Centre on Housing Rights & Evic tions
Issue No.15 - November 2010
Sri Lanka Newsletter 2010
15
N°
Centre on Housing Rights & Evic tions
contentS
EDITORIAL
The contribution of sri lankan civil society to the review process P3 grassroots trainers conduct workshops throughout island P6 THE NEGOMBO GRASSROOTS PUBLIC SEMINAR P7 HOUSING RIGHTS FOR EVERYONE, EVERYWHERE P9 COHRE LAUNCHES NEW WEBSITE P11
In this 15th edition of the COHRE Sri Lanka Newsletter, we discuss the Report to the Committee on Economical, Social and Cultural Rights. This is followed by articles on COHRE Sri Lanka activities. This edition also presents some notices, including regarding the COHRE Sri Lanka comprehensive Resource Centre on Housing, Land and Property Rights and COHRE Sri Lanka’s legal services. We hope you find this Newsletter a useful guide to understanding the rights and problems faced in Sri Lanka and internationally with regard to the right to housing. We welcome any comments, submissions of case notes, articles and notices of relevant events on the right to housing in Sri Lanka. If you have any comments, require additional copies, or wish to subscribe to the mailing list for the quarterly Newsletter on housing, land and property rights in Sri Lanka, or for further information, please contact the COHRE office, located at 9/12, Cambridge Place, Colombo 7. Sri Lanka. Telephone/fax +94.11.4852105 or e-mail cohresrilanka@cohre.org. If you wish to share information in our Newsletter on any upcoming events concerning housing, land and property rights planned by your respective organisations, please feel free to contact us. COHRE Sri Lanka Team
Issue No.15 - November 2010
THE CONTRIBUTION OF SRI LANKAN CIVIL SOCIETY TO THE REVIEW PROCESS By the Centre on Housing Rights and Evictions (COHRE)
The Collective for Economic, Social and Cultural Rights in Sri Lanka, which is a network of 72 civil society organizations in Sri Lanka, has submitted a parallel report to the Committee on the progress of the implementation of the International Covenant on Economic, Social and Cultural Rights in Sri Lanka. Significantly, this was the first time a collective parallel report on ICESCR has been presented from Sri Lanka. Although these organizations have been actively involved in protecting economic, social and cultural rights of Sri Lankans for years, this collective effort has given them the opportunity to use the UN Human Rights framework to strengthen their struggles. The parallel report, which covers almost all the rights covered by the Covenant, has given prominence to issues such as
rights in post-war Sri Lanka (especially on IDP communities in the North and East), the right to adequate housing, education, food and health, the rights of plantation workers, the rights of workers, and women’s rights.
“ This is the first time a
collective parallel report has been presented from Sri Lanka.
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The Center on Housing Rights and Evictions (COHRE) is one of the active members of the collective and compiled the chapter on the Right to Adequate Housing. Developing a parallel report The collective of civil society members met initially on 8 July 2010 to discuss
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the details of submitting a shadow report to the UN Committee on Economic, Social and Cultural Rights. As it was the first instance that such an initiative was being taken by the collective, a resource person from the Programme on Women’s Economic, Social and Cultural Rights (PWESCR) visited from India to conduct a two-day workshop on the process involved in preparing and submitting a shadow report. The collective met on 20 and 21 July at the Community Education Center in Malabe. Through this exercise, the collective hoped to achieve a number of objectives that were clearly defined at the start of the workshop. It was
The workshop was successful “ in formulating a common action plan amongst all civil society organizations.
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important that all the members in the collective fully understood and agreed on the purpose they hoped to achieve by submitting this report to the UN Committee. As it was also a new venture for most of the members, they were also to be briefed on the process, on how it would be reviewed by the panel, and the follow-up action that needs to take place in order to achieve the full potential of this report. The resource person from PWESCR, Ms. Priti Darooka, was able to draw from previous experiences in India, where a similar initiative had taken place, and also share some positive results the project had managed to achieve. She mentioned that members should be
mindful that this one initiative was not going to solve all of the concerns they put forth in the report, but that this was rather an additional step towards achieving the outcome they desired. The workshop was successful in formulating a common action plan amongst all civil society organizations that had volunteered to compile the report, and in allocating specific topics and tasks according to the specialization and expertise of each of the organisations. The members of the collective were also given a review of the Principles of Human Rights and the relevant international conventions, as well as an understanding of the differentiation between civil and political rights and economic, social and cultural rights. Through this, they were able to refresh their knowledge and understanding on the subject of human rights and be reminded of the relevant issues they would be highlighting in the report to the Committee on Economic, Social and Cultural Rights. The report that was submitted by the Government to the Committee was also reviewed, and the points to be raised in response were identified. This entire exercise was successful in giving the participants a thorough understanding of the framework of issues that should be highlighted in the report, and ways to be most effective when submitting the report to the Committee. The workshop concluded with the members accepting the topics they would be responsible for, individually or jointly, and agreeing to meet once again on 9 August 2010 to share the drafts of the individual reports.
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At the meeting held on 9 August 2010, each member representing the organisations that took the lead on the respective reports shared a draft of the report and gave a brief presentation on the issues that were highlighted therein. All other members in the collective were able to give their feedback and suggest other relevant issues, suggestions and recommendations that they wished to also be included in the report. The respective organisations agreed to incorporate the relevant changes and share the final drafts by 20 August 2010. From then on, the members who had taken the responsibility for compiling the individual reports and cross-referencing the data were to commence their work and present a pre-final draft of the document on 3 September 2010 at a National Consultation. The National Consultation took place at the Nagarodaya Auditorium in Colombo, and was well attended, with over 40 civil society organisations present to endorse the document and provide their feedback and recommendations. At the consultation, the pre-final draft was presented to all the attendees and
the key issues presented in each of the reports were highlighted and discussed. The changes and additions to be made were noted and incorporated to the final draft, which was circulated to the entire collective on 13 September 2010 with the endorsement of 72 civil society organisations. NEXT STEPS A small group of representatives plan to travel to Geneva to attend the session held with the Government of Sri Lanka. This is due to take place during the week starting the 8 November. It is hoped that the parallel report and the briefings given by civil society will enable the Committee to develop a fuller picture of the situation in Sri Lanka. The next issue of the newsletter will contain an update on the outcome of the session in Geneva, along with details of the responses by the Government to issues raised. It is hoped that this process will contribute to the continued progressive realization of economic, social and cultural rights in Sri Lanka.
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Issue No.15 - November 2010
GRASSROOTS TRAINERS CONDUCT WORKSHOPS THROUGHOUT ISLAND By the Centre on Housing Rights and Evictions (COHRE)
The Legal Services and Capacity Building Programme of the Centre on Housing Rights and Evictions (COHRE) has so far conducted five workshops in 2010 targeting communities displaced by the war and tsunami in the East and South.
A further two workshops for the tsunami and war affected are due to be held in November in Hambatota and Trincomalee. COHRE will also be conducting a training programme for Grama Niladharis on state lands, land development and title registration in Ambalantota.
Workshops include those held in Matara, Addalachchena, Galle and two workshops at Batticaloa. The training sessions were conducted by the trainers of partner organisations who have participated in a COHRE Training of Trainers (TOT) Programme. The objectives of the workshops were to create awareness on the law, human rights, fundamental rights, and housing, property and land rights and to make the people aware of the actions to be taken in the event their rights are being violated. CENTRE ON HOUSING RIGHTS AND EVICTIONS P.6
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THE NEGOMBO GRASSROOTS PUBLIC SEMINAR By the Centre on Housing Rights and Evictions (COHRE)
On 2 October 2010, the Centre on Housing Rights and Evictions (COHRE) held a grassroots public seminar at Palangathurai, Negombo on human rights, with a special reference to housing, land and property rights issues, including the prohibition on forced eviction. There were over 135 participants, included religious leaders, representatives of Tsunami victims, social leaders, social workers, local NGOs, the general public and COHRE staff. Attorney Gagath Liyanaarchi delivered a speech on economic, social and cultural rights with regard to Sri Lankan laws, policies and practices. His speech was specifically based on the right to
housing in the Sri Lankan law, from a human rights perspective. COHRE’s Legal Officer delivered a speech on the right to housing, including forced evictions. He also discussed the law of property in Sri Lanka and legal remedies that exist under the legal system of Sri Lanka. Participants received training on domestic housing rights legislation and critically evaluating that legislation through the lens of Sri Lanka’s international human rights obligations. The grassroots public seminar resulted in a better understanding of international human rights standards, including how such rights can be promoted and
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protected using a human rights-based approach. The ensuing discussion was wellreceived and participants played an interactive and participatory role. Participants engaged in several indepth practical discussions about how to best promote and protect housing rights in the Sri Lankan context as well as the legal mechanisms available under international law. The public seminar provided the opportunity for those people who would normally not be in a position to meet face-to-face to be able to discuss
housing issues together. Through this seminar, rural area communities became aware of their housing, land and property rights (HLP) and are betterequipped to ensure their protection in the future. They also became aware of how to take action when HLP rights have been violated and the various mechanisms and remedies available to them and how they are accessed. As a result of the seminar, rural area communities became aware of the ways in which COHRE takes positive measures and actions to ensure economical social and cultural rights both in Sri Lanka and around the world.
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HOUSING RIGHTS FOR EVERYONE, EVERYWHERE Respect them! Ask for them! Fight for them!
COHRE is an international non-governmental organization concerned with promoting and protecting human rights with a special focus on housing, land and property rights, through the provision of a range of legal advice, research and training. COHRE’s office in Colombo, through an experienced team of lawyers, provides assistance to people whose human rights have been violated, through judicial or quasi-judicial means. The Centre specifically provides assistance against the following violations. • • •
violation of the right to adequate housing; violation of rights by forced evictions; violation of rights by preventing the
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return of Internally displaced persons; violation of rights by preventing the resettlement of internally displaced persons or their right to alternate land and housing; violation of rights by preventing the restitution of internally displaced persons; violation of any other economic, social or cultural rights.
COHRE’s doors are open to any person in need of legal assistance who is unable to get assistance by any other means and has been displaced or who is in any danger due to the violation of their economic or social rights. Through legal advice, the Centre provides the following services: • legal representation at a national CENTRE ON HOUSING RIGHTS AND EVICTIONS P.9
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• • • • • • • • •
level; legal representation at an international level; intervention as amicus curiae on a national or international level; advice on international human rights law; advice relating to law, jurisprudence and examples of comparative laws; advice relating to various legal strategies; advice on national complex legal issues advice on enforcement of human rights on a national and international level advice on law reforms at a national level conducting of training programs on housing, land and property rights approach.
The Resource Centre at COHRE Sri Lanka
Please visit us at: Centre on Housing Rights and Evictions 9/12, Cambridge Place, Colombo 7, Sri Lanka Email: cohresrilanka@cohre.org Tel: +94 11 2699 559
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Issue No.15 - November 2010
COHRE LAUNCHES NEW WEBSITE Improved usability and navigation for greater access
On 20 October 2010, COHRE announced the launch of its new website, at www.cohre.org.
and conceptual design agency Åtta.
The new site replaces COHRE’s previous website, and provides improved usability and navigation, along with latest news and information regarding developments in the international housing rights arena and updates from COHRE’s regional offices promoting housing rights in Asia, Africa and Latin America.
The new COHRE website covers many sectors and regions across the housing rights discipline, and describes the work of the organisation in its focus countries and eight topic areas - now arranged into sector-specific pages - including forced evictions, security of tenure, access to land, water and sanitation, women and housing rights, litigation, restitution and return, and mega events.
The website has been re-designed and re-branded in collaboration with the Geneva-based organisational branding
It also provides extensive links to related reports on these topics and other organisations working on housing rights CENTRE ON HOUSING RIGHTS AND EVICTIONS P.11
Issue No.15 - November 2010
around the world and a gallery of images with photos depicting housing rights concerns globally. You are welcome to use the COHRE copyrighted images in our gallery, with a credit to COHRE and link to our website. In addition to being an enhanced user experience for viewers, we hope that our new website will be an exciting new platform and vehicle for our partners to promote and disseminate their important work in support of housing rights. We are therefore inviting our partner organisations in the housing rights community to submit contributions – whether they are feature stories, press releases or photos – for publication on the new COHRE website. If you submit an image that you would
like to see displayed on our website, we encourage you to provide us with relevant information so that we can credit you or your organisation for the image. Please note that photos must be at least 700x445 pixels in size. We want our new website to be everything you want it to be and a real contribution to the housing rights community, so we welcome any thoughts or ideas you might have. Please email any contributions you would like to see highlighted on COHRE’s new website to media@cohre. org, or use the “Media Center Contact” button in the News section of our website.
Photos Cover / Post-tsunami housing in Sri Lanka © COHRE. P 3 / Many Sri Lankans live in makeshift shelters due to loss of land © COHRE. P 6 / Trainings in Praja Abhilasha, Sri Lanka © COHRE. P 7 / Negombo grassroots training session, Sri Lanka © COHRE. P 9 / Street theatre of post-tsunami survivors, 2010 © COHRE. P 10 / The Resource Centre at COHRE Sri Lanka’s office © COHRE. P 11 / COHRE’s new website © COHRE.
COHRE 83, rue de Montbrillant 1202 Geneva Switzerland cohre@cohre.org www.cohre.org
COHRE extends its sincere thanks to all those who assisted in the production of this newsletter, especially those who helped with their articles and analysis. Without this valuable material, the newsletter could not exist.
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