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SRI LANKA: Land Ownership and the Journey to Self-Determination

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SRI LANKA: Land Ownership and the Journey to Self-Determination Land Ownership and the Journey to Self-Determination SRI LANKA Country Paper Land Watch Asia SECURING THE RIGHT TO LAND 216 Acknowledgments Vavuniya), Mahaweli Authority of Sri Lanka, Hadabima Authority of Sri Lanka, National This paper is an abridged version of an earlier scoping Aquaculture Development Authority in Sri study entitled Sri Lanka Country Report: Land Watch Asia Lanka, Urban Development Authority, Coconut Study prepared in 2010 by the Sarvodaya Shramadana Development Authority, Agricultural and Agrarian Movement through the support of the International Land Insurance Board, Coconut Cultivation Board, Coalition (ILC). It is also written as a contribution to the Janatha Estate Dvt. Board, National Livestock Land Watch Asia (LWA) campaign to ensure that access Development Board, National Water Supply and to land, agrarian reform and sustainable development for Drainage Board, Palmyra Dvt. Board, Rubber the rural poor are addressed in development. The LWA Research Board of Sri Lanka, Sri Lanka Tea Board, campaign is facilitated by the Asian NGO Coalition for Land Reform Commission, Sri Lanka State Agrarian Reform and Rural Development (ANGOC) and Plantation Cooperation, State Timber Cooperation, involves civil society organizations in Bangladesh, Geological Survey and Mines Bureau, Lankem Cambodia, India, Indonesia, Nepal, Pakistan, the Tea and Rubber Plantation Limited, Mahaweli Philippines, and Sri Lanka. Livestock Enterprise Ltd, National Institute of Education, National Institute of Plantation Mgt., The main paper was written by Prof. CM Madduma Department of Wildlife Conservation Bandara as main author, with research partners Vindya • Non-Governmental Organizations Wickramaarachchi and Siripala Gamage. The authors Plan Sri Lanka, World Vision Lanka, CARE acknowledge the support of Dr. Vinya Ariyaratne (General International Sri Lanka, Practical Action Sri Lanka, Secretary, Sarvodaya) and Dr. AT Ariyaratne (Founder Consortium of Humanitarian Agencies (GTE ) and President, Sarvodaya). Many others assisted in this Limited, Sewalanka Foundation (SLF) paper by providing relevant information and views— • International Organizations through verbal and written interviews, and participation United Nations Development Programme (UNDP), in two national workshops convened in 2010 for this International Union for Conservation of Nature study. They include officials from government, state (IUCN) and private corporations, and civil society organizations, • Private Institutes to wit: CIC, Bim Saviya • Government, Authorities, Boards and Co-operations Seema Gaikwad provided feedback on the scoping study, Land Use Policy Planning Division (LUPPD), which Dianna Mendoza abridged. Antonio Quizon and Dpt. of Agriculture, Dpt. of Forest, Dpt. of Wild Catherine Liamzon edited this version for publication. Life Conservation, Land Commission Dpt., Dpt. of Land Settlement, Dpt. of Irrigation, Dpt. of Export Photographs were downloaded from the SARVODAYA Agriculture, Coast Conservation Dpt., Dpt. of. Photobank found in www.sarvodaya.org. Archeology, Dpt. of Animal Production and Health, Dpt. of Agrarian Development, Ministry The concluding section on “Way Forward and the Efforts of Plantation Industries, Ministry of Industrial of Civil Society in Safeguarding Land Rights” was Development, Ministry of Healthcare and Nutrition, written and added by Sarvodaya in 2011. Ministry of Education, District Secretariats (Ampara, Anuradhapura, Badulla, Batticaloa, Colombo, Galle, Gampaha, Hambantota, Jaffna, Kalutara, Kandy, Kegalle, Kilnochhiya, Kurunegala, Mannar, Matale, Matara, Moneragala, Mulathivu, Nuwara Eliya, Puttalam, Ratnapura, Trincomalee, LAND OWNERSHIP AND THE JOURNEY TO SELF-DETERMINATION 217 Acronyms Colonization schemes or “colonies” — state-sponsored land settlement schemes under major CLEO Crown Lands Encroachment Ordinance of 1840 irrigation projects CLO Crown (State) Land Ordinance of 1947 Crown land — referred to as “state land”, includes all CSO civil society organization lands in Sri Lanka to which the government is FAO Food and Agriculture Organization lawfully entitled to or which may be disposed ha hectare by the government with all rights and HSZs high security zones privileges attached to such land IDP internally displaced person Disposition — any transaction of whatever nature INGO international non-government organization affecting land or the title thereto and includes LDO Land Development Ordinance of 1935 any conveyance, devise, donation, exchange, NIRP National Involuntary Resettlement Policy lease, mortgage or transfer of land NLC National Land Commission Encroachment — unlawful occupation of state lands NGO non-government organization Encroachment regularization — giving legal recognition to encroached land through permits Glossary Evict — in relation to a tenant cultivator of paddy land, means to deprive a tenant cultivator of his Bethma Custom whereby only part of the right to use, occupy and cultivate the whole or paddy fields are cultivated during any part of the extent of paddy land let to him a season when the water level of by the use of direct or indirect methods the tank is low Instrument of disposition — any instrument or Chena Slash-and-burn agriculture in the document whereby any disposition of state highlands land is effected and includes a grant, lease, Deshodaya “Awakening the nation”; permit or license relating to state land governance program for Kachcheri — the office of a government agent or the community empowerment District Secretary also presently referred to as Farmer Organization Official village-level institution District Secretariat established under the Agrarian Land grant — a grant of land from the government Development Act under an act or ordinance Grama Niladhari Village-level government officer Land grantee — the person to whom any state land or Grama swaraj Self-rule right or interest in such land is given Krupanisa Agricultural research and Land holding — land alienated by the government and production assistant operating at includes any part thereof or interest therein the village level Land Kachcheri — a formal meeting held in the A SIAN Purana An ancient village in the dry zone prescribed manner for the purpose of selecting NGO C Purana welas Old rice fields allottees for alienating state land Samurdhi Poverty relief program aimed at Land officer — the officer dealing with state land OALITION creating prosperity matters at district or divisional level FOR Shramadana Donation of labor for self-help Mapping-out — the allocation and reservation of state A GRARIAN land for one or more of the purposes specified R LEGAL TERMS under the LDO EFORM Alienation of land — transfer of state land under the Regulation — a regulation made by a minister under an AND provisions of the Land Development Ordinance act or ordinance R URAL (1935) D EVELOPMENT SECURING THE RIGHT TO LAND 218 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 1234567890123456789012345678901212345678901234567890Quick Facts 1 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 1234567890123456789012345678901212345678901234567890Sri Lanka has a land area of 1 SRI LANKA 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 123456789012345678901234567890121234567890123456789065,525 square kilometers. 1 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 1234567890123456789012345678901212345678901234567890Agricultural land covers 2.3 1 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 1234567890123456789012345678901212345678901234567890million hectares. 1 AND 12345678901234567890123456789012123456789012345678901 Policy Legal Environment 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 OF TO AND 1234567890123456789012345678901212345678901234567890Population: 20.2 million (Food and 1 Access Land Tenurial 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 1234567890123456789012345678901212345678901234567890Agriculture Organization, 2009) 1 Security 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901 12345678901234567890123456789012123456789012345678901
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