Jaffna, now the country’s worst affected district, is a glaring example of how ineffective institutions, political rivalries and misinformation can make a mockery of the resettlements of forcibly displaced Muslim people.

Rights of IDPs

People, who have been forced to flee or to leave their homes or place of habitual residence, as a result of armed conflict, violence, natural or man-made disaster and who have not crossed an internationally recognized State border, are known as Internally Displaced Persons. They are entitled to all human rights enjoyed by the other citizens. In addition, they have special needs which should be addressed by the state authorities.

When we talk about planned resettlement of forcibly displaced victims, we are talking about an extremely diverse population. In addition to their socio-economic differences, there are also other characteristics that need to be taken in to account. These include ethnicity, religion, culture, age, health condition, and gender. All these factors need careful attention in the process of resettlement. If not, it can lead to serious problems.

For planning the resettlement programme, it is essential to have reliable and accurate informations about the impact on the lives and properties destroyed by the forcible displacement. It is a complex process that should be handled with care and with the full participation of all stakeholders at the grass root level. If this is not done properly, it can have adverse effects on the quality of life of the victims.

The extent and the value of land and other assets owned by the affected families cannot be ignored in finding solutions to their resettlement problems. No arbitrarily designed resettlement should be imposed on helpless victims as such solutions are likely to aggravate the problems of the people who are already traumatized. Makeshift housing should be replaced by solidly built structures.

The people affected expect individual attention and specific solutions. The agencies that deal with issues of livelihood restoration will be required to visit each family and or household to find out how best they can be assisted. This is a painstaking exercise but we have no choice in the matter if the objective is to ensure that people who lost their livelihoods regain their economic strength within a reasonable period of time.

The Muslim Documentation Centre - MDC - conducted an assessment survey of the displaced Muslim families, properties robbed, residences and the lands of Muslims unlawfully occupied by the LTTE in the Jaffna District with the following objectives:

= Systematically assess the damages caused to the Muslim victims by visiting each and every family.

= Prepare a comprehensive report based on the field investigations on a professional basis.

= The final Survey Report to be submitted to the Government of Sri Lanka and the International Community for assistance to rebuild the affected areas and resettle the displaced Muslim victims.

Involving the Muslim IDPs in re-building of the displaced areas has to be given the highest priority and village level vigilant committees should be established.

All private lands have to be surveyed and layout and the building plans prepared immediately for the approval of the Local Authorities.

UN Guiding Principles on Internally Displaced Persons (IDPs)

The Guiding Principles on Internal Displacement were adopted by the UN Commission on Human Rights and Economic and Social Council in 1998.

Choice of Residence

Principle 15: The IDPs have the right to remain in the area they used to reside before the displacement or have the right to move to any other part of the country or another country of their will. This right is crucial for those who have lost their families, homes and belonging and have completely been uprooted.

Family Unit

Principle 16 and 17 highlight the importance of preserving the family unit. The responsible state authorities should help the IDPs in protecting the family unit by assisting in seeking family members who have been separated. A family unit provides security to a person. Separation from one’s family also leads to violation of other human rights. Where the families insist on remaining in the same location during the period of displacement the authorities should facilitate it.

Adequate Standard of Living

According to Principle 18, the state is responsible to provide the IDPs with an adequate standard of living including essential food, potable water, shelter, appropriate clothing, essential medical services and sanitation. The highest number of deaths among IDPs is caused by malnutrition. Vulnerable groups such as children, elderly and single heads of households should be given special attention in providing an adequate standard of living.

Property Rights

The IDPs have abandoned their property in haste and are not able to secure them. Especially, the boundaries of the lands may not be visible at the site. The properties of the IDPs are also prone to theft. The responsible authorities have to take steps to protect the property of the IDPs against such occurrences.

Right to Return or Resettle

IDPs have the right to return voluntarily, in safety and with dignity, to their previous homes or resettle voluntarily in another area of the country. Right to Return or resettle is vital especially when the cause of the displacement is ceased.

After resettlement, the IDPs should not face discrimination as a result of having been displaced. They, like all other citizens, have the equal right to participate in public affairs and to have access to public services.