By Concerned Citizen

To: The Hon Minister

I refer to the timely and eye-opening article written by that erudite journalist Shenali Waduge The Legal Defects in Sri Lanka’s Land Registry: Two Registers with a Flawed Digitalisation Programme” at https://www.shenaliwaduge.com/the-legal-defects-in-sri-lankas-land-registry-two-registers-with-a-flawed-digitalisation-programme/

The Article clearly shows (as has been the experience of all other nations which had practiced the deed system) that the Deeds Register like that under Ord 23 of 1927 is the only practical path to achieve international standards.

Since the enactment of Act No. 21 of 1998 (Bim Saviya), Sri Lanka has remained well below internationally recognized benchmarks such as the ‘Doing Business Index’ and the ‘Property Rights Index’.

Even with amendments, Bim Saviya cannot provide a comprehensive register for all landowners; the reasons for its unsuitability are discussed at length in Ms. Waduge’s article. 

The main Amendments Required to the old register under the Registration of Documents Ordinance No. 23 of 1927, to achieve ‘International standards’, are listed below (they have been included in the reports adduced to, also given hereunder]. They are:

1)     The Registrar should be responsible to reject forged deeds. (the Registrar is presently not responsible)

2)    The Registrar should be responsible for the proper maintenance of the books in the land registry; this includes the replacement of the damaged books. (Presently, landowners, at their expense, attend to the damaged books).

3)    The Registrar should be provided with biometric tools to identify owners before registering new deeds; for example, face recognition systems, alerts to mobile phones of owners and many other methods have been described in the above article referred to above. 

Act 21 of 1998 has been introduced without any knowledge or understanding of our land systems and culture.  I am sure the learned Minister will instruct the relevant officials to refer to the important reports, listed below, to establish an internationally accepted land Register. 

1)     ‘Digital Biometric Solutions’ (a paper submitted to detect fraud in land registries submitted to the ‘Information Communication Technology Agency of Sri Lanka’ by lawyers); the paper recommends digital security for the Land Registry transformation through technologies such as AI and block chain, practiced by other nations. This is an initiative that will strengthen the public trust and confidence in the Land Registry.

2)    World Bank Reports. They describe in detail the defects in the system that will prevail if we do not make the necessary changes prior to adopting the legislation of 1998.  Improving the Quality of Land Administration in Sri Lanka. Please see (https://documents1.worldbank.org/curated/en/750021530107195459/pdf/Improving-the-Quality-of-Land-Administration-in-Sri-Lanka-19-June-2017-final-draft-clean.pdf

– Sri Lanka-Land Titling and Related Services Project World Bank. Diagnostic Assessment of the Sri Lanka Land Titling.

3)    Project by Task Manager Jessica Mott. https://documents1.worldbank.org/curated/en/826101468760764740/pdf/multi0page.pdf

4)   Project Appraisal Document  https://documents1.worldbank.org/curated/en/418081468781158319/pdf/multi0page.pdf

5)    Technical and Institutional Studies (a report as requested by the government) by Harmons Solutions (Pvt) Ltd.

6)   E-Land Hub Business Re-engineering report and several other presentations, as requested by the Ministry of Lands (2015). The Report is available at the Ministry of Land.

7)    Cabinet Memorandum 20/2100/322/007 24.12.2020 re establishing one land register; the memorandum requires that research be done to study the methods adopted by some of other nations, especially those of Australia and South Africa.

8)   National Committee Reports of 2013 and 2022.

9)   The Registrar General’s letter (reference RG/TRB/03/278[2]) dated 6/4/2016; it is an explanation given to the Prime Minister with regard to the neglected provisions  of Ord 23 of 1927 and the neglected infrastructure of the registry.