Memorandum of Understanding for the Establishment of a Post-Tsunami Operational Management Structure (P-TOMS)

  • Country/entity
    Sri Lanka
  • Region
    Asia and Pacific
  • Agreement name
    Memorandum of Understanding for the Establishment of a Post-Tsunami Operational Management Structure (P-TOMS)
  • Date
    27 Jun 2005
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Sri Lankan Civil War (1983 - 2009) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government/territory
  • Peace process
    Sri Lanka LTTE 2002 onward process
  • Parties
    Government of Sri Lanka and Liberation Tigers of Tamil Eelam
  • Third parties
    -
  • Description
    Following the 2004 Tsunami, the LTTE and Sri Lankan Government formulated the Post-Tsunami Operational Management Structure (P-TOMS) to ensure humanitarian relief and reconstruction in affected areas. P-TOMS consists of district and regional level offices.

Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group
    Groups→Racial/ethnic/national group→Anti-discrimination
    Page 2, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    1. Structure
    ... b. The High-Level Committee, the Regional Committee and the District Committees shall discharge of their functions in such a manner as to address the concerns of all persons in the Tsunami Disaster Zone (the “TDZ”, as defined below) and shall do so without discrimination against any person on grounds such as ethnic origin, sex, language, religion, political or other opinion, social origin, birth or other status.
  • Religious groups
    Groups→Religious groups→Anti-discrimination
    Page 2, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    1. Structure
    ... b. The High-Level Committee, the Regional Committee and the District Committees shall discharge of their functions in such a manner as to address the concerns of all persons in the Tsunami Disaster Zone (the “TDZ”, as defined below) and shall do so without discrimination against any person on grounds such as ethnic origin, sex, language, religion, political or other opinion, social origin, birth or other status.
    Groups→Religious groups→Substantive
    Page 3, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    5. High-Level Committee
    ... c. Composition. The High-Level Committee shall consist of the following members:
    ... iii. 1 nominee by Muslim parties.

    Page 4, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    6. Regional Committee
    ... c. Composition. The Regional Committee shall consist of the following members:
    ... iii. 3 members nominated by the Muslim parties, out of which one will serve as Deputy Chairperson;

    Page 6, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    8. District Committees
    ... c. Composition and Decision Making. The Districts Committees, already established and well-functioning, shall continue their work. The District Committees may further discuss and decide on issues relating to their composition and decision-making. Adequate Muslim representation shall be ensured.
  • Indigenous people

    No specific mention.

  • Other groups
    Groups→Other groups→Anti-discrimination
    Page 2, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    1. Structure
    ... b. The High-Level Committee, the Regional Committee and the District Committees shall discharge of their functions in such a manner as to address the concerns of all persons in the Tsunami Disaster Zone (the “TDZ”, as defined below) and shall do so without discrimination against any person on grounds such as ethnic origin, sex, language, religion, political or other opinion, social origin, birth or other status.
  • Refugees/displaced persons

    No specific mention.

  • Social class
    Groups→Social class→Anti-discrimination
    Page 2, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    1. Structure
    ... b. The High-Level Committee, the Regional Committee and the District Committees shall discharge of their functions in such a manner as to address the concerns of all persons in the Tsunami Disaster Zone (the “TDZ”, as defined below) and shall do so without discrimination against any person on grounds such as ethnic origin, sex, language, religion, political or other opinion, social origin, birth or other status.

Gender

  • Women, girls and gender
    Page 2, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    1. Structure
    ... b. The High-Level Committee, the Regional Committee and the District Committees shall discharge of their functions in such a manner as to address the concerns of all persons in the Tsunami Disaster Zone (the “TDZ”, as defined below) and shall do so without discrimination against any person on grounds such as ethnic origin, sex, language, religion, political or other opinion, social origin, birth or other status.

    Page 4, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    6. Regional Committee
    ... c. Composition. The Regional Committee shall consist of the following members:
    ... iv. The Regional Committee shall have a proper gender balance.

    Page 6, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    8. District Committees
    ... c. ... The District Committee shall also have a proper gender balance.
  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.

State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.

Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→Temporary new institutions
    Page 1, Preamble, WHEREAS there is a need for establishing P-TOMS to facilitate such cooperation among communities, and between the Parties;

    Page 1-2, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    1. Structure
    a. An integrated operational management structure shall be established for the purpose of planning, implementing and coordinating post-tsunami work. Such structure shall consist of:
    i. The Post-Tsunami Coastal Reconstruction Committee (the “High-Level Committee”);
    ii. The Post-Tsunami Coastal Reconstruction Committee for the Six Districts (the “Regional Committee”); and
    iii. Post-Tsunami Coastal Reconstruction Committees for each of the Ampara, Batticaloa, Jaffna, Kilinochchi, Mullaitivu, and Trincomalee districts (the “District Committees”).

    Page 3, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    5. High-Level Committee
    a. Geographic Scope. The High-Level Committee shall act exclusively in relation to the TDZ.
    b. Functions. The High-Level Committee shall perform the following functions:
    i. Formulation of policies for the equitable allocation and disbursement of donor funds in the TDZ based on needs assessments submitted to the HighLevel Committee, guided by the principle that funds should be allocated in proportion to the number of affected persons and the extent of damage;
    ii. Provision of advisory services; and
    iii. Monitoring of the functioning of P-TOMS.
    c. Composition. The High-Level Committee shall consist of the following members:
    i. 1 nominee by GOSL;
    ii. 1 nominee by LTTE; and
    iii. 1 nominee by Muslim parties.
    ... e. Chairperson. The High-Level Committee shall select one of the members of the HighLevel Committee to serve as the chairperson to conduct and coordinate its meetings. The role of the chair shall rotate among the members, with each chairperson serving for two months

    Page 4, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    6. Regional Committee
    a. Geographic Scope. The Regional Committee shall act exclusively within those areas of the TDZ in the Six Districts.
    b. Functions. The Regional Committee shall perform the following functions:
    i. Development of strategies for implementation and prioritization of post-tsunami emergency relief, rehabilitation, reconstruction and development measures;
    ii. Project approval and management, with respect to projects for post-tsunami relief, rehabilitation, reconstruction and development;
    iii. Overall monitoring of projects; and
    iv. Fund management, with respect to the fund specifically defined in Section 7.


    Page 4-5, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    6. Regional Committee
    a. Geographic Scope. The Regional Committee shall act exclusively within those areas of the TDZ in the Six Districts.
    b. Functions. The Regional Committee shall perform the following functions:
    i. Development of strategies for implementation and prioritization of post-tsunami emergency relief, rehabilitation, reconstruction and development measures;
    ii. Project approval and management, with respect to projects for post-tsunami relief, rehabilitation, reconstruction and development;
    iii. Overall monitoring of projects; and
    iv. Fund management, with respect to the fund specifically defined in Section 7.
    c. Composition. The Regional Committee shall consist of the following members:
    i. 2 members nominated by GOSL, out of which one will serve as Deputy Chairperson;
    ii. 5 members nominated by LTTE, out of which one will serve as Chairperson;
    iii. 3 members nominated by the Muslim parties, out of which one will serve as Deputy Chairperson;
    iv. The Regional Committee shall have a proper gender balance.
    d. Observers. The Regional Committee shall have one observer representing multilateral donors and one observer representing bilateral donors attend its meetings. The observers shall be nominated by the multilateral donor community and the bilateral donor community, respectively. Other observers may be invited to attend the meetings of the Regional Committee.
    e. Decision Making.
    i. The Regional Committee shall strive to make decisions based on consensus. All members shall work together in good faith and use their best efforts to reach a common agreement before the Regional Committee makes any decisions.
    ii. In the event that consensus cannot be reached, decisions shall be made by a simple majority of the Regional Committee. In the event of equality of votes, the Chairperson can exercise a casting vote.
    iii. Notwithstanding paragraph iv below, in the event that a decision is taken on an issue having an adverse effect on a minority group, acknowledged by at least two members of the Regional Committee, approval will require two thirds majority (seven members) of the Regional Committee.
    iv. In the event that a proposal from a District Committee does not get a simple majority in the Regional Committee and at least two members of the Regional Committee request redressing of the decision relating to the proposal, the rejection will require two thirds majority (seven members) of the Regional Committee.
    ... f. Location. The Regional Committee shall be located in Kilinochchi.
    g. Procedures. The Regional Committee, in consultation with the High-Level Committee, shall determine the procedures for the discharge of its functions.
    h. Servicing Secretariat. A small Secretariat for the Six Districts shall be set up and may draw staff from the Secretariat for Immediate Humanitarian and Rehabilitation Needs (SIHRN). The Secretariat shall be named as the Regional Secretariat for Post-tsunami Coastal Reconstruction and Development (RSPCRD), and shall provide secretarial and administrative services to the Regional Committee.
    i. Project Management Unit. A Project Management Unit (the “PMU”) shall be established to manage the projects approved by the Regional Committee.
    j. Accounting. The Regional Committee shall appoint a suitably qualified, independent accountant.

    Page 6, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    8. District Committees
    a. Geographic Scope. Each District Committee shall act exclusively in relation to those areas of the TDZ within its district.
    b. Functions. Each District Committee shall perform the following functions within its district:
    i. Identification of needs;
    ii. Prioritization of needs;
    iii. To generate, receive, appraise and prioritize project proposals from various stakeholders and submit recommendations to the Regional Committee; and
    iv. To monitor and report on project progress to the Regional Committee.
    c. Composition and Decision Making. The Districts Committees, already established and well-functioning, shall continue their work. The District Committees may further discuss and decide on issues relating to their composition and decision-making. Adequate Muslim representation shall be ensured. The District Committee shall also have a proper gender balance.
    d. Location. Each District Committee shall be located within its district.
    e. Servicing Secretariat. A small Servicing Secretariat shall provide secretarial and administrative services to the District Committees
  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.

Power sharing

  • Political power sharing
    Power sharing→Political power sharing→General
    Sub-state level
    1. Structure
    a. An integrated operational management structure shall be established for the purpose of planning, implementing and coordinating post-tsunami work. Such structure shall consist of:
    i. The Post-Tsunami Coastal Reconstruction Committee (the “High-Level
    Committee”);
    ii. The Post-Tsunami Coastal Reconstruction Committee for the Six Districts (the “Regional Committee”); and
    2 iii. Post-Tsunami Coastal Reconstruction Committees for each of the Ampara, Batticaloa, Jaffna, Kilinochchi, Mullaitivu, and Trincomalee districts (the “District Committees”).
    b. The High-Level Committee, the Regional Committee and the District Committees shall discharge of their functions in such a manner as to address the concerns of all persons in the Tsunami Disaster Zone (the “TDZ”, as defined below) and shall do so without discrimination against any person on grounds such as ethnic origin, sex, language, religion, political or other opinion, social origin, birth or other status.
    Power sharing→Political power sharing→Form of 'veto' or communal majority
    Sub-state level
    Page 4, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    6. Regional Committee
    ... e. Decision Making.
    ... ii. In the event that consensus cannot be reached, decisions shall be made by a simple majority of the Regional Committee. In the event of equality of votes, the Chairperson can exercise a casting vote.
    iii. Notwithstanding paragraph iv below, in the event that a decision is taken on an issue having an adverse effect on a minority group, acknowledged by at least two members of the Regional Committee, approval will require two thirds majority (seven members) of the Regional Committee.
    iv. In the event that a proposal from a District Committee does not get a simple majority in the Regional Committee and at least two members of the Regional Committee request redressing of the decision relating to the proposal, the rejection will require two thirds majority (seven members) of the Regional Committee.
    Power sharing→Political power sharing→International involvement
    Sub-state level
    Page 3, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    5. High-Level Committee
    ... f. Observers. The High-Level Committee shall have one observer representing multilateral donors and one observer representing bilateral donors attend its meetings. The observers shall be nominated by the multilateral donor community and the bilateral donor community, respectively.

    Page 4, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    6. Regional Committee
    ... d. Observers. The Regional Committee shall have one observer representing multilateral donors and one observer representing bilateral donors attend its meetings. The observers shall be nominated by the multilateral donor community and the bilateral donor community, respectively. Other observers may be invited to attend the meetings of the Regional Committee.

    Page 5, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    7. Regional Fund
    b. The Parties shall appoint a suitable multi-lateral agency to be the Custodian of the Regional Fund.
    Power sharing→Political power sharing→Other
    Sub-state level
    Page 3, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    5. High-Level Committee
    a. Geographic Scope. The High-Level Committee shall act exclusively in relation to the TDZ.
    b. Functions. [See political institutions.]
    c. Composition. The High-Level Committee shall consist of the following members:
    i. 1 nominee by GOSL;
    ii. 1 nominee by LTTE; and
    iii. 1 nominee by Muslim parties.
    d. Alternates. Each nominating party shall designate one alternate, who will be authorized to attend meetings and act on behalf of the member only in the event he or she is unable to attend due to illness, necessary travel or other exigent circumstances.
    e. Chairperson. The High-Level Committee shall select one of the members of the HighLevel Committee to serve as the chairperson to conduct and coordinate its meetings. The role of the chair shall rotate among the members, with each chairperson serving for two months.
    ... g. Decision Making.
    i. The High-Level Committee shall strive to make decisions based on consensus. All members shall work together in good faith and use their best efforts to reach a common agreement before the High-Level Committee makes any decisions.
    ii. In the event that consensus cannot be reached, the members shall immediately enter into an extensive consultation procedure with their nominating parties and the donor community with the aim to reach an agreement and to ensure continued cooperation in the High-Level Committee.
    iii. In the event that consensus can still not be reached the nominating parties may, after having followed the consultation procedure laid down in Section 5(g, i and ii) and after having given 14 days notice, suspend the cooperation in the High-Level Committee.

    Page 4, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    6. Regional Committee
    ... c. Composition. The Regional Committee shall consist of the following members:
    i. 2 members nominated by GOSL, out of which one will serve as Deputy Chairperson;
    ii. 5 members nominated by LTTE, out of which one will serve as Chairperson;
    iii. 3 members nominated by the Muslim parties, out of which one will serve as Deputy Chairperson;
    iv. The Regional Committee shall have a proper gender balance.

    Page 4-5, ... e. Decision Making.
    i. The Regional Committee shall strive to make decisions based on consensus. All members shall work together in good faith and use their best efforts to reach a common agreement before the Regional Committee makes any decisions.
    ii. In the event that consensus cannot be reached, decisions shall be made by a simple majority of the Regional Committee. In the event of equality of votes, the Chairperson can exercise a casting vote.
    iii. Notwithstanding paragraph iv below, in the event that a decision is taken on an issue having an adverse effect on a minority group, acknowledged by at least two members of the Regional Committee, approval will require two thirds majority (seven members) of the Regional Committee.
    iv. In the event that a proposal from a District Committee does not get a simple majority in the Regional Committee and at least two members of the Regional Committee request redressing of the decision relating to the proposal, the rejection will require two thirds majority (seven members) of the Regional Committee.
  • Territorial power sharing
    Power sharing→Territorial power sharing→Other
    Page 2, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    2. Scope
    ... b. The Tsunami Disaster Zone (the “TDZ”) shall be defined as the area affected by the tsunami.
    c. The TDZ shall include all that tsunami-affected land area of Sri Lanka, which is adjacent to the sea, lying within a limit of 2 kilometres landwards from the mean low water line.
    d. The High-Level Committee may decide to bring additional land areas within the TDZ; provided, however, that all such land areas must have been directly impacted by the tsunami or directly affected by the displacement and resettlement of persons as a result of the tsunami.
    e. New proposals for measures to be adopted in, or affecting the coastal areas covered by seawater, shall be undertaken under the aegis of an international agency. Such proposals might include measures to recover material lost to the sea during the tsunami, the cleaning up of shores and beaches affected, even when covered by seawater, and the repairing and construction of jetties or commercial fisheries harbours affected by the tsunami.
  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.

Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.

Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.

Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.

Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.

Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    WHEREAS the equitable allocation of post-tsunami funds to all parts of Sri Lanka struck by the tsunami will be based on accepted needs assessments;

    WHEREAS in recognition of this urgent humanitarian need and in a spirit of partnership, the Government of Sri Lanka (the “GOSL”) and the Liberation Tigers of Tamil Eelam (the “LTTE”) (the “Parties”) have resolved to work together, in good faith and using their best efforts, to deliver expeditious relief, rehabilitation, reconstruction and development to the coastal communities in the six districts of Ampara, Batticaloa, Jaffna, Kilinochchi, Mullaitivu and Trincomalee (“the Six Districts”) and to facilitate and expedite the process of rebuilding the affected areas;

    Page 5, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    7. Regional Fund
    a. There shall be a Post-Tsunami Coastal Fund for the Six Districts (the “Regional Fund”), consisting of unspecified (program) and secretariat funds. The unspecified (program) funds shall consist exclusively of foreign funds while the secretariat funds shall consist of both foreign and local funds.
    b. The Parties shall appoint a suitable multi-lateral agency to be the Custodian of the Regional Fund.
    c. The purpose of the Regional Fund shall be to expeditiously make available funds, following proper approved procedures, to facilitate and accelerate the relief, rehabilitation, reconstruction and development program in the tsunami-affected areas of the Six Districts.
    d. The Parties and the Custodian shall agree on a mechanism for the establishment and operation of the Regional Fund.
    Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
    Page 1, Preamble, WHEREAS there is an urgent need for all communities, Sinhala, Tamil, Muslim and others, to cooperate on humanitarian grounds in the face of this common adversity;
    Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
    WHEREAS in recognition of this urgent humanitarian need and in a spirit of partnership, the Government of Sri Lanka (the “GOSL”) and the Liberation Tigers of Tamil Eelam (the “LTTE”) (the “Parties”) have resolved to work together, in good faith and using their best efforts, to deliver expeditious relief, rehabilitation, reconstruction and development to the coastal communities in the six districts of Ampara, Batticaloa, Jaffna, Kilinochchi, Mullaitivu and Trincomalee (“the Six Districts”) and to facilitate and expedite the process of rebuilding the affected areas;

    Page 2 2. Scope [Summary] section defines the area for reconstruction.

    Page 4, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    6. Regional Committee
    b. Functions. The Regional Committee shall perform the following functions:
    i. Development of strategies for implementation and prioritization of post-tsunami emergency relief, rehabilitation, reconstruction and development measures;
    ii. Project approval and management, with respect to projects for post-tsunami relief, rehabilitation, reconstruction and development;
    iii. Overall monitoring of projects; and
    iv. Fund management, with respect to the fund specifically defined in Section 7.

    Page 5, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    7. Regional Fund
    a. There shall be a Post-Tsunami Coastal Fund for the Six Districts (the “Regional Fund”), consisting of unspecified (program) and secretariat funds. The unspecified (program) funds shall consist exclusively of foreign funds while the secretariat funds shall consist of both foreign and local funds.
    b. The Parties shall appoint a suitable multi-lateral agency to be the Custodian of the Regional Fund.
    c. The purpose of the Regional Fund shall be to expeditiously make available funds, following proper approved procedures, to facilitate and accelerate the relief, rehabilitation, reconstruction and development program in the tsunami-affected areas of the Six Districts.
    d. The Parties and the Custodian shall agree on a mechanism for the establishment and operation of the Regional Fund.
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds
    Page 3, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    4. Cost and Expenses The donors shall be requested to cover all costs and expenses incurred relating to the establishment and functioning of the P-TOMS

    Page 5, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    7. Regional Fund
    a. There shall be a Post-Tsunami Coastal Fund for the Six Districts (the “Regional Fund”), consisting of unspecified (program) and secretariat funds. The unspecified (program) funds shall consist exclusively of foreign funds while the secretariat funds shall consist of both foreign and local funds.
    b. The Parties shall appoint a suitable multi-lateral agency to be the Custodian of the Regional Fund.
    c. The purpose of the Regional Fund shall be to expeditiously make available funds, following proper approved procedures, to facilitate and accelerate the relief, rehabilitation, reconstruction and development program in the tsunami-affected areas of the Six Districts.
  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.

Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.

Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 2, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    2. Scope
    ... f. The Ceasefire Agreement, dated as of 23 February 2002, between the GOSL and the LTTE, shall continue in full force and effect, and nothing in this MOU shall be construed to prejudice such agreement or alter its terms in any way.
  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 3, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    5. High-Level Committee
    ... c. Composition. The High-Level Committee shall consist of the following members:
    ... ii. 1 nominee by LTTE; and

    Page 4, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    6. Regional Committee
    ... c. Composition. The Regional Committee shall consist of the following members:
    ii. 5 members nominated by LTTE, out of which one will serve as Chairperson;
  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.

Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.

Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 3-4, NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:
    5. High-Level Committee
    ... g. Decision Making.
    i. The High-Level Committee shall strive to make decisions based on consensus. All members shall work together in good faith and use their best efforts to reach a common agreement before the High-Level Committee makes any decisions.
    ii. In the event that consensus cannot be reached, the members shall immediately enter into an extensive consultation procedure with their nominating parties and the donor community with the aim to reach an agreement and to ensure continued cooperation in the High-Level Committee.
    iii. In the event that consensus can still not be reached the nominating parties may, after having followed the consultation procedure laid down in Section 5(g, i and ii) and after having given 14 days notice, suspend the cooperation in the High-Level Committee.
  • Related cases

    No specific mention.

  • Source
    Edrisinha, Gomez, Thamilmaran, Welikala (Eds.) (2008), ‘Power-sharing in Sri Lanka: Constitutional and Political Documents, 1926-2008’ (Colombo: Centre for Policy Alternatives), pp. 718-723.
    also at
    http://www.tamilnet.com/img/publish/2005/06/final_draft_of_jm.pdf

Memorandum of Understanding (“MOU”) for the Establishment of a Post-Tsunami Operational Management Structure (“P-TOMS”)

Preamble

WHEREAS the tsunami that struck Sri Lanka on December 26, 2004 (the “tsunami”) destroyed human lives and property on an unprecedented scale;

WHEREAS there is an urgent need for all communities, Sinhala, Tamil, Muslim and others, to cooperate on humanitarian grounds in the face of this common adversity;

WHEREAS the equitable allocation of post-tsunami funds to all parts of Sri Lanka struck by the tsunami will be based on accepted needs assessments;

WHEREAS in recognition of this urgent humanitarian need and in a spirit of partnership, the Government of Sri Lanka (the “GOSL”) and the Liberation Tigers of Tamil Eelam (the “LTTE”) (the “Parties”) have resolved to work together, in good faith and using their best efforts, to deliver expeditious relief, rehabilitation, reconstruction and development to the coastal communities in the six districts of Ampara, Batticaloa, Jaffna, Kilinochchi, Mullaitivu and Trincomalee (“the Six Districts”) and to facilitate and expedite the process of rebuilding the affected areas;

WHEREAS there is a need for establishing P-TOMS to facilitate such cooperation among communities, and between the Parties;

NOW, THEREFORE, in consideration of the foregoing the Parties have entered into this MOU and agreed as follows:

1. Structure

a. An integrated operational management structure shall be established for the purpose of planning, implementing and coordinating post-tsunami work.

Such structure shall consist of:

i. The Post-Tsunami Coastal Reconstruction Committee (the “High-Level Committee”);

ii. The Post-Tsunami Coastal Reconstruction Committee for the Six Districts (the “Regional Committee”);

and

iii. Post-Tsunami Coastal Reconstruction Committees for each of the Ampara, Batticaloa, Jaffna, Kilinochchi, Mullaitivu, and Trincomalee districts (the “District Committees”).

b. The High-Level Committee, the Regional Committee and the District Committees shall discharge of their functions in such a manner as to address the concerns of all persons in the Tsunami Disaster Zone (the “TDZ”, as defined below) and shall do so without discrimination against any person on grounds such as ethnic origin, sex, language, religion, political or other opinion, social origin, birth or other status.

2. Scope

a. The scope of the High-Level Committee, the Regional Committee, and the District Committees shall be limited to performing the functions defined in Sections 5(b), 6(b), and 8(b), respectively, and having effect exclusively within the TDZ (as defined below), as further specified by Section 6(a) in the case of the Regional Committee and by Section 8(a) in the case of the District Committees.

b. The Tsunami Disaster Zone (the “TDZ”) shall be defined as the area affected by the tsunami.

c. The TDZ shall include all that tsunami-affected land area of Sri Lanka, which is adjacent to the sea, lying within a limit of 2 kilometres landwards from the mean low water line.

d. The High-Level Committee may decide to bring additional land areas within the TDZ;

provided, however, that all such land areas must have been directly impacted by the tsunami or directly affected by the displacement and resettlement of persons as a result of the tsunami.

e. New proposals for measures to be adopted in, or affecting the coastal areas covered by seawater, shall be undertaken under the aegis of an international agency.

Such proposals might include measures to recover material lost to the sea during the tsunami, the cleaning up of shores and beaches affected, even when covered by seawater, and the repairing and construction of jetties or commercial fisheries harbours affected by the tsunami.

f. The Ceasefire Agreement, dated as of 23 February 2002, between the GOSL and the LTTE, shall continue in full force and effect, and nothing in this MOU shall be construed to prejudice such agreement or alter its terms in any way.

3. Period of Operation

a. This MOU shall enter into force from the date it is executed by both Parties (the “Commencement Date”), and continue in operation for a period of one year from the Commencement Date.

b. The Parties shall by consensus have the option to extend this MOU for an additional period or periods.

4. Cost and Expenses

The donors shall be requested to cover all costs and expenses incurred relating to the establishment and functioning of the P-TOMS.

5. High-Level Committee

a. Geographic Scope.

The High-Level Committee shall act exclusively in relation to the TDZ.

b. Functions.

The High-Level Committee shall perform the following functions:

i. Formulation of policies for the equitable allocation and disbursement of donor funds in the TDZ based on needs assessments submitted to the High-Level Committee, guided by the principle that funds should be allocated in proportion to the number of affected persons and the extent of damage;

ii. Provision of advisory services;

and

iii. Monitoring of the functioning of P-TOMS.

c. Composition.

The High-Level Committee shall consist of the following members:

i. 1 nominee by GOSL;

ii. 1 nominee by LTTE;

and

iii. 1 nominee by Muslim parties.

d. Alternates.

Each nominating party shall designate one alternate, who will be authorized to attend meetings and act on behalf of the member only in the event he or she is unable to attend due to illness, necessary travel or other exigent circumstances.

e. Chairperson.

The High-Level Committee shall select one of the members of the High-Level Committee to serve as the chairperson to conduct and coordinate its meetings.

The role of the chair shall rotate among the members, with each chairperson serving for two months.

f. Observers.

The High-Level Committee shall have one observer representing multilateral donors and one observer representing bilateral donors attend its meetings.

The observers shall be nominated by the multilateral donor community and the bilateral donor community, respectively.

g. Decision Making.

i. The High-Level Committee shall strive to make decisions based on consensus.

All members shall work together in good faith and use their best efforts to reach a common agreement before the High-Level Committee makes any decisions.

ii. In the event that consensus cannot be reached, the members shall immediately enter into an extensive consultation procedure with their nominating parties and the donor community with the aim to reach an agreement and to ensure continued cooperation in the High-Level Committee.

iii. In the event that consensus can still not be reached the nominating parties may, after having followed the consultation procedure laid down in Section 5(g, i and ii) and after having given 14 days notice, suspend the cooperation in the High-Level Committee.

h. Location.

The High-Level Committee shall be located in Colombo.

i. Procedures.

The High-Level Committee shall determine its own procedures for the discharge of its functions.

j. Servicing Secretariat.

The High-Level Committee shall establish a small, independent secretariat with adequate staff.

6. Regional Committee

a. Geographic Scope.

The Regional Committee shall act exclusively within those areasof the TDZ in the Six Districts.

b. Functions.

The Regional Committee shall perform the following functions:

i. Development of strategies for implementation and prioritization of post-tsunami emergency relief, rehabilitation, reconstruction and development measures;

ii. Project approval and management, with respect to projects for post-tsunami relief, rehabilitation, reconstruction and development;

iii. Overall monitoring of projects;

and

iv. Fund management, with respect to the fund specifically defined in Section 7.

c. Composition.

The Regional Committee shall consist of the following members:

i. 2 members nominated by GOSL, out of which one will serve as Deputy Chairperson;

ii. 5 members nominated by LTTE, out of which one will serve as Chairperson;

iii. 3 members nominated by the Muslim parties, out of which one will serve as Deputy Chairperson;

iv. The Regional Committee shall have a proper gender balance.

d. Observers.

The Regional Committee shall have one observer representing multilateral donors and one observer representing bilateral donors attend its meetings.

The observers shall be nominated by the multilateral donor community and the bilateral donor community, respectively.

Other observers may be invited to attend the meetings of the Regional Committee.

e. Decision Making.

i. The Regional Committee shall strive to make decisions based on consensus.

All members shall work together in good faith and use their best efforts to reach a common agreement before the Regional Committee makes any decisions.

ii. In the event that consensus cannot be reached, decisions shall be made by a simple majority of the Regional Committee.

In the event of equality of votes, the Chairperson can exercise a casting vote.

iii. Notwithstanding paragraph iv below, in the event that a decision is taken on an issue having an adverse effect on a minority group, acknowledged by at least two members of the Regional Committee, approval will require two thirds majority (seven members) of the Regional Committee.

iv. In the event that a proposal from a District Committee does not get a simple majority in the Regional Committee and at least two members of the Regional Committee request redressing of the decision relating to the proposal, the rejection will require two thirds majority (seven members) of the Regional Committee.

f. Location.

The Regional Committee shall be located in Kilinochchi.

g. Procedures.

The Regional Committee, in consultation with the High-Level Committee, shall determine the procedures for the discharge of its functions.

h. Servicing Secretariat.

A small Secretariat for the Six Districts shall be set up and may draw staff from the Secretariat for Immediate Humanitarian and Rehabilitation Needs (SIHRN).

The Secretariat shall be named as the Regional Secretariat for Post-tsunami Coastal Reconstruction and Development (RSPCRD), and shall provide secretarial and administrative services to the Regional Committee.

i. Project Management Unit.

A Project Management Unit (the “PMU”) shall be established to manage the projects approved by the Regional Committee.

j. Accounting.

The Regional Committee shall appoint a suitably qualified, independent accountant.

7. Regional Fund

a. There shall be a Post-Tsunami Coastal Fund for the Six Districts (the “Regional Fund”), consisting of unspecified (program) and secretariat funds.

The unspecified (program) funds shall consist exclusively of foreign funds while the secretariat funds shall consist of both foreign and local funds.

b. The Parties shall appoint a suitable multi-lateral agency to be the Custodian of the Regional Fund.

c. The purpose of the Regional Fund shall be to expeditiously make available funds, following proper approved procedures, to facilitate and accelerate the relief, rehabilitation, reconstruction and development program in the tsunami-affected areas of the Six Districts.

d. The Parties and the Custodian shall agree on a mechanism for the establishment and operation of the Regional Fund.

8. District Committees

a. Geographic Scope.

Each District Committee shall act exclusively in relation to those areas of the TDZ within its district.

b. Functions.

Each District Committee shall perform the following functions within its district:

i. Identification of needs;

ii. Prioritization of needs;

iii. To generate, receive, appraise and prioritize project proposals from various stakeholders and submit recommendations to the Regional Committee;

and

iv. To monitor and report on project progress to the Regional Committee.

c. Composition and Decision Making.

The Districts Committees, already established and well-functioning, shall continue their work.

The District Committees may further discuss and decide on issues relating to their composition and decision-making.

Adequate Muslim representation shall be ensured.

The District Committee shall also have a proper gender balance.

d. Location.

Each District Committee shall be located within its district.

e. Servicing Secretariat.

A small Servicing Secretariat shall provide secretarial and administrative services to the District Committees.

9. Execution

This MOU may be executed in duplicate, both texts being equally authentic.