{"id":96171,"date":"2019-12-10T00:26:44","date_gmt":"2019-12-10T06:26:44","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=96171"},"modified":"2020-02-04T15:54:23","modified_gmt":"2020-02-04T22:54:23","slug":"mcc-cannot-erase-the-rights-of-sri-lankas-future-generations","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2019\/12\/10\/mcc-cannot-erase-the-rights-of-sri-lankas-future-generations\/","title":{"rendered":"MCC cannot erase the rights of Sri Lanka\u2019s future generations"},"content":{"rendered":"\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"http:\/\/www.lankaweb.com\/d9e202fc-7e4a-4b80-93fb-f6d5fc4db7e0\" alt=\"\"\/><\/figure>\n\n\n\n<figure class=\"wp-block-image\"><img loading=\"lazy\" decoding=\"async\" width=\"740\" height=\"848\" src=\"https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/12\/MCC-proposed-urben-planning-Sri-Lanka-.jpeg\" alt=\"\" class=\"wp-image-96172\" srcset=\"https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/12\/MCC-proposed-urben-planning-Sri-Lanka-.jpeg 740w, https:\/\/www.lankaweb.com\/news\/items\/wp-content\/uploads\/2019\/12\/MCC-proposed-urben-planning-Sri-Lanka--262x300.jpeg 262w\" sizes=\"auto, (max-width: 740px) 100vw, 740px\" \/><\/figure>\n\n\n\n<p><strong>MCC cannot erase the rights of Sri Lanka\u2019s future generations&nbsp; <\/strong><\/p>\n\n\n\n<p>When\nlate Justice Amarasinghe delivered the landmark verdict in the Eppawela\nphosphate case in the 1990s which ironically was associated with a US &amp;\nJapanese tie-up with a rail track from Anuradhapura to Trincomalee, he cited\nthat <strong>a government was only custodians and the land and all of its resources\ncould not be harmed and made unavailable to future generations.<\/strong> This\njudgment has set a precedence for the giving away of lands &amp; resources and\nshould be a solid foundation to any decision vis a vis MCC land and road\nproject proposals. <strong>State land cannot belong to anyone outright be it Sri\nLankan or Foreigners.<\/strong> All state land\/resources that holds the inalienable\nsovereignty of the people must be held with the State functioning only as\ncustodian and caretaker on behalf of future generations.&nbsp;<\/p>\n\n\n\n<p>The MCC\nagreement must be taken as part of the regime change that took place in January\n2015 after which scores of US tie-ups and deals took place while weakening Sri\nLanka via co-sponsorship of UNHRC Resolution and carrying out a campaign to\nvilify the 2 historical pillars that defend the nation \u2013 the armed forces &amp;\nthe Maha Sangha.&nbsp;<\/p>\n\n\n\n<p>Another\nkey aspect seen in the numerous aid\/grants that the former government was\nentering with external parties was the manner that <strong>aid\/grants demanded\nchanges to legislation BEFORE grants\/aid was given.<\/strong> This was a highly\ndangerous scenario \u2013 a government or international body offers to give some\nmoney in exchange for changing Sri Lanka\u2019s laws<strong>. Has the Government or\nofficials thought of the repercussions of changing<\/strong> <strong>land\nlaws and its impacts simply to get some money for which we will not only end up\npaying colossal interest but leave Sri Lanka all the weaker &amp; without land\nto call our own!&nbsp;<\/strong><\/p>\n\n\n\n<p>A\ncloser look at the pre-conditions of the MCC as shown in the PowerPoint\npresentation by MCC in Temple Trees highlights major changes to Sri Lanka\u2019s\nland laws and honoring its commitment, the <strong>Ranil Wickremasinghe Govt removed\nnot only the barriers preventing foreigners to purchase land but also enabled\nforeigners to buy any amount of land in Sri Lanka. <\/strong>So imagine the damage\nthis decision can do to any foreigner or foreign company handing big chunks of\nmoney and buying our land? <strong>What explanation can we give to the future\ngenerations who will be born into a country where land belongs to foreigners?<\/strong><\/p>\n\n\n\n<p>Another\ncloser look at the <strong>MCC \u2018gift horse\u2019 amount of $480 ruse also highlights that\nunder various pre-conditions money has already been disbursed to American firms\ntasked to survey Sri Lanka\u2019s land, digitalize Sri Lanka\u2019s land deeds, cadastral\nmap all state land and resources \u2013 so while US claims to give us a gift from\none hand it is taking back that money from the other hand and that too we have\nto take a loan and the loan is topped off by having to pay interest<\/strong>.&nbsp;<\/p>\n\n\n\n<p>The MCC\nagreement clearly states that Sri Lanka will have to bear costs in addition to\nthe $480m if costs increase. So <strong>do we know how much of this $480m has been\nspent already<\/strong> or will get reduced from the money we have had to give US\nfirms to do the pre-conditions set in the agreement? No, we don\u2019t \u2013 <strong>what the\nnew Govt should immediately do is to find out how many items have been\noutsourced to foreign or local firms, for how much and for how long, which are\nall related to this MCC project.&nbsp;<\/strong><\/p>\n\n\n\n<p>Already\nthe company tasked to digitalize Sri Lanka\u2019s deeds having taken an X amount of\n$ and simply dumped some computers in the Land Ministry, are asking more\nmillions to carry out the rest of the task. <strong>This whole agreement seems to be\npart of a well-planned under cover set up to enable a group of people to ground\nthemselves in Sri Lanka, carry out some tasks for showpiece and share the money\nbetween the outsourced foreign and local companies and a small group of locals\nhandling the project<\/strong> and for that we have a few lobby groups like those\nfinding the path and those verifying the research to present that Sri Lankans\nare refusing some super gift horse!&nbsp;<\/p>\n\n\n\n<p>Everyone\nis taking decisions related to Sri Lanka\u2019s land completely ignoring the experts\nknowledgeable enough to look at the MCC agreement not only from what is\npresented as a rich gateau but considering the repercussions, the national\nsecurity dangers, the demographic dangers, the resource issues once resources\nfall into foreign hands and a plethora of other issues that need to be looked\ntoo in greater detail. Of course, we are all forgetting that the National\nEconomic Council gave a detailed report addressing all above issues and\nrecommended that Sri Lanka does not enter the MCC agreement in view of many a\ndanger they outlined. This report must be distributed amongst all MPs and\nSecretaries so they can read and understand before they go making silly\nstatements to the public.&nbsp;<\/p>\n\n\n\n<p><strong>What\nmust worry Sri Lanka\u2019s policy makers<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li><strong>How many are aware that land statutes\nhave NOT been revised by post-independence governments and some of these\nstatutes data back to 1863<\/strong>\n\u2013 without proper planned revision how can Sri Lanka consider handing these to\nMCC?<\/li><li>MCC,\nUSAID, AUSAID, FAO foreign lawyers and their research teams are more\nknowledgeable about Sri Lanka\u2019s land statutes than any of Sri Lanka\u2019s lawyers.\nThe Sri Lankan experts are knowledgeable but their advice are not heard or\ntaken.<\/li><li><strong>Why have we commenced to digitalize\nstate land registry when the state of the building and the books has not been\nlooked into to be on par with developed nations who are digitalizing their\nrecords.<\/strong> Here we have\nsome very primitive set of records commenced in 1863 and we are suddenly\ndeclaring to digitalize simply because we are forced to achieve a higher status\nin the Ding Business index .<\/li><li>Yes, digitalization commenced but how\nfeasible is the current set up when it falls into foreign hands \u2013 what if\nfunders stop funding? What if private contractors stop work and demand more\nfunding \u2013 presently the foreign company tasked has suddenly raised their fee\nfrom $2m to $7million with nothing done to show for the $2m given. Who is going\nto monitor these? Why cannot it be done by trained&nbsp;people&nbsp; \u2013 why give\nto foreigners clueless about our systems. If our people lack expertise or\ntraining \u2013 why not spend money &amp; train them. <strong>No land registries should\nbe digitalized WITHOUT laws to manage and maintain them being implemented\nfirst.&nbsp;<\/strong><\/li><li>Even without the Land Bank Act being\npassed land details are getting converted to the land bank \u2013 who knows about\nthis and is this happening to a plan or simply because funding has come, land\nregistries are being digitalized as per foreign law not even according to Sri\nLanka\u2019s law. <a href=\"http:\/\/www.ft.lk\/columns\/Sri-Lanka-s-Land-Registry-will-operate-electronically-with-new-law-Bim-Saviya\/4-690407\">http:\/\/www.ft.lk\/columns\/Sri-Lanka-s-Land-Registry-will-operate-electronically-with-new-law-Bim-Saviya\/4-690407<\/a><\/li><li><strong>Of the 10million blocks of lands only\n200,000 lands have been entered into the land registry since 2007. It is\nestimated that the process will take some 50 years!&nbsp;<\/strong><\/li><li>Then\nthe MCC&nbsp;comes along, knows the weak areas, knows the weaknesses of the\npolitical system and says it will give a large chunk of money and demands 11\nseparate land registries to digitalise \u2013 <strong>have\nwe even done proper study before agreeing to these demands or is it simply\nbecause the funds come and anything is ok knowing funding are all opportunities\nfor a handful to split the money!&nbsp;<\/strong><\/li><\/ul>\n\n\n\n<p>Justice\nA R B Amarasinghe in his book \u2018Title Insurance\u2019 pointed the need to amend\nage-old colonial laws which must be changed not to suit western laws but to\nconform with our own history &amp; heritage.&nbsp;<\/p>\n\n\n\n<p><strong>Why\nare we not learning lessons?<\/strong><\/p>\n\n\n\n<p>In 1815\nthe colonial British took over our land claiming we did not have documents\n(Waste Land Ordinance) lands were held by the King and locals were using them\nas grants \u2013 there was no written documents. The British used this drawback.<\/p>\n\n\n\n<p>2020 \u2013\nDo we have documents preserved in land registries as required by law&nbsp; for\nthe next generation to claim the land? Any state land given for a term\nexceeding prescribed period has to have a copy in the Registrar of lands for\nPublic inspection \u2013 this is primary evidence as given in section 62 of Evidence\nOrdinance. Was this done when former President Sirisena gave some 1million\ntitle deeds to farmers along the MCC marked map areas?<\/p>\n\n\n\n<p>Digitalisation\nis&nbsp; so far being done without proper leadership, without proper expertise,\nwithout proper planning, without looking at the dangers and repercussions and\nwithout taking adequate legal measures to protect the interests of Sri Lanka\u2019s\nsovereignty, uphold Sri Lanka\u2019s land rights. Sri Lankans utilizing state land on\nlease etc..&nbsp;<\/p>\n\n\n\n<p>It is\ntherefore suggested that the <strong>President\nshould FIRST appoint a&nbsp;Land Council of eminent experts in land laws to\nlook into the influx of land statutes and to revise the&nbsp; colonial land\nstatutes to suit modern times.<\/strong>&nbsp; <\/p>\n\n\n\n<p>This\nmust be done by lawyers knowledgeable in both, natural resources experts,\nenvironmental experts etc and all land related projects,&nbsp; have to go\nthrough them before being approved by any Minister. Land council should be a\nstatutory body and all land statutes should be made not for keeping up with the\nJoneses and for the false pursuits of capitalism and industrialisation as\nrequired by funding organisations at the expense of agriculture and the customs\nof our people.&nbsp;&nbsp;<\/p>\n\n\n\n<p>There\nis MUCH to do before AGREEING to MCC and these steps must be followed first and\nthis is good enough reason to explain to MCC as to why Sri Lanka will withhold\nsigning of agreement. <\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><strong>Shenali D Waduge<\/strong><\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>MCC cannot erase the rights of Sri Lanka\u2019s future generations&nbsp; When late Justice Amarasinghe delivered the landmark verdict in the Eppawela phosphate case in the 1990s which ironically was associated with a US &amp; Japanese tie-up with a rail track from Anuradhapura to Trincomalee, he cited that a government was only custodians and the land [&hellip;]<\/p>\n","protected":false},"author":1498,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[47],"tags":[],"class_list":["post-96171","post","type-post","status-publish","format-standard","hentry","category-shenali-waduge"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/96171","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1498"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=96171"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/96171\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=96171"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=96171"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=96171"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}