A/HRC/22/38
solutions for internally displaced persons and to formulate a comprehensive State policy in
consultation with internally displaced persons and host communities, which was included in
the national plan of action (para. 9.113). During its universal periodic review of Sri Lanka
in 2008, the Government also voluntarily pledged to develop a comprehensive and uniform
compensation policy for the displaced, and to complete the process of drafting a bill on the
rights of internally displaced persons in consultation with all relevant stakeholders. The
Government also accepted recommendations to take the measures necessary to protect the
rights of the displaced in accordance with international standards, including with regard to
long-term housing and property restitution, facilitating the reintegration of displaced
persons in areas of return, and the provision of assistance to them. The National Action
Plan for the Protection and Promotion of Human Rights 2011-2016 launched in October
2011 envisaged a national policy on displacement that would be formulated within six
months. To date, however, no comprehensive national policy for displaced persons, no
policy on compensation for the displaced and no legislation on the rights of the displaced
has been drafted or adopted.
38.
Another obstacle is the lack of official and comprehensive figures on internally
displaced persons, given that no comprehensive profiling of displaced persons has been
undertaken in Sri Lanka since 2007. At the end of 2012, a compilation of Government
source data by the United Nations High Commissioner for Refugees on internally displaced
persons indicated that, of those displaced over the 26-year long conflict, approximately
483,300 individuals had returned to their area of origin, while about 94,000 remain
displaced. Of those displaced after April 2008 and housed in Menik Farm following the end
of the war, approximately 271,200 have returned to their area of origin, while an estimated
18,000 continue to live with host families or in welfare camps, transit situations or on
relocation sites.
39.
The return of internally displaced persons to their area of origin alone does not
imply a durable solution to their plight. The recommendation of the Lessons Learnt and
Reconciliation Commission that assistance be provided to returnees to enable them to repair
or build permanent houses, as well as for basic infrastructural needs to be met, including
adequate roads, schools and hospitals where people have been resettled, was not
incorporated into the national plan of action (para. 9.103). The Government has, however,
embarked on a major reconstruction and resettlement programme for internally displaced
persons. The OHCHR technical mission was able to visit several resettlement sites, which
varied enormously in many respects, including the standard of housing and access to basic
amenities.
40.
In response to the Commission’s recommendation that the Government should be
clear on its resettlement policies (para. 9.106), the Ministry of Lands is to conduct
awareness-raising programmes on the implementation of circular No. 2011/4 of the
Commissioner General of Lands. It should be noted, however, that the circular was
withdrawn in January 2012 after its legality was challenged in court. The Government
subsequently undertook to issue a new circular, which is, to date, still pending.
41.
Many recommendations made by the Lessons Learnt and Reconciliation
Commission related to land issues, including ensuring that State policy on land is not used
as an instrument to effect unnatural changes in the demographic pattern of a given province,
were assigned in the national plan of action to a body yet to be established, namely, a fourth
land commission, to be appointed under the Ministry of Lands (paras. 9.124, 9.126, 9.128129 and 9.131-136).
42.
The resolution of land-related issues is essential to attaining durable solutions for
internally displaced persons. Some of the main land-related challenges include loss or
damage to documentation, competing claims, landlessness, land grabs and secondary
occupation by civilians. The lack of clarity on the Government’s approach and policy in
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