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Sri Lanka: Land in the Eastern Province - Politics, Policy and Conflict

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Sri Lanka
Sources
CPA
Date de publication
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In Sri Lanka, land has been a critical factor in the ethnic conflict that intensified and resulted in the outbreak of a war that spanned over two decades. In a post-war context the Government, political parties, civil society and citizens at large are faced with an unprecedented opportunity to address the root causes of the ethnic conflict and long-term grievances faced by different communities.

The report titled "LAND IN THE EASTERN PROVINCE: POLITICS, POLICY AND CONFLICT" by CPA highlights the gaps and shortcomings in several areas including the existing Constitutional, Legal and Policy framework, the practical challenges to accessing, owning and controlling land, land disputes and conflicts as well as boundary issues between administrative divisions and current initiatives addressing landlessness and compensation/restitution. While profiling existing problems in the post-war context, through this report, CPA hopes to increase public understanding of the nature of the land problem in the East and to provide alternatives and solutions. The report is also meant to increase engagement of the public and policy makers on land issues; to ensure that future initiatives take into consideration present problems and to contribute toward a rights-based policy framework for land issues.

There are a host of recommendations which can be made with regard to each aspect of the land problem, but most importantly there has to be a two-fold transformation in approach. Firstly, the need for policy reform has to be acknowledged. There needs to be full implementation of existing provisions and amendments in the Constitution and ordinary law, as well as a comprehensive land policy introduced by the Government setting out State policy. Secondly, the focus has to shift from national level requirements of the State to a people-centric and community approach. This would ensure more responsive governance and strengthen the Government's initiatives on re-building trust between communities, promoting development, strengthening peace in the East and in the country at large.

Executive Summary

Most individuals in Sri Lanka will identify land as a fundamental element that defines their life. Ownership and control of land, including the location of and the extent of land owned indicate a person's wealth and social status. The respect that flows from this has a number of other repercussions including access to schools and marriage prospects. Secure land rights imply economic security and provide surety for loans and thereby facilitate income generation and improve livelihoods.

In Sri Lanka, land has been a critical factor in the ethnic conflict that intensified and resulted in the outbreak of a war that spanned over two decades. State aided land settlement projects under development and irrigation schemes, the failure in addressing key land and development related issues, violence against particular communities that resulted in the abandonment of properties, and the establishment of ad hoc security restrictions in areas all contributed to the increasing tensions that ultimately led to the outbreak of war in Sri Lanka. Over the course of the war, the land problem was exacerbated by increased displacement of entire communities from their land, occupation of land belonging to private individuals by the military and LTTE, arbitrary seizure of land belonging to Muslims by the LTTE in the North and East, the establishment of High Security Zones (HSZ), Special Economic Zones (SEZ) and the loss of documentation.

Although discussions on land and related issues and attempts to resolve disputes at a community level did run concurrent to the conflict and heightened during the Ceasefire Agreement (CFA) and post-tsunami period, there were no concrete steps taken by the State or any other actor to fully address the root causes of grievances, provide sustainable alternatives and introduce modalities that could have reduced some of the underlying problems and disputes.

In a post-war context, with the defeat of the LTTE in May 2009, the Government, political parties, civil society and citizens at large are faced with an unprecedented opportunity to address the root causes of the ethnic conflict and long-term grievances faced by different communities. Although there is an opportunity to address a fundamental issue such as land through looking at both the constitutional, legal and policy framework and the problems on the ground, very few initiatives have been put forward by the different actors. Nearly a year after the end of the war, with two national elections held and the current Government enjoying an overwhelming majority in Parliament, this is clearly the moment to unveil concrete proposals for constitutional and political reform and a roadmap that introduces changes to the current set up. There are, however, unconfirmed reports of impending constitutional reform including changes to the Thirteenth Amendment and the role and powers of the Provincial Councils. Whether such a framework will guarantee the rights of all citizens or only a certain group or none at all, are yet to be seen. What is noteworthy is that though a significant time period has passed since the end of the conflict, there has been little public information, discussion or debate on Government proposals for possible ways forward. In the current post-war climate, there is no information as to whether the numerous HSZs will be dismantled; whether all IDPs will be able to return to their land; and furthermore, whether there would be a restitution and compensation policy. The lack of transparency and due process with regard to Government procedure into the post-war context are issues of grave concern and need to be reversed.