Tall orders in land-acquisition
I
finally received the Minutes of the meeting on Land Issues of the Human
Rights Action Plan Task Force which was held last month. They were worth
waiting for, for the representative of the Law Faculty, together with
the Consultant who had finalized the Plan, had done a thorough job in
identifying the issues, and the action needed.
Land, as has been previously noted, is perhaps the single most
pressing issue in the North, and the East, and it has accordingly been
highlighted too in the Action Plan for the LLRC recommendations.
Fortunately, after far too long a delay, we seem now to have begun to
move, and I received also a copy of a letter sent by the Secretary to
the Ministry of Lands urging action, in accordance with the regulations.
Unfortunately there is still some confusion about which instructions
are valid. In addition to uncertainty about how to proceed with regard
to some of last year’s circulars, given the court cases that have still
not been settled, the letter does not make clear whether the Gazette
Notification of October 1989, which forbade redistribution of lands
vacated because of conflict, is still valid. I was told this was not the
case, but given the worries expressed by the Divisional Secretary who
had brought it to my notice, I think it is necessary to spell things out
in detail.
High Security Zone
Being precise can help also with showing why there is uncertainty.
For instance, with regard to Sampoor, which does not seem a major
problem though much is being made of it, confusion has arisen because
land is being acquired for two purposes. One is for a High Security
Zone, the other is for economic development.
One of the LLRC sittings. File photo |
Both are valid purposes, but unfortunately acquisition thus far seems
to have been on the basis of gazette notifications in terms of Emergency
Regulations. This is obviously problematic, because the owners do not
know whether the acquisition is supposed to be permanent.
It would make more sense therefore for the State to decide definitely
what is needed, and take that over in terms of its powers of
acquisition. With regard to acquisition, provided unreasonable amounts
are not required - and I gather that in Sampoor it is very limited
amounts that are needed - there should be no problem about finalizing
matters, with of course due compensation, with regard to which the State
should be generous.
The situation is more problematic with regard to land that is taken
over for development, because I gather that there are specific
procedures that need to be followed. These include environmental
assessments, as well as certification, where the acquisition of private
land is concerned, that the purpose is justified and no other land would
serve the purpose.
Private sector
These may seem to be tall orders, but it is vital for upholding the
Rule of Law that such requirements are met, since we cannot have a
situation where private land can be taken over arbitrarily. Indeed the
Liberal Party has long argued that the right to property should be
enshrined in the constitution, and this is even more urgent in a private
sector oriented economy, for the possibilities of government and greedy
developers working together to drive out owners of areas they wish to
develop are much greater than in the old style statist dispensation we
had. In this context, let me cite what the Minutes mention with regard
to the issue that was discussed first, with active cooperation I should
add from all stakeholders present, from the Ministry of Lands to the
Forces, from the Attorney General’s Department and the Ministry of
Justice to the university.
Lands acquired for High Security Zones (HSZ) /Special Economic Zones
(EZ) mainly Palaly and Trincomalee-Sampoor.
Sampoor is the most problematic and crucial area out of these three.
It was informed that Sampoor was initially acquired for EZ and later
converted to HSZ. However, significant portion of these acquired lands
in Sampoor are currently being used as HSZ. Following points needed
clarifications and answers;
(a) Is it legal to maintain HSZ after repeal of country’s emergency
laws?
(b) Whether these lands were acquired following the legally
prescribed procedures for this purpose?
(c) Is it necessary to maintain the HSZ permanently using the
Prevention of Terrorism law? (AG Department to clarify the legal
position with regard to (a), (b) and (c) above)
(d) If Sampoor can be categorized as an SEZ whether there is a
possibility to adopt the same policy which was adopted for Southern
Expressway to Sampoor? (Policy which was led by Asian Development Bank
and approved by Cabinet - the National Involuntary Resettlement Policy;
CEPA had done a comprehensive and important study on this policy.
Accordingly this policy could/should be used as a common policy for
economic development displacements except for conflict and disaster).
Sampoor IDPs who are currently living in transit shelters should be
informed in writing as soon as possible of what solution they can
expect.
(e) Can the Ministry of Resettlement study this policy and (i)
consider applying it to the Sampoor situation and (ii) draft a national
policy on displacement as specified in the Human Rights Action Plan?
(f) The other procedure to follow is Sec 31 of the Land Acquisition
Act, but is it adequate/suitable for this purpose?
(g) Usual method to acquire land for the purpose of HSZ is by
declaration. But this does not provide for compensation which is not
appropriate right at this point as the owners of these lands deserve
compensation. Also acquisition by a gazette notice delays compensation
grants but the unfortunate owners of these lands deserve speedy
decisions about their position.
Agreed action points;
* Forces to decide on the quantity of land they vitally need and
convey it to the Ministry of Lands so the Ministry can acquire them
following the procedures of LAA
* Draft a new policy as proposed in above points (d) and (e).
(Ministry of Resettlement to action) |