Helping them survive the trauma

By Meg Williams

Anyone who read last week's cover story in The Sunday Times Plus titled "Give us our dues" may have been left despairing that so little is being done to help those who have suffered horrifically from the war. This report on a team called Survivors Associated may rekindle some hope. S.A is a counselling force working to alleviate trauma and destitution in and around some of Sri Lanka's most intense areas of conflict.

Founded in 1996, its last two years of expansion have benefited from financial aid from Aus AID ( an Australian Embassy development programme) and 'Helvetas', a Swiss funding agency. Donations from these and other generous organisations have helped S.A to launch itself into positive assistance within six critical areas. These are Pottuvil, Vavuniya, Valaichchenai Mannar, Kalmunai and Trincomalee/Vanni.

Most of the workers are trained by S.A in the years directly following their A'Levels. Perhaps the root of this group's success and sensitivity to locally specific needs lies in the fact that all of S.A's field officers, counsellors and 'befrienders' (less qualified care-workers), once trained on neutral territory in Kegalle and Kurunegala, go to work back in their own communities. With the help of village elders or community leaders, they start to select destitute people who they then try to help regain the will to live.

V. Rageswary, a twenty-five-year-old woman from Arippu, Mannar saw her husband shot dead in front of her. She was so traumatised by this that she was unable to feed her infant son. She did not care for her baby and the child was neglected. She also developed an inferiority complex and had bitter feelings towards everyone.

At this time S.A befrienders visited her and showered her and the baby with love and affection. Gradually her stress symptoms began to reduce, she put her past behind her and courageously looked to the future by taking up work. Now with S.A financial assistance and training she has overcome her situation and is able to stand on her own feet.

However there is no self-congratulation on the part of its leaders. The drive behind the organisation is one of integrity and understated heroism on the part of all its participants - so much so that S.A's founder and leader preferred to go un-named in this article.

"That is not what it's about," she says, "neither is our priority with the people we train so much as it is with the people affected by the people we train." This number so far includes four hundred and fifty war-widows and a multitude of children suffering from post-trauma psychological disorders. This is a small but significant number of the most extreme individual victims of the war.

S.A is cautious not to spread itself too thin and fast, thus at present its administrators concentrate on consolidating the programmes in the six remote areas that are already in progress. However, when all are accounted for the positive network already established is impressive.

Obviously the better trained the young recruits are, the more successful they will be. So with recent additional funding three counsellors have been selected to go to Vellore in southern India where they will do an advanced therapy course after which they will be able to further advise their colleagues.

War-widows' most common problems arise from having no money for food and no means or skill with which to earn money. S.A. therefore provides business workshops once the initial period of grief and helplessness has been sufficiently overcome. Here widows are trained in a small enterprise such as poultry or goat- rearing, rice selling, mat weaving, or establishing a small shop. Through a system of revolving credit loans they are given enough money to get themselves going.

Results naturally vary from place to place. A twenty-six-year- old called Reuben who has been working with families in the Jeeudayan refugee camp and Rizana, 20, whose main job is running a school for deaf children in Pottuvil are two of the workers whose achievements are described by the S.A. leader as "spectacular".

Although their work is, relatively speaking, just a small medicinal drop in an ocean of neglected and desperate individuals, it is a potently curative drop at least. But we cannot depend on the heroism of Sri Lankan NGOs such as Survivors Associated blessed by foreign funding as it is, for any radical improvements to occur. To restate the hope of last week's article, the government must take responsibility for their forgotten people and "give them their dues".

Law and Citizen

A tenant or lessee?

By Dr. C. Ananda Grero

A land belonging to Citizen Aranolis Silva was given on a non-notarial document as a lease to Citizen Sirisena for 10 years. The document which was not attested by a Notary Public laid down a few conditions namely, that Sirisena could construct a building on the land and during the lease period he could occupy this building. It also stated that he should pay a ground rent of Rs. 200 per month to the lessor, Aranolis. Sirisena should also vacate the land and the building at the end of 10 years.

Some time later, Aranolis gifted this land to his son Palitha on a deed of gift, subject to the so-called lease. In fact Palitha was a witness to the non-notarial document. Aranolis died a few years later and Palitha became the sole owner of the land in question.

After his father's death, Palitha requested Sirisena to vacate the land and building and hand over the premises. He gave him three months' notice. However, Sirisena refused and relying on the non-notarial document preferred to be on the premises till the end of 10 years.

Palitha then instituted a civil action in the District Court of the area where both parties lived and sought Sirisena's ejectment from the land and the building.

Several questions arise whether Sirisena the defendant in this case could rely on the non-notarial document? Whether he could claim compensation for the improvements made (construction of a building) on the land? Whether he could retain possession of the land (jus retentionis) till compensation is paid by Palitha, the plaintiff in this case? Whether he (Sirisena) could be treated as a tenant or a lessee of the land?

After trial, the District Judge gave judgement allowing plaintiff Palitha to eject defendant Sirisena from the land. He also held that the defendant is entitled to compensation in respect of improvements effected on the land, but his claim for compensation could only be enforced after he vacated the building and the land.

Defendant Sirisena made an appeal to the Court of Appeal against the finding of the District Judge, that he could enforce his claim for compensation only after he vacates the premises. His position was that till compensation was paid he could retain possession of the land and building.

A similar matter came up before the Supreme Court in the case of William Silva V Attadasi Thero, and the decision of this case is reported in 65 New Law Reports at page 181.

The appeal was argued before a bench of two judges of the Supreme Court, Justice H.N.G. Fernando (later Chief Justice) and Justice T.S. Fernando. Justice H.N.G. Fernando in his judgement drew attention to the main issue, whether the applicant (like Sirisena) could retain the possession of the land and the building till compensation is paid by the respondent (like Palitha). He held that the document being a non-notarial (not attested by a Notary), was plainly void (not valid). The plaintiff's case was based on the fact that the said non-notarial document conferred no right of occupation on the defendant (like Sirisena) and was therefore never a tenant of the land.

Based on some previous decisions of the Supreme Court, Justice Fernando was of the view that though the lease is null (no legal force) and void the appellant (like Sirisena) made the improvements on the land with leave and licence of the owner, i.e., the original owner (like Aranolis Silva) and therefore the former is not liable to be ejected until compensated for the improvements.

He referred to a decision of the Privy Council (Hassanally V Cassim, 61 NLR 520) where it was held that when an owner repudiates (rejects) an alleged contract of tenancy and relies upon its invalidity, the claim of the occupier (similar to that of Sirisena) to compensation for improvements is not to be treated as a claim of a tenant.

Taking into consideration the facts of this case and relevant previous decisions of the Supreme Court and the Privy Council (referred to above) Justice Fernando finally held: that the appellant defendant (like Sirisena) must be accorded the rights of a bona fide (genuine) possessor, and is therefore entitled to remain in possession of the land until he is paid the compensation due for improvements namely, the present value of the building which he erected with the express consent of the plaintiff's predecessor (like Aranolis Silva).

He further directed the District Judge to hold an inquiry once he receives the case record and to find out the present value of the building. Thereafter, to enter a decree for ejectment of the defendant, but that a writ of ejectment should not be issued until the plaintiff pays to the defendant the amount fixed as compensation, less any amount due as arrears of rent from the defendant. Justice T.S. Fernando agreed with the judgement of Justice H.N.G. Fernando.

Thus, a genuine improver like Sirisena, is entitled to get compensation from Palitha for the improvements effected (construction of a building) on the land and to retain possession of the land till such time compensation is paid to him. The non-notarial document does not confer on Sirisena the rights of a "tenant" and it has no validity in law.

(All the names are fictitious)

A century of caring: Queen Mum turns 100

The Queen Mother, the longest-living queen consort in history and one of the best-loved members of the British Royal Family, celebrated her 100th birthday on August 4.

She can look back proudly on a life which saw her fashion a more modern image for the British monarchy and bring the Crown closer to the people of the United Kingdom and the Commonwealth. Paying a birthday tribute to her, her grandson the Prince of Wales said: "Her greatest gift is to enhance life for others through her effervescent enthusiasm for life."

Lady Elizabeth Bowes-Lyon grew up in a large and happy family. The youngest daughter of the 14th Earl of Strathmore and Kinghorne, she first met her future husband, then Prince Albert, Duke of York when she was 5. They did not meet again until 1920 and were married in 1923.

Her first child, the present Queen Elizabeth, was born in 1926, and Princess Margaret was born in 1930.

In 1937 the Queen Mother's world changed for good with the abdication of King Edward VIII and the succession of her husband, who became King George VI. The Queen Mother said she saw her role at that time as one of a supportive wife.

One of the reasons for the special place the Queen Mother occupies in the heart of the British people is the support and affinity she showed during the Second World War. Throughout the bombing of London, she and the King visited the devastated areas and she instituted a system of relief convoys to the worst-bombed areas.

When King George VI died of cancer in 1952, the Queen Mother faced yet another great challenge in her life. In the weeks after the King's death she was inconsolable. There were rumours that she wanted to retire from public life, and it was Churchill who coaxed her to take on a role that she has made her own.

There are two Queen Mothers: the private woman in tweeds, a raincoat and gumboots striding out in all weather and pursuing her love for fishing and horse racing; and the flawless Royal performer. Between 1952 and 1965, the Queen Mother toured Australia, New Zealand, much of Africa and the United States. By 1965, she had already fulfilled more engagements than any other member of the Royal Family in history had. In the next decade, she visited France, Tunisia, the West Indies, Fiji, West Germany, Norway, Scandinavia, Kenya and Ethiopia. She still carries out Royal engagements, albeit on a reduced scale.

Her interest in horse racing has increased over the years both as an expert breeder and proud owner of more than 350 winners. She registered her racing colours in 1950, the first Queen to do so since Queen Anne, who founded Ascot racecourse in 1711. Her other loves include gardening, music, dancing and the theatre.

Her courtesy and kindness are a byword, and she has never left an aircraft or Royal train without thanking the crew. Throughout her life the Queen Mother has never taken anything for granted, not least her extraordinary life. As she says "The work you do is the rent you pay for the room you occupy on earth."

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