The author identified four dominant themes that seriously impact on the sustainability of resettlement in the Batticaloa district. These are:
1. Lack of consultation and clarity
2. Lack of Preparedness and Planning
3. Restriction of Access and Mobility
4. Protection Concerns of the Displaced and Resettled Communities
Having looked at the first three themes in the first part of this article (published in the last issue), the author now turns to the fourth theme.

4. Protection Concerns of the Displaced and Resettled Communities
The climate is clearly one of fear and uncertainty. The general view held by communities and agencies is that the constantly changing politico-military dynamics of the East (with the split in the TMVP and Pillayan seizing control), has created an atmosphere of tense unpredictability. The Government, it appears, is keen to get political legitimacy for the paramilitary group.

Tension is rife as the number of clashes within the TMVP is increasing. There is de facto control of the district by key TMVP commanders with shifting loyalties and uneasy relationship with the military and police at the ground level. After the latest intra-faction truce and according to their internal structure it appears that Pillayan now directly controls the areas between Arayampathy and Chenkaladi including the Batticaloa town while other commanders like Sinnathambi, Veera, Riyaseelan, Mangalan master and others control their own patches of territory in the district. There is a palpable fear among communities and space for civil administration, human rights and humanitarian work is alarmingly shrinking.

This is obviously evident in Batticaloa. On the day of the ‘public’ meeting held by the TMVP (10th of December 2007) groups of civilians – including the displaced – were rounded up by armed cadres and forced to attend the meeting (which was a joint exercise by both Pillayan’s faction and Karuna’s commanders).

At approximately 8:20 a.m. around ten/twelve armed cadres were seen herding people into CTB buses in Alankulam on the Colombo-Batticaloa Road within sight of the police and army who stood by. This was repeated during the course of the day throughout Batticaloa – people were taken from Kovils, resettled villages and even bus stations. 12 bus-loads of people – including the recently resettled were taken from Vaharai and 7 buses taken from the Badulla Road area (Batticaloa West).

A meeting was held the day before in Pankudaveli (Batticaloa West) where the TMVP ordered that one member from each family must attend the public meeting. There are frequent reports of abduction and extortion by TMVP cadres. The construction industry in the district is one of the prime extortionary target and even the Government schemes like the world-bank funded housing program seems not to have been spared.

Normalcy and durable and sustainable resettlement cannot happen as long as the Government turns a blind eye to the climate of fear, insecurity and terror created by the different TMVP factions of what was the Karuna Group. They carry arms in public, have offices where they summon, inquire and detain civilians as they wish. They have forcibly taken over private property and set up offices across the district and have even begun setting up more fortified establishments by the main road as in Maavadivaembu. They engage in joint cordon and search operations with the security forces (though this is more prevalent in the Ampara district than in the Batticaloa district) all in broad daylight and in complete cooperation of the Government forces.

Given the overwhelming physical evidence in the district, bland denials may not absolve the Government of complicity. The Government must be held accountable for the violations of the TMVP/Karuna/Pillayan group who are roaming freely with arms and are engaged in serious violations including abductions, intimidation and extortion.

The situation is worsened by the increasing tension between the Muslims and the Tamils within the District (in Arayampathi, Eravur and Valaichenai in particular). Rumours that Pillayan is supporting Muslim armed groups in order to win favour is rife and the security situation is deteriorating with the recent abductions of Muslims – including recently that of businessman Hassanar-Hayathu Mohamed from Eravur.

The general sentiment is that the tension amongst the two communities will worsen before it gets better, particularly given the impending elections. It is widely felt that in this dimension the situation is much worse in Amparai than in Batticaloa. The impending elections will only help bring these destructive trends to the forefront as ‘democratic politics’ in the ‘liberated’ land.

Before the split within the TMVP, families faced a clearly defined enemy, though with a loose command and control structure. Now, with many commanders vying for control, families face the dilemma of whom to suspect or even to turn to. Before the split, the TMVP acted as a sort of ‘buffer’ between the LTTE and the Sri Lankan military. Now, even the agencies are unsure of whom to contact and communicate with when faced with complaints of abductions and harassment.

This also means that because of the presence of various factions and increasing confusion, responsibility can be easily shifted. So it is of little surprise that despite the publicised resettlement plans of the government, the culture of impunity and sense of lawlessness is widespread throughout the district. The security situation some people opined is worse for the communities now than before when you had predictable sources of threat with predictable reactions in predictable geography. Space for public gathering and advocacy is severely limited and fear, mistrust and insecurity is widespread and worsening rapidly.

‘Protection’ is an essential component of any resettlement intervention – most of the community members rank this as one of their top concerns. There is reluctance on the part of the government to accept a role for agencies in this sector in the same way as in shelter, water and sanitation and livelihood. Hence it has been very difficult to include this as a separate section in the resettlement plans.

Agencies, primarily with protection mandate have not been provided access. It was an uphill struggle, agencies reported, to get protection elements incorporated into the Government’s resettlement plans – ‘it was taken to the CCHA but don’t know what happened thereafter’. Given the extent of violations reported from the resettled area it is absolutely essential to ensure that ‘Protection’ gets headline attention as a separate sector in its own right.

The CCHA was necessitated because every issue in the areas had a security angle and a mechanism to include key decision makers from the security establishment was considered a good idea. But it appears as if the accommodation has gone to the extent to render the mechanism ineffective for immediate problem solving for operational purposes. The CCHA’s credibility as a useful body for solving protection concern is under threat.

The following in brief are some of the ‘Protection’ concerns that were repeatedly mentioned in the district.

• Abductions and forced recruitment
Abductions and disappearances are still occurring – and are on the increase by TMVP, both Pillayan and Karuna groups. As Pillayan seized control of the TMVP ‘at least 25’ abductions within and around the district were recorded although Pillayan did release a number of the underage cadres. For November, there have been a total of nine cases of recruitment and re-recruitment alone.

There have also been a number of complaints of forced recruitment and re-recruitment committed by the various commanders within the district. However, it must also be noted that most incidences of abductions and disappearances go unreported – there is a real fear of retribution if families complain to agencies. In the absence of any action taken by the military or the police who stands by as this continuous to occur, there is hardly anyone to whom the people could go to.

• Harassment and intimidation
Reports on harassment of IDP camps by the TMVP continue. The IDP camps in Palacholai and Savukaddy have been repeatedly harassed by armed groups at night – the former having a TMVP camp within close proximity to it. The displaced have been told not to go out after 7:00 p.m. at night – a clear indication that intimidation continues to play a significant role in the TMVP’s modus operandi. In November, one IDP was shot in Savukkady – a camp that has been repeatedly harassed by TMVP since as early as February.

• Harassment and intimidation of humanitarian workers
The overall climate for humanitarian work is gradually deteriorating. The morale of the staff is down given the number of killings and abductions in general of humanitarian workers island-wide. It is also sad to note that the malicious attacks on UNICEF etc at the national level and the lukewarm response of the agency is affecting the confidence levels of the staff in several humanitarian agencies in the ground. It has a ripple effect on the community who consider these organisations as having some clout to intervene on their behalf. Given the way the humanitarian community is responding to attacks – both physical and in the media – their credibility and relevance is taking a severe beating.

The security of national staff is a serious concern – even those handing out shelter material have been subject to threats. A driver from an agency was severely beaten up by personnel (who flashed ID badges) for overtaking their vehicle in early December. There have also been incidences of the STF stopping agency vehicles and asking for lifts. Intimidation of staff is a regular occurrence with unnecessary checking of vehicles and overly-stringent checking procedures at checkpoints.

• Looting
Looting of shelter material in the camp coincides with the mass returns. Most of the shelter material is re-used in the return areas and the continuous looting hampers agencies’ work. 6000 roof sheeting of UNHCR’s have been stolen to date and despite repeated complaints to the police, they fail to take any action. The GA had confirmed that security for the camps will be provided before and during the resettlements but to date, no police have been sent to the area. In all, 6700 roofing sheets which could have built 490 shelters for returnees have been stolen.

The inaction of the Police demonstrates the sense of lawlessness that permeates throughout the district. They know that looting coincides with returns but do not man the camps at nights. It is clear that the government needs the help of agencies working on the ground to execute an efficient and timely response – but this must be a symbiotic relationship. The government mechanisms must help and cooperate with agencies in order to implement an effective humanitarian response. This is clearly not happening in Batticaloa.

• Militarization of Return Areas
In Vaharai, the active presence of the military, the CID and the police in addition to TMVP cadres who are now occupying the Kadiraveli base formerly of LTTE, is sustaining fear and a militarised climate. Regular checks in the villages are made by all three groups – often asking the same questions and checking the same things. It is clearly uncoordinated and confusion is commonplace. Regular visits made by armed personnel is clearly intimidating and a harassment to communities trying to achieve some semblance of normalcy in their lives. Round-ups are on the increase throughout the district.

In Vaharai, the military maintains that they have identified who the LTTE supporters are and have proceeded to round up these suspects – including women, and photograph them with special IDs. These photographs are then circulated and the suspects are immediately called when any suspicion arises. The procedures of military and police differ from one another causing more confusion.

In Batticaloa West, after each return, there is an intense period of searches and round-ups – and in some incidences, the military have been accompanied by the TMVP. Once the entire return ‘process’ has finished, the newly resettled are often subjected to nightly checks by the military. Suspicions of LTTE connections is widespread (in Karadiyanaru and Pankudaveli for example) and the ‘culprits’ are arrested. Once released after interrogation, many are unwilling to go back to the village fearing further harassment. There is a gradual tick of ‘incidents’ allegedly by LTTE infiltrators in the area which threatens to take the situation in a downward spiral.

There have also been incidences of military harassment. For example, in Karadiyanaru, on the 11th of December, a father was beaten up when defending his daughter who was questioned about her and her husband’s previous ties with the LTTE. In Vavunatheevu and Paddippalai, there have been complaints of harassment of women returnees by the military. A number of women are left alone in their shelters as men go elsewhere to look for work.

Visitors staying overnight in both West Batticaloa and Vaharai are told to register themselves with the Police – or else face ‘severe consequences’. This includes construction workers and masons. An ordinary casual labourer looking to eke out a living through daily labour has to get a recommendation from the Grama Sevaka of his village endorsed by the Divisional Secretary of his division and can work only in projects of agencies that have been approved by the Government Agent and cleared by the Divisional Secretary.

In case of house construction the beneficiary family has to take the mason to the police and register him with them attesting to the fact that he is working on their house. For an agency building houses through 8-10 teams of masons with about 40 workers this can mean a logistical night mare. Frequent delays of construction work and permanent housing is now commonplace due to the tedious paperwork.

• Mine Clearance
Communities have been resettled in areas where demining has not yet been completed. Vavunatheevu for example has not been completely cleared, yet families have returned to the area. Surrounding agricultural land has not been demined and farmers are restricted from cultivating their lands. This problem is also common in Vaharai where resettled villages have been cleared but reportedly not its surrounding jungles – making fishing, gathering firewood, bees honey and other means of livelihood virtually impossible.

Since March, over a 100 UXOs have been found by communities – including in resettled areas. Villages in Kopaveli and Marapalaam have discovered UXOs and claymores – both newly resettled areas. There is a general atmosphere of confusion as agencies are given mixed information as to which areas are cleared and which are contaminated. According to the Batticaloa DS some areas have not been cleared and so, access is restricted – yet according to FSD and MAG, these areas have been de-mined.

Delays in clearing areas and delays in procedures to obtain landmine clearance certificates have now become a regular excuse for restricting movement and access to both civilians and humanitarian actors. While the real threat exists in some areas, in some areas people believe it is being used as an excuse to restrict mobility. Either way it is incumbent on the Government to clarify.

• Echilampatthu
Although not in the district, a protection situation in Echilampatthu must be highlighted. On the 3rd of December 17 people from the newly resettled villages were arrested on suspicion. 4 individuals were killed in 3 days (between the 3rd and the 5th of December) by unknown groups and 2 people severely beaten. The 60-odd (and increasing) resettled families fled the area and came back to Vaaharai. But due to some reason they are yet to be registered as IDPs by the authorities. Until then, they will not receive any government assistance and are subject to frequent checks and round ups. Many have again returned to Echilampatthu out of harassment and for fear of being arrested. While in Colombo it is clearly stated that registering as IDPs is not a problem, the reality in the ground was different.