This is aimed at creating a larger awareness about the current and potential social safeguards / risks and the mechanism to address them among the stakeholders in general and the field level project functionaries in particular. The manual among others comprises of an expanded Framework of Implementation and Monitoring (FIM) along with tools and mechanism developed to identify and monitor safeguard and risk issues and the mitigatory measures there of. Though the manual has been developed chiefly keeping NEIAP in mind, its scope, relevance and utility are rather general and will prove as a useful tool for all land based projects in the ensuing times. I therefore would like to thank the staff of the World Bank, particularly Mr.Nihal Fernando, Task Team Leader of NEIAP, World Bank, Colombo and Dr.Suryanarayanan Satish, Community Development Specialist, World Bank, India, for the invaluable advices and guidance given in designing and compiling the manual. My thanks are also due to Mr.P.Ramanathan, Project Director, of NEIAP for the initiative taken in directing his staff, specially Mr.H.K.S.Hettiarachchi, Planning Monitoring and Evaluation Specialist, who undertook the task from collection of information to final editing of the report, in which there were many other intermediatories whom had been contacted by him for necessary information. Among them were MR.G,Kirushnamurthy, Former Chief Secretary, North East Province, Mr.N.P.K.Nelumdeniya, Government Agent, Trincomalee, Mr.H.A.Ariyadasa, Government Agent, Moneragala, Mrs. Thanuja Murugashan, Provincial land Commissioner, North East Province, Mr.B.R.Senarathne, Assistant Commissioner (legal) Land Commissioner’s Department, Colombo, Mr.B.M.Ariyarathne, Assistant Commissioner lands, Kachcheri, Trincomalee, Mr.A,A,Bawa, Deputy Project Director, NEIAP, Kachcheri, Ampara, Mr.A.C.Vinotharajah, Deputy Project Director, NEIAP, Batticaloa, Mr.S.Samithambi, Assistant Commissioner, Agrarian Development, Batticaloa, Mr.V.Velumylum, Divisional Secretary, Town & Gravets, Trincomalee, Mr.Elamaldeniya, Agrarian Development Officer (Head Quarters) Dept. of Agrarian Development, Trincomalee, whose support had been extended to 1 Mr.Hettiarachchi was unforgettable. I thank them all for their valuable support to prepare this manual. S.Rangarajah – Chief Secretary, North East Provincial Council, Chairman – Project Steering Committee, NEIAP. 2 Chapter 1 INTRODUCTION Conflict torn Sri Lanka 1. For nearly two decades Sri Lanka in general, and its Northern and Eastern Provinces in particular have been suffering from a devastating conflict between the Armed forces of the Government and Liberation Tigers of Tamil Eelam (LTTE). The conflict induced war has taken an enormous toll on the country’s human and financial resources, physical assets and social capital. It has taken nearly about 64,000 lives, resulted in displacing over 1,000,000 people and deteriorating social and economic infrastructure, mainly in the Northern and Eastern provinces (hereafter called North-East in this document). The social and economic costs of the war as well as missed opportunities for the country and the affected people are enormous. 2. The war has divided the North and East region into two zones such as areas under the administrative control of the Government (called as “cleared” areas by the Armed forces) and areas not under the Government control but controlled by the LTTE (“uncleared” areas). These areas over the past have moved back and forth from Government control to LTTE control indicating intense continuous conflict situation. Impacts of the Conflict 3. The project complied District Social Baseline Profiles as a requirement for project Appraisal at the beginning of the project. These profiles reflect the situation that existed in 199-2001 and the impact of conflict on people and social and economic infrastructure. A summary of the profiles in Attachment 1 (In dynamic situation of the conflict area this is only a snap shot and base line profile). The war displaced a large number of people and enforced them involuantry to flee from their homes leaving behind their assets including lands and other private property. Many have been displaced multiple times. While a large number of families remain internally displaced (IDPs) within the country, some unconfirmed number of families have left the country and settled down overseas permanently and some families have fled to India and now live in and outside refugee camps in Tamil Nadu state. 4. Among the IDPs, majority have taken refuge with friends and relatives (for short periods), whereas the poor and more vulnerable families continued to reside in government-run welfare camps for relatively long periods of time. With the signing of the MoU and the expectations for peace, most of the displaced people are returning to their original settlements and many others expect to return as and when the situation would become more secure to re-establish their livelihoods. 5. Livelihood support systems have been seriously disturbed as a consequence of displacement. Irrigated agriculture used to be the backbone of the economy in the North- East with nearly two thirds of its pre-war population eking their livelihood from agricultural farming, livestock rearing and deep sea fishing. The agriculture and domestic water needs are typically supplied by about 2,400 minor irrigation reservoirs (locally 3 called irrigation tanks) and run-off-river structures (anicuts), about 135 major/medium tanks and large number of open dug wells scattered over the area. 6. However, the forced displacement of people from their settlements have left agricultural land without sufficient resources to maintain cultivation. This situation coupled with the weakened administrative system and agricultural and agrarian extension support services have left the irrigation facilities to damage and heavy dilapidation. Most of these irrigation schemes are either operating at much lower capacity or damaged to the extent that those cannot store water to allow irrigated farming on the agricultural lands at optimum levels. In addition, many rural roads that link villagers, and farming and fishing communities to irrigation schemes and nearby townships and market centers are heavily dilapidated. Large areas of productive farm lands and previously inhabited areas are reported to have been heavily mined. Government support to conflict-affected people 7. The Government of Sri Lanka was ever interested in re-integrating the affected people with social and economic mainstream. However, till recently, Government’s administrative delivery systems in the North-East were weak due to lack of man power and constraints on mobility due to security restrictions. Hence, the Government, with the help of UN agencies and international and national NGOs, arranged for relief and humanitarian assistance to
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