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High Security Zones and the Rights to Return and Restitution- as case study of Trincomalee District. Research and Survey Overview.
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High Security Zones and the Rights to Return and Restitution- as case study of Trincomalee District www.cohre.org
Research and Survey Overview Purpose: analyze the barriers to return and restitution imposed by HSZsSurvey: 384 families (192 IDPs and 192 Returnees) June, July, September 2008 in Trinco and Batti 121 respondents were directly affected by Sampoor HSZResearch: Desk review, interviews (gov’t, NGOs, UN) www.cohre.org
Brief HSZ Timeline • June-November 2006, 72,191 people displaced to Batticaloa • October 16 2006, Special Economic Zone established in Trinco (including Muttur/Sampur) • May 2007, HSZ established with gazette notification cover 11 GN Divisions • March-August 2008, up to 7 GN Divisions verbally opened for return, HSZ boundaries remained the same • 7 July 2008, Section 2 notice to Acquire 1717 acres of land for a Coal Power Plant • October 2008, HSZ is officially reduced to 4 GN divisions www.cohre.org
Major Findings • Estimated 6,993 persons displaced due to the Sampoor HSZ • HSZ prevent the quick return of IDPs • Majority of Batti returnees interviewed returned 6-9 months after displacement • Those who have returned to former HSZ area stayed in displacement for about 1 ½ years • Current HSZ IDPs still in displacement almost 3 years later • There is no system to support long term IDPs and many languish in inadequate camps for too long • Overlapping development projects (Coal Power Plant, Ring Road, and general SEZ) causing legal confusion between temporary and permanent land acquisition www.cohre.org
Map of Sampoor High Security Zone www.cohre.org
Returnees who cannot access their lands • Unofficial HSZs and Secondary Occupation • Survey of Muttur area- 350 homes occupied • Outer Ring Road www.cohre.org
Unwillingness of IDPs to accept proposed relocationsites • IDPs given a choice between 2-3 relocation sites • All said NO to each choice • Lack of adequate compensation • Inferior quality of land • Lack of trust in government promises www.cohre.org
State offering 20 perches and “promise of house, agricultural land, and livelihood support from NGOs” • Refusal to relocate related to lack of compensation and willingness to adequately consult with IDPs www.cohre.org
Incomplete Framework for Compensation www.cohre.org
74% of HSZ IDPs indicated they lived on land between 21-100 perches in size www.cohre.org
What was your other land used for? www.cohre.org
Summary of Recommendations for Advocacy Transparent Process for HSZs • Limited Duration • Clear Definition of Boundaries and Purpose • Transparent procedure to Temporarily acquire land • Independent Dissolution www.cohre.org
Remedying Displacement • Right to Return and Restitution- rent and compensation until able to return • Adequate Housing- relocation housing suitable for long-term displacement Permanent Acquisition • In accordance domestic laws, Involuntary Resettlement Policy (principle of improving quality of life, no resulting impoverishment) • Re-evaluate current Relocation Sites • Relocation AND Compensation- (private land and state lands) www.cohre.org
Unofficial HSZ • HSZ should only be used by for areas officially gazetted • Return all houses before returnees arrive • If proven to be essential, fair rent paid and alternative housing provided www.cohre.org
Thank You. Questions? www.cohre.org