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Return Home?
Sampur last weekend and highlights what we term the Sampur Model, its
implications for communities, post-war reconstruction and reconciliation,
and identifies areas requiring urgent attention and action.
The Sampur Model
In essence, the Sampur Model demonstrates how the rights, needs and
concerns of local communities have been completely ignored and how laws
have been disregarded in the name of national security and development.
Situated on the southern tip of the Trincomalee Bay, Sampur is an area hard
hit by the civil war. It was also the first area that was captured by the
military from the LTTE following the resumption of hostilities in 2006,
leaving in its wake displacement and devastation. Nearly nine years later,
an estimated 950 families are still unable to return to their lands. During
this period, countless promises have been made by political actors to return
people to their lands. The last such promise was in the lead up to
presidential election, when a person claiming to be a coordinator of Namal
Rajapaksa, son of former President Rajapaksa, promised to return them to
their lands if they voted for the then incumbent. A similar promise was
made in the 2010 presidential election. As to whether there will be a shift in
policy in how the State treats the people of Sampur will be a key test for
how this current government approaches multiple inter-linked issues
relating to peace and governance.
Both security and development have previously been cited as reasons as to
why people cannot return and reclaim their land in Sampur. In May 2007 the
Government declared the area a High Security Zone (HSZ) under
emergency regulations, thereby preventing the return of roughly 12,000
residents to their lands. There were efforts to challenge, including through
the filing of fundamental rights petitions in the Supreme Court by four
affected persons and the Centre for Policy Alternatives (CPA). The argument
of national security however thwarted any space for discussion and was
used as a reason to sidestep the issue of rights and responsibilities. In
October 2008 the Government announced a shrinking in the Sampur HSZ
from 11 grama niladhari divisions to 4, allowing around 8,000 persons to
resettle.
With the lifting of emergency in 2011, officially at least, there is now no HSZ
in Sampur or elsewhere in Sri Lanka but the lived experience is contrary.
The military continues to reside in, and restrict and control access to the
area. Allegations have been made that some of the land in Sampur may
end up being utilised by the military for recreational and business purposes
such as a golf course and a hotel, in addition to cantonments, raising
doubts as to the real motives behind the officially cited reasons for
restrictions.
In May 2012 an area within Sampur was demarcated as a Special Zone for
other plans at play for the use of the land. Despite repeated high profile
interventions including by cabinet ministers from various political parties in
the previous government, access was denied.
In August 2014, fishermen out at sea noticed the ancient mosque being
torn down by the security forces. This demolition took place in a national
context where anti-Muslim hate had reached a crescendo and accusations
of apathy and even complicity were leveled against government and state
actors. Ten days before the presidential election community members were
invited to visit the site where they discovered a temporary structure built
where once the mosque stood. The ziyaram continues to be off limits. We
saw the temporary mosque when we visited the site and heard from the
locals of the unfairness of the situation of the inability to access and live on
lands they consider their own. This is despite the community having official
documents to prove its history and the ownership of the land.
Although restrictions on access to certain areas are lifted, we were informed
and witnessed ourselves of the Air Force occupying a section of the beach.
Similar restrictions on access and occupation of land are to be found in
other areas including in Marble Bay where an Air Force run hotel operates
on a land reportedly belonging to the Church. We were informed no legal
acquisition has occurred and some landowners around the area are
presently challenging the illegal occupation in court. As in the case of
Sampur, local residents and land owners expect a shift in policy including
how they have been treated over the last few years.
Transitioning from War to Peace
This current moment offers a critical opportunity to address a multiplicity of
issues and could prove crucial in longer-term processes of state reform,
equitable and sustainable developmentand peace in Sri Lanka. Both the
Sampur and Karamalaiootru cases are locked into debates of national
security and development but it is important to unpick these issues and not
sideline other aspects to these cases including those relating to rights,
justice, public consultation and participation. Affected communities in the
area raise the valid question as to why security restrictions crop up after
the end of the war preventing them from accessing lands that happen to be
stunningly beautiful.
It is timely to address issues of national security, development, tourism and
its benefits for the people. As a part of the re-orienting from war-time
security to peace-time, shifting away from large scale military occupation is
important. This would require reviewing the existing situation and
approaches to ensure the maintenance of law and order and strategic
interests but balancing this with community rights, needs and sensitivities.
Principally not viewing the local population merely as a threat to national