Prevailing land issues in the North

Living conditions of the residents: no electricity, no water

                   In Sri Lanka, land could be argued to have been a critical factor in the ethnic conflict that intensified and resulted in the outbreak of a war that spanned over two decades. Most individuals in Sri Lanka will identify land as a fundamental element that defines their life. Ownership or the control of a certain area of land including the extent of land owned indicate a person's wealth and social status. Although discussions on land and related issues and attempts to resolve disputes at a community level did run concurrent to the conflict and heightened during the Ceasefire Agreement (CFA) and the post-tsunami period, no concrete steps were put in place to fully address the issue and its root causes in order to provide sustainable alternatives to some of the underlying problems and disputes that could have been significantly decreased. As we trudge through the land in Jaffna, we come across many of the difficulties that the civilians of the region are facing due to the lack of resources and care available to them. Some these issues include: burial rights, boundary lines, farming and agriculture, High Security Zones, Resettlement of Sinhalese, Tamils and Muslims, Abandoned Lines and Internally Displaced Personnel.

Dilapidated house, huts make for the majority of the living condition

                  These issues are obstacles to civilians accessing, utilizing and securing control of their lands. The loss and destruction of documentation suffered by both the owners and relevant officials is a key problem. Occupation by a range of secondary individuals including the displaced, the military, the police or other state representatives is an additional issue that requires more attention. This challenge is tied to the problem of competing claims where two or more individuals claim ownership over the same property. In some cases this may even be a private individual and the state contesting ownership. The involvement of the state, the LTTE or other armed groups and powerful civilians in seizing and controlling the ownership of land, or even distributing the land to other civilians has further complicated matters in determining the ownership rights. The post-war period saw an upturn in the State having made their interest in acquiring land on national security or development grounds which tend to increase the problems in relation to this issue. The major issue faced by many civilians currently is Landlessness. Lack of awareness and understanding among civilians in relation to valid documentation or the crucial importance of land ownership has led to addressing the problem of land more complicated and controversial.

                  Competing claims over plots of lands are becoming increasingly complex as they are not simply between individuals but also between state, non-state and religious entities. These claims however complex have the ability to cause more tension among civilians as the question of whose claim is more legitimate comes to mind. This further leads to the trust people put in the Government and to how committed they are to peace and and their honest intentions. To complicate the issue further, many lost their documentation during displacement and face obstacles in providing proof of land ownership while others purchased or sold the land without following legal procedures during times of conflict, which have now led to further issues. Minister for Land and Land Development, Land Commissioner General are some main authorities that deal with the issue of land. However, important roles are played by both the Ministry of Economic Development and the Ministry of Defence in this issue. Furthermore, the military has maintained a strong presence in the Northern Province, and one may argue their increasing involvement in administrative functions. As such, land is not simply a civilian issue.

                 Over the past fews years, following the ending of the war, the Government resettlement initiatives in the North have seen almost 250,000 people or 95% of official Internally Displaced People return to their homes and communities. However, those who have been officially resettled still may not have access to their homes or lands and have limited options in providing for a livelihood based around land or fishing. Boundary lines have become a constant issue in relevance to land. With the end the three decade war, large areas have been demined and civilians have returned amidst the militarization, assistance and development programmes.

                   Mr. V. Sakthivel, Jaffna Mediation Board Chairman, said in an interview that the best places for agricultural purposes are located in the high security zone, inaccessible to civilians. “For the past thirty years, this land has been under army control and the government has taken no action.” This was due to the situation of landmines still being at large. However, according to Mr. Sakthivel, this did not provide to be a satisfactory reason for taking this long. The most common issue that is bought forward to the Mediation Board in relevance to land was boundary lines. This has no Government interference and is simply between the land owner and tenant. However, the land commissioner may get involved if necessary to decide on the ownership of land.

Resident of Keerimalai speaks of the hardships they endure

               Keerimalai, an area located a few kilometres outside Jaffna was the center of the war zone, caught in between Government forces on one side and the LTTE on the other. Three years following the end of the civilian war, these civilians still face hardships in their day to day lives in order to survive. Education, food, water, electricity, transport have become major concerns in their daily lives as they struggle. However, despite all these, the major problem they tend to face is not having a cemetery to bury the deceased people or to even pay their last respects due to the cemetery being located either miles away inaccessible without proper means of transport or the cemetery is located within the High Security Zone. When questioned about whether inquiries were made to the Government, they replied saying that the Government says one problem to be solved at a time in a step by step process.

                In relation to burial grounds, these civilians face severe difficulties in burying a deceased and paying their last respects mainly due to the excessive lack of resources. In order to complete the burial rituals for a deceased, they need to be taken through the sea where the deceased is carried on their shoulders due to the unavailability of taking them from the road. Transportation plays a major role in the burial process since these individuals have no access to any means of transport. This becomes a major concern due to the fact that even wood fires and all other necessities that are required need to be carried. The Navy is in control of the cemetery located within the High Security zone which is inaccessible and till date only three bodies have been allowed. Due to the difficulties they face, these civilians merely request only for a cemetery to pay their respects to the deceased. In the present, these civilians have simply resorted to leaving the body in town and having the funeral there. This dire situation does make them very uncomfortable due to not being able to properly respect the deceased. However, for them, there is no other solution.

                 As the interview progresses, this civilians speak of the day to day hardships they face with the lack of water and electricity. To gain access to water, one has to travel a few miles. Education for the children have been disrupted with no school being available in the district. The nearest available school is located in Naguleshwaram which is few miles from this district and only provides education for older students, leaving the young ones with no access to educational materials. Almost hundred families have taken up residence in this district. However in order for them to reach a bus stop, a minimum of two miles need to be walked. Most had taken up residence in Vavuniya during the war time.

                  When asked about the ownership of land, they had been told that they need a deed. However, this task is provided to be impossible due to the fact that to get access to a deed it would cost around Rs. 18,000 according to them. These civilians do not go to court due to the cost factor and because they can not fight the system, and continue to live in fear. They dip into a few historical facts. After leaving in the 1990's due to the escalation of the war, they returned twenty one years later in the hope of beginning a new chapter in their lives. This area was famous for the cultivation of grapes and betel leaf. However, due to the prevailing conditions, further continuation of farming and agriculture is seemingly impossible. The query these civilians desperately seek an answer for is why they cant have their own land, enabling their children to go to school and receive an education, for them to perform religious functions, have access to water and electricity without facing hardships on a daily basis?

¨Why can we provided with basic needs?"

                   A major issue prevailing in the North is the role of women and their empowerment. Women face many obstacles in the process of owning and controlling or even accessing their lands. The thirty year long conflict had a profound impact on the lives of women who were set to take up the challenge of dealing with family burdens placed with them due to the absence of a male authority figure. A significant number of households in the North and East are led by women. This could be due the the death or disappearance of male figures in the family. These circumstances have led women to assuming the key role in decision-making. According to reports by the Jaffna Mediation Board, Jaffna is estimated to have around 20,000 widows. However, social norms take precedence as some find it difficult in accepting women as the head of households, leading to women continuing to take a back seat in family matters and letting the male members play a more active role especially over land related issues. This may be the situation even if the land is in fact written in the name of the woman, which is mostly in the case of dowry. Increase in women as leading households have seen them running back and forth and dealing with officials to report land issues, instead of males. In order to secure land ownership, women are seen actively engaging with officials and agencies or any other actors to obtain livelihood assistance. However, despite women empowerment slowly making progress, ownership and control of land is not a guarantee that women can fully enjoy since the question of whether women who own land have the liberty to decide its best use. Securing land ownership may even prove to be difficult for many women who face the difficulties of securing a death certificate of the male figure but even more from the husbands family who may not want a woman owning land or controlling the running of a household. However, a primary obstacle is that women themselves are unaware of their claims and rights, especially in relevance to land, due being uninformed and unaware. Furthermore, violence against women in any form, regardless who may be the perpetrator, will cause a significant impact on women's rights to land and their livelihoods, further impacting their families. In the face of violence or fear of reprisals, women may not be able to negotiate their claims to land and right to access land.

                      These issues have become of such margin due to the attitudes in our country in relation to women as a leading figure of a household. Such attitudes are prevalent even among government officers, lawyers and women themselves. Most women tend to believe in conforming to the traditional gender roles of the male being the head of the house, thereby creating a rift for their own rights. This train of thought leads to the necessity of raising awareness in women's rights in order for them to procure what is theirs, including their rights and their rights to land.

               Delays in providing solution to families who land and property is occupied by the military seem to result in a range of problems. These may include loss of livelihoods and distrust of the Government and military, thereby delaying the progress of recovery. Due to the current living conditions, mass resettlement, addressing the issue related to land and further developing for betterment cannot be postponed. One could argue that the civil war may have created specific issues related to land but many of these problems were existent before the conflict and could be linked to major issues such as poverty, social injustice, discrimination or even displacements.

After 30 years of living in fear, they have returned home, hoping for a new beginning

Case Study:

Former MP Lali M Yopeswonam fathers' land has been occupied by unauthorized occupants (22 families) a close relation of theirs came from the United States of America like his legitimate power of attorney and expected the land and noticed that they have been elected small houses without their permission. He goes for trial- each house valued to the Municipal Council. He opts to pay their cost and asked them to evacuate. Some accepted their offer but others wanted some concession amount. Later, the issue was mediated and a small increase amount was paid. Only one occupant refused to accept the money wanted for his land. Later with much forewarning and persuasion, she has agreed to leave the land with a hefty amount as a bribe.

All land disputes settled amicably in payment of money by the ´Ĺand Lord´ at the virtual land owned power of attorney.

Written by: Ayuni Munasinghe