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June 2005

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The government signs the Post-Tsunami Operational Management Structure (PTOMS) agreement with LTTE for the rehabilitation and reconstruction of the tsunami-affected areas in the Northern and Eastern provinces. The LTTE to share the responsibility to administer US$3 billion in aid. The JVP party pulls out of the coalition in protest; vows to legally challenge the agreement.

Sources
Sri Lanka tsunami aid deal signed, BBC, 24 June 2005; S. Lanka government nears collapse, CNN, 16 June 2005

Extracts from PTOMS agreement
Memorandum of Understanding for Establishment of a Post-Tsunami Operational Management Structure
Preamble

WHEREAS in recognition of this urgent humanitarian need and in a spirit of partnership, the Government of Sri Lanka (the “GOSU) 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

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

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.

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;

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.


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.

Related events
15 July 2005

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