PARLIAMENT

Agrarian Development Amendment Bill:

'Amendments will strengthen rights of tenant farmers'

Sandasen MARASINGHE and Disna MUDALIGE

Speaker Chamal Rajapaksa presided when Parliament met at 1pm yesterday. After the presentation of papers and oral questions, the House took up four orders under the Strategic Development Projects Act and the second reading of the Agrarian Development (Amendment) Bill for debate.

Agrarian Services and Wildlife Minister S M Chandrasena: I present the Agrarian Development (Amendment) Bill for second reading. These amendments are in accordance with the Mahinda Chinthana Idiri Dakma policy on page 79.

There is a problem concerning the ownership of agricultural lands. Those lands are spread over among a limited number of people. These amendments ensure the rights of the tenant farmer community which amounts to about 250,000 in number.

The Agrarian Development Act had been amended at various occasions in the past.

These amendments had helped to strengthen the rights of tenant farmers. The last amendment was introduced in the year 2000.

However, even 11 years have elapsed after the last amendment, the proposed Agrarian Tribunal Council, which has not yet been established. There are over 4,000 unsolved problems among tenant farmers at present. Therefore, we propose these amendments to be implemented as soon as possible.

The President had been highly concerned over the problems relating to tenant farmers.

Necessary steps to protect the farming community, who are the suppliers of rice to the whole nation, have been taken from this move.

I must also remind the House that it was the father of Minister Dinesh Gunawardena who presented the initial Agrarian Development Act in 1958. We must remember him at this moment with gratitude.

Opposition Leader Ranil Wickremesinghe: The tenant farming system is still continuing in Sri Lanka, even though it no longer exists in many countries of the world.

I propose the government to look into the contemporary world and local situation and decide on the future of the tenant system. The tenant system strengthens the aristocracy in the country.

Prime Minister D M Jayaratne: In 1956 the Late Phillip Gunawardena who was then Agrarian Minister presented this proposal to strengthen rights of the tenant farming community. Accordingly, it was decided that three quarters of the profit should go to the tenant farmer who cultivates the field, whereas the owner of the agricultural land gets one quarter of the profit. In year 2000, I as Agrarian Minister, presented more amendments to this Act for further protection of tenant farmers. Agrarian Banks were established to grant bank loans to the tenant farmers during difficult times. However, still the problems of tenant farmers have not been solved, since the amendments presented in 2000 were not implemented practically. Therefore, I see that the amendments brought today are timely and important.

I observe that present day people construct houses and other buildings by filling agricultural lands. This is not a wise act. Food for the country should be given prominence and those lands should be spared. Rice is our main food item.

We have over 1.8 million acres of agricultural lands in our country. The ownership of these lands should be equally distributed among our farmers, without allowing a few to enjoy its full rights. The amendments introduced today will ensure the tenant rights of the family members of a tenant farmer.

Dr Harsha de Silva (UNP): There is high level corruption in the country. The people in this country have to suffer the losses incurred from these deals.

I would like to speak about the orders made under the Strategic Development Projects Acts. I appreciate the government's initiative to present these orders to the House to facilitate a debate on them. However, I ask the government why it had only presented 4 orders to the House, when there were 5 in reality. Where is the other order which includes the Catic deal?

Economic Development Minister Basil Rajapaksa: I must note that there is no other gazette order which has not been presented to the House. Four are being presented today while the other was presented to the House on the previous occasion.

So Harsha MP is misleading the House.

Economic Development Deputy Minister Laxman Yapa Abeywardena

The Strategic Development Projects Act was a very significant Act that was passed here. Under the orders of that Act, all concessions on imports and trades conducted in this respect, should be revealed.

It was not the practice before. The government has not sold any plot of land to the Catheic Company. The benefits of it will be gazetted within 30 days. If people have objections, they can express it. Then it will be submitted to the Cabinet and another 90 days will be given. What transparency can be expected more than this?

We need investments to be made in our country. But we alone cannot do so. So, we have allowed foreign companies to invest in our country. We have done so with transparency.

The terminal construction of the Colombo Port is also handed over to a Chinese company with transparency. When the Colombo Port is expanded, more than 1,200 employment opportunities will be created while more than 5,000 indirect employment opportunities are created. When it is expanded, we can make Sri Lanka a naval hub in the region.

The government will also be able to earn a lot by providing various services to these ships. The development of the Colombo Port will immensely contribute to increase the economic development rate by 10 percent.

We could build up the confidence of the entire world by attracting the Shangrilla Hotel to Sri Lanka, which will make Sri Lanka stable. It will also construct housing complexes and shopping complexes as well.

This company is to construct a 6 star hotel with 600 rooms. This company has more than 30,000 rooms in their hotels located in 72 countries. So our hotel with 600 rooms will become one of a network that has 30,000 rooms in 72 countries, which will develop the tourism industry directly. Various groups have attempted to discourage these companies to invest here.

A particular company in the Horana Investment Zone is given unlimited rights to cut down trees for timber in that land. But the government is not like that.

We have so far not come to a conclusion concerning the agreement with the Catheic Company.

This is the first time that such a transaction had been done transparently.

Deputy Chairman of Committees Murugesu Chandrakumar takes the Chair.

Kabeer Hasheem (UNP):

At present no land has been given to our traditional farmers. Large extents of land have been given to various people from overseas for cultivation.

A land in extent of 500 acres from Wekanda in the Buttala area had been given for banana cultivation. Another area of 11,000 acres had been given to another company.

Economic Development Minister Basil Rajapaksa: The Catic deal could not be proceeded with, eventhough we singed an MoU. The nature of the procedure of a deal like this, is that first the Cabinet takes a policy decision and then according to it an agreement will be signed with the relevant company. Then a gazette notification will be issued for public awareness and then it is presented back to the Cabinet with public comments.

Thereafter it will be presented to Parliament for approval. However, eventhough the government signed the MoU with Catic, it was not pursued by us thereafter, due to a certain problem with the company. Therefore, the rest of the procedure was not followed.

The MoU is not valid anymore. The company has to come to an agreement with the government if this deal is to proceed further.

Chief Government Whip and Water Supply and Drainage Minister Dinesh Gunawardena: These amendments will no doubt strengthen the tenant farming community. This will solve many problems that the tenant farmers had over the past years. This will ensure tenant farming rights for the next generation of a tenant farmer. I appreciate Minister Chandrasena's efforts to present these amendments today.

The tenant farming community provides an enormous contribution to the paddy production of the country. Tenant farming societies have emerged today and various loan facilities have been introduced for their welfare.

The gap between the agri land owner and the tenant farmer should be removed. Their disputes should be solved.

I must note that considering the past efforts to implement these amendments, even the opposition should support the Bill today. There has been much debate urging for these amendments in this House. There were three adjournment motions in this regard in the past.

A. Adaikkalanathan (TNA): Tenant farmers make a large contribution to the agriculture of the country. However, there are qestions as to whether these farmers are receiving adequate benefits and profits in return.

Many farmers suffer due to the absence of certified prices for their paddy. The government should intervene to buy their paddy harvest at a certified price.

Sriyani Wijewickrama takes the Chair:

Y.G. Padmasiri (UPFA): The Paddy Field Act presented in 1956 was a massive victory for the people of that time. Eventhough 53 years have passed after its presentation, we still recollect the pioneers of this Act with respect and honour.

However, eventhough various legislations have been made from time to time to solve the problems of farmers, certain problems have remained unsolved. These amendments will take steps to solve these remaining disputes and problems among the farmers.

This has strengthened the rights of tenant farmers in conformity with the policy that the tenant farmer should also become the paddy land owner'. These amendments are highly admirable.

Eran Wickramaratne (UNP): Today I searched the web site and found out that the Shangrila Hotel did not come under superior hotels in countries such as China and Japan. However, it is highly ranked in Hong Kong. The Deputy Minister stated that the Shangrila Hotel is a Six Star Hotel. If one goes through ones own website, it states that they are only building a five star hotel in Sri Lanka. So what I am trying to convey is that the Shangrila Hotel is not that superior as some of the government members try to show off.

Namal Rajapaksa (UPFA): I am happy today that I can speak of the tenant farmer. Sometime back in 1958, the late Philip Gunawardena moved a Bill to safeguard the rights of tenant farmers. Even in Hambantota, the late D A Rajapaksa supported them under the directions of the late George Rajapaksa. But when this Act was passed in 2000, related to tenant farmers, the farmers said that it lacked matters of transfer of the inheritance to their children. Now the future of the youth in the country has been assured.

The future of farmers in this country should be secured. They should be given the technical know-how they need for their trade. Young farmers' rights should be guaranteed at a time when all other areas were developing.

Today, industries, tourism, education and all other areas are developing, so that the future of the tenant farmers should be secured.

Ajith Perera (UNP): Raj Rajaratnam, who was a leading investor, was sentenced to imprisonment as a result of engaging in illegal transactions. To punish those who engage in illegal businesses, is appreciable.

If we need investors, both local and foreign, to encourage to invest in Sri Lanka, we have to create an environment that they can get their duties fulfilled sans bribing. We have to create an environment free of corruption.

Economic Development Minister Basil Rajapaksa: Now, there is a far better environment created in the country for local and foreign investors to invest in Sri Lanka. According to a World Bank Report, Sri Lanka has been ranked 89th from a position of 110, among the countries that are best to be invested. We hope to bring Sri Lanka at least to the 60th position next year.

Social Services Minister Felix Perera: Today, we are talking of foreign direct investments. Take for example, the Appolo Hospital, which was a direct foreign investment. The Shangrilla Company is also a direct foreign investment. It is not just a company. They come with tourists, which will develop tourism. We have to grant them tax concessions. Otherwise they wouldn't come. During JR's regime, foreign investors came here and they took loans from our banks. But that situation has changed today.

Today, the misery index has been reduced in the country after 40 years.

A H M Azwar takes the Chair.

V K Indika (UPFA): This Act will help guarantee, the rights of the tenant farmers after year 2002. There are a large number of tenant farmers who lost their rights and it is timely that measures be taken to provide them compensation for their loss.

Mohan Priyadarshana de Silva (UPFA): When we talk of providing lands to tenant farmers, the opposition speaks of selling lands to white people. We don't sell lands to white people, but the UNP did so. I am happy that the rights of the tenant farmer had been guaranteed through this Act.

Industry and Commerce Deputy Minister Jayaratne Herath: There are about 4,000 complaints made by tenant farmers. President Mahinda Rajapaksa had considered them and promised according to the Mahinda Chintana to provide them with solutions. To provide them with a sustainable solution, these amendments have been introduced. If solutions are not introduced, it will in turn affect national production.

Petroleum Industries Deputy Minister Sarana Gunawardena: Securing the rights of the tenant farmer means the paddy production is assured. With the Act passed in year 2002, most of the good features of tenant farmers' agreements have been nullified. With the amendments made today, those good features will get a lease of life.

Deputy Chairman of Committees Murugesu Chandrakumar takes the Chair.

As a promise made by President Mahinda Rajapaksa during elections in 2009, the problems of tenant farmers are being solved today.

Ranjith de Zoysa (UPFA): As members who represent agrarian regions, we are very happy over the amendments brought to the Act. We express our gratitude to the Agrarian Minister for bringing them today. I strongly believe that the support of everyone should be extended towards this move.

Orders under the Strategic Development Projects Act were approved. The Agrarian Development Bill was passed with amendments.

At adjournment

Wildlife and Agrarian Services Minister S.M. Chandrasena, yesterday stated that the government would take all possible measures to strengthen and revive the Civil Defence Committees.

He made this observation yesterday in Parliament in response to an adjournment motion moved by UPFA member Shantha Bandara.

Shantha Bandara (UPFA): After the end of the war, the country is heading towards accelerated economic development. However, some hidden groups and individuals who are against the country, are attempting to disturb the peace by creating turbulent incidents. Therefore I suggest that the Civil Defence Committees be restructured and revived to counter these attempts.

A single person cannot handle this situation alone. The support of the people is needed for this endeavour. Thefore the Civil Force should be activated once again.

A.H.M. Azwer (UPFA): I second this motion and I observe that this is a very timely suggestion. Today the country is on the track of rapid development. Some are envious of this fact and they are unable to bear the truth. These incidents are triggered by them. These types of incidents can be witnessed throughout the world.

A.H.M. Azwer takes the Chair.

Wildlife and Agrarian Services Minister S.M. Chndrasena: This is a timely proposal made by Shantha Bandara MP. During humanitarian operations to save the country, the Civil Defence Committees played a vital role. Now, terrorism is over, but foreign and external elements against the country are still active. Recent incidents such as the Katunayake Free Trade Zone and Grease monsters are premeditated conspiracies.

We see that Libya has become another victim of these external forces. The State will now realize the dire results from these incidents. We have to learn lessons from these global incidents. As a government which loves the country, we will take necessary measures to strengthen the Civil Security Service further.

The House was adjourned till 1.30 p.m today.