IDLO SRI LANKA PROJECT NEWS LETTER February 2007 - November 2007 second edition - www.idlo.int
IDLO in Sri Lanka Immediately after the tsunami in December 2004, IDLO undertook several missions to Sri Lanka to assess the legal needs of people and local institutions affected by the tsunami. IDLO then developed a specific program designed to effectively contribute to the post tsunami recovery of the country and to the rebuilding of livelihoods of tsunami affected people. This program, entitled Post-Tsunami Legal Assistance Initiative, was implemented with the generous financial support of the Governments of Finland (Finnish Ministry of Foreign Affairs) and Ireland (Development Cooperation Ireland). clinics and house-to-house visits; applying for copies of marriage and birth certificates on behalf of those who have lost their documents due to displacement. Those who have never registered their births or marriages are given advice on how to apply for such documents and they are then referred onto NRC, who assist individuals with the application process. Having successfully completed all its earmarked project activities the Initiative in Sri Lanka will conclude on 31 December 2007. 1) Legal Aid, Assistance and Information Support to the Norwegian Refugee Council (NRC) As part of its Post-Tsunami Legal Assistance Initiative in Sri Lanka, IDLO has worked closely with the NRC and funded a range of projects in the country. The NRC is an international humanitarian non governmental organization providing assistance and protection to refugees and internally displaced persons (IDPs) worldwide. Civil Documentation Project IDLO funded a civil documentation project in partnership with Social Aid Sri Lanka (Social Aid) which ran from 1 June 2007 to 30 November 2007. The project provided mobile clinics and training workshops designed to assist community members displaced by the 2004 tsunami and to directly address ongoing difficulties in the registration or obtaining copies of lost civil documents. Social Aid is a non government organization (NGO) operating in the Muttur Division of the Trincomalee Region in the north-east of Sri Lanka (the Muttur community is also severely affected by the current civil conflict). Having participated in NRC capacity building workshops on legal and procedural issues, Social Aid staff have gone on to provide mobile ICLA Legal Aid clinics conducted by NRC assisting civilians including IDPs to obtain civil documentation and resolve legal issues. IDLO has provided funding support to the NRC s Information, Counselling, Legal Assistance and Advocacy (ICLA) program in tsunami-affected areas of Sri Lanka. The ICLA program provides: Information on the situation in the country, rights of the displaced, their area of origin and area of refuge. Counselling as a means of providing correct information and adequate legal assistance. Legal assistance in order for the displaced to overcome specific legal problems hindering them (rather than the general legal needs of the displaced population). Advocacy for the rights of refugees and internally displaced persons (IDPs). 1
By increasing IDPs ability to access civil documentation, NRC hopes to assist the community to restore livelihoods, prevent disputes and increase the recovery rate of communities affected by the tsunami and/or the civil conflict. NRC continues to employ field assistants in its Information Counselling, Legal Assistance and advocacy, (ICLA) offices located in the tsunami-affected areas of Trincomalee, Batticaloa, Ampara and Jaffna. Field assistants play a vital role in helping legal staff to assist a large number of beneficiaries and they are an important part of the mobile legal clinics. Awareness Raising Leaflets With the financial assistance of IDLO, NRC has published 15 separate awareness raising leaflets addressing four different areas of information. The project was completed in November 2007 and was successful in raising awareness amongst the target group of beneficiaries. These information resources are designed to provide IDPs with simple, clearly written advice about rules and procedures for accessing services and entitlements and resolving problems commonly faced by displaced people in Sri Lanka. Each leaflet is designed to equip IDPs with the essential information needed to resolve a problem, access a service or assert a right against a duty bearer. The leaflets were printed in Tamil and Sinhala. The information leaflets provided information on: Money- including procedures for opening a bank account, making an insurance claim, and using pawn brokers; Land and property- including procedures for acquiring and transferring a Land Development Ordinance Permit, for converting a Land Development Ordinance Permit to a Land Grant, for obtaining a Land Title Abstract, for recovering a Deed, and for obtaining a Copy of a Deed; Civil documentation- including procedures for acquiring a birth certificate, a birth certificate after a statutory deadline, a marriage certificate, a death certificate, and a National Identity Card. Family matters- including procedures on spousal and child maintenance claims, adoption and divorce. Tsunami Children s Project - Support to the Legal Aid Commission (LAC) Research study on the legal position of tsunami orphans in Sri Lanka With the support of IDLO, LAC commenced the Tsunami Children s Project in December 2006. LAC is a statutory body established under the Legal Aid Law No. 27 of 1978. LAC s mandate is to provide legal assistance to economically disadvantaged people and to ascertain whether the children are being afforded proper protection and care, as outlined in the Tsunami (Special Provisions) Act No. 16 of 2005. The overall objective of the IDLO-funded research with LAC has been to improve and maintain the long-term well-being of children orphaned by the tsunami. The main focus area of the project was the completion of field research on the current status of tsunami orphans. The research was conducted with the assistance of local government representatives, and child protection officers. In certain instances, where access to children proved to be difficult, the research was conducted in schools with the approval of school principals. On the basis of this research, LAC formulated an assessment of key legal needs and issues relating to tsunami-affected children. The assessment covers a sample of 1,290 tsunamiaffected children who were interviewed using a standard questionnaire survey. The research report recommends strategies to improve and consolidate the welfare and strengthen the legal position of tsunami orphans. On 20 November 2007, the report was officially handed over to relevant Sri Lankan Government authorities by LAC for further action. A copy of the research report was also handed over to IDLO. 2
Training Workshop on Conducting Field Research A training-of-trainer (ToT) workshop was conducted by IDLO early this year for the LAC officers, researchers and lawyers who conducted this field research. The ToT was carried out to equip researchers with sufficient information to carry out comprehensive and appropriate documentation of children affected by the tsunami. The workshop included many interactive sessions and discussions. Participants developed model questionnaires for caregivers and children, which were later used in the field. The workshop equipped the participants with the psychological sensitivities to carry out their research activities in an appropriate manner, taking into consideration the age and background of the children and the mind-set of the caregivers. Training Workshop on Legal Rights of Tsunami Orphans IDLO funded the LAC to conduct nine legal training workshops across Sri Lanka for personnel involved in the protection and promotion of child rights. The workshops were conducted in the districts of Galle, Kalutara, Trincomalee, Ampara, Hambanthota, Batticaloa and Matara from August to December 2007. Out of these nine workshops, three were conducted in Tamil and the other six were in Sinhala. Participants included Police Officials (from the Women and Child Desk), Probation Officers, Child Rights Promotion Officers, Social Service Officers, School Principals, Grama Niladharis, Wardens of children s homes and interested journalists. LAC field researchers interviewing tsunami-affected children and families. The subjects covered in these training workshops include: civil and criminal law, regulations, procedures, promotion and protection mechanisms, child psychology, international law, treaties and other international agreements. Resource staff for the workshops included IDLO Alumni members. The workshops aimed to give the participants: 3
a clear understanding of civil and criminal laws related to children; understanding the importance of children s rights and relevant international conventions; knowledge about the practical and legal aspects of child abuse and exploitation; improved awareness on the implementation of tsunami laws and procedures; and an understanding of child psychology. The workshops aimed to provide the participants with sufficient knowledge, sensitivity and confidence to handle legal issues appropriately in their daily work. An evaluation carried out by the participants subsequently stated that the workshops created a greater awareness of the diverse range of institutions working with children s rights and how to promote the protection of children s rights through their individual work. IDLO funded LAC workshops, which were conducted across Sri Lanka for personnel involved in the protection and promotion of child rights including Police Officers (in the khaki green uniforms) and officials from the Department of Probation and Child Care Services. 2. Livelihoods Support to SEEDS and Sewalanka Foundation The IDLO Post-Tsunami Legal Assistance Initiative is working closely with two of Sri Lanka s leading NGOs: Sarvodaya Economic Enterprises Development Services (Gte.) Ltd. (SEEDS) and Sewalanka Foundation Ltd. SEEDS and Sewalanka Foundation assist rural poor grassroots communities (including those affected by the tsunami). Their aim is to improve economic livelihoods by providing microfinance loans and associated business development assistance in order to ensure communities effectively utilize the loans to establish sustainable income generating activities. IDLO s work with SEEDS and Sewalanka Foundation was designed - to strengthen the understanding of tsunami affected communities of laws which have a direct or indirect impact on livelihoods and rights and obligations as consumers of micro-finance loans. SEEDS and Sewalanka Foundation expressed that, their work would be more effective if it includes a component on laws and legal issues relevant to the provision of microfinance and the establishment of sustainable income-generating activities. Therefore, IDLO has provided training and technical assistance to SEEDS and Sewalanka Foundation staff and their clients on laws and legal issues such as; business law, microfinance/ credit law, contract law, employment law, and consumer protection law. IDLO is providing SEEDS and the Sewalanka Foundation with the ability to provide legal assistance to their clients and to improve rural communities knowledge of laws and legal issues relevant to the provision of microfinance and economic livelihoods so that their income generating activities are operated in a legal and sustainable way. 4
Training workshops under Livelihood project From February to May 2007, IDLO conducted four ToT workshops for SEEDS and the Sewalanka Foundation on the Legal and Regulatory Aspects of Microfinance and Livelihood Development Interventions. The workshops provided training for SEEDS and Sewalanka Foundation staff and developed their in-house ability to conduct training workshops on micro-finance and livelihood/ business development, for their own staff or Community Based Organization members. Local external resource people (mainly all lawyers or experts in their respective field) attended the workshops and provided support to the new trainer. The curriculum included lessons on their rights and obligations under contract law, labour law, business registration, consumer protection, and others. The workshops provided tools for individuals and communities to develop their economic livelihood through adherence to the rule of law, and therefore, escape the cycle of poverty. Training Manuals On 26 October 2007, training manuals were handed over to SEEDS and the Sewalanka Foundation. Two separate training manuals were developed for SEEDS and the Sewalanka Foundation trainers, to facilitate the effective and consistent implementation of the above mentioned grassroots level training workshops. The manuals were prepared by IDLO with consultation from outsourced experts in collaboration with the partner organizations. The information for the manuals was derived from the first level of training workshops. The training manual for the Sewalanka Foundation was prepared in English and translated into both Sinhala and Tamil languages. In a bid to ensure the sustainability of the project, legal training received under the Project will be incorporated as a major component of both SEEDS and the Sewalanka Foundation s future training programs. Ms Katarina Woodrow, Legal Consultant, IDLO Colombo, handing over the manual to Mr Emil Anthony, Deputy Managing Director, SEEDS. Grassroots level workshops conducted by SEEDS and Sewalanka Foundation trainers who were recipients of IDLO training-of-trainer programmes. Mr Dinseh Kanagaratnam Chief of Party, IDLO Colombo, handing over the manual to Ms Thushari Hewapathirana, CEO, Sewa Finance. 5
Training Workshops for Lanka Microfinance Network. IDLO provided funding and assistance to coordinate several training workshops on Legal Aspects of Microfinance for members of the Lanka Microfinance Network. Three workshops, consisting of 2 days of training, were conducted between November and December 2007 in the Colombo, Anuradhapura and Hambantota Districts. The workshops were coordinated in cooperation with officers from Sarvordaya Economic Enterprise Development Services (Gte.) Ltd. (SEEDS) for the Microfinance Network members. The workshops were aimed at building the capacity of Network members to ensure the development of successful, legal small businesses in Sri Lanka. The topics included microfinance loan documentation, insurance, loan recovery, microfinance loan contracts, labour law, consumer protection, and the role of the Consumer Protection Authority in protecting consumer rights. IDLO resource persons for the workshops included the President of Court No. 1 of the Labour Tribunal, the Director of the Consumer Affairs and Information Division of the Consumer Affairs Authority of Sri Lanka, Senior University lecturers, and a Credit Risk Analyst from the PABC Bank. 3. Seminars and Training Norwegian Refugee Council (NRC) Mr Dawdeen (third from the left), Legal Advisor for NRC s ICLA clinic in Puttalam was one of two NRC staff members to attend an IDLO course in Rome. From 10-21 S e p t e m b e r 2007, two legal advisers from NRC s Information, Counselling, and Legal Assistance and Advocacy Program attended a seminar at IDLO headquarters in Rome on legal issues relating to the economic empowerment of women. The two NRC lawyers were selected because they had developed a substantial practice dealing with gender and economic rights/entitlements in their respective offices. Feedback from the NRC participants was very positive; they noted that it was useful to share experiences and knowledge with other international lawyers and policy experts on issues similar to those experienced by women in Sri Lanka. Central Bank IDLO funded the participation of two Assistant Directors of the Central Bank of Sri Lanka to attend a seminar in Beijing, China from September 17-28, 2007 on Law into Action: A comparative Analysis on Legislation & Regulatory Policies. The central bank personnel were selected in a bid to include state regulators as Sri Lanka is one of the first countries along with India to endeavour to implement a Microfinance Act. Dinesh Kanagaratnam, Chief of Party, IDLO Colombo, addressing the participants during the opening session of the Lanka Microfinance Network workshop. Ms P.A.D.K.S. Ariyasinghe (second from rights), Assistant Director, and Mr N.R. Wickramasinghe (third from right), Senior Assistant Director, Central Bank of Sri Lanka who attended the IDLO course in Beijing. 6
4. Guidebooks Launch of Guidebooks on Children s Rights and Economic Livelihoods Development in Sri Lanka On 14 September 2007, IDLO officially launched the two guidebooks titled Guidebook on the Rights of the Child in Sri Lanka and Legal Aspects of Small Business and Economic Livelihoods Development. Both guidebooks were developed in response to community issues identified through the Post-Tsunami Legal Assistance Initiative. The guidebooks were officially handed over to its partners; the Legal Aid Commission (LAC), Sarvodaya Economic Enterprises Development Services (Gte.) Ltd. (SEEDS) and the Sewalanka Foundation at the launch. Representatives of each partner organization noted in their acceptance speech that these guidebooks are an excellent practical support tool for their respective projects. Invitees at the official launch included all IDLO partners (SEEDS, the Sewalanka Foundation, Sewa Finance, Legal Aid Commission, NRC), Sri Lankan Government agencies (Central Bank of Sri Lanka, Ministry of Foreign Affairs), Foreign Embassies, members of the Sri Lankan Judiciary, national and international organizations (World Bank, GTZ, Canadian International Development Agency), members of the IDLO alumni organization, and IDLO staff. The official guidebook launch was widely advertised in Sri Lanka and received favourable press coverage. The GTZ Network, the Consortium of Humanitarian Agencies Network and the Lanka Microfinance Network advertised the event on their websites, the event was shown on local news television broadcasts, and news articles were published in the local newspapers. Invitees collecting a copy of the Guidebooks. Mr Dinesh Kanagaratnam, Chief of Party, IDLO Colombo, handing over the Guidebook on Legal Aspects of Small Business and Economic Livelihoods Development to Dr Sunil Liyanage, Director of Training, SEEDS. Mr Dinesh Kanagaratnam, Chief of Party, IDLO Colombo, handing over the Guidebook on the Rights of the Child in Sri Lanka to Mr S.S. Wijeratna, Chairmen, LAC. IDLO Colombo Project office team. From Left: Ms Anushka Rajapakse Intern, Ms Upeksha Sapukotana Intern, Mr S. A. Kumara Office Assistant, Mr Marimuthu Thirunavukarasu Programme Manager Legal, Mr Manoak Prashanna Finance and Administration Assistant, Mr Miles Young - Manager IDLO Post-Tsunami Legal Assistance Initiative, Mr Mohamed Faiz Finance and Administration Officer, Ms Katarina Woodrow Legal Consultant, Mr Dinesh Kanagaratnam Chief of Party IDLO Colombo, Ms Sri Rajendra Rajah Gayathri - Programme Support Assistant, Ms Harshini Ranasinghe Media & Communications Officer, Ms Sunanda Jayaseka - IDLO Alumni Association Mr Dinesh Kanagaratnam, Chief of Party, IDLO Colombo, handing over the Guidebook on Legal Aspects of Small Business and Economic Livelihoods Development to Ms Thushari Hewapathirana CEO, Sewa Finance. 7
Guidebook on the Rights of the Child in Sri Lanka The Guidebook on the Rights of the Child in Sri Lanka, addresses laws and legal issues relevant to tsunami-affected children and the protection of children in Sri Lanka. It is a Guidebook on Legal Aspects of Small Business and Economic Livelihoods Development resource designed for use by the Government (including the Department of Probation and Child Care Services and the Police), non government practitioners who work with children or deal with children s rights and community members who are entrusted with the protection and promotion of child welfare. The Guidebook was translated into Sinhala and Tamil languages for the purpose of wide distribution to individuals and organizations that work with children, and will be available in November. The Guidebook will also be distributed among participants of the legal training workshops of the LAC, which were coordinated in collaboration with IDLO. The Guidebook, the first of its kind in Sri Lanka, has received extremely positive feedback. As part of a collaborative effort, IDLO provided legal training to over 400 SEEDS and the Sewalanka Foundation staff and clients, with priority given to those working or living in tsunamiaffected communities. The Guidebook, entitled Legal Aspects of Small Business and Economic Livelihoods Development, is a compilation of the materials used during this training. IDLO anticipates that the Guidebook will be a practical and useful reference tool, especially for communities seeking to rebuild their economic livelihoods in a legal and sustainable way after the tsunami. The Guidebook is designed for the general public, especially those from the disadvantaged and poorer sections of the community, and is therefore, written in a way that is easily understood and accessible. The project office receives regular phone calls from people giving positive feedback about how comprehensive and useful the Guidebook is, and placing orders for more copies. The Guidebook was translated into Sinhala and Tamil and copies were published and distributed island-wide from mid-november through the SEEDS, Sewalanka Foundation and NRC field offices. IDLO Sri Lanka Project Office would like to express its sincere and heartfelt appreciation to its partners, other organizations and individuals that have worked with IDLO in Sri Lanka over the past 18 months, for making the Post Tsunami Legal Assistance Initiative a success. Any further queries regarding the projects or activities of the IDLO Sri Lanka Project Office, or the IDLO Post-Tsunami Legal Assistance Initiative, can be directed to the IDLO Headquarters or the Asia Pacific Regional Center, whose addresses are listed on the back cover. Compliments of the season and a Happy New Year from the team at the IDLO Sri Lanka Project Office! 8
Established in 1983, the International Development Law Organization (IDLO) is an international inter-governmental organization dedicated to promoting the rule of law and good governance in developing countries, countries in economic transition and those emerging from armed conflict. IDLO initiatives aim to: facilitate the use and improvement of legal resources in the development process promote sustainable development and enhance security and access to justice by strengthening regulatory and judicial systems assist in the improvement of procurement and negotiation capabilities in the areas of development cooperation, foreign investment, international trade and other international business transactions Since its establishment in 1983, IDLO has worked with more than 17,000 lawyers, magistrates and officials from approximately 176 countries. IDLO has its headquarters in Rome, Italy and Regional Offices in Cairo, Egypt, covering Arabicspeaking countries and in Sydney, Australia, covering the Asia Pacific area. IDLO currently operates Project Offices in Afghanistan, Indonesia and Kyrgyzstan. IDLO is funded by contributions from its 18 Member States and other donors. IDLO Alumni Association in Sri Lanka IDLO creates a global network of local institutions and legal professionals by identifying and providing opportunities to legal professionals to participate in IDLO annual course programs. These professionals trained by IDLO have set up the Sri Lanka Alumni Association since 2004. The Alumni Association is a self sustaining local institution that promotes the rule of law and good governance through training and technical assistance on a local level. The association conducts training programs, holds conferences for lawyers, judges, parliamentarians, and civil society organizations in order to build an enabling legal environment for the attainment of human rights, social and economic development. The IDLO Alumni Organization will continue to operate in Sri Lanka even though the project office comes to a close on 31 December 2007. IDLO Alumni Association No 12 Gower Street, Colombo 07 Sri Lanka Tel :+94 (011) 5015948 Fax :+94 (011) 5015947 aaidlo@yahoo.com 9