The Commissioners of LLRC
The Commissioners of LLRC
The Commissioners of LLRC
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and collecting information. <strong>The</strong> indication at the<br />
bottom <strong>of</strong> the form is that authentication <strong>of</strong> Title<br />
will be ultimately decided on observation and<br />
certification from the Grama Niladharis which<br />
arrangement is unsatisfactory.<br />
He requested the Parliament to direct the<br />
Secretary, Ministry <strong>of</strong> Lands and Land<br />
Development to cancel the announced system <strong>of</strong><br />
registering lands as there are thousands without<br />
deeds. In addition some owners <strong>of</strong> the property in<br />
Jaffna live outside Jaffna and in foreign countries.<br />
“What is the arrangement that the Secretary to<br />
the Ministry <strong>of</strong> Lands and Land Development has<br />
made for these types <strong>of</strong> persons to apply and get<br />
a new deed? This can be made applicable only<br />
to those people who are living and having deeds<br />
in the Northern Province. <strong>The</strong>re is another type <strong>of</strong><br />
people in Jaffna who own lands but they do not<br />
have deeds. When a person dies intestate, his<br />
properties devolve around his children. <strong>The</strong>y need<br />
not have deeds unless, <strong>of</strong> course, they make a<br />
deed <strong>of</strong> declaration.” (34)<br />
In their Interim Report the <strong>LLRC</strong> stated that “In<br />
order to address certain apprehensions among the<br />
people in the affected districts on land issues, the<br />
commission recommends that a clear statement<br />
<strong>of</strong> policy be issued by the government that private<br />
lands would not be utilized for settlements by any<br />
government agency.”<br />
Commenting on the progress made the IAAC<br />
states that the solutions to some <strong>of</strong> these issues<br />
cannot be addressed by existing legal remedies<br />
as most <strong>of</strong> the documents have been destroyed by<br />
the war. However it states that the government is<br />
pondering whether to implement a land kachcheri<br />
system to address the land issues.<br />
<strong>The</strong> final decision on the matter, however, will be<br />
taken after the <strong>LLRC</strong>’s final report which means<br />
that if the process will be implemented, it will be<br />
towards the middle <strong>of</strong> 2012.<br />
“As highlighted in the <strong>LLRC</strong> process, the<br />
Government <strong>of</strong> Sri Lanka (GoSL) recognizes<br />
the complexity <strong>of</strong> land related grievances and<br />
its impact on the lives <strong>of</strong> civilians as arising from<br />
the protracted conflict. Some <strong>of</strong> these issues<br />
need solution which cannot be <strong>of</strong>fered through<br />
existing legal remedies due to the devastation <strong>of</strong><br />
administrative infrastructure and private and public<br />
documentation as a result <strong>of</strong> 3 decades <strong>of</strong> conflict.<br />
In view <strong>of</strong> the hardship and pain <strong>of</strong> mind caused<br />
to civilians from land related issues. GoSL will<br />
expedite necessary administrative measures. A<br />
land Kachcheri system is being considered by the<br />
GoSL, while awaiting the final recommendation<br />
<strong>of</strong> the LLC on this complex issue. Demining has<br />
been accelerated so that more land can be made<br />
available for resettlement. Complex issues arise<br />
in regard to lands that were expropriated by the<br />
LTTE for allocation thereafter outside the law <strong>of</strong> the<br />
land. Steps are afoot to allot lands to the original<br />
owners, who have thus had to face expropriation.<br />
Land Kachcheris-a mechanism <strong>of</strong> state land<br />
allocation where the Government Agent <strong>of</strong> the<br />
District after due and fair inquiry plays a central<br />
role in assigning ownership and tenurial rights,<br />
will soon be held with ever greater regularity. It is<br />
a constitutionally recognized fundamental right <strong>of</strong><br />
every citizen to choose his residence anywhere<br />
within Sri Lanka and the GoSL categorically states<br />
that there is no policy <strong>of</strong> forced settlement by the<br />
GoSL. Furthermore, it is categorically stated that<br />
any citizen <strong>of</strong> Sri Lanka is free to purchase land or<br />
own land anywhere in the country. “<br />
On the other hand with the repealing <strong>of</strong> the<br />
Emergency Regulations by the government from<br />
August 30 the security forces claimed that they<br />
will withdraw from some locations. However<br />
with government planning to implement a new<br />
set <strong>of</strong> regulations based on the US’s Homeland<br />
Security Act it is not very clear what the future<br />
holds for those whose lands have been taken<br />
over by the security forces. (35)<br />
However the IAAC reiterates the government’s<br />
<strong>of</strong>ficial line in their progress report. “<strong>The</strong>re is<br />
no policy <strong>of</strong> expansion <strong>of</strong> High Security Zones<br />
(HSZ), as alleged by some. On the contrary, the<br />
policy is to shrink such Zones, as rapidly and as<br />
significantly as possible. <strong>The</strong> GoSL expects that<br />
with the implementation <strong>of</strong> the two projects in<br />
the North to develop 100,000 housing units, the<br />
housing issue could be greatly eased. <strong>The</strong> GoSL<br />
will encourage the process where, except when<br />
essential for security reasons. High Security<br />
Zone (HSZ) lands are being progressively<br />
released. This has already commenced in<br />
the areas surrounding the Palaly HSZ. <strong>The</strong><br />
GoSL notes the progress already underway as<br />
initiated by the Special Committee under the<br />
Chairmanship <strong>of</strong> the High Court Judge Jaffna.<br />
THE WAIT FOR JUSTICE 27