Resolving land issues
During
the first set of consultations on the Human Rights Action Plan arranged
by the Task Force of the Inter-Ministerial Committee expediting its
implementation, it became clear that one of the most important
cross-cutting issues was that of land rights. I realized that this was
also important in another respect, since land came up as a central issue
when I served on the government delegation that met with representatives
of the Tamil National Alliance.
LLRC recommendations also deal to a significant extent with land
issues, though unfortunately these are not treated in general discussion
with the same importance as matters of less concern to the people at
large. And of course efforts by government to deal swiftly with some
problems with regard to land were met with strong resistance which has
now brought the matter into the courts.
Legal officials
This seemed therefore a matter which should be discussed in a small
group of stakeholders able to take action, and we requested the Ministry
of Lands to arrange this. While many problems are exacerbated by the
range of decision makers involved, and no clear understanding as to
which is the lead agency, in this case the situation was simpler, since
obviously it was the Ministry of Lands that had to take the lead.
The Secretary, had already taken action to resolve some of the
problems. A slight one, but complicated, was the Land Development
Ordinance, or rather the changes that were required, in particular to
ensure gender equality. This had been amended for the purpose a couple
of years ago, but abortively, since it was then noticed that Provincial
Councils had to be consulted before any such amendment could proceed.
Gender equality
Consultation
had been lethargic, as with most such requirements, and in our
discussions we had worried about this, and wondered whether it was worth
proceeding only with the relevant schedule to ensure gender equality,
leaving the other changes to be decided later. But it turned out that
the Secretary had already held the necessary discussions with provincial
authorities, and achieved consensus through small but pertinent changes
to ensure the involvement of provincial officials.
With regard to the schedule about gender equality, there had been no
problems at all, since obviously in the modern age it makes no sense to
give primacy to male heirs if anyone dies intestate. Consensus thus
being achieved now, we can only hope that the necessary formalities, at
the President's Office and through legal officials, are got through
swiftly.
The main area in which action is needed with regard to land is in the
case of the internally displaced. I remember, soon after I took over as
Head of the Peace Secretariat, discussing with the then head of the Law
Commission, Prof Marasinghe, the need to have provisions in place to
deal with the conflicting claims of original owners, and those who had
occupied lands that were vacant, and might feel entitled to possession
by virtue of prescription provisions.
Prof Marasinghe said that they were working on the matter, and soon
afterwards I believe draft legislation was made ready.
Whilst the rights of those displaced under pressure had to be
preserved, to dismiss other claims, and not only when improvements had
been made with some financial outlay, would clearly not be just either.
But mechanisms for compensation, with stress on the provision of
alternative land, rather than money, would not have been difficult to
work out, and would also have addressed the wider problem of
landlessness. What we had felt was that, while actual decisions, and the
development of conflict resolution systems through mediation, should be
decided by experts, the main point was that such decisions had to be
made quickly.
Different languages
The Secretary was aware of this, and had set the wheels in motion to
resolve this problem. Unfortunately controversy had arisen the previous
year after a regulation designed to ensure swift action had been
challenged, understandably perhaps because different versions had
appeared in different languages. However there seemed broad
understanding of the need for generally acceptable principles to be
affirmed, with final authority and appeal procedures entrusted to
relevant officials with the appropriate status.
One problem I had not anticipated, but which came up constantly at
the Divisional Secretariat Reconciliation Committees I had attended, was
the question of title with regard to land made available in the 70s and
80s. I realized then that there had been two conflicting views with
regard to the land redistribution exercise begun by the United Front
government. Handing land over to the peasantry was the dominant ethos,
but there was also a school of thought which held that all land should
be possessed by the state, and only given out for use on permit.
Given the disinclination of government officials to give up control
of what they governed, that latter philosophy seemed to have won out in
many areas. What with the complications wrought by conflict, this had
led to deprivation, which needs to be corrected rapidly. In Kilinochchi
I had been told things were slow, as compared to Vavuniya, where action
had been taken. I do not know details of this, but I believe the
Secretary will be able to sort this too out quickly. |