1. Land Disputes and Development in Sri Lanka
Professor N. Selvakkumaran, University of Colombo
Tiernan Mennen,
Abt Associates

2. Background
Sri Lanka – 26 year civil war ended in 2009; Tamil, Muslim minority communities; high population density
USAID-funded justice reform project
Project identified a large number of unresolved land disputes through local branches of Legal Aid Commission
Field investigations with affected communities to determine cause and solutions - in two areas:
Eastern Province – conflict affected and high-levels of displacement
Sabaragamuwa Province

3. Findings Legal Analysis
82% of land in Sri Lanka is currently owned by the state; 18% private – derived mostly from “Crown” ownership under the British
Crown Lands Encroachment Ordinance, “After the last King of Kandy was deposed, the British claimed on behalf of the Crown all forest and uncultivated lands and land not specifically granted to individuals.”
A few land reform laws attempted to transfer lands via grants, but most rights transfers are usufructuary in the form of permits
A labyrinth of laws and institutions that govern state land, with no controlling national land policy or land commission

4. Findings
Disputes
Over 6,000 families affected by land disputes in areas studied in Sabaragamuwa and Eastern
Most disputes center on state land usurpation
No title documents have been issued, or will not be until high tax is paid based on high land valuation
Mahaweli authority, Forest Department, Board of Investment, and other government agencies acquired the land by gazette
In some cases, occupants had been displaced by the war

5. Ullaikulam Land Issue in the Trincomalee District
Findings
Disputes
Ullaikulam Land Issue in the Trincomalee District
There are claims and counter-claims from members of the Muslim community and Tamil indigenous community to the lands in question. Around 450 acres of land and 125 families are involved in this issue. The difficulties arose due to the civil war, when the then occupants or users of these lands abandoned the place as well as lost most of the documents of title such as permits, and grants under the Land Development Ordinance. The relevant office does not seem to possess the original documents and this has led to some tension and rift between two ethnic communities of the area.
When Focus Group Discussions were conducted by the Legal Officers of LAC with the concerned parties, there was no unequivocal evidence to say that these lands were occupied and used by members of one community to the exclusion of the other. The departmental records do not help in reaching a conclusion either.

6. Title issues in Mahaweli Areas in Embilipitiya
Findings
Disputes
Title issues in Mahaweli Areas in Embilipitiya
In Embilipitiya, many people live in a “special area” declared by the Mahaweli Authority of Sri Lanka. These people claim that they are being required to pay very high taxes by the Mahaweli Authority on the basis of the current value of the lands rather than on the value at the time of their occupation of the property. The current value includes improvements to the property and in some cases may be as high as Rs. 800,000. These are too high for farmers and local people to afford. Since they cannot pay the tax they have not been given title to the land. This creates immense difficulties with regard to obtaining loans, gaining government school admissions for their children, etc.
When a provincial forum on this issue was conducted, representative of the Mahaweli Authority and the Chief Valuation Officer agreed that this type of valuation has caused injustice to the people. More than 2,000 people are affected by this issue and some of the affected claim that they and their ancestors were living in those areas before the Mahaweli Authority was established.

7. Findings Causes of Disputes
Pressure on land and inefficient state management encourages squatting on unused plots
No local land use planning – no authoritative land law or policy on this
Instead, overlapping authority of multiple institutions
Displacement and restitution creates further complications and has not been adequately addressed
Grievance or dispute resolution mechanisms not active or ineffective (incl courts)
Antiquated colonial-era laws remain and do not allow for more efficient, local, market-based uses of land

8. Findings Recommendations
Establish a National Land Commission – per the 13th amendment to the Constitution (1987) – with representation of all Provincial Councils
Support the Commission to create a National Land Policy, which balances the needs of the people for land for livelihood purposes
Complete current efforts to establish a land bank that has the administrative capacity to collect and manage land data to facilitate land use planning
Create a comprehensive land law that streamlines the various laws and ordinances that give overlapping authority over state land to different government agencies

9. Findings Recommendations
Encourage further alienation of state land to private ownership, in recognition of its origin as Crown land
Improve the rule of law mechanisms for land disputes – including free legal aid for land disputes and addressing the massive court delays for land partition and other cases. Greater use of ADR/mediation.
Administrative responsibility for land disputes needs to be established so that the appropriate authorities do not refer cases to others rather than solving issue

10. Thank You Professor N. Selvakkumaran - nselvak@gmail.com
Tiernan Mennen –