Give us our lands back
Public forum of Land Rights and Street protest which was conducted on 11.02.2016 by People’s Allaince for Right to Land (PARL). PA / NAFSO and MONLAR are Co – organizers of this event which held at CMU hall in Colombo. The objective of this event is ” even if the government was changed , still people are unable to get their land as people expected by regime change. so people demand to release their land and demand the government to fulfill their election promises as given.
Yahapalana Government came to power promising to solve the land issues among many other promises and showed that they are on the process after electing as the new government. on 11 th Feb 2015 released a cabinet paper deciding to release the lands belongs to Panama people which was grabbed by previous government using military. Even after passing one year to the cabinet decision, yet to release the Panama lands.
PrimMinister Ranil Wicramasinghe Promised to stop port city project before he being elected and now he saying that it will be carryout as planned by the previous government.
More than 700 people took part in the event today. Parliament member, Mr. .Jayampathi Wickramaratna and constitutional commission member also were present for event. we have handed over a collective proposal for the new constitution to the constitutional commission member. During the Forum , we specially highlighted the Valigamam , Kalpitiya, Irudeniyaya, Sampur, Mullikkulam, Pallimunai, Uma Oya , Port city and Pasikuda land issues where PA is engaging. The Forum was begun at 10.30 am and concluded around 01.00pm. after that people have come to the street and protest in demanding to release their land.
After the forum people conducted a protest and people from all over the country where people have been facing alnd issues specially in Mullikkulam, Valigamam from Jaffna District, Mullikkulam, Sampur, Irudeniyaya, Monaragala people who affected by Uma Oya project, Matara, Galle, Kalutara, Gampaha, Puttalam, Kalpitiya, Polonnaruwa, Ampara from Ashrof Nagar , Pallimunai from Mannar District , Batticaloa and Badulla and Hatton were present. the leaders of each area were able to go to the Presidential secretariat and Prime Minister’s Secretariat (Temple Tree) and handed over a petition to the relevant officials.
SUBMISSION TO THE PUBLIC REPRESENTATIONS COMMITTEE ON
CONSTITUTIONAL REFORMS
CONSTITUTIONAL REFORMS
FUNDAMENTAL RIGHTS TO
HOUSING, LAND AND PROPERTY
PEOPLES’
ALLIANCE FOR THE RIGHT TO LAND (PARL)[1]
ALLIANCE FOR THE RIGHT TO LAND (PARL)[1]
11 FEBRUARY 2016
1. BACKGROUND
The present Constitution of Sri Lanka does not
recognise the right to property (including land), nor does it confer the status
of fundamental right, to the right to adequate housing (see annexure). Citizens
of all ethnicities and particularly the poor and marginalised, are subject to
the violation of their rights. Women are discriminated against in comparison to
men in statutory law and administrative procedures. Through legislative,
policy, political and institutional failure, there is limited relief and
redress available to those whose lands and homes have been removed, and/or are
denied access to their property.
recognise the right to property (including land), nor does it confer the status
of fundamental right, to the right to adequate housing (see annexure). Citizens
of all ethnicities and particularly the poor and marginalised, are subject to
the violation of their rights. Women are discriminated against in comparison to
men in statutory law and administrative procedures. Through legislative,
policy, political and institutional failure, there is limited relief and
redress available to those whose lands and homes have been removed, and/or are
denied access to their property.
During the
conflict a large area of land in the Northern and Eastern Provinces was
forcefully taken over by the Government for establishing high security zones
and for other military purposes rendering thousands of persons displaced
mainly, the Tamil community. They were forcibly evicted from their lands
without the Government following due procedure or taking over the lands. At the
end of the war not all communities were allowed to return to their lands and
many families are still internally displaced.
As of February 2015 the Government estimated 6,000 Acres of land to be
still in the occupation of the military in Palaly alone. Many areas are still
declared as military zones or were allocated for alternative use by the
previous government. A significant number of the displaced communities waiting
to be able to return in their original lands are from Paanama, Sampur,
Valikamam and Mullikulam.
conflict a large area of land in the Northern and Eastern Provinces was
forcefully taken over by the Government for establishing high security zones
and for other military purposes rendering thousands of persons displaced
mainly, the Tamil community. They were forcibly evicted from their lands
without the Government following due procedure or taking over the lands. At the
end of the war not all communities were allowed to return to their lands and
many families are still internally displaced.
As of February 2015 the Government estimated 6,000 Acres of land to be
still in the occupation of the military in Palaly alone. Many areas are still
declared as military zones or were allocated for alternative use by the
previous government. A significant number of the displaced communities waiting
to be able to return in their original lands are from Paanama, Sampur,
Valikamam and Mullikulam.
After the war, the Government’s push for
‘development’ resulted in forcible acquisition of land by State and private
actors, displacing thousands of vulnerable people across the country and
converting the lands forcibly acquired by the State during the war for
high security zones into Special Economic Zones. The traditional livelihoods of
the affected families in agriculture, livestock-rearing and fisheries have been
destroyed and those who are displaced are now destitute.
‘development’ resulted in forcible acquisition of land by State and private
actors, displacing thousands of vulnerable people across the country and
converting the lands forcibly acquired by the State during the war for
high security zones into Special Economic Zones. The traditional livelihoods of
the affected families in agriculture, livestock-rearing and fisheries have been
destroyed and those who are displaced are now destitute.
Over 36,000 hectares of land previously controlled and
used by farmers have been ‘grabbed’ according to a 2012 survey,[2]
particularly in the Moneragala, Trincomalee and Polonnaruwa districts. Many of
those displaced have been living in temporary shelters for years on end and are
unable to carry on their previous livelihoods. Fishers and farmers in Kalpitiya
and Panama have been deprived of their
lands and waters through tourism promotion zones and high security zones. Around
5,000 fisherfolk livelihoods have been severely compromised in the 14 islands
in the Kalpitiya peninsula in the north-west due to the lease of 1,200 hectares
of land for tourism, undermining the customary rights of the local people. Most land grabs occur through the actions or inactions of the state[3].
Government ministries, the security forces, and statutory agencies such as the
Tourism Development Authority are responsible. There are urban communities of
Sinhala, Tamil and Muslim, who have been evicted and displaced in Slave Island
and other areas of Colombo, for commercial, luxury residential and tourist projects.
There are rural communities of Hill Country Tamils living in sub-standard
housing, without legal title to estate dwellings occupied for generations, and
without access to land.
used by farmers have been ‘grabbed’ according to a 2012 survey,[2]
particularly in the Moneragala, Trincomalee and Polonnaruwa districts. Many of
those displaced have been living in temporary shelters for years on end and are
unable to carry on their previous livelihoods. Fishers and farmers in Kalpitiya
and Panama have been deprived of their
lands and waters through tourism promotion zones and high security zones. Around
5,000 fisherfolk livelihoods have been severely compromised in the 14 islands
in the Kalpitiya peninsula in the north-west due to the lease of 1,200 hectares
of land for tourism, undermining the customary rights of the local people. Most land grabs occur through the actions or inactions of the state[3].
Government ministries, the security forces, and statutory agencies such as the
Tourism Development Authority are responsible. There are urban communities of
Sinhala, Tamil and Muslim, who have been evicted and displaced in Slave Island
and other areas of Colombo, for commercial, luxury residential and tourist projects.
There are rural communities of Hill Country Tamils living in sub-standard
housing, without legal title to estate dwellings occupied for generations, and
without access to land.
In the run-up to the Presidential Elections in 2015,
one of the election promises made by President Sirisena was to release the
lands taken over for military use. After his election as the President a large
extent of the land held by the military was released and in February 2015, a
Cabinet decision was taken to release a further 1,000 Acres of land in
Valikamam and the 325 Acres of land in Paanama except 25 Acres on which
buildings are constructed. More recently in May 2015, the President has
revoked the Gazette by which over 1300 Acres of land in Sampur were taken over
for development as a special zone for heavy industries.
one of the election promises made by President Sirisena was to release the
lands taken over for military use. After his election as the President a large
extent of the land held by the military was released and in February 2015, a
Cabinet decision was taken to release a further 1,000 Acres of land in
Valikamam and the 325 Acres of land in Paanama except 25 Acres on which
buildings are constructed. More recently in May 2015, the President has
revoked the Gazette by which over 1300 Acres of land in Sampur were taken over
for development as a special zone for heavy industries.
However, no steps
have been taken to date to give full effect to the Cabinet decision and to
release the land to the community. On the contrary, steps are being taken to
prevent the communities from accessing their lands. For instance in Panama, a
case has been filed in the Magistrate’s Court to prevent the community from
entering their lands and an order has been obtaining preventing the community
from protesting and voicing their concerns over the injustice caused to them.
have been taken to date to give full effect to the Cabinet decision and to
release the land to the community. On the contrary, steps are being taken to
prevent the communities from accessing their lands. For instance in Panama, a
case has been filed in the Magistrate’s Court to prevent the community from
entering their lands and an order has been obtaining preventing the community
from protesting and voicing their concerns over the injustice caused to them.
Approximately 1100 acres of land
were released in Valikamam North in Jaffna peninsula by the government. However
a further 5832 acres of land in KKS and Valikamam North remain under the
control of the security forces.
Since 2015 March, a
number of IDP families were relocated in their own places such as: Valalai,
Thihiddy, Mahiliddy-south, Vimamgamam, Varththalavilan, Palali-East. Though the
lands were released, only a limited number of people were returned to their
lands due to the lack of basic facilities. Surveys conducted by Praja Abhilasha (PA) and National Fisheries solidarity Movement (NAFSO) in September 2015 have found
the existence of 43 IDP camps in Jaffna Peninsula.
were released in Valikamam North in Jaffna peninsula by the government. However
a further 5832 acres of land in KKS and Valikamam North remain under the
control of the security forces.
Since 2015 March, a
number of IDP families were relocated in their own places such as: Valalai,
Thihiddy, Mahiliddy-south, Vimamgamam, Varththalavilan, Palali-East. Though the
lands were released, only a limited number of people were returned to their
lands due to the lack of basic facilities. Surveys conducted by Praja Abhilasha (PA) and National Fisheries solidarity Movement (NAFSO) in September 2015 have found
the existence of 43 IDP camps in Jaffna Peninsula.
In May 2015,
the President issued a Gazette revoking a previous Gazette notification issued
in 2012 which demarcated a specified zone for heavy industries in Sampur. This
decision was challenged in the Supreme Court and Supreme Court ordered that the
Gazette notice issued in 2015 is valid.
However the entirety of lands belongs to the people who were displaced
have not been released.
the President issued a Gazette revoking a previous Gazette notification issued
in 2012 which demarcated a specified zone for heavy industries in Sampur. This
decision was challenged in the Supreme Court and Supreme Court ordered that the
Gazette notice issued in 2015 is valid.
However the entirety of lands belongs to the people who were displaced
have not been released.
2. RIGHTS TO HOUSING,
LAND AND PROPERTY
LAND AND PROPERTY
Sri
Lanka is obliged by membership of the United Nations and voluntary acceptance
and accession to international treaties
and conventions including the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights and the Convention on the
Elimination of All Forms of Discrimination Against Women, to respect, protect,
and fulfill the rights to housing, land and property of its citizens.
Lanka is obliged by membership of the United Nations and voluntary acceptance
and accession to international treaties
and conventions including the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights and the Convention on the
Elimination of All Forms of Discrimination Against Women, to respect, protect,
and fulfill the rights to housing, land and property of its citizens.
Securing the rights to
housing, land and property is crucial to the realisation of civil, political,
social and economic rights in general. The protection of the right to land and
property is critical to the realisation of the right to adequate housing, as
well as the right to an adequate standard of living, the right to health, the
right to education, gender equality and equity, protection from violence,
injury or abuse, and so on.
housing, land and property is crucial to the realisation of civil, political,
social and economic rights in general. The protection of the right to land and
property is critical to the realisation of the right to adequate housing, as
well as the right to an adequate standard of living, the right to health, the
right to education, gender equality and equity, protection from violence,
injury or abuse, and so on.
The rights to housing, land
and property include protection from forced eviction. “Forced evictions” are
the “permanent or temporary removal against their will of individuals, families
and/or communities from the homes and/or land which they occupy, without the
provision of, and access to, appropriate forms of legal and other protection”[4].
and property include protection from forced eviction. “Forced evictions” are
the “permanent or temporary removal against their will of individuals, families
and/or communities from the homes and/or land which they occupy, without the
provision of, and access to, appropriate forms of legal and other protection”[4].
Considering the issues highlighted above of the lack of protection of the housing,
land and property rights of the peoples of Sri Lanka; mindful of the
international human rights laws to which Sri Lanka is a state party; while recognising
previous domestic initiatives to strengthen the fundamental rights of its
peoples (including the Constitution Bill of 2000 and the Bill of Rights of 2009)
and the recommendations of the presidential Lessons Learned and Reconciliation
Commission of 2011, the Peoples’ Alliance for the Right to Land (PARL) submits the
proposals below for the attention of the Constitutional Assembly:
land and property rights of the peoples of Sri Lanka; mindful of the
international human rights laws to which Sri Lanka is a state party; while recognising
previous domestic initiatives to strengthen the fundamental rights of its
peoples (including the Constitution Bill of 2000 and the Bill of Rights of 2009)
and the recommendations of the presidential Lessons Learned and Reconciliation
Commission of 2011, the Peoples’ Alliance for the Right to Land (PARL) submits the
proposals below for the attention of the Constitutional Assembly:
A. Right to Property
(including Land)
(including Land)
(1)
Everyone has a right to own
property alone or in association with others[5];
Everyone has a right to own
property alone or in association with others[5];
(2)
Women shall have the same rights as
men in the ownership, acquisition, management, administration, enjoyment and
disposition of property, whether free of charge or for valuable consideration[6]. In
particular, women have equal rights with men with respect to use, transfer, administration and
control of land. They shall enjoy equal treatment with men in the inheritance
of property[7];
Women shall have the same rights as
men in the ownership, acquisition, management, administration, enjoyment and
disposition of property, whether free of charge or for valuable consideration[6]. In
particular, women have equal rights with men with respect to use, transfer, administration and
control of land. They shall enjoy equal treatment with men in the inheritance
of property[7];
(3)
No person shall be arbitrarily
deprived of their property, except as permitted by law for a public purpose or
in the public interest, and subject to the payment of fair compensation at time of acquisition, the amount of which
and the time and manner of the payment of which have either been
agreed to by those affected or decided or approved by a court[8];
No person shall be arbitrarily
deprived of their property, except as permitted by law for a public purpose or
in the public interest, and subject to the payment of fair compensation at time of acquisition, the amount of which
and the time and manner of the payment of which have either been
agreed to by those affected or decided or approved by a court[8];
(4)
The amount of the
compensation and the time and manner of payment must be just and equitable,
reflecting an equitable balance between the public interest and the interests
of those affected, having regard to all relevant circumstances, including—
The amount of the
compensation and the time and manner of payment must be just and equitable,
reflecting an equitable balance between the public interest and the interests
of those affected, having regard to all relevant circumstances, including—
(a) the current use of the property;
(b) the history of the acquisition and
use of the property;
use of the property;
(c) the market value of the property;
(d) the extent of direct state investment
and subsidy in the acquisition and beneficial capital improvement of the property;
and
and subsidy in the acquisition and beneficial capital improvement of the property;
and
(e) the purpose of the expropriation[9].
(5) No person shall be evicted from the
person’s property except as by permitted by law. No legislation may permit
arbitrary evictions from property;
person’s property except as by permitted by law. No legislation may permit
arbitrary evictions from property;
(6) The state must take reasonable
legislative and other measures, within its available resources, to foster
conditions which enable citizens to gain access to land on an equitable basis[10];
legislative and other measures, within its available resources, to foster
conditions which enable citizens to gain access to land on an equitable basis[10];
(7) Rural women shall enjoy equal rights
with men to have access to agricultural credit and loans, marketing facilities,
appropriate technology and equal treatment in land and agrarian reform as well
as in land resettlement schemes[11].
with men to have access to agricultural credit and loans, marketing facilities,
appropriate technology and equal treatment in land and agrarian reform as well
as in land resettlement schemes[11].
B. Right to Adequate
Housing
Housing
(1)
Everyone has the right to have
access to adequate housing;
Everyone has the right to have
access to adequate housing;
(2)
The State must take reasonable
legislative and other measures, within its available resources, to achieve the
progressive realisation of this right;
The State must take reasonable
legislative and other measures, within its available resources, to achieve the
progressive realisation of this right;
(3)
No one may be evicted from their
home, or have the home demolished, without an order of court made after
considering all the relevant circumstances;
No one may be evicted from their
home, or have the home demolished, without an order of court made after
considering all the relevant circumstances;
(4)
No legislation may permit arbitrary
evictions.
No legislation may permit arbitrary
evictions.
[1] The Peoples’ Alliance for Right to
Land (PARL) is a voluntary coalition of environmental, social justice, human
rights, and community-based organisations of women, small-scale farmers,
fishers and plantation workers, and civil society activists opposed to the
dispossession of the poor from their lands, fishing waters, and homes; and in
solidarity with the struggles of the affected peoples. Contact Person: Mr.
Herman Kumara, 10 Malwatte Road, Negombo. Email: hermankumara@gmail.com.
Land (PARL) is a voluntary coalition of environmental, social justice, human
rights, and community-based organisations of women, small-scale farmers,
fishers and plantation workers, and civil society activists opposed to the
dispossession of the poor from their lands, fishing waters, and homes; and in
solidarity with the struggles of the affected peoples. Contact Person: Mr.
Herman Kumara, 10 Malwatte Road, Negombo. Email: hermankumara@gmail.com.
[2] Sri Lanka Nature Group, Uprooting People from the Land: Land
Grabbing in Sri Lanka – Present Status and Trends, June 2012 at p. 6,
online at https://file.ejatlas.org/docs/landgrabbinginSri_LankaEnglish.pdf.
Grabbing in Sri Lanka – Present Status and Trends, June 2012 at p. 6,
online at https://file.ejatlas.org/docs/landgrabbinginSri_LankaEnglish.pdf.
[3] Land
Grabbing and Development Induced Displacement (February 22, 2012), online
at http://daccess-ods.un.org/TMP/6010735.03494263.html; and Land Issues in North and East and LLRC
Recommendations (March 15, 2013), online at http://www.lawandsocietytrust.org/PDF/PARL%20LLRC%20Implementation%20Land%20North%20and%20East%20March%202013.pdf.
Grabbing and Development Induced Displacement (February 22, 2012), online
at http://daccess-ods.un.org/TMP/6010735.03494263.html; and Land Issues in North and East and LLRC
Recommendations (March 15, 2013), online at http://www.lawandsocietytrust.org/PDF/PARL%20LLRC%20Implementation%20Land%20North%20and%20East%20March%202013.pdf.
[6]
Adapting Article 16 (h) of the Convention for the Elimination of All Forms of
Discrimination Against Women 1979.
Adapting Article 16 (h) of the Convention for the Elimination of All Forms of
Discrimination Against Women 1979.
[11]
Article 14 (2) (g) of the Convention for the Elimination of All Forms of
Discrimination Against Women 1979.
Article 14 (2) (g) of the Convention for the Elimination of All Forms of
Discrimination Against Women 1979.
