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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

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