{"id":99191,"date":"2020-02-22T19:51:35","date_gmt":"2020-02-23T01:51:35","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=99191"},"modified":"2020-02-22T09:14:19","modified_gmt":"2020-02-22T16:14:19","slug":"can-sri-lankas-government-give-state-land-deeds-to-only-some-citizens","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2020\/02\/22\/can-sri-lankas-government-give-state-land-deeds-to-only-some-citizens\/","title":{"rendered":"Can Sri Lanka\u2019s Government give STATE LAND DEEDS to only SOME CITIZENS"},"content":{"rendered":"\n
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Sri Lanka is an island nation. The land\ndenotes Sri Lanka\u2019s sovereign territory. Sri Lanka\u2019s constitution is clear that\nsovereignty is inalienable & in the People. It is the people whose powers\nare delegated to the Executive, Legislature & Judiciary to exercise on\nbehalf of them. A government, Parliament & judiciary all hold positions for\na term only. But the inalienable sovereign powers of the People has no time\nlimit. So the delegated powers, the 3 pillars of governance enjoy, are what has\nbeen devolved to them by the People. Sri Lanka\u2019s Constitution also affords some\nfundamental rights & basis of this is the Right to Equality. This\nessentially means the 3 pillars are bound to treat all citizens equally. We are\nhearing media reports that certain citizens who have no land ownership are\nbeing given state land with provision to even sell. This is a violation of fundamental\nrights of all citizens and moreover it will pose a risk if the new owners end\nup selling land to foreigners. State land cannot be put for sale it must be\nsustained for future generations. A Govt elected for a term cannot dole out\ndeeds to only some citizens which is violating the \u2018right of equality\u2019. If a\nGovt sells all state land to present citizens what is left for the State to\ngovern & what is left for the future generations? <\/p>\n\n\n\n

Chapter\n1: 3 of the Sri Lankan Constitution very clearly states – <\/strong><\/p>\n\n\n\n

In the Republic of Sri Lanka sovereignty is in the People and is inalienable.<\/strong> Sovereignty includes the powers of\ngovernment<\/strong>, fundamental rights and\nthe franchise\u201d<\/strong> while Article 12 of the Constitution states “No citizen\nshall be discriminated against on the grounds of race, religion, language,\ncaste, sex, political opinion, place of birth or any such grounds”. The Supreme Court has held\nthat state land is held by the state IN TRUST for the people. <\/strong>(Land Ownership Bill Special\nDetermination No.26A-36\/2003) No person can acquire prescriptive title to state\nland by virtue of having a permit (section 161, Land Development Ordinance).<\/p>\n\n\n\n

22 Feb\n2020<\/strong>\nnews report says that 2500 living on land belonging to Land Development\nCommission in Badulla, Ratnapura, Moneragala districts will be given land deed\nownership.<\/p>\n\n\n\n

\nhttps:\/\/www.srinews.org\/news\/archives\/891?fbclid=IwAR1JVLFKmqhHGZYsi0cc0sFsAzKfnu7exL8cdjfC-FacVJDpl57JynOSgRU\n<\/div><\/figure>\n\n\n\n

On 10\nDecember 2019<\/strong>, Minister Chandrasena presented to the Cabinet, a detailed proposal a\n\u2018Plan to accelerate the \u2018Management of State Land\u2019.<\/p>\n\n\n\n

(http:\/\/cabinetoffice.gov.lk\/cab\/index.php?option=com_content&view=article&id=16&Itemid=49&lang=en&dID=10291)<\/a>\n<\/p>\n\n\n\n

Accelerated Programme for State Land\nManagement planned to be implemented from the month of December 2019 up to the\nmonth of March 2020 by the institutions coming under the purview of the\nMinistry of Lands & Land Development. The programmes involved issuance of\npermits, Grants and Leases, in terms of the Land Development Ordinance and the\nState Land Ordinance after holding Land Kachcheries, conducting Mobile Days and\nField Day programmes, issuance of Title Certificates under the Title\nRegistration Act, regularizing of Land Data System, Launching of the New\nEdition of the Road Map and the preparation of Land Manual etc. are anticipated\nto be implemented. <\/p>\n\n\n\n

In\nJuly 2019 <\/strong>then PM Ranil Wickremasinghe pledged to give freehold ownership of land to\nall Sri Lankans. He gave land deeds to 1500 people in the Ampara district \u2018in\nline with the program to give 1million land deeds\u2019. He went on to say that the objective\nof the yahapalana govt was to \u2018amend the existing land laws & to give\nfreehold ownership of the land to the people who have been enjoying land for 10\nyears\u201d. He adds that it took over 2 years to draft the bill.<\/p>\n\n\n\n

http:\/\/www.colombopage.com\/archive_19A\/Jul07_1562522378CH.php<\/a><\/p>\n\n\n\n

July\n2009 PM continues to promote one million deeds\u201d<\/strong><\/p>\n\n\n\n

PM Ranil in Nawalapitiya declared that the\nyahaplana govts economic policy was aimed at \u2018expanding free market economy in\nSri Lanka\u2019 and reiterated against that \u2018giving outright land ownership to the\npeople is a part of the government\u2019s policy of safeguarding the economic\nfreedom of the people\u201d. “The government is now distributing one million\ndeeds to the people granting them outright ownership of their land\u201d<\/p>\n\n\n\n

However, the Movement for Land & Agricultural Reform (MONLAR)\ncautioned against the move claiming that large multinational companies have\nmade small time farmers bankrupt and are buying off their agricultural\nland,” Chinthaka Rajapakshe, Convener of (MONLAR)  <\/p>\n\n\n\n

http:\/\/www.island.lk\/index.php?page_cat=article-details&page=article-details&code_title=207464<\/a><\/p>\n\n\n\n

In July 2018 then health minister Rajitha\nSenaratne said that PM Ranil would grant 150,000 families land deeds and\nanother 1.6million thereafter. The article also discloses that PM Ranil was\nplanning to given 1.3m land deeds in 2002 too but his government had been dissolved\nbefore that! <\/p>\n\n\n\n

https:\/\/www.dailynews.lk\/2018\/07\/28\/local\/158092\/\u2018land-deeds-150000-families\u2019?page=14<\/a><\/p>\n\n\n\n

7 October\n2017 Yahapalana launched granting of 1million land deeds <\/strong>by Ministry of Lands\nto those on lands under the Lands Reform Commission. <\/p>\n\n\n\n

The disbursement of 1.5million land deeds is\npart of the State Land privatization bill connected to a key precondition of\nthe Millennium Challenge Corporation. The Bill was challenged in court & to\nwhich the Supreme Court held that it must be included into the Order Paper\nafter obtaining consent of the provincial councils. Inspite of this ruling the\ngovernment is continuing to dole out land deeds. <\/p>\n\n\n\n

Let\u2019s now envisage the scenario better:<\/p>\n\n\n\n

People who were on land owned by the state,\npeople who never had land ownership are being given not only a land deed giving\nthem land ownership but they are also able to sell that land & place land\nas collateral for bank loans. The Government is also claiming that if the new\nowner does sell the land he can use the money for another economic venture. In\nother words the government wants farmers to look for alternative means of\nlivelihood. Non-agricultural investments will have bigger opportunities. So, is\nthis the overall objective in giving land deeds to farmers?  <\/p>\n\n\n\n

84% land including resources on it belong to\nthe State. Presently state land is given on permits with restrictive\nconditions. The permit holders may not have a piece of paper claiming they own\nthe land but they have been living for generations in it and they can be\nassured they have a land to live, a livelihood and a roof over their head &\nrecipients of handouts by the government including various welfare measures. <\/p>\n\n\n\n

Now fast forward & place them as private\nland owners. The government has no duty or responsibility over them or their\nwelfare. The land owner is on his own. He & his family are on their own. In\ntimes of difficulty they can only go to the bank & seek loan. Will banks\ngive loans to anyone who has inconsistent monthly revenue? What happens when\nthe land owner cannot repay the loan taken by the bank. The bank takes over the\nland & eventually will decide the auction that land. Imagine 1.5million\nsuch land put for sale. Who in Sri Lanka has the money to buy such extents of\nland? If no Sinhalese, Tamil, Muslim can buy the land what next happens \u2013 the foreigner\nsteps in because the yahapalana government amended in 2018 the Land\n(Restrictions on Alienation) Act No. 38 of 2014 enabling foreigners to buy land\n& own property. So who will eventually own this 1.5million land deed given\nlands? The foreigners. <\/p>\n\n\n\n

So what happens to the farmer & his\nfamily \u2013 he has no land, no means of living, no house to live, no place to\nstay. 1.5million families given deeds means minimum 5million people likely to\nbe internally displaced. Does the Govt have any obligations to find him land or\nhome or livelihood? Where does this farmer & his family go to? There is\nonly the sea surrounding Sri Lanka which is the only territory Sri Lanka has\nleft unless that too has been given to foreigners! <\/p>\n\n\n\n

Who has thought about the likelihood of 5million people becoming internally displaced? <\/p>\n\n\n\n

\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\nWhat\nwas the benefit these 1.5m land deed ownerships on a piece of paper got in the\nend? \n\n\n\n<\/p>\n\n\n\n

A government is only in power for a term\n& holds power over lands & resources of Sri Lanka in TRUST.<\/p>\n\n\n\n

A government is not entitled without the\nconsent of the people to be giving land deeds that secures Sri Lanka\u2019s sovereignty\nto only SOME citizens only.<\/p>\n\n\n\n

If a government decides to give land deeds then\nthe government has to give all 84% of land that belongs to the State to all the\n21million citizens in Sri Lanka PLUS leave enough land & resources to the\nfuture generations too. <\/p>\n\n\n\n

How realistic, practical & legal is this?\n  <\/p>\n\n\n\n

Ultimately the Govt is putting Sri Lanka in\ntrouble, itself in trouble, the new land owners in trouble & creating a\nproblem that the government has no scope to resolve! <\/p>\n\n\n\n

Shenali\nD Waduge<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Sri Lanka is an island nation. The land denotes Sri Lanka\u2019s sovereign territory. Sri Lanka\u2019s constitution is clear that sovereignty is inalienable & in the People. It is the people whose powers are delegated to the Executive, Legislature & Judiciary to exercise on behalf of them. A government, Parliament & judiciary all hold positions for […]<\/p>\n","protected":false},"author":1498,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[47],"tags":[],"class_list":["post-99191","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\/99191","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=99191"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/99191\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=99191"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=99191"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=99191"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}