26 Feb 2013 - LLRC NAP Monitoring Report

Contents Ministry of Defence & Urban Development .............................................................................................................................................................................................. 1 Ministry of Justice ...................................................................................................................................................................................................................................... 9 Attorney General’s Department .............................................................................................................................................................................................................. 13 Ministry of Lands & Land Development ................................................................................................................................................................................................... 18 Ministry of Finance & Planning ................................................................................................................................................................................................................ 23 Ministry of External Affairs ...................................................................................................................................................................................................................... 26 Ministry of Public Administration & Home Affairs................................................................................................................................................................................... 27 Ministry of Rehabilitation & Prison Reforms ........................................................................................................................................................................................... 30 Ministry of Resettlement ......................................................................................................................................................................................................................... 32 Ministry of National Languages & Social Integration ............................................................................................................................................................................... 34 Ministry of Education ............................................................................................................................................................................................................................... 39 Ministry of Higher Education ................................................................................................................................................................................................................... 40 Ministry of Health .................................................................................................................................................................................................................................... 41 Ministry of Plantation Industries.............................................................................................................................................................................................................. 41 Ministry of Child Development & Women’s Affairs ................................................................................................................................................................................. 42 Ministry of Telecommunication & Information Technology.................................................................................................................................................................... 44 Ministry of Culture & The Arts ................................................................................................................................................................................................................. 45 Ministry of Mass Media & Information.................................................................................................................................................................................................... 46 Ministry of Religious Affairs ..................................................................................................................................................................................................................... 47 Ministry of Sports ..................................................................................................................................................................................................................................... 47 Presidential Task Force for Resettlement, Development & Security in the Northern Province .............................................................................................................. 48 Presidential Secretariat ............................................................................................................................................................................................................................ 49

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

1

Ministry of Defence & Urban Development Recommendation

Activity

Partner Agencies

KPI

Time frame

Progress



The Ministry has established a Steering Committee of eight members to streamline and coordinate the implementation of LLRC recommendations carried out by the Armed Forces and the Police. The Committee is authorized to summon any member of the Armed Forces and the Police or any other relevant agency to discuss any specific issue and furnish any information that may be required with regard to any matter that comes under the purview of the Ministry Steering Committee.

The mandate of the Steering Committee is: a. to formulate the Ministry Action Plan in line with the National Action Plan. b. to ascertain whether the Armed Forces and Police have already taken action to implement the relevant recommendations made by the LLRC that are applicable to them and if not, to inform them through Office of the Chief of Defence Staff, Ministry of Defence to initiate action immediately. c. to maintain a ‘Status Board’ with regard to ministerial plan aforesaid covering recommendations that are relevant to the Armed Forces and the Police. d. to regularly monitor the Status Board aforesaid and to brief the Secretary, Defence monthly on the progress made. e. to attend various meetings concerning the National Action Plan and in this regard, the Chairman shall represent the Steering Committee and he may be assisted by any or all members of the Committee. f. to implement any other task that may be incidental or necessary to give effect to the mandate aforesaid.  Taking cognizance of the recommendations by the LLRC, the Commander of the Army appointed a Board of Officers to study these and identify areas that are relevant to the Army in order to formulate a viable Action Plan that will address the specific areas so identified. On January 24, 2013, the Commander of the Army handed over the report of the Board of Officers to Secretary, Defence. The Board at the very outset observes that most of the recommendations made by the LLRC which are connected to the Sri Lanka Army such as re-settlement of IDPs, rehabilitation of ex LTTE cadres, disarming of militant groups, de-mining etc have already been implemented. The Board delivered a wide range of recommendations including, inter alia, review of military doctrines/ re-evaluation of military disciplines, method and tactics to eliminate/minimize collateral damage during operations, formulation of joint operation military doctrines, incorporation of new tactical methodologies and the utilization of high tech equipment, enhanced application of the Tri-lingual policy in the defence sector, reassessment of the use of lands that are vitally rationed for security purposes and to formulate policies with regard to same.

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

 A Court of Inquiry (CoI) was established in January 2012 by the Commander of the Sri Lanka Army to inquire into observations made by the LLRC on alleged civilian casualties during the final phase of the Humanitarian Operation and probe as regards Channel-4 video footage irrespective of its authenticity or otherwise. The five-member CoI is headed by a Major General.  The first part of the CoI (alleged civilian casualties during the final phase of the Humanitarian Operation) has been concluded and the report was handed over to the Commander of the Army on February 15, 2013. The CoI will now proceed to investigate the 2nd part of their mandate to examine the

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

2.

3.

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.

Activity

Partner Agencies

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

KPI

Time frame

o Disciplinary inquiries concluded

12 months

 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

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

6 months

 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

o Police Department

 Impediment s identified and remedial action taken

6 months

 Programmes to strengthen skills integrated into Police

12 months

2

Progress Channel 4 allegations.  Please refer to Recommendations 9.9 and 9.37a under Attorney General’s Department  Allegations of disappearances are probed by the CID

 The Court of Inquiry aforesaid has been tasked to investigate

this matter.

Human Rights 4.

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.

o CBO’s o Legal Aid Commission

 2729 complaints regarding disappearance of persons have been reported to Terrorist Investigation Division (TID).  Inquiries into 1616 complaints have been completed.  Inquiries into 1113 complaints are to be completed.  The Attorney General will examine material submitted by police gathered during their investigations relating to involuntary disappearances, within the existing legal framework. A representative will be nominated to attend any discussions relating to changes to the existing legal provisions upon a request by the Law Commission.  There are 422 Community Policing Units set up islandwide in

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

Activity locality in cooperation with the local community and establish community policing.

Partner Agencies

KPI training modules

Time frame

3

Progress

every main Police Station. These units are supervised by the Community Policing Division in Colombo headed by a Superintendent of Police.  Training of Police Officers on Community Policing is carried out continuously.  A training programme on Community Policing sponsored by the Scottish Government is also underway.  Please refer to Recommendation 9.48 under M/Justice  Please refer to Recommendation 9.51 under Attorney General’s Department 3 months  Please refer to Recommendation 9.51 under M/Justice.  Please refer to Recommendation 9.51 under Attorney General’s Department  Action will be taken under M/Defence to create awareness through special TV programmes.

9.51 Appoint a Special o Police  Invoke the present  The Commissioner of Department procedures as launching of Investigation to investigate o Attorney available in the Code appropriate alleged disappearances and General’s of Criminal Procedures mechanisms provide material to the Department with priority given to to inform Attorney General to initiate o Ministry of such complaints. the public of criminal proceedings as Justice the present  Sensitize the public appropriate. Provide the facilities via with regard to Office of the Commissioner the media availability of the with experienced various mechanisms investigators to collect and through the GIC process information.

(1919).

Part of Rec. 9.51 listed under this Ministry in the original report is transferred to M/Finance & Planning as it is not an activity of this Ministry.

Rec. 9.59 listed under this Ministry in the original report is transferred to M/Justice as it is not an activity of this Ministry. o NHRC  Implement activities  Implementat Governe  Army has a dedicated directorate of Human Rights and IHL 6. 9.60 - Provide comprehensive, island-wide o Armed d by the identified in the ion of under a Brigadier. This directorate was set up to disseminate HR human rights education Forces time NHRAP NHRAP law/ IHL to all ranks. The trainers have been trained by ICRC, programmes targeting the o Police frame as monitored HRC and Colombo University HR Centre. Under these trainers, a school children, youth, Department per the compressive training programme is conducted for all ranks to members of the Security NHRAP educate them on HR Law/IHL. During 2012, 1,118 programmes Forces, and the Police etc.

5.

were completed.

 From 2008 to date, 33 Training Courses on Human Rights for

7.

9.63 Create a centralized comprehensive database

 The present database to be enhanced with

 Enhanced database

Police Officers have been conducted. 3126 Police Officers have been trained on Human Rights. This training programme is being continued.

6 months  A centralized, comprehensive database of detainees has been established at the Terrorist Investigation Division (TID) of the

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation 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

8.

3 1. Publish a list of names of those in detention.

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.

3. Look into the general issue of law’s delays to

Activity

Partner Agencies

KPI

Time frame

easy access to information being available to NOK

4

Progress Police. There are also units in Colombo, Vavuniya and Boosa where details of detainees and those who are released from detention can be obtained by the Next of Kin (NoK).  This information is only provided to NoK as detainees have requested that such information not be released publicly due to privacy concerns. Thus far, 3,073 NoKs have accessed the above units and sought assistance.  Details of persons arrested by the TID since 19.05.2009  Number of persons arrested – 2680  Number of inquiries completed - 156 o Number convicted – 46 o Number discharged – 21 o Pending cases – 89  Number of persons sent to rehabilitation centres after arrest – 1766  Number of persons sent to prison after filing cases on completion of inquiries – 128  Number of persons released from custody – 416  Number of persons currently in custody – 214 ** (This has reduced to 200 as at 11.01.2013)

 Continue current practice of informing next of kin regarding location of detainee.

(NB: NHRC is also informed).

o Police Department

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

o Attorney General’s Department

 Formulate a programme to divert

o Attorney General’s

 Availability of a comprehensiv e list of names and relevant data to the NOK.  Report published

Ongoing

 Information is only provided to NoK as detainees have requested that such information not be released publicly due to privacy concerns.

End 2012

End 2012

 Please refer to Recommendation 9.48 under M/Justice.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation expedite prosecution or discharge detainees.

Activity

Partner Agencies

KPI

Time frame

5

Progress

suspects from the Department criminal process to o Police voluntary Department rehabilitation in o Ministry of appropriate cases; Justice  Enable indictments to be filed in an additional number of courts to ease the backlog.  During the time of the  The effective 9. 9.73 - Conduct proper  In the immediate aftermath of the war, action was taken by the investigations in respect to conflict, illegal armed maintenance Government to disarm all persons in the North & East. allegations against the groups were known to of law and Previously, certain political groups which had been regularly illegal armed groups. operate in the theatre order targeted by LTTE terrorists were given arms for their personal Institute criminal of conflict. Steps have protection. However, at present all such arms have been proceedings against been taken to withdrawn and only the armed forces and the police are offenders completely eliminate allowed to carry arms not only in the North & East, but in all this activity. These parts in the island. measures will be continued to be implemented to ensure that these groups do not reemerge. o Police Ongoing  Examine crime  Effective 10. 3. Introduce specific  Completed as 9.73 above. measures to ensure the Department statistics and trends to Vigilance maintenance of law and identify critical issues; o Police  Decrease in order, particularly the Department incidents of  Take necessary disarming of any illegal measures to improve crime armed groups law enforcement.

Rec. 9.108 listed under this Ministry in the original report is transferred to M/External Affairs and M/Resettlement, as it is not an activity of this Ministry. o Police 12  Complete  Investigation 11. 9.115a-c Take all steps to  Please refer to Recommendation 9.115a-c under M/Mass Media prevent harassment and Department months investigations into s completed. & Information attacks on media personnel current cases and institutions.

Give priority to the investigation, prosecution and disposal of such cases.

Properly investigate past

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation incidents of such illegal action.

12. 9.115d - Ensure the freedom of movement of media personnel in the North and East

13. 9.119 - Allow visitors from overseas to visit their friends and relatives in recently resettled areas without any undue restrictions

14. 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

Activity

 Identify impediments to free movement, if any, of media personnel in the North and East  Take appropriate action to remove impediments, if any  Identify whether there are undue restrictions to visits and remove such restrictions, if any.

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

Partner Agencies

KPI

Time frame

o Police Department o Ministry of Mass Media and Information

 All impediment s, if any, removed

6 months

o Police Department o Respective GA’s

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

6 months

o Police  Recommenda Department tions o Attorney implemented.

General’s Department

6

Progress

 Completed. There are no restrictions on any person, including

foreigners, travelling to North & East.

Ongoing

 Completed as 9.115d above. Foreign passport holders, including persons of Tamil origin, travel to North & East regularly for various matters and do not require permission from M/Defence.  There are no restrictions on travel and civilians enjoy complete freedom of movement. Numbers of security barricades, roadblocks and checkpoints in the North and East have been reduced significantly. From August 2010 to August 2012, more than 77,000 foreign passport holders have visited Sri Lanka and travelled to the North.  Criminal Investigation Department conducted investigations into the case of killing of 05 students in Trincomalee in 2006.

Outcome of the inquiries have been forwarded to AG on 13.03.2006 under reference number CR1/59/2006. On the advice of the AG, CID is conducting further investigations along with a special team of senior prosecutors specially assigned for the purpose of examining documents and other forensic material that may become useful to conclude the investigations.  CID has conducted investigations into the killing of 17 NonGovernmental Organization workers on 04.08.2006 in Muttur.

Outcome of the inquiry has been forwarded to AG on 18.04.2007 under reference number CR1/185/2007. CID is continuing investigations along with a special team of senior prosecutors specially assigned for the purpose of examining documents and other forensic material that may become useful to conclude the investigations.  Please refer to Recommendation 9.120 under Attorney General’s Department

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

Partner Agencies

Activity

KPI

Time frame

7

Progress

Land Return and Resettlement 15. 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 relocate or to pay compensation acting under applicable Statutes (Land Acquisition Act).

o

Ministry of Lands

 Lands released  Re-location completed  Compensati on paid

 Ongoing 6 months  3 years

 Since the end of the conflict, all HSZs have been dismantled and troops have been re-located to military cantonments and bases.

Locations for such cantonments have been selected in such a manner so as to cause minimum inconvenience to the public.

The Palaly Cantonment is now the only area in which some security restrictions remain, but even within the Cantonment, civilians have unrestricted access to Palaly airport and KKS harbour.  The former HSZ in the Eastern Province located in the Sampoor area since 2007 has been reduced significantly and declared a Development Zone under the Board of Investment.  Security situation is re-evaluated periodically. Based on such assessment, more lands will be released to the public. 90% of the land presently used by the military belongs to the State.

Details of HSZ dismantled  Previous HSZ area - 4098.36 ha  Area Released - 1515.9 ha  Present Cantonments/ Bases - 2582.45 ha Details of land blocks released  Jaffna - 238 ha (35 ha yet to be released)  Wanni - 27ha (25 ha yet to be released)  East - 39 ha (36 ha yet to be released)  Kilinochchi - 13 ha (08 ha yet to be released)  Mullaitivu - 07 ha  Government has taken measures to pay compensation to owners of properties within such areas or provide them with alternative land.

 A marked reduction or withdrawal of security force personnel

6 months

 Completed.  Civilian administration is fully functional with government officials at the district, divisional and grassroots levels appointed and discharging their functions.

Reconciliation 16. 9.171, 9.227 - Phase out the  Formulate Plan for involvement of the Security Forces in civilian activities and use of private lands by the Security Forces with reasonable time lines being

further reducing involvement of Security Forces in civilian work.

(95% already withdrawn from civilian

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation given

17. 5. Encourage free movement of persons on A9 to ensure greater participation in the economic, social and cultural activities.

18. 9.204 - Take immediate action to disarm persons in possession of unauthorized weapons and prosecute such offenders

19. 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) 20. 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

Activity

Partner Agencies

duties) having regard to the experiences of the reconciliation programmes  Identify and remove unnecessary obstacles that impede free movement on the A9, if any.

KPI

Time frame

8

Progress

for civil activities

 Unnecessary impediment s, if any, removed

2 months

6 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.

o Police Department

 A complete disarming of persons in possession of unauthorize d weapons.

 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 o Ministry of Justice

 An increased rate of successful prosecutions .

 Review the provisions o Presidential o Report Secretariat submitted of existing Institutions by major to identify additional o Attorney stakeholders and more effective General’s to the measures that need to Department Cabinet of be taken to strengthen ministers citizen’s rights.

 Completed.  No restriction whatsoever to move along A -9 road.

 Completed.  In the immediate aftermath of the war, action was taken by the Government to disarm all persons in the North & East.

Previously, certain political groups which had been regularly targeted by LTTE terrorists were given arms for their personal protection. However, at present all such arms have been withdrawn and only the armed forces and the police are allowed to carry arms not only in the North & East, but in all parts in the Island.

6 months  Investigations pending in remaining 181 cases will be completed early and the remaining suspects will be required to participate in specially designed rehabilitation programmes.

6 months

 Action will be taken by the Inspector General of Police to create public awareness on citizens’ rights and how to seek redress for grievances.  Please refer to Recommendations 9.218, 9.219 under M/Justice

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation 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 or administrative act, particularly those base on ethnicity or religion, should have the right to seek redress before the independent institution 21. 9.270 - In consultation with inter-faith groups, facilitate the establishment of a mechanism that serves as an early warning and early diffusing system to ensure that communal or religious tension or friction does not lead to conflict

Activity

Partner Agencies

KPI

Time frame

9

Progress

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

o Department  Continue of Police implementation of the Civil Defence Committee programme of the Police and Community Policing programme.  Implement capacity building programmes for the Police officers in the CDC’s

o Implementat ion of such programmes and wide publicity of such programmes

6 months

 120 Senior Police Officers are trained on the tasks of the Civil

Defence Committees.

Ministry of Justice Recommendation

Activity

Partner Agencies

KPI

Time frame

 Offenders prosecuted

24 months

 Cases filed in Court

24 months

Progress

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

 Upon conclusion of disciplinary process being conducted in terms of Armed Forces statutes, take follow up action to prosecute, where

o AttorneyGeneral’s Department

 Discussions have been held with officers of the AG’s Department. As soon as the Police conclude investigations, the AG’s Department will take action, where appropriate, to initiate prosecution of offenders.  Please refer to Recommendations 9.9 and 9.37a under Attorney General’s Department

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation wrongful conduct, prosecute and punish the wrongdoers.

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.

Activity relevant.  Use the existing system as provided for in the Criminal Procedure Code to originate a complaint 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.

Partner Agencies

o AttorneyGeneral’s Department

KPI

Time frame

 Offenders prosecuted

24 months

10

Progress

 Same as 9.9, 9.37a above.  Please refer to Recommendation 9.23 under M/Defence &

Urban Development  Cases filed in Court

24 months

 Access to justice programmes identified and implemente d by establishing community policing units

12 months

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 o CBOs o Police Department

 There are more than 70 Legal Aid Centres functioning

islandwide which are implementing Access to Justice programmes. The Police Department has already introduced a Community Policing System in most Police areas within the country.  Please refer to Recommendation 9.48 under M/ Defence & Urban Development.  Please refer to Recommendation 9.51 under Attorney General’s Department.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

4.

5.

6.

7.

Partner Agencies

KPI

Time frame

11

Recommendation

Activity

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.

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 (This Rec. which was listed under M/Public Administration in the original report is transferred to this section) 9.59 Frame domestic legislation to specifically criminalize enforced or involuntary disappearances

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

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

 Steps are being taken to appoint a Special Commissioner of Investigation and to set up an office.  Following above, Government Information Centre (GIC) will be instructed to give publicity on the mandate of the Special Commissioner of Investigation. The collation and perusing of study reports already made on this subject are also being considered. Budgetary allocation has also been requested for the setting up of the office.  Please refer to Recommendation 9.51 under Attorney General’s Department

 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

 Legislation is being drafted. If reforms are deemed necessary in the existing legislation, amendments will be introduced.  Please refer to Recommendation 9.59 under Attorney General’s Department

 Formulate a programme to divert

o Attorney General’s

3 3. Look into the general issue of law’s delays to

End 2012

Progress

 There are reports available from a number of committees appointed in the recent past to look into the issues of law’s delays. Ministry has initiated a study to identify

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation expedite prosecution or discharge detainees.

Activity 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.

Partner Agencies

KPI

Time frame

Department o Police Department

12

Progress recommendations in such reports. Ministry has also taken steps to propose legislation to address some of the recommendations including amendment to the Civil Procedure Code to introduce Pre-Trial Procedure. It is also proposed to introduce Children (Judicial) Protection Bill, Amendments to Prescription Ordinance, Amendments to the Criminal Procedure Code and Protection of Victims and Witness Bill.  A Cabinet Memorandum for the “Assistance and Protection of Victims of Crime and Witnesses Bill” submitted by the Hon. Minister of Justice, has been considered by the Cabinet of Ministers, and it was decided to obtain the views of the Attorney General on this matter.

Reconciliation 8.

9.

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) 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

 Conduct investigations o Police Department speedily and ensure o Attorney that the Rule of Law General’s prevails having due Department regard to the Constitution.

Guarantee of the equal protection of the law

An increased rate of successful prosecutions.

6 months

 Review the provisions o Presidential Secretariat of existing Institutions to identify additional o Ministry of and more effective Defence measures that need to be taken to strengthen o Attorney citizens’ rights.

General’s Department  Introduce measures/ mechanisms/ amendment to laws to

o Report submitted by major stakeholder s to the Cabinet of ministers

6 months

 Progress as under Recommendations 9.9, 9.37a above.  Please refer to Recommendation 9.213 under M/Defence &

Urban Development

 Discussions being held with a view to preparing a report on this

matter to be submitted to the Cabinet of Ministers.  M/Justice will be considering recommendations to enhance the presence of HRC offices in Kilinochchi, Mullaitivu and Mannar districts to facilitate the public. In addition, Legal Aid offices will be initiated in Jaffna and Kilinochchi.  Action will be taken by IGP to create public awareness on citizen’s rights and how to seek redress for grievances.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation 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 10. 9.283 - Enact and strictly enforce deterrent laws to deal with ‘hate speech’ relating to ethnicity, religion, and literature

Activity

Partner Agencies

KPI

Time frame

13

Progress

strengthen citizens’ grievance mechanisms

 Examine the adequacy of penal legislation to deal with hate speech.  Introduce law reform if necessary.

 Submission of draft legislation to Parliament.

1 year

 A Committee has been appointed to make a Needs Assessment

and make recommendations to Penal Code if necessary. This study is in progress.

Attorney General’s Department Recommendation

Activity

Partner Agencies

KPI

Time frame

 Offenders prosecuted

24 months

Progress

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 and give such

 Cases filed in Court

24 months

 AG is not empowered to engage in investigations directly.

Necessary steps will be taken to institute and conduct criminal prosecutions after receiving evidence gathered by the police or any other investigative body.  AG will take necessary steps to appoint a team of officers to assist any Commission or other investigative body appointed to inquire into any complaints of disappearances or any other violations.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

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.

Activity

Partner Agencies

mechanism sufficient publicity.  Upon conclusion of o Ministry of Justice 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.

KPI

Time frame

 Offenders prosecuted

24 months

 Cases filed in Court

14

Progress

 As 9.9, 9.37 above  Please refer to Recommendation 9.23 under M/Defence & Urban Development

24 months

Human Rights 3.

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.

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

o Police  Invoke the present Department procedures as o Ministry of available in the Code Justice of Criminal Procedures with priority given to such complaints.

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

3 months

 AG will examine material submitted by police gathered during their investigations relating to involuntary disappearances, within the existing legal framework. A representative will be nominated to attend any discussions relating to changes to the existing legal provisions upon a request by the Law Commission.  As 9.9, 9.37 above  Please refer to Recommendation 9.51 under M/Justice

 Identify and establish procedures in the existing system to address the issue  Complete decision making regarding detainees through a

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

24 months

 A team of Attorneys-at-Law under the direct supervision and guidance of an Additional Solicitor General and a Deputy Solicitor General are reviewing material relating to detainees. They recommend charges, discharge or any other course of action ie: rehabilitation having considered evidence available against each detainee.  Between 2009 and 2013, a total of 977 files relating to detainees

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

Activity

action in regard to disposal of each case.

5.

6.

7.

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



9.59 Frame domestic legislation to specifically criminalize enforced or disappearances







Partner Agencies

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 o Ministry of Justice legislation o Police Formulate and Department 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.

KPI

Time frame

 Examine and report o Police Department on the practical application of such a procedure and its feasibility.  Formulate a programme to divert suspects from the criminal process to

Progress had been opened and as at present there are only 160 matters to be concluded. The same Additional Solicitor-General functions as the focal point relating to detainees.

 Unit established

24 months

 An Additional Solicitor General reviewing material relating to

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

24 months

 AG’s representative will be nominated to attend any discussion

 Report published

End 2012

3 2. 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.

15

detainees functions as the focal point.

relating to changes to the existing legal provisions upon a request by the Law Commission.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

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

2.

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

Activity

Partner Agencies

voluntary rehabilitation in appropriate cases;  Enable indictments to o Ministry of Justice be filed in an o Police additional number of Department courts to ease the backlog. o Police  Examine Department recommendations of Committees  Ensure follow up on recommendations are implemented

KPI

Time frame

16

Progress

End 2012

 Recommen dations implemente d.

Ongoing

Muttur Incident  A team of Senior State Counsels is reviewing all material relating to this incident. Material gathered by the Presidential Commission of Inquiry appointed to Investigate and Inquire into Alleged Serious Violations of Human Rights (Udalagama Commission) has been examined and inquiry proceedings, investigation material, and the Final Report of this Commission were also reviewed. Consultations were made with Forensic Experts regarding Postmortem Examination reports, photographs of the crime scene and ballistic reports.  More than 115 files are yet to be examined and analysed.  CID has been instructed to prepare a comprehensive list of witnesses. The team of officers mentioned above is working under the supervision of two Additional Solicitors-General.

Five students in Trincomalee in 2006  Material relating to this incident, including material produced before the Udalagama Commission and the LLRC is being reviewed to determine on instructions for further investigations.  To date, statements of relatives of the deceased persons, police officers who visited the crime scene and an injured person who survived the attack have been reviewed. This review is under the supervision of two Additional Solicitors General who are also supervising the review on the incident relating to Mutur Killings.  The Inspector General of Police has already appointed a team of Police Officers led by an Assistant Superintendent of Police to conduct further investigations.

Reconciliation

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

3.

4.

5.

Partner Agencies

Recommendation

Activity

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.

o Police Department

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) 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

 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 Ministry of Justice

o Police Department

 Review the provisions o Presidential Secretariat of existing Institutions to o Ministry of identify additional Defence and more effective measures that need o Ministry of to be taken to

KPI  Enhanced capacity of AG’s Department units  Improveme nt in the quality of investigation s  Greater success in prosecution and a general improvemen t in the Criminal Justice System  An increased rate of successful prosecutions .

o Report submitted by major stakeholder s to the Cabinet of ministers

Time frame 12 months

17

Progress  Supervision of the Department’s Criminal Division was restructured in January 2011. Accordingly, a Senior Officer of the Criminal Division i.e. a Deputy Solicitor-General or an Additional Solicitor-General is appointed to each Province to supervise all investigations and prosecutions conducted in the Province under his supervision. A Senior State Counsel is appointed to each High Court Division within a Province to directly liaise and supervise investigations and prosecutions conducted within the relevant High Court Division. Steps are underway to establish a branch office in each province.  In January 2013, with the assistance of UNDP, Government of UK and the Ministry of National Languages and Social Integration, a special in-house training programme was launched to enhance the skills of Prosecutors in the Criminal Division.

6 months

 Please refer to Recommendation 9.213 under M/Defence & Urban Development

6 months

 Please refer to Recommendation 9.218, 219 under M/Justice

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation 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

Partner Agencies

Activity strengthen citizens rights.

KPI

Time frame

18

Progress

Justice

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

Ministry of Lands & Land Development Recommendation

Activity

Partner Agencies

KPI

Time frame

Progress

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

o Land Commissioner General’s Circular No 2013/01 was issued on 31.01.2013 to expedite resolution of problems related to state land in North and East during post-conflict period. Action to create public awareness of the new Circular is undertaken by the Ministry. o Action taken to facilitate persons to lodge complaints related to their lands at offices in the North and East provinces, as well as at the Land 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 o Surveying of state lands being progressed in 5 DSDs of Nallur, Karachchi, Vavuniya North, Maritimepattu, Musali and Tambuttegama.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

2.

Activity

Partner Agencies

KPI

Time frame

19

Progress o Divisional Secretariat level awareness programmes have been completed on Manamune North, Eravurpattu, Trincomalee, Kinniya and Kuchchaveli DSDs. 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. In addition, general public is being made aware of activities under the Title Registration programme.

6 months  Conduct awareness  Awareness programmes with programmes relevant groups on the conducted implementation of circular No. 2011/4 of 22.07.2011 issued by the Commissioner General of Lands Rec. 9.108 listed under this Ministry in the original report is transferred to M/External Affairs and M/Resettlement, as it is not an activity of this Ministry.

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.

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.

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

o Presidential  Appointment  Effective th Secretariat of the 4 Land implementation of the Commission policy on land use with a view to identifying appropriate state land available for settlement. th  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

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

o PTF for N

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

12 months

24 months

9.124 (1), 9.124 (3)  These rights are safeguarded under the new Circular.  To address issues pertaining to land the government is in the process of establishing a Land Commission. The Terms of Reference of the Fourth Land Commission are being formulated and a suitable Commissioner is to be identified.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

4.

5.

Activity

Partner Agencies

KPI

Time frame

20

Progress

to address issues.  Ensure effective implementation of Statutes, i.e. The State Lands Ord., Land Development Ordinance, Land Grants (Sp. Provisions) Act.  Formulate a Policy to deal with the issue of settlements.

4. Issue of a clear 12  Policy  National Involuntary Resettlement Policy is available. statement by government months formulated that private lands would not be utilized for settlements by any Government agency.

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: th 9.126 - Assure people 24  The proposed 4 Land  Implementat  This is provided for under the new Circular. through a publicity effort months Commission to take ion of the that the Programme cognizance of the activities in seeks to make available recommendation 9.126, keeping with land to all returning IDPs 9.128, 9.129, 9.131 to the findings th as expeditiously as 9.136 and consider the of the 4 possible and is not a feasibility of the Land substitute for recourse to implementation of such Commission the Courts of Law where recommendations people are in possession of valid legal proof of their claim to the land in question.

9.128 - Provide the  Funds have been allocated under 2013 budget. Approval has needed human and been granted to recruit required human resources which is financial resources. currently on-going.

9.129 - Supervise civil administration officers tasked with the implementation of the Programme by respective Government Agents and monitor implementation quality at the national

 Being implemented.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation level by the Land Commissioner General.

9.131 - Organize a wellplanned media seminar on the Programme to enable the Media to project an accurate and clear view of the Programme 9.132 - Conduct well designed training programmes for all officers and community leaders selected for various Committees 9.133 - Launch a welldesigned, communication campaign in simple Tamil and Sinhala language to help displaced persons come forward to benefit from the Programme 9.134 - Confine the participation of security forces officers to expediting the release of maximum extents of lands being utilized for security purposes.

9.135, 136 - Organize and hold a well-publicized ‘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

Activity

Partner Agencies

KPI

Time frame

21

Progress

 Being implemented.

 Currently taking action to conduct programmes with the issue of

the land Circular 2013/01.

 A communication campaign is underway covering 75 DSDs. The

campaign will continue until March 31, 2013.

 Completed.  Only Civil Officers in charge of land matters have been deployed under the new Circular.

 Currently taking action to conduct programmes with the issue of

the land Circular 2013/01.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

6.

7.

8.

9.

through this process 9.140 - Apply strict controls to prevent any alienation of State land other than for IDPs until the proposed Programme is implemented 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 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 9.150 Expedite action on the establishment of a National Land Commission (NLC) in order to propose appropriate future

Activity

Partner Agencies

KPI

Time frame

 Implementat ion of circular

3 months

 This recommendation is duly observed.

o Ministry of Resettleme nt

 A report dealing with activities 1, 2&3

3 months

 As 9.141 under M/Finance & Planning  Rs 400 M in local funds has been provided by the government for

o Ministry of Defence

 Lands released  Re-location completed  Compensati on paid

Ongoing

o Presidential Secretariat

 Proposal included in TOR of PSC

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

1. Evaluate the need for an external partner

22

2. Formulate a project proposal if external o Dept of resources are found to National be needed.

Planning

Progress

this purpose.

3. Secure assistance as appropriate, if feasible

Consequent to the review already completed –  Release lands where possible;  b) Take steps to relocate or to pay compensation acting under applicable Statutes (Land Acquisition Act).

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

6 months 3 years

To be confirmed

 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 March 2013. Treasury approved expenditure of Rs 460.26M for this entire programme.  23 acquisition proposals received to acquire 564 acres and 43 perches out of 8,680.34 acres under this project. At present, Section 2 has been issued for 60 acres.  Please refer to Recommendation 9.142 under M/Defence & Urban Development

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation 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

Activity

Partner Agencies

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

o Ministry of Finance and Planning

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

o Ministry of Public Administr ation.

KPI

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

23

Time frame

Progress

36 months

 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.  Experts have been nominated at the national level stakeholder meeting.  Vavuniya and Mannar district level expert group meetings will be held in January 2013.  Survey Department has prepared 1:10000 digital spatial data maps (digital maps) for Jaffna, Mannar (part), Kilinochchi (part), Trincomalee, Ampara districts.  Please refer to Recommendation 9.151 under M/Finance & Planning  Please refer to Recommendation 9.151 under M/Public Administration & Home Affairs

 Land Use Plan for N&E developed.

Ministry of Finance & Planning Recommendation

Activity

Partner Agencies

KPI

Time frame

Progress

 Mechanism launched to conduct survey

Ongoing

 Department of Census and Statistics (DCS) carried out a “Population and Housing Census 2012” covering the entire country including North and East Provinces for the first time since 1981.

International Humanitarian Law Issues 1.

9.37b - Conduct a professionally designed household survey covering all affected

 Conduct survey.

o Department of Census and Statistics

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013) 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.

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 o Department of Census and data base to collate Statistics information regarding missing persons.

 Database established and information included

24

This survey has generated data on households and population in the area.  Using this data, the following initial steps have been taken to conduct a survey on affected families. o A steering committee has been appointed to monitor the survey. o A separate unit was established to carry out the survey and a technical committee has been appointed to review the data collection. o Public awareness programme on the survey has commenced. o A press release will be issued to both national and international media on February 25, 2013.  In addition, DCS is planning to conduct an Economic Survey covering the entire country which will generate most of the data on the affected families.

6 months  As 9.37b above

Land Return and Resettlement 3.

4.

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 9.151 - Develop a land use plan for each district in the North and East with the participation of

1. Evaluate the need for o Ministry of an external partner Resettlement

A report dealing with activities 1, 2 &3

3 months

o Ministry of  Provide Ministry of  Budgetary Public Lands with resources provisions Administratio to prepare the Land made n.

Use Plan for North and available to

36 months

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

o Ministry of Lands

3. Secure assistance as appropriate, if feasible

 The Government is working very closely with the donor community to develop the affected regions. Already many development projects have been implemented and some are in progress. With regard to land development , the government adopts an integrated approach to develop related infrastructure in the region including, roads and transport, electricity, water supply, education and other needs to improve land management.  During 2005 – 2012, the government, with development partners, invested USD 3188.76M in various projects in this region.  In addition, Rs 400 M has been provided for implementation of land related LLRC recommendations and Rs 800 M for 2013 to improve land title and ownership.  District Secretariats and Divisional Secretariats have been instructed to develop district land use plans including provisions for protection of culture, environment and archaeological sites in the area.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013) 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

East.

25

 Circular instructions have been issued to Divisional Secretaries of Northern and Eastern Provinces.  Title registration activities have commenced in 12 Divisions. Land surveying is being progressed in five Divisional Secretariat Divisions.  Treasury has provided necessary funds for these activities.  Please refer to Recommendation 9.151 under M/Lands & Land Development

Ministry of Lands;  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 nopayment 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/Rehabilit ation and Prisons Reforms

 Issues resolved

Ongoing

 The capacity of REPPIA has been reviewed and strengthened.

REPPIA has paid/granted following compensations for affected families. o An amount of Rs 57 M has been granted/paid for 677 persons under compensation schemes. o An amount of Rs 238 M has been granted for 1,853 persons under loan schemes. o Rs 200,000 has been paid for religious places under compensation.  Please refer to Recommendation 9.155 under M/Rehabilitation & Prison Reforms

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

26

Ministry of External Affairs Recommendation

Activity

Partner Agencies

 Formulate policy with regard to refugees in India.

o Ministry of Resettlement o Ministry of Defence

KPI

Time frame

Progress

 Bi-lateral discussions held and decisions implemented

24 months

 Currently there are approx. 68,000 refugees in camps in Southern India. Ministry is working closely with M/ Resettlement to achieve the target set by the NPoA to encourage return of refugees in India to Sri Lanka.  The Deputy High Commission of Sri Lanka in Chennai is facilitating voluntary repatriation by issuing travel documents and birth certificates free of charge to the refugees who wish to return to Sri Lanka. The UNHCR also provides incentive packages for those who wish to return.  The 8th Session of Indo-Sri Lanka Joint Commission held in January 2013 reviewed the status of Sri Lankan refugees in India and both countries agreed to work together to facilitate the voluntary repatriation of refugees to Sri Lanka.  South Asia Division of M/EA is the focal point in the ministry for this activity.  Please refer to Recommendation 9.108 under M/Resettlement

 Formulate programme to harness the untapped potential of the expatriate community, through Sri Lankan overseas Missions.

 Programme formulated.

3 months ** Revised as 6 months

 Steps are being taken to constitute the Multi-Disciplinary Task

 Implement programme through Overseas Missions

 Programme implemented

3 months ** Revised as 6 months

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

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

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

Force, including members from the private sector and academia.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

Activity

Partner Agencies

KPI

Time frame

27

Progress

‘hostile diaspora groups,’ and to engage them constructively with the Government and other stakeholders involved in the reconciliation process.

Ministry of Public Administration & Home Affairs Recommendation

Activity

Partner Agencies

KPI

Time frame

Progress

o Ministry of Public Administrati on & Home Affairs

 Instructions issued to implement the provisions of new legislation.

Ongoing

 Zero complaints re inability to organize events

Ongoing

 Ministry has notified all District Secretaries of activities to be undertaken under the Registration of Deaths Act No 19 of 2010. In this regard, awareness workshops have been held for Grama Niladharis of North and East.  During 2011, 37 and 761 deaths were 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. Services were also held in Mullaitivu District Secretariat in September 2012.  The matter is regularly reviewed at District Secretaries’ Conferences as well.  Ministry has notified District Secretaries that religious leaders and community leaders in all districts should be assured of the freedom to organize as well as to hold meetings peacefully.

District Secretaries have ensured that such rights are currently safeguarded, but further attention will be paid in this regard.

 The

6 months

Human Rights 1.

2.

3.

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

 Give adequate publicity of the availability of information through the Governments 1919 IT facility, to people in conflict affected areas

9.118 - Ensure people, community leaders, and religious leaders have the freedom to organize peaceful events and meetings without restrictions.

9.119 - Allow visitors from overseas to visit

 Monitor monthly at GA’s conference, whether there are constraints to enjoying this freedom.  Identify whether there

o Police Department

 Facilities are already in place for overseas visitors to visit their

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation their friends and relatives in recently resettled areas without any undue restrictions

Activity

Partner Agencies

are undue restrictions o Respective to visits and remove GA’s such restrictions, if any.

KPI

Time frame

formulation of a report which confirms that no such restriction exists

28

Progress friends and relatives. District Secretary, Jaffna confirmed that people who live in Jaffna District have a conducive environment to live in freedom and peace and that visitors from overseas are facilitated to visit their friends and relatives without difficulty. District Secretaries were instructed by Ministry to regularly report progress on this matter.  Please refer to Recommendation 9.119 under M/Defence & Urban Development

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 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

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

o Ministry of Finance

 Staff provided to M/Lands

36 months

 A meeting chaired by the Minister of Lands and Land Development was held on 10.12.2012 to raise awareness and receive feedback from institutions involved in solving land issues in North and East Provinces. During this meeting a circular was introduced issuing guidelines for the implementation of activities to be conducted expeditiously during 2013 and 2014 to solve the issues relating to state lands in the North and East.  Please refer to Recommendation 9.151 under M/Finance & Planning.  Please refer to Recommendation 9.151 under M/Lands & Land Development

 Policy examined and problem areas

3 months

 Although public servants are not selected to receive NGO funds, District Secretaries have informed that complaints have not been received in this regard thus far.

o Ministry of Lands

Restitution/Compensatory Relief 5.

9.162 - Revisit the problem of public servants being

 Examine government policy to identify what disqualifications exist;

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation disqualified from NGO assistance programs

Activity  Determine and introduce provisions to ensure equitable assistance.

Partner Agencies

KPI

Time frame

29

Progress

identified, if any.  New policy determined, if necessary.

Reconciliation 6.

7.

6. Maintain greater coordination and communication between the GAs and security authorities in normalizing civilian administration.

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

 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  Continue the present practice of expressing solidarity as one nation and one people and of pledging a collective commitment to nonviolence and peace so as to ensure a nonrecurrence of the past events that led to the internecine conflict

 All impediments , if any identified.  All impediments, if any removed and normal civil administration restored. o Presidential  Sustainable Secretariat peace and o Ministry of harmony National amongst all Languages people and Social Integration

12 months

 District Secretaries have informed that this activity is observed in District Coordination Committees and Civil Defence Committees.  Ministry has notified District Secretaries in North and East

Provinces to take steps to maintain continuous cooperation between the security authorities and civilian administration.  Ministry has instructed all District Secretaries to ensure and safeguard the rights and representation of all ethnic groups during national events organised at district and provincial levels. The assistance of M/National Languages and Social Integration is available in this regard.  Action was taken to ensure representation of all ethnic groups in cultural events and in the singing of the national anthem during National Day celebrations held in Trincomalee. District Secretaries reported that this procedure was observed at all National Day celebration events held at district level in other parts of the country.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

30

Ministry of Rehabilitation & Prison Reforms Recommendation

Activity

Partner Agencies

KPI

Time frame

Progress

 Ministry has taken steps, in collaboration with M/Social Services, to obtain artificial arms and legs for the rehabilitees remaining in Rehabilitation Centres. Further, arrangements have been made to collect details of re-integrated disabled ex-combatants to provide artificial limbs to them as well.  Data collection activity in progress to devise a programme to pay a monthly allowance to the disabled. As the second stage of this programme, this allowance will be paid to the already rehabilitated and re-integrated disabled ex-combatants in near future. Details of approximately 200 disabled excombatants have been submitted to M/Social Services for onward action.  Discussions were held with M/ Health about conducting special health clinics for those who suffer from various diseases and illnesses and those were disabled due to gun shots and mortars. Needy victims will be directed to surgeries and further treatments. Few ex-combatants went through surgeries at the Government Hospital in Vavuniya. The process will be continued to other needy ex-combatants through Government Hospitals.  A system of giving leave for special needs of the families is in progress.  Parents, siblings and close relatives are provided with the opportunity to visit the rehabilitees once a week.  A series of counselling programmes will be conducted to assure the positive mentality of the family members.  Special counselling workshops have already been conducted for the rehabilitees who suffer from mental stress resulted by killings and committing various other crimes as LTTE combatants.  Discussions were held with M/Social Services to provide an amount of Rs 25,000 for self employed businesses.

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 Commission er General of Rehabilitation

 Status required to be submitted

3 months

2.

9.78, 9.82 - Examine on a case-by-case basis the

 This concern has been fully addressed with

o Commission er General of

 Programme for re-

Ongoing

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation 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

Activity large numbers pursuing academic activities followed by reunification with their families. This process to be continued by CG/R.

Partner Agencies Rehabilitation

KPI

Time frame

31

Progress  Exclusive programmes such as giving young trainees, who lost their parents, in marriage to ensure their protection and care, inculcating family values and providing them with job opportunities are in progress.  By 2010, all former child soldiers have been conveyed to their parents after rehabilitation and integration process.  All former child soldiers are given a proper education and those who qualified for the Examinations of Ordinary Level and Advanced Level were given the opportunity to sit these examinations successfully with the aid of tutorials conducted.

169 trainees qualified to enter university.

integration designed and implemented

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 nopayment 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.

Ongoing

 The capacity of REPPIA has been reviewed and strengthened.

The REPPIA has paid/ granted following compensations for affected families.  An amount of Rs. 57 M has been granted/paid for 677 persons under compensation schemes.  An amount of Rs. 238 M has been granted for 1,853 persons under loan schemes.  Please refer to Recommendation 9.155 under M/Finance & Planning

24 months

 Ministry initiated action to conduct a survey to identify sums of money required on which basis a compensatory scheme will be prepared and approved.

 Action taken as appropriate.

 Take appropriate action to deal with issues identified.  Provide funds for payment of compensation based on an acceptable victim identification process.

o Ministry of Finance & Planning

 Continue with Government programme for the rehabilitation and re-

o PTF – for NP

 Issues resolved Issues resolved

 The effective implementation of the relief programmes

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation (This Rec. which was listed under M/Resettlement in the original report is transferred to this section).

Activity

Partner Agencies

integration of excombatants and a reconciliation programme for the next of kin.

KPI

Time frame

32

Progress  Rehabilitation Authority has implemented concessionary and loan programmes under the following loan and compensation schemes. o An amount of Rs. 26,352,500 was paid for 286 dead and injured persons relevant to the compensation scheme of the most affected. o An amount of Rs. 2,700,000 was granted for 24 government servants under the compensation scheme of the most affected. o An amount of Rs. 14,453,817 was given for 231 cases of paying property compensations for general public. o An amount of Rs. 14,344,029 was granted for 135 cases of paying compensations for state servants who were affected due to LTTE activities. o A loan of Rs. 182,655,000 was given for 1085 integrated trainees. o Under the self employment loan scheme, an amount of Rs. 55,991,000 was granted for 768 affected persons. o An amount of Rs 200,000 was paid for 02 religious places under the compensation.

granting relief to those NOK affected by death or injury as a direct result of the conflict

Ministry of Resettlement Recommendation

Activity

Partner Agencies

KPI

Time frame

Progress

 Bi-lateral discussions held and decisions implemented

24 months

 Current policy is voluntary repatriation. Since 2010, 5304 refugees of Sri Lankan have returned from India. A further 68,000 remain in camps. 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

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

 Formulate policy with regard to IDPs in India

 Ministry of External Affairs

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013) Sri Lanka

33

M/Defence to encourage refugees to return. Accordingly, following action has been taken: o Ministry has taken steps to prepare a booklet containing information on the type of assistance available to the returning refugees which would positively impact on refugees to return to Sri Lanka. In the meantime, a documentary on voluntary repatriation programme featuring the current situation of refugees who have already returned to Sri Lanka is under preparation.  M/EA has initiated action towards bilateral discussions with India. The 8th Session of Indo-Sri Lanka Joint Commission held in January 2013 reviewed the status of Sri Lankan refugees in India and both countries agreed to work together to facilitate the voluntary repatriation of refugees to Sri Lanka. South Asia Division of M/EA is the focal point in the ministry for this activity.

Restitution/Compensatory Relief Rec. 9.164 listed under this Ministry in the original report is transferred to M/Rehabilitation & Prison Reforms, as it is not an activity of this Ministry.

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 recommendatio ns for implementation .

18 months

 A Committee headed by Secretary, Resettlement was appointed to study the landless issue relating to displaced Muslim families in Northern province.  The following reports, providing necessary recommendations have been prepared. o Committee Report identifying requirements 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.  PTF for NP has instructed M/ Environment to allocate suitable forest land for above purpose. M/Environment has summoned meetings with DG/Wildlife to release

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

34

appropriate land extents. Relocation will be completed by June 2013. In the interim, housing requirements will be attended to.  Please refer to Recommendations 9.194, 195 under Presidential Task Force for Resettlement, Development & Security in the Northern Province.

Ministry of National Languages & Social Integration Recommendation

Activity

Partner Agencies

KPI

Time frame

Progress

Reconciliation 1.

2.

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

Ongoing  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

o Presidential Task Force on Trilingual Society

 Effective Monitoring of the implementatio n of the Trilingual Initiative

9.245  2165 Tamil Sinhala teachers had received training since 2009 to engage in second language teaching. Of this, 1073 received training in 2012.  76317 public officers have received Sinhala, Tamil language training in order to serve the public in their own language.  Preparation of the Road map commenced in collaboration with 09 relevant key ministries, Presidential Secretariat and Presidential Task Force for a Trilingual Sri Lanka. Several meetings were held and a template was finalised for collection of data and sent to related ministries.  Draft of the Guide for preparation of language plan by government institutions for the effective implementation of Official Languages Policy is complete.

9.246, 9.247. 9.249  Public officers throughout the country are trained to provide services to citizens. Public Administration Circular was issued to ensure that Language Units are established in every Government institution to provide effective services to the public in their own language.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

3.

4.

Recommendation

Activity

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

programmes implemented are effective and whether there is compliance with policy.

Partner Agencies

KPI

Time frame

35

Progress  National Institute of Language Education and Training (NILET) conducted 56 residential language programmes to enable officers to get basic language proficiency to serve the public in their own language.  Official Language Department conducts classes for public officers on a payment basis.  Awareness programmes on the Implementation of the Language Policy were conducted for staff of District Secretariats, Provincial Administration and the Divisional Secretariats. They included: District officers in Trincomalee; Divisional officers in Ella, Haliella and Badulla DSDs; provincial leaders in Kandy district.  72 Divisional Secretariats are identified as Bilingual Divisional Secretariat Divisions. 41 Divisional Secretariats were gazetted, 31 Divisions Secretariats are to be gazetted as Bilingual Divisions.  Bilingual Facilitation Centers have been established in District Secretariats. Translators have been assigned to District Secretariats of Gampaha, Ratnapura, Matale, Hambantota, Puttlam, Jaffna, Vavuniya, Batticaloa, Ampara and Polonnaruwa by the Official Language Department to assist the public in obtaining services in the language of their choice.  Initial steps have been taken to establish an Online Translation Service.  A Translation Unit is being established at the Official Languages Department by recruiting Graduates with language skills.  22 graduates with proficiency in Sinhala – Tamil and Sinhala – English were identified for translation work of the DOL. Of them, the 08 graduates identified for Sinhala – Tamil translation were provided with a practical training on translation.  Trilingual Call Centre was established by the ministry to resolve issues relating to language policy implementation. A designated telephone number 1956 is being established for

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

Activity

Partner Agencies

KPI

Time frame

36

Progress the public to get connected to the ministry.  Police Stations were instructed to ensure that the people are provided the opportunity to record their statement in their own language and same is pasted in the Complaint Book.

Police officers are provided extensive training in the second language. NILET has provided Master Trainers to provide training to staff of the Police training institutions to ensure an effective training.  Ministry has instructed the National Integration Promotion Assistants and National Integration Promotion Coordinators to collect data on the trilingual initiative carried out in government institutions.

9.248  Official Languages Commission (OLC) has discussed to amend the Act at its special meeting on 11.11.2012 in order to ensure that the Commission is entrusted with effective powers.  National Integration Promotion Assistants who have been delegated some functions by the OLC have been requested to report regarding the usage of trilingual name boards in buses through a standard format developed by the OLC. After studying these reports the relevant authorities have been instructed by the OLC to take corrective measures to ensure that all name boards are displayed in all three languages.  OLC has obtained the active participation of National Integration Promotion Assistants for the Language Audits in public institutions.  Provincial Languages Centers to be established in three Provinces in Kilinochchi, Ratnapura and Polonnaruwa. A sum of Rs 24M has been approved by the Treasury for Kilinochchi Centre. 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

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

Activity

Partner Agencies

KPI

Time frame

37

Progress Centre which will function by July 2013.  OLC has requested for 35 graduates from among the new recruits to strengthen the capacity of the Commission at the regional level by appointing them to district offices.  OLC has obtained the involvement of the Language Societies to promote Official Languages Policy at the grass root level.

9.250  Discussion took place between Hon. Minister, IGP, Trilingual Secretariat and NILET to look into the possibility to appointing retired Tamil officers to the Police Stations on a contract basis. As a follow up, NILET organised a specialised client oriented teaching programme during January 3-7, 2013 for police officers.

5.

6.

7.

6. Use interpreters in public offices as appropriate to facilitate communication until long term programmes are put in place.

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] 9.274, 275 - Create greater awareness of

 Monitor observance of language rights recognized in the Constitution  Identify additional remedial measures required to ensure observance of language rights  Formulate a policy that would encourage ethnically mixed schools  Ensure that schools include programmes to promote intercommunity interactions.

 Examine and introduce appropriate measures

 Monitoring activity completed  Additional remedial measures identified and implemented

12 months

o Ministry of Education

 The establishment of a policy encouraging ethnically mixed schools

24 months

 Ministry is in discussion with the Ministry of Education to

o Ministry of Culture &

 Programmes that would

12 months

9.274  “Sri Lankan Writers” an Association comprising Sinhala,

24 months

share information and conduct “School Twinning Programmes” as a combined activity in 2013. Also had interaction with UNDP to obtain information for similar programmes in northern and eastern provinces.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation 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.

8.

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

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

Activity

Partner Agencies

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.

The Arts

 Continue the present practice of expressing solidarity as one nation and one people and of pledging a collective commitment to nonviolence and peace so as to ensure a nonrecurrence of the past events that led to the internecine conflict

o Ministry of Public Administrati on & Home Affairs o Presidential Secretariat

KPI

Time frame

promote cultural affinities and commonalities between communities

38

Progress Tamil and Muslim writers are to be incorporated by way of a Private Member Bill with the assistance of the Ministry.

9.275  “Palama/Palam” a Sinhala/Tamil Radio Programme, was

broadcast via Sri Lanka Broadcasting Corporation in 2012 to highlight commonalities of language and culture and to promote mutual understanding between communities. This programme will continue throughout in 2013.

 Sustainable peace and harmony amongst all people

---

 Research is in process by the Ministry to identify a National

event on reconciliation to be conducted in parallel with National Day. Initiatives by other countries also have been studied. E.g.: South Africa.  Please refer to Recommendation 9.285 under M/Public Administration & Home Affairs

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

39

Ministry of Education Recommendation

Activity

Partner Agencies

KPI

Time frame

Progress

Human Rights 1.

9.60 - Provide comprehensive, islandwide 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

 Module formulated and included in curriculum

Governed by the time frame as per the NHRAP

 Modules on Human Rights are already included in

 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.  Implement the current programmes in keeping with the “Mahinda Chintana” to upgrade facilities in schools islandwide  Formulate a policy that would encourage ethnically mixed schools  Ensure that schools include programmes to promote inter-

o M/Health o M/Plantation Industries o M/Child Dev & Women’s Affairs

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

6 months

 An Inter-Ministerial Committee comprising Ministries of

 Upgrading of educational facilities in schools

36 months

 The establishment of a policy encouraging ethnically mixed schools

24 months

curriculum. Supplementary curriculum material on Human Rights will be developed targeting secondary schools.  Please refer to Recommendation 9.60 under M/Defence & Urban Development

Reconciliation 2.

3.

4.

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 9.252 - Reduce and eventually eliminate the inequality in the availability of educational facilities in different areas of the country 9.253, 254 - Develop a proactive policy to encourage mixed schools serving children from different ethnic and religious backgrounds and greater interaction

o Ministry of National Languages and Social Integration

Child Development & Women’s Affairs; Health; Plantation Industries; Education and Livestock & Rural Community Development has been established to discuss and devise suitable programmes to address this recommendation.  A Task Team has been appointed to identify educational gaps that require further improvement in the plantation sector. This Task team is currently conducting its functions.

 409 secondary schools have been identified to upgrade

educational facilities immediately.  5000 child friendly feeder schools have identified to upgrade

the educational facilities  Nine schools in each province will be selected to convert as

ethnically mixed schools. Mapping exercise has commenced.  Cabinet approval will be sought to encourage for the establishment of ethnically mixed schools within three months.  Please refer to Recommendations 9.253, 254 under

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation among students [e.g. twinning schools, student exchange programs, Reconciliation Clubs, National Youth Council exchange programmes]

Activity

Partner Agencies

KPI

Time frame

community interactions.

40

Progress M/National Languages & Social Integration

Ministry of Higher Education Recommendation

Activity

Partner Agencies

KPI

Time frame

Progress

Reconciliation 1.

2.

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?)

9.257 - Ensure public Universities have ethnically mixed student populations with a choice of courses offered in all three languages.

 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.

 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

12 months

 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 University Grants Commission and other authorities. Work is in progress. Report will be submitted to Cabinet shortly.  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 (February 26, 2013)

41

Ministry of Health Recommendation

Activity

Partner Agencies

KPI

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

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

Time frame

Progress

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

6 months

 An Inter-Ministerial Committee comprising Ministries of

Child Development & Women’s Affairs; Health; Plantation Industries; Education and Livestock & Rural Community Development has been established to discuss and devise suitable programmes to address this recommendation.  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 of Plantation Industries Recommendation

Activity

Partner Agencies

KPI

Time frame

 Assess the impact of existing programmes to improve the health, education and housing facilities for the estate sector, to identify areas that require improvement

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

Progress

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

 An Inter-Ministerial Committee comprising Ministries of

Child Development & Women’s Affairs; Health; Plantation Industries; Education and Livestock & Rural Community Development has been established to discuss and devise suitable programmes to address this recommendation.  Ministry has identified lack of housing a more pressing need than lack of education and health services. Currently, a

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

2.

facilities and also provide better living conditions in the estate areas

 Revise programmes to make interventions more effective.

9.92 - Establish an InterAgency Task Force mandated to address in a comprehensive manner the needs of women, children, elderly and other vulnerable groups such as disabled affected by conflict, and provide necessary relief

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

o As contained in the NHRAP

 NHRAP implementati on monitored

Ongoing

42

survey is being conducted to identify uncultivated lands in these areas. Cabinet approval will be sought to distribute lands to estate sector employees  Being implemented by NHRAP.

Ministry of Child Development & Women’s Affairs Recommendation

Activity

Partner Agencies

KPI

Time frame

Progress

 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

 An Inter-Ministerial Committee comprising Ministries of Child Development & Women’s Affairs; Health; Plantation Industries; Education and Livestock & Rural Community Development has been established to discuss and devise suitable programmes to address this recommendation.  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.  Media programmes and awareness programmes have been conducted on various topics. These include: o A Documentary Film in Tamil medium on Preventing Domestic Violence and other forms of harassment will be screened at programmes conducted in the North, East and Estate areas. Special focus will be on women who were affected by the armed conflict in the North and East.

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

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

Activity

Partner Agencies

KPI

Time frame

43

Progress o A series of programmes was broadcast via Sri Lanka Broadcasting Corporation both in Sinhala and Tamil on topics including prevention of harassment of women; Prevention of Domestic Violence Act No 34 of 2005; preventing pregnancy of teenage girls; and the functions of the Gender Complaints Centre. Action was taken to broadcast a number of taped radio programmes conducted in Tamil to address teenage pregnancies and preventing violence against women. o Workshops, incorporating skill development training activities on Gender issues, prevention of domestic violence and ensuring women rights, are held at rural level by the Ministry with funds from the UNFPA. Two skill development workshops were held in Tamil medium for 46 Relief Sisters and Women Development Officers in North and East Provinces.  Social empowerment of women is 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.  Future activities will be conducted in collaboration with the Plantation Trust in which the Children's Secretariat is already a member.

Other activities: Economic Empowerment of Widows and Women Headed Families Ministry has taken cognizance that the conflict situation which persisted for nearly 03 decades in the North and East had contributed to multiplication of widows and women-headed families in the country. To address this concern, a programme to strengthen the social, economical and psychosocial wellbeing of widows and women-headed families is being implemented. Rs. 6 million has been allocated for this programme and funds will be released to 400 beneficiaries in 20 Divisional Secretariat Divisions to engage in livelihood ventures. Of this, 171 beneficiaries in 14 Divisional Secretariat divisions (which include 11 in North & East provinces) have benefited.

Foster Parent Caring Programme Thousands of children from North and East who have lost both or one parent benefit from foster parent care. The National Child Protection Fund provides a monthly financial allocation to caretakers of such children to meet their educational needs. The fund is maintained by local and foreign donors and bursaries are given to

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

Activity

Partner Agencies

KPI

Time frame

44

Progress

selected children from Mullaitivu, Kilinochchi and Mannar districts.

Child Focused Group Centers A programme to establish Child Focused Group Centers in District Secretariats are carried out. The first such Child Focused Group Center was established in Vavuniya District Secretariat in 2009 followed by Mulliativu, Kilinochchi, and Polonnaruwa. Coordination of governmental and nongovernmental organizations working for child protection in districts, implementing decisions taken at the District Child Development Committee and child counselling services are handled by these Child Focused Group Centers.

Ministry of Telecommunication & Information Technology Recommendation

Activity

Partner Agencies

KPI

Time frame

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

3 months

Progress

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

o ICTA o Police Department o Ministry of Justice

 Following the appointment of a Special Commissioner of

Investigation, the Government Information Centre (GIC) will be instructed to give publicity on the mandate of the Special Commissioner of Investigation.  Please refer to Recommendation 9.51 under M/Justice

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

45

Ministry of Culture & The Arts Recommendation

Activity

Partner Agencies

KPI

Time frame

Progress

 Programmes that would promote cultural affinities and commonalitie s between communities

12 months

 Ministry has reported progress for specific activities in its Operation Plan for LLRC NPoA as below:  Several State Literary Award winning creations have been selected for translations from Sinhala to Tamil, and Tamil to Sinhala. Suitable Translators are being identified.  Commenced preliminary activities to call for literary creations in Sinhala, Tamil and English for awards of the State Literary Festival to be held in September 2013.  Commenced preliminary activities to call for literary creations in Sinhala, Tamil and English for awards of the Provincial Literary Festivals to be held between July September 2013.  Printing is in progress of 2000 copies of the Sinhala, Tamil and English dictionaries to be distributed among selected schools.  Land has been identified to establish 07 Cultural Centers in the Divisional Secretariat Divisions of Karaweddi (Jaffna District), Kandawalai (Kilinochchi District), Vavuniya (Vavuniya District), Kinniya (Trincomalee District), Tirukovil (Ampara District), Damana (Ampara District) and Pothievupattu (Batticaloa District).  35 Kalayathanas in North and East provinces, registered under the Department of Cultural Affairs, are being provided funds to purchase musical instruments.  Rs 10M has been released to District Secretary, Anuradhapura to construct Uthuru Dakunu Mithuru Sevana Art Center which provides facilities for cultural exchange programmes. Construction has commenced.  Cinema, TV and drama festivals to encourage mutual understanding among communities being organized.  Please refer to Recommendations 9.274, 275 under M/National Languages & Social Integration

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.

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 translation9 of literary works  Engage the cultural sector to highlight commonalities and mutual understanding between communities.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

46

Ministry of Mass Media & Information Recommendation

Activity

Partner Agencies

KPI

Time frame

Progress

 Effective redress to grievances of media personnel

12 months

 Online complaint system will be launched in March 2013 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.  Draft amendments to the Press Council Act to empower the Council with a wider jurisdiction were submitted to the Legal Draftsman.  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.

 Impediments identified, if any

6 months

 Completed. No restrictions experienced by media personnel.  Please refer to Recommendation 9.115d under M/Defence &

Human Rights 1.

2.

3.

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

 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.  Identify impediments to free movement, if any, of media personnel in the North and East

9.115e Enact legislation to ensure the right to information

 Cabinet to decide the suitable time frame for drafting legislation.

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.

o Press Council

o Police Department

 The Cabinet Office will be the interface for the inter action with the Cabinet of Ministers on the acceptance of such

Urban Development

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013) legislation by the legislature.

Ministry of Religious Affairs Recommendation

Activity

Partner Agencies

KPI

Time frame

Progress

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

KPI

Time frame

Reconciliation 1.

9.258 - Conduct interprovincial 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

Progress

47

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

48

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

Activity

Partner Agencies

KPI

Time frame

Progress

9 months

 A major policy initiative taken by the government to implement a comprehensive resettlement programme is the appointment of a Presidential Task Force for Resettlement, Development and Security in the Northern Province.  In the aftermath of the conflict, a 180-day Action Programme was implemented to expeditiously address requirements of basic infrastructure. There are now 900 schools functioning with over 260,000 students and nearly 14,000 teachers. Water supply has been provided to 300,000 people in the Jaffna peninsula. A Resettlement package comprising 06 month of dry rations, total shelter grants of Rs 25,000 per family, 40 perch land, and non-food relief items has been provided to IDPs.

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  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 reintegration of excombatants and a reconciliation programme for the next of kin.

o M/Rehabilitat ion & Prison Reforms

 The effective implementati on of the relief programmes granting relief to those NOK affected by death or injury as a direct result of the conflict

 Formulating and implementing a policy

o M/Resettlem ent

 The publication of the report

24 months

 Please refer to Recommendation 9.164 under M/Rehabilitation & Prison Reforms.

Reconciliation 3.

9.194, 195 - Facilitate the early return of the

18 months

 The following reports, providing necessary recommendations have been prepared.

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation 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

Activity

Partner Agencies

for the resettlement and reintegration of the displaced Muslims.

KPI

Time frame

49

Progress o Committee Report identifying requirements 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.  PTF for NP has instructed M/Environment to allocate suitable forest land in Mannar, Kilinochchi and Mullaitivu districts 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.  5,540 houses were constructed under a project initiated in 2007 to construct houses for displaced Muslim families in Northern province and now living in Puttlam district. An internal road network covering 149km has also been constructed. All these IDPs were given food rations by the government through a Food Stamp System over an extended period of time.  Please refer to Recommendations 9.194, 195 under M/Resettlement

identifying the requirements with recommendatio ns for implementation

Presidential Secretariat Recommendation

Activity

Partner Agencies

KPI

Time frame

Progress

International Humanitarian Law Issues 1.

9.39 - Initiate an independent investigation into the Channel 4 Video to establish the truth or

 Assess current processes being pursued to examine the authenticity of the allegations in Channel 4

o M/Defence

 Assessment completed  Follow up action identified and

06 months

 Please refer to Recommendation 9.39 under M/Defence &

Urban Development

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation otherwise of the allegations arising from the video footage.

Activity

Partner Agencies

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

KPI

Time frame

pursued, as appropriate.

Land Return and Resettlement 2.

3.

4.

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 bipartisan 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.

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

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

o Ministry of Lands

 Refer recommendation to PSC

 Refer this recommendation to the PSC as it deals with an entirely policy/political issue [Independent Police Commission has already been established]

o Proposed Parliamentary Select Committee

 Proposal included in TOR of PSC

To be confirmed

 Recommenda tion referred to PSC.

Ongoing

Not applicable

Not Applicable

Progress

50

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation

5.

6.

7.

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 through training programs to enhance the work ethic of the public service 9.228 - Establish a constitutional provision for judicial review of legislation. Reach a consensus on an appropriate constitutional amendment to provide for an adequate

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

Partner Agencies o Ministry of Defence o Attorney General’s Department o Ministry of Justice

KPI

Time frame

Progress

o Report submitted by major stakeholders to the Cabinet of Ministers

6 months

 Please refer to Recommendation 9.218, 219 under M/Justice

 HR Plan of Action formulated.  Implementati on of HRPA commenced.

3 months

Not Applicable

Not Applicable

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

 Implement the National Human Resources Policy

 Refer to the PSC.

o Office of the Sr. Minister for HR development

51

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation 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

Activity

KPI

Time frame

 Refer to the PSC

Not Applicable

Not Applicable

 Formulate an Action Plan to ensure effective implementation of the Language policy.

 Effective Monitoring of the implementati on of the Trilingual Initiative

 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

Partner Agencies

o Ministry of National Languages and Social Integration o Presidential Task Force on Trilingual Society

Ongoing

52

Progress

 A detailed Concept Paper was prepared by the Presidential Secretariat together with the Ministry of Education and the National Institute of Education on the basis of which an Action Plan is being prepared for creating a Trilingual Next Generation.  Negotiations are in progress with the Japanese Embassy / JICA for funding assistance to support the implementation of the Action Plan for the first 3 years. This includes the retraining of all language teachers (Sinhala / first language, Sinhala / second language, Tamil / first language, Tamil / second language, English), re-visiting the syllabi, preparation of appropriate text books and other teaching materials, development of language teaching IT tools, linking of Tamil speaking and Sinhala speaking schools across the island etc, the technical assistance for which will be provided by the Government of India in terms of the proposed Memorandum of Understanding (MOU) submitted to the Cabinet of Ministers.  Please refer to Recommendations 9.246, 9.247, 9.248, 2.949 and 9.250 under M/National Languages & Social

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation measures take effect 11. 9.248 - Ensure that the Language Commission is an authority with effective powers of implementation and branches in every province.

12. 9.250 - Implement Interim Recommendation regarding language.

Station interpreters at Police Stations using retired police officers with bilingual fluency 13. 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

Activity

Partner Agencies

KPI

Time frame

with policy.

 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

- 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

Refer to the PSC.

Progress Integration

o Ministry of Public Administration & Home Affairs o Ministry of National Languages and Social Integration

Sustainable peace and harmony amongst all people

---

Not Applicable

Not Applicable

Reconciliation 14. 9.228

53

 Please refer to Recommendation 9.285 under M/Public Administration & Home Affairs

National Plan of Action for the Implementation of LLRC Recommendations – Responsibilities by Agency (February 26, 2013)

Recommendation proposed legislation Take 15. 9.236, 237 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

Activity

Partner Agencies

Refer to the PSC

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

Presidential Secretariat

KPI

Time frame

Not Applicable

Not Applicable

The implementation of the recommendatio ns of the PSC

1 year

Progress

54