It is a cause for regret however, that both the government and the donor community have failed to coordinate this assistance and channel this global public support in the best interest of the affected people. While the decision making process of the government as well as the efficiency, transparency and fairness of the government machinery have come in for serious criticism, the donor and the NGO have added to the confusion by their inability to coordinate with the government and with each other, and for their own lack of transparency.
A case in point is the introduction of restricted development zones in almost all countries affected by the event. In Sri Lanka a 100 to 200 meter no construction zone, (100 meters in the more densely populated South coast and 200 in the North East) from the mean high water line has been imposed within an overall proposal for a kilometer deep development zone along the 260 km long coastal belt around the Island. The coastal areas in Sri Lanka are better connected with main transport networks and are better serviced, making them more densely populated reflecting the ribbon pattern of development characteristic of human settlements in Sri Lanka. As such, the 236 km. belt round the Island is estimated to include nearly 25% of Sri Lanka's population. The 100 meter development setback within the zone will include an extent of over 2600 hectares. On the assumption that in most populated areas penetration of water did not exceed 500 meters, and the main arteries ran closer to the beach, the imposition of the zone will prevent nearly 30 of the affected population from returning to the land, requiring the construction of nearly 30,000 new houses for rehousing them. Since the fisher families and informal settlements were closer to the coast,a large number of the persons affected by this setback are believed to be the poor,
There is general agreement that the post tsunami rehabilitation should be conflict sensitive, and should avoid rebuilding poverty and existing vulnerabilities. As such there is a need to voluntarily resettle a smaller percentage of those affected who were living in hazardous areas exposed to natural disasters and in areas harmful to the nature such as the river banks, reclaimed marginal and low lying lands, and in areas threatening the beaches, estuaries and the mangroves. However, in the post tsunami planning phase, the decision to indiscriminately apply a general set back of 100 meters has become controversial with strong differences in opinion amongst the politicians as well as the professionals. On the other hand, the affected persons have been unanimous in their opposition to the decision, in view of its impact on their lives, resulting from delayed resettlement, loss of asset value of their mostly private owned beach properties, loss of social capital, and displacement from their cultural roots and their location centred employment, such as fishing, carpentry, fibre industry etc.
A new act passed by the Parliament has given the provision force of law. The enforcement of the provision however has few more legal obstacles to clear in view of the international covenants governing IDPs of which Sri Lanka is a signatory. Further, Sri Lanka judiciary has interpreted 'alternative accommodation' setting strict guidelines and conditions that should be met relating to space, physical and family needs of the affected person, which makes it difficult for a large house building programme to follow. In the particular situation the beneficiaries who will be resettled involuntarily, as it would be in the case in Sri Lanka, the decision could go up for legal review.
Given the current political environment and the institutional capacity both sustainability of the decision and the capacity of the government machinery to enforce the setback are in doubt. The issue has already been heavily politicized with a clear possibility of a future government reversing it, leading to a huge waste in public investment. As enforcement capacities of the government has demonstrated in the past, (a set back from the high water mark on the coast was already available in various legal documents and plans) the government machinery lacks the capacity to implement a country wide setback or to enforce even desirable planning standards in the area earmarked for controlled development. A bigger question will be the equity, as with time exemptions are likely to be made for foreign and local investors, making the poor the final victims of the decision. Already the exemptions made for tourist hotels and related businesses are far more favourable than for people who had lost their housing.
In addition to the huge new investment and management effort associated with an undertaking of the scale to build new houses and their amenities, the set back will deprive the nation of the potential savings from building on what is left of existing structures. The economy will also suffer the loss of market value of land debarred from development. The land so lost will have to be replaced with the opening of new lands for housing including conversion of forest land, change of use of land presently under agriculture and reclamation of marginal land, countering to some extent, the pro environment arguments that supported the decision for a no development zone in the first place.
Housing represents by far the most valuable family asset lost by the affected families. For most of them it also represents the asset they most want to repossess with least possible delay. Majority of the houses lost were in traditionally settled land where people owned their own houses and lived in neighbourhoods with deep cultural roots. This combined with the urge to return to the land to escape the dehumanizing conditions of living in welfare centres, provided all the necessary ingredients for promoting a people's process to housing which experience the world over has shown is the fastest way to recover the lost housing stock. Sadly, lack of vision, failure to consult the affected and ill informed decisions by authorities, have resulted in increased bureaucratic involvement, inefficiencies in delivery and heavy social costs. As such, a great opportunity for rapid and participatory recovery and reconstruction after tsunami is being lost, when the need of the day is to make the time taken for recovery as short as possible..