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
27/06/2005
Agreement status
Multiparty signed/agreed
Agreement/conflict level
Intrastate/intrastate conflict (Sri Lankan Civil War (1983 - 2009)
The roots of the Sri Lanka conflict lay in British colonial policy which controlled the island from 1802 until 1948. During the early 1800s, the British brought Tamils from mainland India to work on the various plantations for tea, coffee and rubber, changing Sri Lanka's the demographic make-up. Upon independence, Sinhalese nationalism dominated the political sphere and introduced discriminatory policies against the Tamil minority straining relations and sparking protests. Armed Tamil resistance first came in the form of assassinations of moderate Tamils and opposition politicians in the mid-1970s. However, it was the Liberation Tigers of Tamil Eelam's (LTTE) attack on checkpoint Four Four Bravo, which marked the turning point, sparking pogroms against Tamils in Sinhalese majority areas. This incident, known as Black July, is widely considered to the beginning of the civil war.

The first round of peace talks were backed by India, which had deployed the Indian Peace Keeping Force (IPKF) in 1987, and led to the 1987 Indo-Sri Lanka Accord. The Accord was successful in persuading the majority of insurgency groups to lay down arms. However, the strongest Tamil insurgency group, the LTTE, was not party to the talks and refused to disarm, sparking direct conflict between the IPKF and the LTTE until IPKF withdrawal 1990. Following the withdrawal, the LTTE consolidated their power in the North and East sparking another intense and bloody war with the central government that lasted until 2002 when another peace process was launched under the auspices of Norwegian negotiators. The second round of peace talks, however, only continued until April 2003 and in March 2004, a large faction of LTTE cadres split from the main organization damaging LTTE unity. The LTTE were defeated militarily by a large-scale government assault in 2009, however, the conditions for peace remain uncertain.

Sri Lankan Civil War (1983 - 2009) )
Stage
Framework/substantive - partial (Core issue)
Conflict nature
Government/territory
Peace process
124: Sri Lanka LTTE 2000s 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.

Agreement document
LK_050627_P-TOMS.pdf

Main category
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.

Women, girls and gender

Participation
Effective participation
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.
Equality
Equality (general)
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.
Particular groups of women
No specific mention.
International law
No specific mention.
New institutions
No specific mention.
Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
No specific mention.
Development
No specific mention.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh