நிலமும் நாங்களும்

Understanding Post-War Land Issues in Northern Sri Lanka
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Understanding Post-War Land Issues

in Northern Sri Lanka
The Maatram Foundation

A
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Understanding Post-War Land Issues
in Northern Sri Lanka
A Publication of The Maatram Foundation

November 2015
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Disclaimer:
This document represents the study conducted by the Maatram Foundation.
Cover Design:
Kamala Vasuki
Publisher:
The Maatram Foundation, 2015
Copyright of this report belongs to The Maatram Foundation. Prior permission from
the foundation is required when duplicating the information provided and/or any
part of the report.
Inquiries:
Postal Address

152, 2nd Lane, Pandarikulam
Vavuniya
Sri Lanka
Telephone:
+94 24 222 3432
Fax:
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Email:
contact@maatramfoundation.org
ii
Acknowledgements
Maatram Foundation is grateful to the participants including the key
informants - of the study, without whom this report would not have been
possible. Our sincere gratitude also to the research team, advisors, editors
and friends who have contributed to this report in a multitude of means and
ways. A special thanks to the Swiss Agency for Development Cooperation
(SDC) and the Embassy of Switzerland in Sri Lanka for financially supporting
this endeavor.
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iv
Contents
Acknowledgements
iii
List of Acronyms
vii
Executive Summary
ix
Introduction
Chapter 1
Military occupation of land in the North
1.1
Why militarise the North(-East)?
1.2
The extent of military occupation of land
1.3
Key features of the militarization project in the post-2009 context.
10
1.4
Case Study: Land acquisition process for the Karainagar Navy Camp
(Jaffna)
11
An update on the state of the illegal high security zone in Valikamam,

Jaffna
11
1.6
Impact of militarisation
14
1.7
Conclusion
17
Issues Relating to Land Documentation
18
2.1
Key issues with regard to land documentation that were identified in the study
18
2.2
Lack of proper documentation over title to (private) land and its impact on
access to permanent housing programmes
20
2.3
Compensation for partial- damage to immovable property
21
2.4
Disputes relating to identification of land boundaries in areas that were formerly

occupied by the military
23
Problems relating to documentation over state lands A case study of

Poompukar in Ariyalai, Jaffna
25
Conclusion
26
Gender and Caste as a Cross Cutting Issue Affecting Land
27
3.1
Gender
27
3.2
Caste
29
3.3
Conclusion
29
1.5
Chapter 2
2.5
2.6
Chapter 3
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Chapter 4
Ethnicity and Religion as Cross Cutting Issues Affecting Land
31
4.1
Ethnicity as a cross cutting issue affecting land
31
4.2
Religion
36
4.3
Conclusion
39
Concluding Observations and Recommendations
40
5.1
Concluding observations
40
5.2
Recommendations
41
5.3
Conclusion
44
Chapter 5
Select Bibliography
45
Annexure 1
44
Annexure 2
51
vi
List of Acronyms
GoSL
Government of Sri Lanka
GA
Government Agent
GS
Grama Sevakar
DS
Divisional Secretary
LO
Land Officer
LDO
Land Development Ordinance
LTTE
Liberation Tigers of Tamil Eelam
FGD
Focus Group Discussion
IDP
Internally Displaced People/Persons
RDS
Rural Development Society
WRDS
Womens Rural Development Society
WDO
Womens Development Officer
MP
Member of Parliament
SLA
Sri Lankan Army
HSZ
High Security Zone
KKS
Kankesanthurai
MoU
Memorandum of Understanding
SLCC
Sri Lanka Cement Cooperation
NEHRP
North East Housing Reconstruction Programme
UNHCR
United Nations High Commissioner for Refugees
REPPIA
Rehabilitation of Persons, Properties and Industries Authority
RRAN
Resettlement and Rehabilitation Authority of the North
LLRC
Lessons Learnt and Reconciliation Commission
UNOPS
United Nations Operation for Project Services
DFID
Department for International Development, UK
NPC
Northern Provincial Council
SFHQ
Security Forces Headquarters
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viii
Executive Summary
The report is a study of land issues in Northern Sri Lanka in the post war-context. Land ownership use, access, and control of land - is central to the wellbeing of the lives and livelihoods of women, men,
families, and communities in the post war rebuilding and reconciliation context of the war torn country.
Despite the end of the armed conflict, insecurity, militarisation of lands and communities, gender based
violence, unemployment, lack of access to water, sanitation, education and other critical services and
resources persist in Northern (and Eastern) Sri Lanka1 .
For peace to be durable and sustainable in Sri Lanka, addressing land issues is essential. There has to
be recognition that the land issue is an essential ingredient of the ethnic conflict and any solution to the
National Question must address the question of land satisfactorily. The solutions to land issues ought to
be found through institutions, mechanisms and frameworks that are in proximity to the people in order
to identify contextualised and sensitised methods of intervention.
Though there is a wealth of literature on land related issues there has been very little focus on the selfunderstanding of land issues as interpreted and narrated by the affected people and in the making of
relevant policies and intervention programmes. The realisation of the existing gap resulted in this study.
The objective of the study was to identify land issues from the perspectives of the inhabitant peoples
of Northern Sri Lanka. The study also hopes to contribute to community driven advocacy initiatives in
the future and strengthen the same to ensure that necessary actions are followed at various levels to
resolve land disputes harmoniously.
Chapter 1 and 2 provide an overview of some of the issues relating to militarization and land documentation.
These chapters do not provide a comprehensive overview of the whole gamut of issues under this topic
but concentrate on issues that have not been covered by previous research. The methodology adopted
is one of qualitative analysis with data being drawn from key informant interviews and numerous focus
group discussions.
In chapters 3 and 4 are about the impact of gender, ethnicity and religion on land issues. These chapters
have applied the storytelling approach in an attempt to provide voice the to the less or unheard voices.
Stories, narratives, and storytelling are central aspects of all cultures. They play key roles both in the
escalation and potentially the de-escalation of intergroup conflicts. In order for the storytelling to be
effective, it must engage the self and other, and provide a narrative that is both understandable and
emotionally compelling. In its worst forms, stories can lead to the development of myths of the other,
which can refuel hatred. However, the story telling approach has been employed in these chapters from
the view point that the open and honest recounting of ones life story, and the willingness to be an
empathic listener for the other, even if this other has caused your group suffering and pain in the past,
can open the door for peacebuilding, reconciliation, and coexistence.
The key finding of Chapter 1 of the study is that militarization of land is an overarching theme that
impacts on land ownership, access and control. The report finds that a key objective of militarization of
land is inter-alia the Sinhala Budhdhisisation of the North-East under the guise of responding to security
threats. It finds that militarization is deeply penetrative in the communities in the North and impacts life
on a daily basis. In this regard the report argues that militarization is not just about land but is also about
militarization of communities. The report recommends demilitarization and demobilisation as a central
part of the programme of dealing with land issues in the North-East.
Key findings in Chapter 2 is that land documentation issues are perverse and that they are equally
1
The scope of the report only covers Northern Sri Lanka.

ix
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serious with regard to both private and state lands. It shows the inter linkage between issues relating
to documentation and militarization and how the centralization of state land has worsened ethnic
relationships. The chapter highlights the need for giving sufficient attention to the issue of reparations
for partially damaged houses in addition to new housing schemes and highlights issues faced by people
who have been given access to their lands which were held by the military for a long time. The chapter
makes it abundantly clear that access to land does not equate with resettlement.
Chapter 3 and 4 contain important narratives about how gender, caste, ethnicity and religion intersect
with the land issue. The chapter brings forth key narratives from the people that reminds us that land
issues are not only related to the question of militarization. The key finding that needs emphasis is the
highly fragmented nature of society and how land issues will remain a constant and permanent problem.
The way forward for tackling these problems is by putting in place fair institutions that can be trusted by
the people to mediate their problems and by building trust between communities.
The report also contains general recommendations that were developed through focus group discussions
and specific recommendations put together by researchers drawing from insights gained through
conducting this research. Maatram Foundation has also put forward its own recommendations in light of
the main findings of the study. The most important of these recommendations as referred to earlier is
that of the demilitarisation of the North-East. We suggest that the end goal should include demobilization
but also suggest practical initial steps that can be taken immediately to remove the military from the
civilian administration and from the day-to-day lives of the people. The report also urges, as pointed by
previous research, the setting up of special mediation boards for inter alia resolving land documentation
related disputes. The report also recommends that a project be initiated to digitally preserve private land
deeds and state land permits. An important recommendation draws attention to the need for devising
compensation schemes for partially damaged property. Recommendations on addressing the gender,
ethnic and religious dimension of land issues are also included in the report.
Introduction
There is significant research on land related issues in the North-East in the post-war context. A number
of informative policy briefs undertaken by non-governmental think tanks are available that shed light
particularly on the legal and policy implications of land related disputes2. The Government has also
recently published a land assessment carried out by the Ministry of Justice in collaboration with Asia
Foundation titled, A Rapid Assessment of Community Level Land Disputes in the Northern and Eastern
Provinces of Sri Lanka. The assessment recommends the establishment of Special Mediation Boards to
resolve the land related disputes in the two provinces3.
The primary emphasis of the present study in comparison with the studies that are already available is to
provide the space for those people in Northern Sri Lanka to self-articulate their own views on land issues.
The belief that drives this study is that the ordinary concerns of ordinary people are the starting point
for any future land advocacy strategies. This report provides an important first step in this process: It is
both a medium to convey their hopes and needs as regards to land issues and seeks to provide activists
and actors involved with a bottom-up perspective of these issues. The latter may be obvious but is rarely
considered seriously in top-down development initiatives, which tend to be agenda-driven as opposed
to needs -based. Specifically, the overall goal of this study is to enable those within Northern Sri Lanka
to acquire the knowledge needed for men and women to advocate for a safe and dignified return to
their land, thereby enhancing individual access to housing, food security and livelihoods in a way that
promotes community cohesion and peaceful coexistence.
The second area of contribution that this study seeks to emphasise is the relationship between land,
justice, peace-building and the search for a political solution. Land as a crucial element of post war
development and peace-building are readily acknowledged but not currently understood in practice.
The structure, approach and methodology of this study may serve as a useful tool in a variety of post
war-settings, not just Sri Lanka.
The claims of the study do not rely on the principles of attribution. For instance, land disputes
alone do not cause poverty or gender based violence. The study does not try to establish a simple
cause and effect approach. Instead, it brings out the complexities of everyday lives that play
a vital role in ensuring land rights. The road to reclaiming land rights is not a smooth one. The
travellers as well as the carriers will have to be mindful of such complexities that might interrupt the
journey. The study highlights a range of such complexities articulated by the people. However, it is
not a complete list. More such studies are required to have a comprehensive understanding of all
communities residing in the North. The travellers may never get to their desired destinations, if the
complexities are ignored. Thus, the preparations done before commencing the journey becomes
critical. The study also highlights that the preparation phase must evolve contextualised, sensitive
and strategic thinking when developing appropriate policies, processes and an implementation plan
Sriskandarajah, S., Karunakaran, R.C., and Sumanthiran, M. A., Legal Analysis of Property Issues affecting Internally
Displaced Persons and Refugees of Sri Lanka, A Publication by the National Protection and Durable Solutions for
Internally Displaced Persons Project of the Human Rights Commission of Sri Lanka, 2004; Jayantha de Almeida
Guneratne, Kishali Pinto-Jayawardena and Radika Guneratne, Land Rights and Justice in Sri Lanka Legal
Lacunae, Political Abuse and Peoples Plight, Law & Society Trust Review Vol 23 Issue 301 & 302, 2012. See also R.
K. W. Goonesekere, Select Laws on State Lands, Law & Society Trust, 2006; Bhavani Fonseka and Mirak Raheem,
Land in the Northern Province : Post-War Politics, Policy and Practices, Centre for Policy Alternatives, December
2011 and Bhavani Fonseka and Dharsha Jegatheeswaran, Policy Brief Politics, Polices and Practices with Land
Acquisitions and Related Issues in the North and East of Sri Lanka, Centre for Policy Alternatives, November 2013
A Rapid Assessment of Community Level Land Disputes in the Northern and Eastern Provinces of Sri Lanka http://
asiafoundation.org/publications/pdf/1493
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that has room for process verification, quality assurance, and a definite final destination desired
by the travellers. The call for such land research has been emphasised by almost 90% of the participants
agreeing that land disputes need to be addressed and solved at the earliest possible by giving priority
to peoples participation.
Chapter 1
Military Occupation of Land in the North

Militarisation of the North (and East) is a direct fall out of the 30 year old civil war and has emerged as the
key issue affecting the North-East of Sri Lanka. This chapter will consider how land issues are affected
by militarization. It explores the reasons for miltarisation of the North-East, the extent of militarization
and the impact of militarization. It considers two case studies in detail including one on the Valikamam
North High Security Zone, the largest high security zone in Northern Sri Lanka
1.1 Why militarise the North(-East)?

In 2012, it was reported that 14 out of 19 divisions of the Sri Lankan Army were stationed in the
North4 . This report confirms that the above information remains the same as of 2015, with the new
post-war regime of 2015 also claiming that they will not scale down the military presence5. These 14
divisions are spread out under the control of three Security Forces Head Quarters in Jaffna, Kilinochchi
and the Vanni (encompassing the administrative districts of Vavuniya and Mannar). The Kilinochchi and
Vanni Security Forces Head Quarters were established post-war. All three divisions under the Kilinochchi
SFHQ were formed during the war between 2007 and 2009. The Wanni SFHQ contains of five divisions,
two of which were created in 2010 the one in Thalladi, Mannar and one in Manalaru (Weli Oya)6 in
Mullaithivu. Manalaru is a controversial area where Tamils allege the Sri Lankan Governments since
the 1980s have been interested in colonizing with Sinhalese so as to create a disconnect between the
Northern and Eastern Provinces (which Tamil politics have claimed to form the contiguous areas of their
historical habitation and hence the territorial unit for autonomy). The Jaffna SFHQ consists of three
divisions. All security forces head quarters also have affiliated units. In 2010 the village of Mullikum was
displaced to make way for the new North Western Command of the Sri Lankan Navy7 . The Chinese
Government has been supporting the Ministry of Defence in setting up housing for the military in the
North and East. More than 100 million US Dollars is said to have been granted by the Chinese in 2012
for the said purpose8.
Despite being an island-wide concern, given the ethnic dimension and the
disproportionate presence of the military, the problem of militarisaton has its
unique characteristics in the North and East.
The primary public justification provided for the disproportionate presence of
the military in the North-East is protecting the security interests of the state.
However in the post-war context this justification does not hold up given the
end of armed hostilities. Even the Army claims that there presence is much
more than for security purposes. For example the Civil - Military coordination
website of the Jaffna SFHQ claims their objective is to be an effective instrument
of Government to cultivate national harmony in the Jaffna peninsula through
Despite being an
island-wide concern,
given the ethnic
dimension and the
disproportionate
presence of the
military, the problem
of militarisaton
has its unique
characteristics in the
North and East.
Nirupama Subramaniam, Sri Lankan Army still has vast presence in the North & East, The Hindu, September 19,
2012
See further, Sunday Observer, National Security Our Priority http://www.sundayobserver.lk/2015/02/15/pol05.asp

15 Feburary 2015.
Respectively the 54th and 62nd Divisions of the SLA. See http://www.army.lk/sfhqwanni/ under Divisions for more
information
See further: http://www.defence.lk/new.asp?fname=20100902_03
Sunday Times, China to Build Military Housing in North East. http://www.sundaytimes.lk/120826/news/china-tobuild-military-housing-in-north-east-10124.html 26 August 2012
3
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uplifting the physical quality of life and the spiritual values of people9. The SFHQ
Kilinochchi website claims that they play a vital role in the 5R process of the
Government - Rehabilitation, Reintegration, Reconstruction, Resettlement and
Reconciliation10. Whereas agrarian expansion11 was the justification given for
effecting demographic changes in the North-East with the advent of the civil
war in the 1980s securitization is used as the main pretext for demographic
changes with the situation aggravating in particular since the end of the armed
hostilities in 2009. In the post-war context Sinhala-Buddhisisation is aided by the
military presence directly (by establishing Buddhist viharas et al) and indirectly
(by sponsoring the settlement of Sinhala families). There is also fear among the
Tamil populace that the big army presence in the North-East would be naturalized
as part of the local population in the long term. We are keen to emphasise that
Sinhala Budhdhisisation does not mean the complete conversion of the NorthEast as Sinhala Buddhist but the demonstration through the military presence
that it is part of the Sinhala Buddhist nation. Furthermore the overwhelming
presence of the military in essence is also more subtly an attempt at getting the
population of the North and East to agree with the current framework of the state
and its institutions a continuation of the military solution to the ethnic conflict.
... overwhelming
presence of the
military in essence
.......
a continuation of the
military solution to
the ethnic conflict.
An important objective of the post-war militarization project in the North-East (as opposed to the rest of
the country) is the agenda of Sinhala Buddhisisation. This report defines Sinhala Buddhisisation, drawing
from Nirmal Ranjith Dewasri12, the identification, conquest and occupation of the North and the East as
land belonging to the Sinhala Buddhist nation and the subsequent process of redefining and renaming
the North and East so that its legitimate owners can reclaim it. In this sense, the Sri Lankan state,
shows features of what Yiftachel and Ghanem call ethnocratic regimes. An important identifier of such
ethnocratic regimes according to Yiftachel and Ghanem is that they promote a central-geographical
project of ethicizing contested territories13. Paasi and Herb and Kaplan14, who like Yiftachel and Ghanem
are political geographers, have provided detailed accounts on the historical evolution of the close nexus
between identity and territory as a fundamental basis for the existent dominant political order. Beginning
with the Land Development Ordinance of 1935, the majoritarian Ceylonese state has used the unitary
framework of governance and legal instruments to control state land and disburse land in this project of
ethicizing contested territories. It is in response to these developments that the Tamils from the early
1950s onwards came up with the argument of the North-East of Sri Lanka as being their traditional
homeland of the Tamil-speaking peoples.
In the post-war context, the most visible aspect of the militarys Sinhala Buddhicization attempt is
the construction of Viharas (Buddhist temples). Just in 2013 two new Viharas were opened in
Kilinochchi and Mullativu, the two districts that were battlefields of the last phase of the war15. As
9
See further: www.cimicjaffna.com
10
See further: http://www.army.lk/sfkilinochchi/
11
For general overview of issues relating to inter alia land and ethnicity see Sunil Bastian, Politics of Land Reform in
Sri Lanka, http://www.sunilbastian.com/content_images/1401161701Politics%20of%20Land%20Reform%20in%20
Sri%20Lanka.pdf
12
Nirmal Ranjith Dewasri, History after the War: Historical Consciousness in the Collective Sinhala-Buddhist Psyche
in Post-War Sri Lanka (ICES Research Paper Series No. 9, Colombo, 2013)
13
Oren Yiftachel and Asad Ghanem, Understanding ethnocratic regimes: The Politics of seizing contested
territories, 23 (2004) Political Geography 647-676
14
A. Paasi, The social construction of territorial identities;, 18 (1999) Geography research Forum, 5-18. G. Herb and
D. Kaplan, Nested Identities: Nationalism, territory and Scale, (Boulder, Rowman and Littlefied, 1999)
15
Sri Lankan Army Official Website, Dagobas built by Army Troops unveiled in Mullaithivu. (15 July 2013) http://www.
army.lk/detailed.php?NewsId=6491 Mankulam Sri Sugatha Vihara Dagoba Opened for Veneration after Enshrining
Relics http://army.lk/detailed.php?NewsId=6896
4
recently as May 2015 a new small dagoba has been constructed in Navatkuli, Jaffna. In the East a
total of 7 new Viharas are said to have been established16. A majority of the Viharas constructed are
new, but are justified as having been there before the advent of the Tamil militant movement which
allegedly destroyed these Viharas17. At the end of the war, The President is said to have ordered the
construction of new stupas in all nine provinces of the country after the end of the war signifying
the unification of the country under one ruler18. Other visible aspects of the Sinhala Buddhicization
projects include giving Sinhala names to Tamil names of villages and constructing Buddhist statues in
the North and East19.
Case study of the construction of a vihara in Mullaithivu

The Buddhist temple in Mullaithivu was built by the Sri Lankan Army and opened in 2013 SL
Army Website confirms this on their official website20.
The news item notes, 591 Brigade troops under 59 Division, on the directions of the Security Force
Headquarters - Mullaittivu (SFHQ-MLT) undertook the responsibility for erecting this structure,
a long-felt need in this temple premises, quite close to the SFHQ-MLT under the auspices of
Ven Etambagaskada Sri Kalyanithissa Nayaka Thero, Deputy Chief Sangha Nayaka for Northern
Province.
Maatram has had access to a letter sent by the Diyawadana Nilame to the Northern Province
Governor in 2010 which points to the clear nexus between Sinhala Buddhisisation of the North
(and East) in the post-war context.
It as our responsibility to focus our attention on the re-awakening of Buddhism in the now
prosperous North and Eastern Provinces which was once destroyed by terrorism.
There are new mosques, kovils and churches being constructed in these areas following this
new prosperity. It is imperative that we, as Buddhists, accelerate our efforts for Buddhist reawakening.
I discussed this issue with the Malwatte Mahanayake Thero. They gave their blessings to our
efforts. As such it is our responsibility and obligation to assist Etambagaskada Kalyana Tissa, who
made efforts to construct and a temple in Mullaithivu
He is now facing a difficult situation. The Thero has been provided land for the construction of
an Aaraamaya in Mullaithivu. Yet, he faces legal obstacles. I earnestly request you to support his
efforts by providing him with legal support
I would be grateful if the construction of the Aaaramaya is complete before the next Buddha
Jyanathi.
The legal assistance that the Diyawadana Nilame is asking in this letter has to do with acquiring
land for the new Buddhist temple.
16
See further: Security Forces Head Quarters (Eastern Province) http://220.247.214.182/sfhqeast/paradise.php and
http://220.247.214.182/sfhqeast/more_details.php?pageid=ODY1&type=bmV3cw==
17
Valaichenai Buddhist temple restored , 06 August 2009 http://www.army.lk/detailed.php?NewsId=1063
18
Nira K Wickramasinghe, After the War: A New Patriotism in Sri Lanka, 68 (4) Journal of Asian Studies, 1045-1054
at 1046
19
Minority Rights Group Report on Sri Lanka, No War No Peace: Denial of Minority Rights in Post-War Sri Lanka,
(2011), p. 14
20
http://www.army.lk/detailed.php?NewsId=6491 (last accessed 01 August 2015)

5
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1.2 The extent of military occupation of land

It is difficult to be accurate about the extent of military occupation of private land and state land for
obvious reasons in that collection of data might lead to security problems. The data that we present
here has been collected from interviews with key informants and from publicly available sources. We
have tried our best to double source all data that is presented here.
In a debate held on the 10th of October 2014 at the Northern Provincial Council members provided
statistics from three districts which suggested that more than 67,000 acres of land had been taken over
for use by the military in the districts of Jaffna, Mullaithivu and Mannar. In Jaffna according to NPC
statistics 10, 919 acres, in Mullaithivu 34,362 acres and Mannar 22,247 acres have been taken over for
military use. It was stressed that this was only a conservative estimate and that the figure could be
more than reported.
Our research in Mullaithivu, Kilinochchi and Jaffna confirmed that vast tracks of land are being held up
by the military. In Jaffna we reliably learn that a total of 7,206.44 acres of land have been taken over
for military use21. 7,140.30 of this is private land whereas the rest 66.149 is claimed to be state land. In
Mullaithivu our research found the NPC estimate above mentioned to be largely valid. Figure 1 shows
the break down of the extent of land being held by the military in Mullaithivu22. In Kilinochchi District
the conservative estimate suggests that 7,322.70 acres are being held up for use by the military. Of
this 162.70 acres is private land and 7,160 acres are state land. From the Mannar District we have
information only from the Mannar Divisional Secretariat Division. A total of 110.70 acres of private land
and 612.40 acres of state land has been taken over for use by the military in Mannar DS division alone.
Figure 123: Spread of military occupied lands in Mullaithivu District ( in acres)
(Total number of military occupied lands is 34,362)
It needs recalling that a majority of land in Jaffna is private lands and a majority in the Vanni (Mullaithivu,
Kilinochchi and Mannar) are state lands. Hence it should not be surprising that most of land occupied
by the military in Jaffna is private land and in Vanni, State land. This legal-geographical difference
however has led to a general misconception that military take over state land in the Vanni is justified.
The reference to state land includes land that has been granted on permit through various legislations
21
1,013 acres of 7,140.3 acres of private land in Jaffna has been released in March/April 2015.
22
The Government claimed to have released 615 acres of land in Mullaithivu and Kilinochchi in early October 2015.
23
Source: NPC Resolution, 2014.10.09 and Uthayan, 28.01.2014, 01.04.2014, 15.08.2014, 04.09.2014, 08.10.2014;
Thinakkural, 29.09.2014, 08.10.2014; Valampuri, 09.02.2014, 04.05.2014, 24.09.2014. Note: Karaithuraipattu is
also known as Maritimepattu. The percentages have been calculated against the total number of acre occupied
by the military. The classification of private and state lands is not available.
6
on state land. Blatant disregard of permit rights by the military is as illegal as the taking over private
land without resort to legal acquisition. This misconception might explain why there has been so much
of focus on the Valikamam North High Security Zone in Jaffna while there has been little public outrage
at the vast amounts of land held by the military in the Vanni.
The hotspots in the Northern Province for military occupation are Valikamam North in Jaffna, Keppapilavu
in Mullaithivu24 and Mullikulum in Mannar. These places are quite well known to the outside world but
attention to these big high security zones has sometimes led to the mistaken conclusion that they are
the only places of military occupation in the North. The harsh reality is that military camps are dotted
all over the North deeply penetrated into the wide spread of villages and townships of the province.
In many sub urban and town areas three or four houses at the centre of the
town had been clogged together to form an army camp during the days of the
war and these camps largely remain in tact. A number of these camps have
been removed in the post-war context but it is largely true that the camps
The harsh reality is
that have been removed only represent a small fraction of the total number
that military camps
of camps dotting all over the North. Table 1 which provides a list of areas in
are dotted all over
Jaffna where there is a physical presence by the Army confirms our findings.
the North deeply
Out of the 15 divisions, Except for the Nallur Divisional Secretariat Division
penetrated into the
all other divisions in the Jaffna District have a sizeable military presence.
wide spread of villages
In some divisions (like Tellipalai, Maruthangkerni, Sandilippay, Chavahacheri,
and townships of the
Velanai, and Delft) their presence seem significant with comparatively large
province.
areas of occupation and permanent structures managed by them like camps,
special areas for ammunition training, recreational activities, hotels/tourism,
vegetation, and war related monuments.
Table 1: Military occupancy in Jaffna District at a glance
Division
Place
Maruthangkerni
Kattaikadu
Mulliyaan
Vettilaikerni
Aaliyavalai
Mandalai
Thaddakadu (Thaddanchenai)
Pulaaveli
Nagarkovil
Uduthurai
Vathiraayan
Sembiyanpattu
Maruthangkerni
Karainagar
Oori
Harbour Area
Paalaavodai, Valanthalai Junction Area
Kovalam
Kasoorina Beach Area
Delft
Panagkaarni Area
Delft South, Velvai Saamipidi
24
The Social Architects, Land Expropriation and Deception in Keppapilavu http://www.srilankacampaign.org/landexpropriation-and-deception-in-keppapilavu/ (March 2013)
7
epyKk ; ehq ;fSk ;
Delft East, Anthoniyar Church area

Delft West, Periyathurai Theerthakarai Area
Harbour Area
4
Kayts
Thuraimugaththadi Oorandi
Analaithivu
Eluvathivu
Kayts Kaampan, Nerunchinai
Velanai
Mankumbaan
Allaipitti
Mandaithivu
Mandaithivu Junction
Pungkuduthivu Madathuveli
Pungkuduthivu Vallan
Velanai Thuraiyadi
Velanai North
Nainathivu
Kurikattuvan
Pungkuduthivu Iruppiddi
Suruvil
Point Pedro
Alvai North
Valveddithurai
Point Pedro
Karavetti
Thikkam
Jaffna
Navanthurai
Kottadi
Kurunagar West
Hospital Road
Uduvil
Uduvil Central
Kantharodai
10
Sangkanai
Ponnalai Thiruvadinilai, Kattupulam,

Sulipuram
Maavadi Vaddu West
Arali North
11
Chavakadcheri
Kachaai
Nunaavil West
Eluthumattuval
Thatchanthoppu, Thananthoppu (Kerathivu)
Kaithady North
Mirusuvil
Allarai
Chavakadcheri Kovilkudiyiruppu
Varani (Sinnakkadai)
12
Kopay
Achuveli Town North

Urumpirai South
Kopay Central
Valalaai
Achuveli Central
13
Sandilipai
Maathagal Konaavalai
Maathagal Jyothipuram
Koolavadi, Anaikottai
Navali South
Manipay
Maarisankoodal
Ilavaalai Usumaanthurai
Pandaitharippu Kaadaapulam
Kallundai
14
Thellipalai
Thiruvadimilai
Pannalai
Viththahapuram
Kollangkatti, Maavaikaladdi
Keerimalai Naguleswaram
Kangkesanthurai Central
Kangkesanthurai South
Kangkesanthurai West
RDS ground, Mallaham
Palali South
Palali East
Palali North
Palali Northwest
Palali West
Kattuvan West
Kurumpasitti
Kurumpasitti East
Thaiyiddi South
Thaiyiddi North
Thaiyiddi East
Mayilidithurai South
Mayilidithurai North
Mayiliddi
Mavittapuram South
Palaiveemankamum North
Palaiveemankamum South
Varuthalaivilaan
Thenmalai
Thellipalai East
Thellipalai
Alaveddi
Senthaankulam
epyKk ; ehq ;fSk ;
1.3 Key features of the militarization project in the post-2009 context

The following important features of the militarization project in the post-2009 project need careful
consideration:
1)
The Sri Lankan Armed Forces consider land that was under the control the LTTE prior to 2009
as land that automatically belongs to the Armed Forces25. Given that information on the exact
extent and nature of land occupied by the LTTE prior to 2009 is unclear the Sri Lankan Armed
forces uses this ambiguity to justify its occupation of vast extents of land.
2)
The Sri Lankan Armed Forces consider State Land in the North to be land that rightfully belongs
to them and one which should be made available for their use by Government officials on
request. The fact that a majority of the Governmental officials in the North are Tamil creates a
discernable pattern of submitting to military command in the district.
3)
There is an observable tendency of Sri Lankan Armed Forces considering any unoccupied private
land post 2009 and any private land that they have occupied during the war as land belonging
to them, which has to be regularized through land acquisition under the Land Acquisition Act.
4)
The Sri Lankan Armed Forces seem to have a policy of discouraging owners from agitating
for return of their land by a) making the land occupied increasingly unfit for reoccupation and
b) providing alternative land accompanied by messages that their original land will never be
returned. The objective is to create weariness and to get the affected people to accept what is
offered by them.
A key strategy put in place for making the land occupied increasingly unfit for occupation is by destroying
any private houses left inside the occupied land and by destroying public places of interest such as
temples. For example in the Valikamam North High Security Zone in Jaffna the occupying Sri Lankan
Army has been accused of destroying houses during the war and after the end of the war in 200926.
In Mullikulum in Mannar it has been documented that the military ruled out the possibility of any return
of lands and threatened those displaced to withdraw the offer for alternative lands if they continued to
insist for their original lands.
As Kusal Perera has noted27 the Defence Secretary had said they would build a new village in the
Malankaadu area for those displaced from Mullikulum. This would be at a distance of 750 metres
beyond the fencing that cuts them out of their whole village lands in Mullikulam. The people agreed
to this because as Perera, quotes an elderly person saying they were too tired and exhausted to go
on fighting and needed some final answer and therefore was not interested what it was, as long as
they could settle down somewhere, peacefully. Perera also records a womans testimony that, the
Bishop had wanted to know who agreed, but with two Navy personnel holding down two of their family
members trying to speak, most were afraid to say No. Therefore, it was taken for granted, the people
agreed28. (See also Section 1.4.)
25
Maatram has had access to confidential Government documents from 2011 corroborating this information
provided to us by a retired senior government official who prefers to remain anonymous.
26
A case of homes, schools and livelihoods sacrificed in the name of security http://www.thehindu.com/
news/international/south-asia/a-case-of-homes-schools-and-livelihoods-sacrificed-in-the-name-of-security/
article5437295.ece TNA MP Saravanapavan interview on the destruction of houses within the illegal High Security
Zone http://www.tamilwin.com/show-RUmrzARcMYfv3.html
Jaffna Army Commander denies destruction of houses inside the HSZ but confirms that new camps are being set
up http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=91486
27
Kusal Perera, Sky No Roof (Mannar Catholic Diocese Publication, 2013)
28
Ibid, page 50.

10
1.4 Case study: Land acquisition process for the Karainagar Navy Camp
(Jaffna)
This case study seeks to illustrate the creeping effect of militarization on communities. The argument
here is that the problem of militarization is not merely restricted to the exact land on which military
establishments are constructed but that a wider area of community habitation is affected by militarization.
In September 2011 the Government of Sri Lanka paid approximately Rs. 57 Million had been paid by
way of compensation to 56 owners for the acquisition of 78 acres29 acquired for the expansion of the
Karainagar Naval camp. The Karainagar Navy Camp is located in a place called Palakadu in the island
of Karainagar located to the East of the Jaffna Peninsula. The navy camp has been in existence from
the early 1960s but it was in March/April 1985 that 8 families in and around the camp were asked to
leave their homes to make way for expansion of the camp. Subsequently because of the war most
families in Palakadu got displaced. On the 13th of June 2003 by Gazette notification No. 1292/93
notice was published for land belonging to 153 families to be acquired for the purposes of the camp.
The acquisition process as provided for in the Land Acquisition Act was initiated in 2006 and so far 56
familes have been compensated. Families that we interviewed were unaware of the detailed process30
and rights available to them under the Land Acquisition Act, but did not complain about the quantum
of compensation that was on offer. (Though one family that we interviewed actually told us that the
compensation awarded doesnt even compensate a portion that they had paid as rent during all these
years of displacement). From our interviews it appeared that people had given up on their lands in
Palakadu for many reasons. The primary reason is the presence of the navy camp and even today31
people are reluctant to go back to their lands and houses that are in close proximity to the navy camp.
One interviewee told us that there is no settlement around a radius of 1 kilometres around the navy
camp. The other important reason is that people having been displaced for more than 25 years dont
seem to have the will to go back and start up anew in Palakadu after 25 years of living elsewhere and
having settled down. Another reason is that access to good drinking water is difficult in Karainagar in
general and in particular Palakadu.
1.5 An update on the state of the illegal High Security Zone in Valikamam,
Jaffna
The illegal High Security Zone in the Valikamam North and Valikamam East region of Jaffna was created
during the Vadmarachchi operations that commenced in 1987. Most of the displacement took place in
1990 though waves of displacement commenced in 1984. There is no legal basis for the existence of
the Valikamam North High Security Zone which unlike for example the Sampur High Security Zone was
never gazetted. A case filed by Jaffna MP Mavai Senathirajah in 2003 refused to rule on the legality of
the High Security Zone and instead appointed a court sanctioned committee to explore possibilities of
resettlement without affecting security imperatives. Around 156 welfare centres were opened in 1990
to hosue these IDPs who later further got displaced along with mass exodus in 1995. Some of them
who thus got displaced stayed back in the Vanni while most returned to Jaffna. A significant number
of those who stayed back in the Vanni returned during the 2002-2005 peace process to these welfare
centres or to host families in Jaffna. A buffer zone around the High Security Zone was created in 2002
by the SLA with the objective of preventing settlements around the high security zone. This buffer zone
was approximately about 600 metres further away from the original borders of the High Security Zone.
29
Island, September 19, 2011 http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_

title=35021
30
There was no real option of going back to the lands that was given to them. They were not allowed to visit
their lands and then present their claims for compensation as required by the Act. Interview with a family that
received compensation, Sivalingapuliyady, Jaffna,.Three different interviews were conducted on the subject.
31
Access to most islands off the Eastern coast of the Jaffna peninsula was restricted until 2006. People had to get
permits to travel to the islands unless they were permanent residents of the area.
11
epyKk ; ehq ;fSk ;
Post-May 2009 resettlement under President Mahinda Rajapaksa was first allowed to the buffer zone
areas within the High Security Zone during and in the months immediately after the Presidential
elections in 2010. In November 2010 3 GS Divisions were opened for resettlement in the Western part
of the High Security Zone. Further in May 2011 another 9 GS divisions were opened for resettlement.
Four others were opened up partially.
Prior to January 2015 5 GS divisions in the original High Security Zone and 7 GS divisions in the
original HSZ and buffer zone were fully released for resettlement. Another 8 GS divisions were partially
opened. The stated reasons for certain areas only to be partially opened are because either they
are still being demined or because there are still military installations that continue to operate from
these areas. The areas that havent been entirely released include Palaly (5 GS Divisions), KKS (3 GS
Divisions), Mayiliddy (1 GS Division), Mayiliddythurai (2 GS Divisions), Thenmayilai (1 GS Division) and
Thaiyiddy (3 GS Divisions). Palaly hosts the airport/airbase and Mayiliddy the fishing port and KKS the
harbour. By way of summary, 15 GS Divisions still remain High Security Zones, 8 GS Divisions that are
partially opened and 12 so far have been entirely released.
Our research with key informants indicated that the military establishment Jaffna in 2011 and 2012 have
been approaching the relevant DS offices within which the high security zone falls asking for letters
confirming that certain military installations have been occupying the land on which they currently
function from for more than 15-20 years. The DS offices have responded saying that they do not have
the authority to do so as these lands are private lands.
The Researchers of this project have in their posession copies of a letter issued by The Ministry of
Defence to the Commissioner General of Land on the 28th of November 2011 requesting him to intiate
the process for acquiring land to the extent of 74.11 acres in the J/223 GS Division (Kankesanthurai)32.
The Assistant Land Commissioner acting for the Commissioner General of Land in his letter dated the
10th of February 2012 wrote to the DS of Valikamam North referring to the letter from the Ministry
of Defence and stating that further that if the DS is recommending this land to be acquired after
examining the possibility of vesting it to send him the relevant recommendations as soon as possible.
He further states that if there are any obstacles or delays in forwarding the recommendations to inform
the Army and the Ministry of Defence and Urban Development with a copy to him. The letter also
instructs the Divisional Secretary to take steps at their earliest when there are specifically requests for
land acquisition from the armed forces. The foregoing provide ample evidence for the militarization of
civilian land administration in the North.
In the meantime the SLA has been engaged in strengthenening military installations and opening
commercial establishments inside the Valikamam North High Security Zone. In December 2011 a
report on the SLAs official website disclosed that a new two-storied Officers Mess Building was opened
in Palaly33. It was also further revealed in that report that the SLA was building Army Bungalows in
KKS. In October 2010 the SLA opened a holiday resort called the Thala Sevana Holiday Resort on
the premises of what was formerly the KKS Rest House34. The Thala Sevana Holiday resort is now
quite popular. A second Holiday Resort was opened near the Chundikulum Bird Sancturay in Jaffna35.
A Malaysian Company KLS Energy Lanka Pvt Ltd - has been given lands in KKS to develop windmills.
The land to be used is vested with the Sri Lanka Cement Corporation for the use of the KKS Cement
Factory. An MoU was signed with the SLCC on 16 September 2010 and a Lease Agreement has been
32
Both letters are in file with the researchers.
33
http://army.lk/detailed.php?NewsId=4119 Last accessed on 01 August 2015
34
http://www.thalsevanaresort.com/ and http://www.island.lk/index.php?page_cat=article-details&page=articledetails&code_title=25367 Last accessed on 01 August 2015
35
http://www.cimicjaffna.com/Cimicnews_2012_01_05_2.php Last accessed on 01 August 2015

12
perfected with the same on the 11th of October 2010. The land is being leased for 22 years36. The
SLCC is also reportedly planning to build a hotel on land available to it in KKS37. The Government it is
reported is also planning to re-open the KKS factory38. The land belonging to the corporation is also
being used illegally used for sand mining and quarrying39.
In 2013 notices were published for the acquisition of 6381 acres of land in the Valikamam High Security
Zone. More than 7000 petitioners have challenged the acquisition both in the Supreme Court and the
Court of Appeal. No significant progress has been made with regard to these cases in either of the
courts.
Since the defeat of President Rajapaksa in January 2015 the release of land in places like Valikamam
North was advertised as one of the priorities of the new ruling. Out of the 6381 acres of private land,
only 1,013 acres of land (613 acres in Valikaamam North and 400 acres in Valikamam East) has been
released in March/April 2015. Concerns have been expressed about the re-militarisation of released land
in a village called Valalai, which comes under the Valikaamum East Division40. It is reported that the
military has insisted on registration with the military, in addition to the usual registration process by the
civil authorities such as Grame Niladhari (Village Official), Divisional Secretariat and District Secretariat.
The military has demanded copies of all family documents, as well as photographs of families. In some
cases, the military has visited families to take such photographs themselves. The Chief Minister of the
Northern Province has alleged that in Valalai, a barbed wire fence had been erected releasing only
about ninety acres out of the 197 odd promised keeping the balance to the Army and worst of all the
Atchuveli Road has been barricaded refusing traffic to Palaly Road 41.
Similarly in Varuthalaivilan in Valikamam North concerns have been
expressed about the presence of a huge army camp encompassing
50-60 acres that sits in the middle of the released land. Given
the public claims by the Government that they will not withdraw the
military from the North, the concern more broadly is that these measures
are ad-hoc in nature and are not part of a long-term policy towards
demilitarisation and resettlement. So far the release of land has taken place
only from areas where there were no pre-existing military infrastructure.
Even amongst the land released, land has been released while keeping
in tact the existing military infrastructure. The rest of the 5000 plus
acres of land to be released in the Valikamam North is largely populated
by military permanent and semi-permanent infrastructure. Unless there is
a commitment to demilitarisation and dismantling the army camps further
release and return of land in the Valikamam North High Security Zone seems
a distant dream. Additionally questions with regard to long term social and
economic support from the Government for resettlement and housing,
the issue of identifying boundaries and the issue of reparations for illegal
occupation of the land by the military for quarter of a century also have been
raised by affected people.
So far the release

of land has taken
place only from areas
where there were no
pre-existing military
infrastructure. Even
amongst the land
released, land has
been released while
keeping in tact the
existing military
infrastructure.
36
Power Point Presentation titled Project Summary: Development and Operation of 35 MW Renewable Energy
Hybrid and Solar) Power Plant in Kankesanthurai, Jaffna, Sri Lanka Document in file with the researchers.
37
http://sundaytimes.lk/101219/BusinessTimes/bt36.html Last accessed on 01 August 2015
38
http://www.ft.lk/2011/09/27/govt-seeking-investor-for-kks/ Last accessed on 01 August 2015
39
http://sundaytimes.lk/100509/News/nws_18.html Last accessed on 01 August 2015
40
Ruki Fernando, Valali: Remilitarisation of released villages with faade of resettlement http://groundviews.
org/2015/05/17/valalai-jaffna-re-militarisation-of-released-villages-with-facade-of-resettlement/
41
Speech delivered By Chief Minister Wigneswaran at the release of the said land in Valikamam, Jaffna http://www.
tamilguardian.com/article.asp?articleid=14166
13
epyKk ; ehq ;fSk ;
Peoples voices: Sinhala Budhdhisisation of the North

The following narrative is illustrative of how militarization is entangled with the problem of illegal
land encroachment and secondary and tertiary occupation in the North.
The number of Sinhala families moving towards the north has been increasing over the
years that is after the end of war. There is already scarcity of land for the use of Tamils from
this region. First of all, their land needs - for living and cultivation or other kinds of income
generation that depends on land have to be fulfilled. Only then, the available resource can
be shared with others. But, that is not the situation here. When Sinhala people forcefully
occupy our land since they have the support of the military and the government, the existing
ethnic division gets fuelled. I do not think it is getting better. The gap between and within
communities or ethnicities continue grow. That is what is preferred by the politicians who
can only survive if the people are not united. Our family (my husband) also has lost land to
the Sinhalese. We are unable to do anything about it. We have some land in Othiyamalai
Vavuniya North. That is our agricultural land. We live here in Maamadhu. Now, that we
are not living in Othiyamalai, Sinhalese from South have come and occupied our land in
Othiyamalai. In 1983, my husbands father along with 30 other men (3 of them were related
to him), were blindfolded by the military and executed right in front of a preschool in their
own village. The villagers were terrified by this incident. Many of them left Othiyamalai and
never returned. Only now, a few families started to go back there. We have not returned as
yet due to fear of the 1983 incident. Something of that sort can happen even now. (34 year
old womans experience from Maamadhu, Vavuniya an IDP from Vavuniya North now living
in Vavuniya South due to the fear of militarisation in her place of origin in Vavuniya North
people are suffering as the army grabbed the lands in Paravippaainchaan and Iranaimadu
and many other places and declared them as High Security Zone in our district. The lands
belong to the Tamils in Kokkaavil and Thirumurikandi were grabbed from them by the
military. Now, they say that those lands are going to be given to Sinhala families those
of the military. They have boundary issues as well as the military has been ever expanding
their camps invading into private lands in the nrighbourhood. Nothing can be done against
them as they have the power. People are scared. (43 year old male from Kilinochchi who
had lost many relatives in the last phase of the war)
1.6 Impact of militarisation

The impact of militarization is primarily two folded: 1) the impact on access to key resources essential
for the livelihood of the people 2) perpetuating abnormalcy in the everyday lives of the people. These
two aspects of the militarization problem will be explored briefly in this section.
14
Figure 2: Resettled population in Mullaithivu District
Figure 2 shows the number of people who have resettled in the Mullaithivu district since 2009. Figure
2 indicates that the Karaithuraipattru division is the most populous division in the Mullaithivu District.
From Figure 1 above it will be recalled that it is the same Karaithuraipattru division that has been most
affected by military take over of land. More than 17,000 acres are reported to be under military control
in this division. Most people from this division are farmers and their livelihood is severely affected by
the taking over of lands. This problematizes the very notion of resettlement in that it is obvious that
may people from the division have lost their lands to the military or live in an environment where huge
wants of lands have been taken over by the military. This simple statistic alone shows how deep the
penetration of the military is in post-war life.
It is now well documented that the military engages in business/ economic activities in land that they
hold. In Mullaithivu the military has taken over large farms, known as Pannai in Tamil, previously
owned by the LTTE and runs economic operations from them. The Government has admitted that in
Kilinochchi alone had set up 12 farms in the Kilinochchi district and that they are growing pulses, maize
and groundnut. Around 2,500 people are employed in these farms. A majority of the farm workers are
women42. In petitions filed in the Supreme Court against the acquisition of land in Valikamam North43
it was pointed out that the army was engaged in farming with modern technology such as sprinkling
water systems, that they were running a yoghurt factory and the existence of a number of hotels inside
the High Security Zone.
The land grab also affects access to resources. The following testimony from a woman in Pungudutheevu,
an island in the Jaffna district speaks of problems faced the village people in accessing drinking water
a clean drinking water well in ward number 3 has been taken over by the military. They
have fenced the well. Only they have access to drinking water in the area. The villages do
not.
Water scarcity is one of the main everyday challenges of the residents of small Islands adjoining the
Northwest coast of Jaffna Peninsula. A well with clean water that is not salty is hard to come by.
Usually, such wells are utilised as common wells in order for a number of families from the community
to benefit access to clean drinking water. Most of them use the salt water wells for other purposes. In
this milieu, the military fencing the clean water well is a clear violation of peoples right to access to
clean water.
42
Ministry of Defence Official Website, Government of Sri Lanka, Civil Defence Department helps poor in
Kilinochchi http://www.defence.lk/new.asp?fname=Civil_Defence_Department_program_helps_poor_in_
Kilinochchi_20130505_04 (05 May 2013)
43
SCFR Petitions 176/2013, 177/2013, 178/2013 and 179/2013

15
epyKk ; ehq ;fSk ;
The following is a testimony from Keppapilavu in Mullaithivu about the impact of military take over of
lands on agricultural activities:
nowadays, the amount of fish in the sea is very little. We do not get enough catch for
the day. We just get a few kilograms of fish even after spending the whole night in the sea.
Our livelihood has been affected. The problem is Im not a fisherman. I was never involved
in fishing.
I come from an agricultural background. For generations, my familys main source of income
is agriculture in Kepapilavu. Sadly, our agricultural land is not available to us. The military has
taken all of it. They say that it comes under high security zone and we will never have access
to it. When we came back to our place after the war, we had gone to the GA and AGA with
a request to give our lands back. Until this moment, they have not even come to pay a visit
to see the problem. They are also afraid of the military. The fear of the military has been
deeply implanted in all of us. We have suffered that much in the past. Over 500 families are
dependent on the agricultural land that they own, which now comes under the high security
zone. Thousands of acres of agricultural land is unutilised. We were doing paddy, home
gardening, coconut farms, and a variety of vegetation. The land has been divided accordingly
based on the nature of the soil. Now, we are left with nothing. They have taken all the land
that has proper tiles (uruthikaany). They have captured in and around Kepapilavu, including
Kondaimadu, Vaavity, Iyankankulam, Pandaravayal, and Udaiyaarveli.
All paddy land is getting wasted. Look at the price hike of rice these days. It is because the
paddy land is not utilised for its purpose. Not utilising the paddy land for cultivation for many
years ruins the nourishment of the soil. In the long term, we all are going to have major
problems due to poverty and starvation. We have tried to solve this land problem with the
government. They have not responded. Now, the Tamil political party (TNA) must come
forward to solve it. They must come here and witness the problem. We cannot go to them.
If we did, the next day the military or the CID will be at our homes. Powerful people from
outside will have to come to solve this major problem
(58 year old man from Kepapilavu (in Mullaithivu),

In addition to the impact of deprivation of land on access to essential resources the military presence
also has a shattering effect on the normalcy of the everyday lives of the people particularly on women:
The patrolling of the military every night is scary. We are unable to complain about it publically
due to fear. There is no war now. We feel that the government must send the military home.
They conduct village rounds in the day time too. There are times when the children or young
women of the family stay alone at homes when the elders of the house go to Jaffna or
somewhere else on work. We are very worried during such times. We are unable to do our
work since leaving young women at home is not an option. (From a focus group discussion
in Punguduthivu, Jaffna)
The rise in sexual violence in the North has been well documented. The International Truth and Justice
Project on Sri Lanka and the Human Rights Committee of the UK Bar Council confirms wide spread and
systematic use of sexual violence against Tamils in the post-war context44. The presence of the military
their take over lands has a direct corelation to the increase of sexual violence and torture.
44
Bar Committee of the UK Bar and International Project for Truth and Justice in Sri Lanka: An Unfinished War:
Torture and Sexual Violence in Sri Lanka 2009-2014 https://barhumanrights.org.uk/sites/default/files/documents/
news/an_unfinihsed_war._torture_and_sexual_violence_in_sri_lanka_2009-2014_0.pdf
16
1.7 Conclusion
Militarisation is an important aspect of the land issues faced by people in the North. Militarisation affects
issues relating to access and control of land but also impacts distribution of land. Public acquisition of
land for the military cannot be purely addressed by legal means. The problem
is both relating to extra-legality but also that law enforcement agencies can
make use of ambiguous provisions of the law to further the militarization
problem. The Land Acquisition Act provides that (Section 2) land can be taken
Given the legal
over for public purposes and the jurisprudence of the court suggests that this
system and
public purpose has to be stated publicly45 unless it relates to reasons relating
judiciarys very wide
to National Security. Hence all that needs to be said about acquiring lands
margin of deference
for the military is an assertion that a public purpose exists, without having
to the executive in
to justify it substantively before a court of law as to the public requirement
national security
that requires the take over the land. Given the legal system and judiciarys
matters in Sri Lanka
very wide margin of deference to the executive in national security matters
the issue of military
in Sri Lanka the issue of military take over of lands cannot be (only) resolved
take over of lands
by legal means. In fact all sections of society including the judicial class
cannot be (only)
are affected by the securitization of public affairs. Demilitarisation and deresolved by legal
securitisation hence is in essence a political issue which can only be resolved
means.
in the long term by politics.
45
Manel Fernando v Jayaratne 2000 1 Sri L R 112 section 2 notice must state the public purpose - although
exceptions may perhaps be implied in regard to purpose involving national security and the like per Justice Mark
Fernando.
17
epyKk ; ehq ;fSk ;
Chapter 2
Issues Relating to Land Documentation

Land documentation is a key issue in any society that has been affected by man-made or natural
disasters. This chapter should not be considered to be exhaustive in its treatment of the entire gamut
of issues with regard to land documentation. Certain key issues which have not been captured in the
literature on land issues are highlighted herein. The chapter particularly focuses on land documentation
issues as they relate to reconstruction and restitution.
This chapter does not deal with the circulars issued by the Ministry of lands with regard to dealing with
the problem of land documentation in 2010 and 2013. This has been explored in depth in previous
research46.
Per the 2013 circular, according to Government sources47, 19,959 permits have been issued in the
Northern Province as of October, 2014. The breakdown is as follows; 1,001 in Jaffna; 3,886 in Kilinochchi;
7,202 in Mannar; 3,642 in Mullaithivu; and 4,228 in Vavuniya. The following progress it is claimed has
been made under the expedited programme on solving state land issues in the North as per to the
2013 circular, Ministry of Lands in collaboration with the Provincial Authority:
Total number of applications received with regard to land related issues 167,778
Total number of applications received under the category of land requests (including fresh
requests for land allocation and new documents for lost documents) 122,113
Total number of issues solved (based on the applications received) 89,259 (out of which,
59,255 are land requests)
The resolved issues it is claimed include allocation of land, issuing of legal documents for those who
never had legal documents, and replacing the lost documents. Needless to say as the next section
aptly demonstrates these issues are far from resolved.
2.1 Key issues with regard to land documentation that were identified in
the study
Loss of documentation during the war particularly relating to State lands is acute. The loss of
annual or long term permits during displacement remains a huge issue. The problem is made
even more difficult due to the destruction of Divisional Secretariat offices in the war zones
where copies of permits were kept.
Issues relating to the death of the permit holder or the permit holder being subjected to
enforced disappearance. A) Owing to controversies relating to registering of deaths during the
war and B) the hope that the disappeared member will return complicates issues with regard
to the validity of annual permits and about handing over succession to long term permits. The
use of death certificates to close the disappearance problem has been repeatedly noted. The
incentive suggested is that a family willing to take up the death certificate will inter alia find it
relatively easier to establish succession to a permit.
46
CPA, Brief Commentary on Circular 2013/1: http://www.cpalanka.org/wp-content/uploads/2013/04/Land-CircularBrief-Commentary-March-20134.pdf CPA, Land in the Northern Province, in particular Chpater 3 for commentary
on the 2011 circular http://cpalanka.org/wp-content/uploads/2011/12/Land-Issues-in-the-Northern-Province-PostWar-Politics-Policy-and-Practices-.pdf
47
http://www.landmin.gov.lk/web/?locale=en & http://www.landcom.gov.lk

18
Where entire families have perished state land goes back to the state
which then allows the state to allocate lands as it sees fit. This read
along with concerns of Sinhalisation and militarization creates the
breeding ground for conflict.
The interference of
powerful ministers
in the region in
the function of
land kachcheris
exacerbates existing
land conflict
between the Tamils
and Muslims in the
Vanni.
There has been much concern about the politicization of Land

Kachcheris. The interference of powerful ministers in the region in the
function of land kachcheris exacerbates existing land conflict between
the Tamils and Muslims in the Vanni.
Serious concerns remain about the legality of the distribution of land

carried out by the LTTE. As previously stated lands distributed by the
LTTE are considered by the Sri Lankan Army to be illegal and are
mostly taken over for use by the military. People have occupied these
lands assuming their legality for many years and to now deprive them
of land is unjust.
Land related conflicts previously settled by the LTTE police and courts are sometimes used by
either of parties to reenact those conflicts by invoking the illegality of such settlements. Where
such settlements have been invoked for illegality there have been instances of police and
military interference leading to exacerbating conflicts.
Use of the Forest Department and the Wild life Department to gazette huge waths of land as
being reserved areas has been on the increase particularly in the Vanni districts of Mullaithivu and
Mannar. Clear guidelines for gazetting areas that are of concern to ecology and the environment
have not been laid out.
There is uncertainty as with regards to the selection process for being a recipient under the
Indian Housing Programme. There have been much complaints about the interference of
powerful ministers in the selection of allotters. In Vavuniya and Mannar this has taken the
dimension of causing tension between the Tamil and Muslim communities in the district48.
There are accusations that outside the Indian Housing Programme that the Governments only
other current housing scheme is focused exclusively in the controversial area of Manalaru (Weli
Oya) in where the recipients are almost exclusively Sinhalese. Between 2012 and 2014 the
Ministry of resettlement has spent Rs. 276 million in constructing houses for those who have
been resettled in Weli Oya49. This appears to be the only post-war Government sponsored
housing scheme other than the Model Village Project in Mullaithivu which involved constructing
houses for those displaced by the take over of the village of Keppapilavu by the Sri Lankan
Army50.
Lack of proper documentation is a huge obstacle in effectively carrying out a permanent housing
programme. This is true not just for state land related permits but also with regard to private
lands.
48
Letter to the Indian High Commissioner from the Committee for the Welfare of Displaced People, Vavuniya,
January 2013 available here http://www.tamilwin.com/show-RUmryBQUNWfq7.html
49
Ministry of Resettlement, Weli Oya Housing Development Programme, http://resettlementmin.gov.lk/site/index.

php?option=com_content&view=article&id=13&Itemid=25&lang=en
50
See further, http://www.defence.lk/new.asp?fname=Keppapilavu_a_model_of_rural_development_20130324_01

19
epyKk ; ehq ;fSk ;
2.2 Lack of proper documentation over title to (private) land and its impact
on access to permanent housing programmes
Permanent housing programmes like the North East Housing Reconstruction Programme (NEHRP)
required that beneficiaries showed title to the land on which permanent housing would be built. The
primary problem with proving ownership was loss of documentation.
Three copies of a deed is generally kept: One with the notary, the other with the person in whose name
the deed is executed and the third with the land registry. It needs no explanation that displacement
and war have resulted in a loss of deeds in the possession of many people belonging to the first two
categories.
The Land Registry in Jaffna during the mass exodus of 1995 was partly shifted elsewhere. Those
volumes of deeds that were left behind were damaged by being exposed to rain in the now damaged
building of the land registry. When the Kachcheri and the land registry became functional again some
of these volumes were restored with the help of UNHCR but some were permanently lost. Nothing was
done to preserve deeds or to store them through alternative means (like for example through micro
filming/digitalising) belonging to the period before 1950 and it was these deeds that were rendered
impossible to be shifted during the mass exodus. A Senior Lawyer from Jaffna told us that were many
representations made to Government officials based in Jaffna in and with officials at the Ministry of
Land in the early to mid 1980s about the need to micro film deeds stored at the land registry in Jaffna.
The land registry they foresaw was vulnerable to attack (also based on the experience of the burning
of the Jaffna Library in 1981) and had requested for digital preservation. So far till date no action
has been initiated in this regard. It is noteworthy here that the Mullaithivu Land registry was entirely
destroyed because of the war and some land registries were destroyed because of the Tsunami in
December 2004.
A related problem is with regard to the status of deeds of declaration. Deeds of declaration as a
notarial instrument is generally used when a person who has been long in possession and hence has
acquired prescriptive title to the land in question wants to execute a deed in his favour. Nortaries
generally accede to requests to execute these type of deeds though their probative value is generally
suspect. The other is where the owner in fact had a deed proving title but owing to loss or destruction
of deeds for reasons described above has had to execute a deed of declaration to be able to engage
in transactions in relation to the land. The problem for Government officials is in coming to a decision
as to the acceptability of deeds of declaration as providing for proof of title based on which they could
then sanction that an applicant has fulfilled the relevant criteria to be able to receive a house. This is
particularly so given that there have been many cases of frauds in relation to the execution of deeds
of declaration. Interviews with Government officials drew a mixed response. Whereas the Divisional
Secretaires51 that we interviewed said that they were reluctant to authorise an application where a
deed of declaration was involved and generally looked for safe applicants with better documents
senior government officials at the district and provincial level said that they were not too strict with
applicants with deeds of declaration. They said that their obective was to be deliver on the houses and
that they overlooked the legal technical niceties of the issue. Senior Lawyers whom we interviewed
however argue that whatever the type of deed Government officials are disqualified from pronouncing
on the legality of titles and that it was for a court of law to decide upon legality. To reject applicants
who were in possession of deeds of declaration they argue was unwarranted.
Another category of problem is with regard to those who occupy or have encroached upon temple
lands belonging to Hindu temples. These lands are trust property and cannot be alienated by the
trustee/s of the temple even by way of lease for more than 10 years. This means that even for those
who have been living on temple property for more than 30 years under an agreement with the temple
51
Interview with the Divisional Secretary in Nallur and Tellipalai.

20
are not technically entitled to land because a house when constructed on temple land will belong to the
temple and not the beneficiary. Government officials whom we interviewed said that they did provide
for housing if they were able to enter into agreements with temple authorities if they agreed to lease
the said property for 30 years or more to the beneficiary in question. The problem however is that such
agreements are not legally binding unless sanctioned by the court. The point also remains that houses
thus constructed belong to the temple and not to the individual beneficiary concerned.
Lack of proper documentation is a huge obstacle in carrying out a permanent housing programme
and given that this problem cannot be remedied in the short term a housing donor in the present and
future should be willing to undertake a programme that does not insist stringently on proving title. This
is easier said than and done and clear policy guidelines should be adopted through a wide-ranging
consultative process for present and future housing projects.
Some important points to take note for future reform are as follows:
1.
Digitalisation of land deeds that are vulnerable to destruction at the land registries in the North
should be carried out as early as possible.
2.
Issues relating to temple lands in a housing project are much more

difficult to resolve. This problem is essentially tied with the problem of
landlessness. The problem of landlessness can only resolved through
a land reform policy. The question of land and who has control over
land on the other hand is a debate that is critical to the resolution of
the national question. What can be suggested at this stage is that the
Tamil community and its civil society organisations need to initiate
a broad based conversation about how it intends to deal with the
problem of landless people. This will have a direct impact on land
restitution related issues.
Tamil community
and its civil society
organisations need
to initiate a broad
based conversation
about how it intends
to deal with the
problem of landless
people.
2.3 Compensation for partial- damage to immovable

property
Though a number of schemes that had been announced from time to time by the Government of
Sri Lanka, particularly after 1995, that provide for compensation for loss of property, life and other
forms of destruction, most of them relate to public servants and very few of them relate to land and
immovable property52. Only one among those relate to the General Public relating to compensation for
damaged property. This section of the report considers the working of this scheme.
The first in a series of circulars issued on the Payment of compensation in respect of houses and
properties (movable and immovable) belonging to the General Public that were damaged due to the
terrorist violence since 24th July 1983 was issued on 16.02.1996 by the then Secretary to the Ministry
of Shipping, Harbours, Rehabilitation and Reconstruction. The scheme as in the original circular was
designated to be implemented by REPPIA. The circular set the rate of compensation at 20% of the total
loss or Rs. 100,00 whichever was higher53. The beneficiaries had to be persons earning more than Rs.
1500 per month. They could not have been recepients of any other compensation scheme. The circular
also laid down the procedure that should be adopted in applying for compensation. The application for
compensation for a damaged house/building was required to be endorsed by the Divisional Secretary/
Additional Government Agent. The DS/AGA had to then make arrangements for the Manager of the
National Housing Development Authority/ District Buildings Engineer/ Certified Valuer to certify the
value of the destruction.
52
For a list of circulars issued in this regard see http://www.idpsrilanka.lk/html/IDP%20Related%20Norms%20

and%20Laws/IDP%20Related%20Circulars.html Last accessed on 01 August 2015
53
Paragraph 2 of the 1996 Circular

21
epyKk ; ehq ;fSk ;
In a subsequent circular issued on 20.05.1996 the original circular was amended replacing REPPIA with
the Divisional Secretaries. It also provided for the forms that would be utilised in implementing the
scheme.
On the 25th of November 1997 the Resettlement and Rehabilitation Authority (RRAN) of the North took
over the scheme and new conditions were introduced. The payment of compensation was restricted
to areas that had been cleared of terrorist activities54. The new RRAN circular also required the
Government Agent of the district to appoint a committee for each divisional secretariat to examine
the application in detail and make recommendations. The Divisional Secretary was empowered to
make the decision as to the quantum payable and issue a certificate indicating the amount payable.
RRAN was disbanded in 2007 and the scheme reverted back to REPPIA. Field research confirms that
applications under this scheme are still entertained at the Divisional Secretariat Divisions in Jaffna.
The procedure adopted in practice in applying for this scheme is as follows55: The Grama Sevaka of
the division forwards the application to the Divisional Secretary who then forwards it to his technical
officer for review. The technical officer then sends it to the NHDA Manager who then prepares a report
after assessing the damage. If the property was situated in an inaccessible area like a High Security
Zone for example the damage could not be assessed and hence the process stalled at this stage. The
NHDAs report is then sent along with the application and other documents to the District Secretary/GA
who then forwards the application with a covering letter to REPPIA with a copy to the applicant. The
process up to this point can take from anywhere between 30 to 60 days. As one Divisional Secretary
in Jaffna put it to us, beyond this point receiving the payment from REPPA depended on the applicants
abilities56.
The authors of this report were not able to access district specific data for the payments so far
made through this scheme57. In its submission to the Presidential Commission on Lessons Learnt and
Reconciliation REPPIA claimed that in 2010 it made payments close to Rs. 28 million in the North and
East in relation to Payments for loss and damaged property. The figure for 2009 was put at around
Rs. 18 million 58. In its submission REPPIA claimed that it in 2010 it had carried out mobile services
in a number of locations within the Northern Province, to facilitate the compensatory relief payment
process. Following this, REPPIA claimed, it had distributed 15,000 application forms for death and
injury and 6,000 forms for house and property to the District Secretaries of the Northern Province. The
LLRC report however identifies that the number of applications received so far has been significantly
lower than estimated by REPPIA. The LLRC in its report has recommended that REPPIAs budgetary
allocation is very poor and has recommended for its increase. The Report notes The Government
needs to take responsibility for prioritising payments in full, and in time. Funding has to be procured
to clear the backlog of cases as well as to prevent lack of funds being the reason for delays and nonpayment in the future59.
54
Paragraph 9 of the 1997 Circular.
55
Interview with Divisional Secretaries of Sandilippay and Nallur,
56
Ibid
57
When the District Secretariat in Jaffna was contacted they said only the REPPIA office in Colombo could provide
the details. REPPIA Colombo office when contacted wanted a written request. To date no reply has been
received.
58
See Annex 7.2 to the Report of the LLRC.
59
Paragraph 7.15, Page 248 of the LLRC Report.

22
The following are the key points emerging from the study of the working of this scheme.
1.
The quantum of compensation is very poor. As some government officials confirmed the
recommended compensation never goes below Rs. 100,000 and hence the 20% criteria has
become redundant. It is important to note that the quantum was fixed more than 15 years ago
and has been never revised.
2.
Receiving compensation under this scheme would render the recepient ineligible for receipt of
any other scheme including the permanent housing programme60. This was definitely the case
with North East Housing and Reconstruction Programme (NEHRP). (We were not able to verify
whether recipients were also held to be inadmissible for the Indian Housing programme) This is
a major disincentive in applying and receiving compensation under this scheme.
3.
While a number of projects have been initiated for the full construction of houses destroyed
by the war partly damaged houses can only be compensated for if schemes such as these are
strengthened. There is a need for a re-thought of schemes that provide for redress for partially
affected houses within the larger policy on post-war land and housing restitutional schemes.
2.4 Disputes relating to identification of land boundaries in areas that

were formerly occupied by the military
Anyone who is familiar with the design of deeds on private land in Jaffna will immediately recognise
that very few land deeds have detailed survey plans attached to them. Most deeds identify properties
by identifying the land of the neighbours. In land that has been abandoned for a long time a specific
problem with regard to land identification is that that the identification of land through an identification
of the neighbours land becomes almost an impossibility. This is because 1) the neighbours cannot be
identified because their location is unknown or because they have migrated 2) neighbours cannot be
identified by the second generation of land owners who do not know who the neighbours are 3) even
where neighbours can be identified the landscape of the area has undergone very basic changes that
people who were forced to leave their property cannot identify the boundaries of their land after more
than 20 years of returning to their property. All of these situations are particularly true of the problems
faced by people who are returning to their lands following the opening up of of certain sections of the
Vallikamam High Security Zone.
The problem relating to identification of land boundaries is most accutely felt by those families over
whose land which the bund for the High Security Zone was constructed. The bund itself extended
to a length of 15-16 kilometers and destroyed property that ran along the path of the bund in its
entirety. Natural boundaries of these lands have been completely destroyed. (Natural markers of a
border generally include a tree, a well, water way originating from a well etc). Hence identifying
the boundaries of these lands have turned out to be a big problem. It is roughly estimated that this
problem will affect 500-600 families.
It is our contention that this problem cannot be remedied by way of resort to existing laws. The Roman
Dutch law provides for a procedure whereby where there is a dispute relating to boundaries an action
may be brought to a District Court. But it is impossible to see how a District Judge could satisfactorily
resolve this problem as the courts will have to reply on documents and witnesses to establish the
boundaries61. As stated earlier the documents (deeds) will not help establish the boundaries and it is
unlikely that either side would be able to put forward witnesses that will be able to help establish the
boundary either. Witnesses will have to be asked to recollect from their memory as of 22 years ago and
60
The LLRC report also identifies this problem. See page 247 of the report.
61
Interview with a Senior Lawyer, Jaffna, August 2014.

23
epyKk ; ehq ;fSk ;
it will be easy to establish that the court should not rely on such infirm witness disposition to determine
such a dispute.
During our focus group discussion in Viththagapuram, Tellipalai we were able to identify instances
where through the good offices of the Grama Sevaka of the division people who were in dispute with
regard to their land boundaries were able to find temporary solutions. The problem however was about
the conclusivity and permanency of the resolution arrived at. A sense of permanency could be best
given to the solution arrived at, by the parties executing a new deed which could have a survey map
attached to the deed. This however would be a significant cost on the parties already struggling to
make ends meet particularly having to bear the cost of resettling and relocating.
A more long term solution would be by way of creating a quasi judicial mechanism by an act of
parliament to look into the disputes and which could recognise and give legal force to the solutions
that are found by the disputants involved with the assistance of the wider community. The quasijudicial mechanism could be made up of retired district judges and the decisions arrived through the
functioning of this body should have equal force in law to that of a decision of a court of law.
Lessons from East Timor62

The North and East in the post war context is in a transitionary state of affairs. On the one hand
control over land is a hot political subject that forms part of the negotiations about restructuring
the State. On the other hand land disputes affect return, resettlement and the the path to
normalcy and require solutions now. The process for a political settlement, it is expected will
take a very long time. Those involved in the process will be rightly worried that whatever is
done in the present doesnt undermine their case in the long term (particularly so for the side
that claims that land should be a matter controlled at the provincial/community level). The
two aspects of this issue needs to be understood and any solution should reflect the need for
balancing the competing interests behind the two perspectives.
It is hence relevant to note that the United Nations Transitional Administration in East Timor
(UNTAET) did not establish a land claims commission, or indeed any effective regulation of
privately held land in East Timor in the first instance. In September 2000 it rejected a draft
regulation that envisaged systematically registering uncontested titles.
During a transition massive projects such as land titling et al are bound to create suspicion. The
opposition to the Bimsaviya programme in 2011/2012 (under the Registration of Title Act) needs
to be understood from this perspective.
What is most important to learn from the East Timor experience then is that the UN Transitional
administrations major task remained supervising systems for mediating land conflicts and
allocating public and abandoned properties through temporary lease rights. The kind of solutions
that are required in the North and East are similar. What is needed now are not big projects
that seek to redefine the manner in which access and control of land is carried out but small and
effective steps that address the immediate needs of a war-torn population. The main features of
the mediation system that was used in the East Timorese case is as follows:
62
The contents of this section as they relate experience from East Timor is largely drawn from Daniel Fitzpatrick,
Mediating Land Conflict in East Timor appearing in Making Land Work: Volume 2: Case Studies from Customary
Land and Development in the Pacific (AUSAID, Canberra, 2008), pp. 175-199.
24
Provide for land dispute resolution mechanisms in ways that create a bridge to more
formal mechanisms.
Reduce burdens on the court system and broaden the options available to deal with
land disputes that generally wont be available through the courts. incorporate provisions
for interim land-use agreements. Some of such out-of-court-options used in East Timor
included selling, leasing, dividing or swapping land and establishing interim agreements
to allow the land to be used until the dispute is resolved.
The mediation system should be backed by an appropriately comprehensive legislative

framework and administrative infrastructure capable of resolving more stubborn cases
and cases that fall outside the jurisdiction of the mediation process.
The East Timorese example we believe will be useful to consider in exploring options for setting
up mechanisms for land dispute resolution. This report welcomes the conclusions of the Asian
Foundation/ Ministry of Justice report of 2014 that recommends the setting up of Special Mediation
Boards with a possible appellate tribunal appointed by the Judicial Services Commission.
2.5 Problems relating to documentation over state lands A case study of

Poompukar in Ariyalai, Jaffna63
Lands in Jaffna as mentioned earlier are mostly privately owned (approximately 80%). State lands
are in a minority of less than 20%. Particularly State lands are rarely found in the Nallur and Jaffna
Divisional Secretariat. One such area in the Nallur Divisional Secretariat where State Land is found is
in a small village called Poompukar in Ariyalai. People had started encroaching lands in Poompukar
around 1978 and within the next two years the Government Agent of that time took steps to survey
the land and identified 300 lots of land each of 3 Lachams. Permits for some reason was never granted
and those not in the original list of beneficiaries have encroached on these lands for a long time now.
Added to this there is also the problem illegal sale of State land (state land received through permit or
grant cannot be sold) for valuable consideration. A total of 54 houses were constructed in 1980 and
there are conflicting reports on how the beneficiaries were identified. In 1995 (with the Sri Lankan
Army capturing the Jaffna Peninsula) the area was converted into a High Security Zone and opened up
only again in 2011. People who had been displaced to different parts of Jaffna and Vanni are now back
claiming rights over these lands. However since the Government has issued notice that no new grant
of State land shall be made either through grant or deed the Divisional Secretary is unable to proceed
with the grant of permits. In the neighbouring village of Maniyanthoddam a similar situation prevails.
The added complication is that 114 lots were allocated in this village (in the 1970s) to Sinhalese
who then left when the war started. They now have come back from as far away as Mihinthala with
recommendation letters sometimes from the Presidents office asking that their lands be reverted back
to them. The problem is that they have received permit lands in places where they were displaced to,
but now claim these lands for their children.
The above is illustrative of the secondary and tertiary occupation of lands, which has been produced
by war and continuous displacement. The issue can only be addressed properly if a macro policy
decision that is sensitive and rights based is found to the problem. However, this policy decision
should be where possible generic in nature laying out guidelines for officials to be able to adopt them
to particular contexts. The issue though is that discretion breeds abuse by those in power and hence
this issue also reverts back to the question of who has governmental power over state lands. This is a
63
Primarily based on Focus Group Discussions held in Poombukar. The Divisional Secretary of Nallur was also
interviewed.
25
epyKk ; ehq ;fSk ;
political dialogue to be had and should be resolved as part of the constitutional process towards finding
a solution to the National Question.
2.6 Conclusion
Land documentation issues are also caught up with the war and the ethnic conflict and is related to
partisan politicization of land administration. Loss of documentation issues affect resettlement and
can have a direct impact in accessing programmes designed to provide reparations for loss sustained.
Resettlement is not merely about access and control of land but also about capacity to sustainably use
land which has been reopened for resettlement.
26
Chapter 3
Gender and Caste as a Cross Cutting Issue Affecting Land

It is unfortunately quite normal to underestimate the gender and caste dimension of the land issue in
the North. This chapter seeks to provide an overall view of how gender and caste affect land issues.
3.1 Gender
In the context of land grabbing, encroachment, internal displacement, secondary/tertiary occupation
and fear, both men and women agree, nearly 60%, that women are disproportionately affected (See
figure 3)
Figure 3: I think women suffer the most in land disputes
It is estimated that in the North there are an estimated 40,000 single women households,
due to the war or for other reasons (UNOPS Applied Social Research Unit, May 2010, Needs
Assessment of Vanni IDPs in the Northern Province, DFID) . Land is therefore a key asset,
potentially providing them with access to credit, food security, and livelihoods. However, social
customs and norms may make it difficult for women to have the power to make decisions about
the use and control of land that is legally theirs.
In addition, continued militarization of land and displacement has meant that many women in
particular - are still landless, which has increased their vulnerability to violence and insecurity.
A participant from Thaneeruttu, Mullaithivu further adds value to the fact that women suffer the
most in land disputes:
Over 2,500 acres of land has been forcibly taken by the military in Othiyamalai. What
have we managed to about it? Most families from that area are solely dependent on the
income from these cultivation land which are not accessible for them. They are scared to
repeatedly raise this issue at the Kachcheri (District Secretariat), because they fear that they
will never make arrangements to free their lands from military occupancy. What a tragedy.
Women are the ones who are affected the most. Some people talk in public stages that they
are all for womens rights and land rights of women will be taken seriously. All such claims
are only good for public speeches. Nothing happens in reality. The ones who deliver such
speeches never manage to get any work done. Women should at least have access to their
lands. Only then, they can prosper in life and inherit it to their offspring.
27
epyKk ; ehq ;fSk ;
Women, for social and cultural reasons, are expected to feel and be perceived as vulnerable
without the presence of a man as described by this woman in Othiyamalai, Mullaithivu,
for a long time after the end of war, we did not come back here. This was a possessed
soil. May be still it is. In 1984, 32 of our men were shot dead. The other men who survived
the shooting spree left the area in order to save their lives. They would been killed if they
had stayed back. Some women too left out of fear. Some women stayed back with their
children. Eventually everyone had to leave due to heavy armed conflict. Now, after the war
had ended, we are still feared to come back. No soul has lived here for a very long time.
However, recently we gathered courage started to come back. After all, this is where we
belong. Even now, almost half of the families are led by single women. It is terrifying. We
do not sleep alone in our homes. Two or three families get together in one house. That is
how we support each other to be safe. Almost, everyone here is related to one another
even distantly. Single women cannot spend the night alone, because there is high military
presence in the area. They can do anything. We know what has been happening in other
places where single women have been harassed by the military. Military is the only threat to
single women. In our area we do not have sexual violence caused by the local men.
The cultural practice of giving dowry is further exacerbated by issues relating to access to land,
according to a 65 year -old father of three daughters from Nallur, Jaffna:
Women are the ones who are badly affected by land related problems.
Without proper land titles, it is impossible to give dowry for our daughters.
Due to this, today many daughters are still single in our societies. The
parents are unable to get them married without giving a dowry. Land is
the biggest asset in lower middle class families. The parents usually plan
in advance to equally divide the land they own between their daughters.
None of this is possible without proper land titles. Due to war, many
people have lost their titles. Additionally, planned resettlement of other
communities (referring to ethnicities) by the government, and land
grabbing worsen the situation. I think that the attitudes of the Sinhala
people should be changed in order for them to understand that Tamils
of this country must have the right to live in their places of origins.
Sinhalese must not try to encroach the Tamil land. The Tamil politicians
and political parties must be clear in their policies and practices. They
must encourage the Tamilnadu government to support us. Also, the
people must fight for their rights. Without the involvement of a peoples
movement, harmonious solutions cannot become a reality.
Without proper land

titles, it is impossible
to give dowry for
our daughters.
Due to this, today
many daughters are
still single in our
societies.
The above narratives highlight the crucial fact that it is womens survival that is mostly at stake.
Increasingly, multi-generational livelihoods and food security are threatened as a result of the
war as described by widow from Krishnapuram in Kilinochchi, mother of three daughters (aged
30, 20 & 18).
my eldest is not mentally stable. One is studying at the Bible College. The other one is
working at a garment factory. My husband died in the war. I was also injured on the head
and one of my legs and arms are paralysed. My children are only helping me. I get Rs. 3000
monthly as I am injured. If there was no war my husband wouldnt have died and I also
wouldnt have been injured.
28
In describing about her life now,:

after we came back to our place we were in a school for a year. All are affected after
the war. We have lost a lot. We need peace. Then only we can live happily in harmony. The
problem is that the army has taken our lands. The army has taken lands from twelve people
including me and put up a training base there. I have one acre land that is occupied by them
at present. Some are having 3, 4 acres under the occupation of the military. Now acre of
replacement land is given to each in Krishnapuram forest area. But our lands that are taken
by the army are fertile and closer to Kilinochchi town. Problems have cropped up as the
military now says that our lands are illegal lands. They also claim that we do not have proper
titles for our lands. I have the permit for my 1 acre land. But, no proper documentation is
given for the replacement acre land that was given to us. They say that our lands will
be given back when the army withdraws from the place. These have affected me mentally.
Im really worried about my three daughters. How Im going to give them in marriage. What
about their dowry? Who am I going to give this acre land? We want the lands back and
the government to remove the army from our place.
This stories of the women above underscore, not only the losses suffered due to war but how their
vulnerabilities have multiplied due to, fear and insecurity, loss of a spouse, cultural practices where
land is central to their continuation, land occupation and corrupted land recovery and administration.
Further, it is likely that the next generation of women and girls are already destined to have the same
outcomes.
3.2 Caste
Caste-based discrimination is still an issue with regard to land distribution
patterns in the North. For generations, the transfer of titles especially when
done to outsiders is ought to comply with the socially accepted rule that it
cannot be sold to an outsider to the particular caste of residents. This way,
caste based regionalism is maintained in certain neighborhoods. To be sure
the rigidity of caste has weakened over the decades but still remains strong.
the rigidity of caste

has weakened over
the decades but still
remains strong.
According to Navukarasu, a 72 old retired government officer from Jaffna;

...there are caste based land divisions in Jaffna. They still exist. Basically, the division of land
is based on the kind of income generating activity carried out by a particular community for
generations. This is how caste is firmly embedded in the Jaffna society. People from one
particular caste do not easily sell their land to someone from a different caste. The consent
of the neighbours is kind of an unwritten law that most people follow. Because, usually, the
people belonging to the same caste tend to live in the same neighbourhood. People can
anticipate someones caste based on the road or area that they live.
Caste is still a sensitive issue. The issue is hardly addressed in the public sphere and impacts the
ability of the present research also to properly address the issue. People tend to only share their
beliefs on caste only among their kin or friends who are also likely to belong to the same caste.
But caste is an issue that definitely impacts on access to and ownership of land in multitude
ways.
29
epyKk ; ehq ;fSk ;
3.3 Conclusion
Very little real focus is given to the gender and caste dimensions of the land issue in the North. This
cannot be solved by the state and law agencies alone. There has to be wider societal recognition and
action on the deep impacts created by caste and gender with regard to access and ownership of land.
The Tamil community should be willing to talk openly about these issues.
30
Chapter 4
Ethnicity and Religion as Cross Cutting

Issues Affecting Land
Chapter 1 has dealt extensively with how ethnicity is central to understanding the issue of militarization.
This chapter looks at the ethnic and religious dimension of the land issues from a intergroup conflict
perspective as opposed to the state- group conflict perspective which figured prominently in Chapters
1 and 2. To be sure we want to emphasize that we do not view ethnicity and religious identity from an
essentialist perspective but more from a political perspective as primary sources in Sri Lanka through
which identity if formed and practiced in the public sphere.
4.1 Ethnicity as a cross cutting issue affecting land

It is important that land issues in the North arent seen as a binary as between
the Tamils and the Sinhalese and that issues faced by the Muslim Community
are also placed at the centre in our understanding of post-war land issues in
the North.
The persecution and violent expulsion of the Muslims from the North by the
LTTE in 1990 has left a deep black mark on the relationship between these
two communities and continues to impact issues relating to land rights as
they intersect between these communities.
persecution and
violent expulsion of
the Muslims from
the North by the
LTTE in 1990 has left
a deep black mark
on the relationship
between these two
communities
The following narration by one of our focus group participant lays bear
the issue:
I was small when we were expelled in 1990. Now Im 40. When our family was here my
father had a land. But it was sold thinking that the Muslims would never come back. So
when I came back here I lived in rented house with my family. Now I have bought a land
at New Moor Street and waiting for the housing scheme. Muslims have been resettling in
Jaffna since 2002. When they were leaving Jaffna it was 4000 families. But only around
2000 have registered for resettlement from 2002 to 2010. That too has shrunk to 500 as
there were no proper facilities to live on.
The children who were born in Puttalam do not want to come back due to lack basic
facilities. Between one hundred and one hundred and fifty houses have been completed.
Most Muslims live in incomplete houses. There is no land to share. Even on my paddy land,
I have problems just to build a house. More than 500 of us have applied for a housing
scheme. The DS is reducing the possibility of getting it based upon the point system-- even
for the Muslims that have land. The DS uses political influence with a Tamil minister to work
against us. The DS has told us many things like that we are from Puttalam and why have
we come here. If it is a concern of land we have a land in Mankumbaan (Jaffna). But no
one is prepared to go there as this place is convenient for education and job. And the ones
who have lands and houses in Puttalam cannot register for the housing scheme here. The
GS register here if the registration is cancelled in Puttalam. These lands set aside for the
housing scheme at New Moor Street in Pommaiveli (Jaffna) are temporary. They are the
Mosque lands and are also flood prone. We have to move to schools during rainy days. No
one listens to us. All the land officers are Tamils and dont understand what we have been
through. They see us as from a different place, from Puttalam. Muslims in the other area
have been given lands and housing scheme. Why not us?
31
epyKk ; ehq ;fSk ;
The Tamils have built big houses in the paddy field low lands along Araali road. But we are
not allowed in these houses or area. We have lodged complaints at many levels but not yet
received any positive reply. It is not likely that our problems will be sorted out even if we
have a politician working for us. No one is ready to participate in demonstrationsyet, but
our Federation is striving hard.
The Muslim minority have been affected by multiple displacements and problems of return relate not
just to rebuilding, but also of the mistrust and suspicion that has taken root in relationship between
these two communities. Thirty -nine year old Fathima lives in Vaddakkachchi, Kilinochchi. She is
married. Fathima studied up to O/L. Her husband (47) is engaged in retail business; her five daughters
are aged 19, 16, 13, 12 & 10 and her son is 15. As she spoke of her family of 8:
We were chased out by the LTTE and had to live in Puttalam in the year 1990 and came
back to our lands in 2010. When we were chased out also we struggled a lot as refugees. It
is now 4 years since we came. We were 40 families in 1990. Only 11 have come back. The
majority are Tamils in the neighbourhood. But there is no problem. We have built houses in
our own lands after the war. It is really a relief. We have our shops built on our lands after
the resettlements.
But the culture is not like before war. The old people are kind to us, but the youngsters look
at us as enemies as they were taught as such during the war time. There are problems like
liquor usage and land disputes.
In Kandaavalai in Vaddakkachchi we have a problem with a neighbour who is a Tamil man.
They have fenced off a part of our land and planted coconut trees. His toilet is in his land
but the pit for it is in our land. I informed the Land Department but hey havent taken any
action so far. I try to speak with him directly but he wont come out. The Land Officers (LO)
reply for my complaint is that my father has sold the land this particular neighbour. Then
I asked him how he could say like that without having both the parties inquired in front of
him. I asked him to show the proof as it was not fair. The reply was that they would call me
again; but not a single call so far. Now Im thinking of writing to the Provincial Department
of Land to get a solution. The Officials mostly support the Tamils. A 2/3 portion of lands
owned by the Muslims have been grabbed and the permits are taken by the Tamils during
the time of LTTE. There is no justice even at high level authority. They just neglect. And
if Muslims come for resettlement and build temporary houses on their lands they come
destroy everything, fight and leave threats too. The officials also support them without
taking any actions. Muslims are suffering a lot as they are not well off to go to courts. I
need justice for my land..
Kayla, a 36 year old social worker, lives in Neeraavippidty, Mullaithivu describes how gender and
ethnicity further intersect and worsen discrimination in the context of customary land practices.
We have been living on deed lands and dowry lands for years. This side (left side of
Neeraavippidty) where we stay is full of deed lands, which are under womens names. The
other side is full of cleared lands, which are under mens names. The ones who were granted
housing schemes through the government under World Bank Programme in Puttalam have
not yet been given lands here. Government lands that were given to people through permit,
but no one from either of the communities, Tamils and Muslims, know how to transfer them
to the heirs. People are not aware of the facts related to the land issues.
570 families were supposed to resettle in Neeraaviyappidty. Yet 425 only came back and
in which only 200 families got the land. The list of names has been pasted on the Notice
Board at the GS office and GS also would send messages. The Tamils have grabbed the
32
lands that belong to the Muslims and some have marked their boundaries into the lands of
the Muslims and extended their lands. Almost 99% of the people dont know that they have
to get the survey plan for the lands. The women are not aware of it. Actually, they are not
aware of the land issues like deeds and titles. There are many cases pending at the Free
Legal Aid Commission.
During the time of the war, as we could not come back, we asked a person to look after the
lands. He only sold the lands to the Tamils. Many lands were leased. We made arrangements
to recover them. But, when we came back after the war only we got to know that he did not
pay the relevant people for the process. Thus, the lands are free held. And we were paid a
very small amount of lease only. We were cheated in many ways. The lands belong to the
Muslims were given for permits. Two third of the lands in Neeraavipidty have the survey
plans and some have the very old hereditary plan too. When we spoke to the Commissioner
of lands regarding the land related issues he said that the officers cannot sort anything
without political influence.
Now there is a confrontation between the Muslim minister and the Tamil politicians. The
land is granted at their favours. But, why cannot they give the Muslims the lands as they
give the Tamils? If the lands are not given before December 2014, then the housing scheme
also will not be granted. The housing schemes other than the Indian scheme have been
granted to the ones who had land deeds.
Kaylas account also highlights the failure of development donors and organisations to understand the
context in which they are working.
State led resolution mechanisms have made some efforts to resolve these cases but the processes are
mired in legal confusion, time consuming and costly court cases, which led many to simply give up,
as in the case of 62 year old Nazeera from Thanneeroottu, Mullaithivu. Expelled from her 6 acres of
land, one of each which was promised to her six daughters they returned after the war only to find it
occupied by a Tamil family.
they had the deed as well. The enquiry made it clear that they had bought the land
from two of the sisters, both deceased, through a third person, The third sister who is alive
does not have the deed. The other three sisters have filed a case. The Survey Department
has been requested by Legal Aid Commission to submit a report on the case after relevant
enquiries and surveys. They did not come because they claimed they had not received any
of the Courts orders. So we gave them a copy of it. We currently live with another person,
helping with work to pay to live there. The people who own the land now showed the deed
and the proof to what they had paid. But it was all illegal. We have spoken to a Lawyer and
even the Court felt that he had not done a proper job related to the case and referred us
to the Legal Aid Commission. The Commission has given a letter to the GS. He has written
the actual situation for the report. In the meantime, the people who own the land asked
us to stay with them on the land. But we do not want to go there without getting a proper
justice first.
Government confiscations of privately held lands cut across ethnic lines, but have only served to
deepen resentments between among all ethnic groups according to Vasanthan, a 44 year old NGO
worker from Ariyalai, Jaffna;
Some lands (saltern lands) were privately held but became designated as government
property now with the help of some higher authorities. In some cases the owners have
passed away or abroad. This saltern could make up to 1 million in profits-all on government
land. People do not know about this.
33
epyKk ; ehq ;fSk ;
Straight up to Ariyali east is a sea and after the sea come Navatkuzhi. After navatkuzhi there
is Aiyannar settlement. Now it has been renamed as Mahinda puram. Next to that there is 5
housing project. It has renamed as Rajakiraamam. Further, there is Appan settlement; now
a vihara has been built there and Sinhala people are settled there. The coconut trees that
are planted by Appan villagers are now helping these people. The LTTE named the village
Appan. That is why people were threatened and left that place. 2/3 people are Tamils here.
But the Buddhist Theras are the heads of all communities here.
The land behind the Sinhala settlement have been allocated for building a company. The
Sinhala settlement is in the middle surrounded by the Tamil families. It is under the control
of army. It is difficult to mobilise around this are. No document has given to those who live in
Aiyanaar settlement. Perhaps they may need to leave the place. Those who are responsible
for the society and those who care about it should identify the struggles and should propose
solutions regarding the rights of the people. The actual owners must get their lands back.
For some, the land issues reminded them of being insecure in their places of origin. For instance,
the feeling of otherness and insecurity prevails in the division of Weli-Oya in Mullaithivu known
as Manal Aru in Tamil. Many do not know whether it is a separate division or it functions under the
Karaithuraipattu division in Mullaithivu. Previously, some portion of its administrative structure was
with Trincomalee district (in the East). However, now it seems to come under administrative limits of
Mullaithivu district.
Both Sinhala and Tamil (the majority in the area) speaking people live in Manalaru. The villages (a little
over 40) under this division have had a long history of violence, deaths, displacements, and security
threats. Encompassing border villages that encompasses area that cuts across 4 districts (Mullaithivu,
Vavuniya, Anuradhapuram, and Trincomalee) has increased the risk during the time of the war when
the presence of both the Sri Lankan military and the LTTE had caused many damages and losses.
According to a few men and women from Kokkilai and Kokkuthoduwai:
Tamils have been living here since the 1930s. Our ancestors came here for agricultural
purposes. By 1938, there were 600 acres given to Tamils for cultivation. There are many
small tanks in these areas, which helps a lot of with cultivation. The problem started after
the 1983 riots. In 1984, an army commander called Janaka Perera brought Sinhalese for
the first time to live in the border villages. We knew it was going to be a big problem in
the future. It was a highly tensed period when the LTTE had control over the most parts
of the division. There were many killings and armed conflict. After the war had ended, we,
Tamils started to come back. This has been our homes for many generations. The return
of Tamil IDPs started in 2010. Even now, slowly people try to come back. Most of them
are worried that the security situation might get worse again. The Sinhalese are also here.
Though the distance between the two communities is big, the problems relies with regard
to our agricultural lands. The government has purposefully settled many Sinhalese closer
to the tanks. The residential areas of the Tamils are far from their agricultural lands that
was near the tanks. In the absence of Tamils due to the war, the Sinhalese have captured
lands that belongs to Tamils with the help of the military and the government. Even in 2013,
the former president issued LDO permits to Sinhalese. These are the same lands that have
been cultivated by Tamils for generations. When the Tamils came back, they were given
land far from the tanks. The Tamils agricultural land begins only where the allocation for
Sinhalese end. Access to water from the tanks will not be possible from the lands that are
given now. There have been many attempts to cause immediate threats to Tamil families
who are fighting for their lands. The legal documentation for the initial 600 acres of land is
available with a few Tamil families. They are trying to file a case. But, so far, somehow the
34
government officials have been delaying the process of giving us a proper answer. They
are saying that alternative lands will be given. But, the people do not want them as the
alternative ones are far from the tanks. All resourceful lands have been taken by them.
In 2011, the government forced us to register for land. Indeed, that process was highly
corrupted. The Sinhala military even brought thugs to guard the cultivated lands of the
Sinhalese, fearing that the Tamils will do something to destroy them.
Though the study did not include Sinhala speaking participants, it is evident that the Sinhalese who
have been brought to be settled in Weli Oya face many issues on a daily basis as a result of unplanned
settlements. They have not been given adequate facilities. It is the poor despite ethnicity and other
factors that increases vulnerability in a given context who becomes the guinea pig in decisions made
by the hegemonic powers for the benefits of their mandates.
Another aspect of insecurity on the grounds of ethnic divisions was shared by a few families from
Mayavanoor, Kilinochchi:
Approximately, 10 Tamil families had settled in Mayavanoor after the 1983 riots. We belong
to the plantation sector. At the time of the riots, we were living in different parts of the
country like Matara, Kandy, and South of Anuradhapura all Sinhala areas. We had to
flee in the face of the riot. Thus, ended up here in Mayavanoor conveniently in a Tamil
area. When the war had been ended, they came back to Mayavanoor in 2010. Only about 5
families of their origins came back. Ever since their return, there have been many accounts
of ill-treatment by the government officials from all spectrums of the ladder of hierarchy
clearly indicating that their return was not welcomed. Apparently, the officials at the lower
tail of the hierarchy are involved in selling private lands belonging to people who are abroad
and unlikely to return. Thus, they do not wish to have people who would question them
and do not support their act of corruption. They often receive threats from the government
officials. The ones who are vocal and active are targeted the most in order to silence all of
us. We have all the documentation to show that this land belongs to us. It has gone from
bad to worse when the voting card for the active member of this community did not come
through during the last presidential election (January 2015). They are threating us that we
are being deprived of our voting rights. We do not care. They will not provide us the land
permit. Thus, no housing scheme is applicable to them. They are losing out on agricultural
support as well. They are farming folks. Apparently, there are talks that they will give us
alternative lands. We do not buy that. We want to life here. This has been home for us for
a long time. That cannot be changed now.
For some, war trauma has left intolerance for any ethnic group. The land issue becomes imbued with
the losses and injustices during the warand at the present time. Bhavan, a 65 year old Tamil living in
Mulliyavalai, Mullaithivu, is less sympathetic of the landlessness facing Muslims:
We have land problems too. We have problems because they gave Tamil peoples lands to
Muslims. Some Muslims asked for land nearby Aiyanaar temple, but our people did not let
them get the lands. They betrayed us and now they want to live among us? Our people will
not allow them, they have chased them away. When they left they sold their lands and now
they have come back for our lands.
Bhavans son was one of many who have disappeared during the war and made it clear that he is
determined that Sinhalese and Muslims should not be in the area and should not be given any lands.
But 60 year old Faizar describes the dilemma faced by Muslims who are looking for land in the same
temple site described by Bhavan:
35
epyKk ; ehq ;fSk ;
we have acres of land, but now they are separating the lands and. Muslims have only a
or acre of land. They dont have any other land for us. Now we have come back with
our children but how many children can equally separate this land to. People sold our lands
thinking that they are not going to come back here again. Now we have come back here
again and struggling not knowing where to live now. If (the temple land) is not for us, we
have requested them to give at least acre of land for our children to live on.
We have been going to Kachcheri for a long time for this. Recently, the DS had promised to
give land near Aiyanaar temple and showed us the land. When they try to clean it up with
bulldozers, Tamil people protested by lying under bulldozers. The protest was successful.
Now, they are telling that they will give us lands nearby Kulamurippu.
Also, they should provide land without any gender discrimination. They should prioritize
widows like me.
The accounts by Faizar and Bhavan demonstrate that lack of consultation, due process, and enforcement
of the law has affected all ethnic groups. Land conflicts, in turn, have only deepened ethnic divisions,
where mutually agreeable solutions could have been negotiated. To stem ongoing conflict formation,
reconciliation and peace building work will have to be implemented or else ethnic elites will seize upon
these divisions to instigate a return to violence.
4.2 Religion
Ethnic affiliation is complicated even more by religious practices and membership. The experience
in the district of Mannar, where unrest between the Muslim and Tamil Catholic communities in
Pontheevukandal and Poovarasangkulam in 2013 were aggravated by land issues is a good illustration:
The Muslims have been living in this area since as early as 1890s, especially in Poovarasangkulam. The
Muslims and Hindus lived together in harmony. Their cemeteries are together and they have shared the
good and the bad of one another. The Muslims were evicted in 1990. From 2010 onwards, they have
been returning in small numbers. When they left, there were about 50 families. Now, there are over
200 families, but not all of them have returned. One of the main problems is there is not adequate land
for all families to even put up a tent or a shelter and claim as their own. In 2011, the DS office promised
land, but, nothing happened with the promise until recently when about 55 families were given land in
the neighbouring state land, which is part of Pontheevukandal.
In the latter part of 2013, a misunderstanding between the Muslims and the Tamil Catholic communities
emerged suddenly. In the past, there has never been a problem or even a slightest misunderstanding
between the two communities.
We do not want to fight with anyone. We know that the current problem can be intensified
and lead to many other problems, not only in Mannar, but in other parts too. All we want is
to be given a piece of land for each family, so that we can build our lives back. We got this
chance from an Indian housing scheme, through the DS office. We cannot delay since we
are afraid they will not wait for us. Therefore, we are spending our own money to clear the
land. It should have been done by the government but they were too slow so we decided
to do it. We are poor. We do not have much left. Some families had to sell the last piece of
jewellery to be able to clear their plot of land. Our situation is that bad.
what we do not understand is why the Catholics have to fight now. The DS says it is
government land. There is no reason for them to fight. We are not troubling them. We wish
to live in peace and harmony. When they got arrested, we were even ready to offer our
help to bail them out. It did not happen. But, we would have done it, if they had asked. We
36
share the same road and we hired their tractors to clean the land. They did not mind it at
the beginning.
The confusion and good intent expressed by the story above is equally matched by the conviction of
the events described by the Catholic community:
The DS asked us to come for a meeting as have been raising our concern that our land should
not be given to Muslims. We believe that Pontheevukandal is our place. Our ancestors have
lived there since 18th century. There are a couple people who were born on land and still
alive. We have been telling the DS that it is not government land- he land belongs to us.
Since 2010, we have been going back and forth on this issue. Last Monday, many of us went
to meet with the DS. He did not expect us. We did not go to fight, but, he refused to meet
us. We knew that he was inside. Despite the obvious clues for his presence there, he made
his office staff lie to us. When we demanded to meet him, the security guards pushed us to
the gate. They pushed us outside and locked the gate. Then, we threw stones. We did not
behave like this ever before.
The next day we had a meeting with the GA, but, we were not given a satisfactory answer.
The GA said that the authority to solve this problem is at the DS level. That night, the police
came and asked about 10 of us to surrender the next day at the police. On the 11th, many
of us went to the police station, including women and children. They arrested 65 of us; 33
women and 32 m and went immediately to Mannar courts. The judge gave bail for 47 of us.
As this decision came about 6 in the evening, we could not find people to bail those 47. As
a result, all 65 were taken to Anuradapuram. That night all of us were remanded. The next
day, we managed to arrange 47 people to give bail at Mannar courts. The 47 came home on
the 12th. Our women had to spend a night there. We have gone through a lot and eighteen
of us are still there. All of them are men between the ages of 22-60. The next case date is
18.12.2013. Mr. Anton Punithanayagam is our lawyer. We are determined that we will never
give our land to Muslims.
Displaced aggression, which should have been aimed at local authorities, is more likely a function
of displacement. In 1989 the war displaced much of the Catholic community to Silavathurai or
by boat to India. Although they returned in 1995. Pontheevalkandal has been the place for many
disappearances and extrajudicial killings. Some within the Catholic community blame Muslims for these
atrocities. According to them, Muslim informants to the military resulted in innocent civilians (not LTTE)
disappearing or being killed leaving deep and ongoing wounds in the Catholic community.
The stories highlight the unresolved issue of disappearances how they have shaped peoples narrative
about the war --and prospects for peace. It also demonstrates that when land is contested along group
lines, whether ethnic or religious failure to address these concerns only entrenches group animosities.
The historical memory of war is integrated within post war development, in this case land, and colours
the process of those returning to their homes. Further, the failure of government and development to
adequately consider these sensitivities has been worsened divisions.
We will never forget or forgive what the Muslims did to us. We lost our sons because of
them. In 2010, WRDS (Women Rural Development Society) got together and tried to build
a church in that particular piece of land that is in question. The foundation has been laid.
We also hung a board indicating that a church was being built. But, the Muslims came and
destroyed the board. They started to create problems and we had to halt the construction
work. Before the Muslims came, we had marked boundaries for each piece of land that
was available around that area. Whatever we had put was destroyed when they started
to clear the land. A couple of months back, with the help of the DS, another land survey
was done and plots were remarked. Our boundary marks have been lost. Around the same
37
epyKk ; ehq ;fSk ;
time, actually before the surveying commenced, the GS organised Kaani Kacheri (a village
level meeting to finalise the plots allocated for each family). Both, Pontheevukandal and
Poovarasangkulam come under the same GS. They should have conducted only one Kaani
Kacheri. But, there were two held. One for them and one for us. Why did they have to do
that?
They are not being honest with us. We were scolded when we asked for justice. They never
treat us well. We are not going to let this go, after all what we have gone through. Recently,
the Muslims have also created some troubles to one of our young girl who was returning
home after attending tuition classes. We use the same road. Anything could happen. We
will not forgive these kinds of ill behaviours. In the last two months, over 20 times we have
gone to the DS office, collectively as a village. A hundred times we would have gone on an
individual basis too. One of us is given the Indian housing. But, no land was given to him as
yet. Yes, most of us have houses and land in this side of our village. But, that side is also
ours. No one can take it away from us. On the 13th of this month, after all what happened,
they circulated a notice against us. Muslims are like this. We cannot live with them. They
will corrupt us, our women.
The level of animosity between the two communities is explained by Fr. Jude, a 51 year old priest who
lives in Pattiththoddam, Mannar.
I chose this path as I like to serve and help others. Ive been working in this Bishops house
for the past three years. When I lived with my family our immediate neighbours on both the
sides Hindus and Muslims. We had a good relationship. They all were displaced in the year
1984. Now, there are some other Hindu families are living there.
But there was a huge change in the mentality of the people after the war. I was at Mannar
and Vanni Parishes during war time. We all had the same problem those days. It was a
question of how to survive. Everyone helped each other and lived united. Now, it is changed
and they try to come up pulling each others leg behind. The reason is that their basic
needs are not being met. Poverty lingers on. The war has left the mentality of selfishness
behind. People were able raise cattle during war period. Each had more than 100. Now, they
have lost everything and in despair without investment or assistance to begin again. The
educated ones are without jobs due to political influence.
On land issues, the lands that belong to the Bishops House have had various problems. The
Muslims have encroached lands in Swamithodtam near Thalaimannar. A case has been filed
against them through the police. Minaaraapaadu in Erukkalampidty have also belonged to
the church since 1923 and is also claimed by the Muslims now. The army is also requesting
that we provide this land for their occupation and we gave them permission. Actually, we
allocated the lands for the ones who are without lands and for common purposes. But, now
it is goneto the army! For example, Sinnappandivirichchaan 10 acres, Madhu (army) 1
acre, Thambanaikkulam (navy) 2 acre, Thambanaikkulam (army) 4 acres and Madhu road
(army) 1 acres. We know that it is an effort to bring down the ratio of Tamils for the
purpose of elections.
These accounts were confirmed by others during the course of interviews for this study with others
asserting that false deeds have been obtained by the Muslims for lands owned by the Church.
A major theme running through many of the above narratives is a complete lack of trust in the land
administration system that is riddled by lack of transparency, unfair practices and inaccessibility. This
compounded by lack of trust between communities results in permanent conflict.
38
4.3 Conclusion
Religious tensions in the North (leaving aside the Tamil-Sinhala-Buddhist conflict dimension) primarily
relates to the ethnic divide between the Tamils and the Muslims. Much work needs to be done to bridge
the divide between the Muslim and Tamil community. Mutual suspicion and distrust cannot be alleviated
overnight but systematic programmes should be undertaken to develop better inter-community trust.
39
epyKk ; ehq ;fSk ;
Chapter 5
Concluding Observations and Recommendations

This chapter contains concluding observations of this study drawing from the findings and put forward
recommendations for addressing those issues raised by the findings of the study. Matram asked
participants of the study to suggest recommendations and these are included along with specific
recommendations from Maatram.
5.1 Concluding observations

The following are the concluding observations of the report, but however are not a substitution for the
detailed and complex analysis of issues that are presented in the study. These findings are an attempt
to capture the issues presented in summary form and owing to this are devoid of the complexities with
which they are presented in the chapters.
Militarisation is the key issue that affects land issues faced by people in the North
(and East). Militarisation affects issues relating to access and control of land but
also impacts distribution of land. Public acquisition of land for the military cannot
be purely addressed by legal means. The problem is both relating to extra-legality
but also that law enforcement agencies can make use of ambiguous provisions
of the law to further the militarization problem. Militarisation is essence a political
issue which can be resolved in the long term by politics. Despite militarization
being a feature of post-war Sri Lanka this report has argued that it takes a
particular dimension in the North - East of the country that distinguishes the
problem from the rest. This particular issue the report has argued has to do with
the Sinhala Budhdhisisation agenda of the Sri Lankan state and its institutions,
which informs those who argue in favour of a disproportionate presence of the
Sri Lankan Armed Forces in the North and Eastern Provinces of the country. As
provided for in detail in the recommendations a significant component of the
demilitarisation problem has to be demobilization.
Militarisation is the
key issue that affects
land issues faced by
people in the North
(and East).
Land documentation issues are also caught up with the war and the ethnic conflict and is distorted by
partisan politicization of land administration. Exclusive control of state land by the Central Government
impacts issues relating to state land documentation and its equitable distribution. Loss of documentation
issues affect resettlement and can have a very direct impact in victims accessing programmes designed
to provide compensation/reparations for loss sustained. This is borne out clearly by the North East
Housing Reconstruction Programme. The issue of compensation for partially damaged property has
been largely overlooked in past schemes of compensation. Resettlement is not merely about access
and control of land but also about capacity to sustainably use land, which has been reopened for
resettlement. There has been very little done to provide support for the sustainable use of land in the
post-resettlement context.
Very little focus has been given to the gender and caste dimensions of the land issue in the North.
This cannot be solved by the state and law agencies alone. There has to be wider social recognition
and action on the deep impacts created by caste and gender with regard to access and ownership
of land. The Tamil community should be willing to talk openly about these issues. Two areas where
the Tamil community can initiate such internal discussion is with regard to the ownership of lands by
Hindu temples (and churches) and the issue of reforming the Thesawalamai. It is widely known that
temples and churches in the North own a vast proportion of land and it is our contention that these
lands can be used to address the landless problem. That the customary law of the Tamils of Jaffna is
discriminatory towards woman is also widely acknowledged. The discriminatory provisions found in the
40
modern Thesawalamai are also partly due to its foreign influences - in particular Roman Dutch Law. A
reform movement of the Thesawalamai is long overdue and such a movement needs to be internally
generated.
Religious tensions in the North (leaving aside the Tamil-Sinhala-Buddhist conflict dimension) primarily
relates to the ethnic divide between the Tamils and the Muslims. Much work needs to be done to bridge
the divide between the Muslim and Tamil community. Mutual suspicion and distrust cannot be alleviated
overnight but systematic programmes should be undertaken to develop better inter-community trust.
5.2 Recommendations
The recommendations below draw from Maatram Foundations experience on dealing with land issues
in general and in particular draws from experiences in conducting this study.
1.
Demilitarisation/demobilisation is key to resolving land disputes. Demilitarisation as this report

shows is linked to the issue of Sinhala Buddhist colonisation of the North (-East) and impacts
on all aspects of the land problem. This is not an easy issue to resolve. Demilitarisation has
to involve demobilization and de-securitisation. Demobilisation will have a direct impact on the
economy of the South . Given that this would mean the impossibility of immediate demobilization
some of the initial steps that could be taken are as follows:
a) Provide clear instructions to the Sri Lankan Army not to involve in civilian administration
including in the propagation of religion.
b) Empower the civilian administration to give directions to the Sri Lankan Armed Forces who
are stationed in the district. (Currently the civilian administration in practice takes orders
from the armed forces hierarchy in the district)
c) Establish a credible complaints mechanism through which citizens can seek redress for
violations by the armed forces
d) Prosecute any violations of law, interference in the civilian administration by the armed
forces.
e) Strictly enforce the non extension of the Defence Ministers call out to the Armed Forces
minimizing and eradicating the presence of the army in the everyday affairs of the people.
f) Remove camps spread across the district by housing the army in a few locations which are
separate and distinct from human habitation.
g) Withdraw armed forces from all public buildings including government offices and schools
h) Relocate armed forces to other parts of the country and maintain equitable presence of the
army throughout the country.
For the Tamils in Sri Lanka to regain confidence in the military, the Sri Lankan Army has to
undergo wide ranging security sector reform and this includes holding to account the Sri Lankan
armed forces for violations of crimes committed (and those that continue to be committed)
during and after the war. This point alone is sufficient to demonstrate that the resolution of
issues like land is tied closely to the issue of accountability and is previously noted to a political
solution as well.
2.
Routinely police are involved in the resolution of land disputes. They should be strictly advised
not to engage in such activities unless there is a breach of peace. The task of settling land
disputes is a matter for courts, mediation boards and similar bodies so tasked by the law. The
National Police Commission should be empowered to issue strict guidelines and effectively
monitor corruption and bribery in the police force.
41
epyKk ; ehq ;fSk ;
3.
State land is a matter exclusively vested in the centre. This is a matter which has been at
the centre of debates relating to the resolution of the national question. Unless state land is
vested in democratic institutions that are perceived to be legitimate, in line with the principle
of subsidiarity, the distribution of state land will continue to be an issue that affects ethnic
relations. We would suggest that the Government of Sri Lankas proposals for constitutional
reform of 1995 and 1997 can provide the starting point for discussions on the matter. State land
should primarily be a matter for the provinces with the judiciary providing the forum for dispute
resolution.
4.
Thesavalamai should be reformed by an internal reform movement within the Tamil community
with the intention of updating the customary law in line with contemporary norms of human
rights and gender justice. The reform movement should be bottom-up and should consult all
sections of the Tamil society. The Northern Provincial Council can set up a commission that can
undertake this consultative task which can then produce a new Thesavalamai code. (Currently
NPC does not have jurisdiction to amend the law but future constitutional reforms should
consider vesting customary law in the provinces that best overlap the territorial jurisdictions of
the customary law).
5.
Digitalisation of private land deeds and where grant of permits for state land should be
immediately commenced .
6.
A stakeholder discussion on the question of temple land is an urgent necessity to address issues
relating to landlessness in the North. Temple land that is not reasonably necessary for the
upkeep of the Temple should be made available to the landless people of the region. This can be
done in two ways encouraging temples to lease out lands to the landless on a long-term basis
(with the sanction of the relevant district court) or by way of legislation which on a case-by-case
basis acquires lands from temples with suitable compensation. The latter is a long-term option
and the legitimacy of this exercise will depend on the legitimacy of the institutions embarking
on such a legislative programme.
7.
A major issue with lands that have been subjected to high security zones for a long period and
those that have been recently opened for resettlement is the difficulty of identifying boundaries.
The use of satellite maps before the time of displacement may help resolve the problem. The
maps may help in the identification of boundaries.
8.
Specially empowered mediation boards should be created that sanctions community re-mapping
and boundary drawing in resettled communities. We second the recommendations of the Asia
Foundation/ Ministry of Justice study recommending the establishment of special mediation
boards. The decisions made by these boards should have the sanction of the law while providing
for a limited opportunity for appeal.
9.
Muslim Tamil civil society consultations on land issues should be promoted and systematically
conducted and followed through. More broadly a specific truth and reconciliation effort between
these two communities is essential for cultivating better relations between the two communities.
A Citizens commission comprising of civil society representatives from both communities
could be set up to inquire into, map out and resolve issues relating to land between both the
communities.
42
The following are a summary of suggestions made by the participants of the study
1.
Resolve land related issues based on local and traditional knowledge and understanding of
problems.
2.
Resettlement should be based on the principles of durable solutions and involuntary

resettlement.
3.
Provide a forum for people to share different views about land conflicts, as a means to
facilitate the peaceful resolution of disputes.
a. Develop committee consultation groups and conduct effective consultative meetings
on a regular basis.
b. Develop public and media campaigns to inform the public about their land rights and
responsibilities, and any new developments in these areas.
c. Ensure that all activities consider the specific needs of gender and other vulnerable
groups.
4.
All State policies and actions to address land disputes need to recognize the diversity of
claims and issues. Broad consultation and participatory processes need to be employed in
the design and drafting of policies and processes to ensure a clear understanding of the
wide spectrum of issues and disputes.
5.
Establish separate land courts or tribunals, or significantly expand the capacity of the
existing court system, in order to handle the surge in land disputes.
6.
Work with donors and nongovernmental organizations to support alternative dispute

resolution mechanisms, including mediation.
7.
Recover, document, and hold as many land records as possible including those that may be
found in a land registry, on maps, possession lists, survey field records and through oral
testimony, and make them public.
8.
Assess the degree of contestations associated with statutory and customary law and the
interactions between them, including the extent of fraud, knowledge of laws, public trust
in laws, and the emergence of conflict-related approaches to law. Engage in consultations,
with both prominent and marginalized stakeholders, regarding their land-related concerns,
reaction to decrees, etc. Stakeholders who should be consulted include internally displaced
persons (IDPs); women; youth; squatters; ex-combatants, and members of all affected
ethnic, political, and religious groups.
9.
Explore specific provisions in existing law and circulars to solve immediate problems.
10.
The Northern Provincial Council should initiate a process of identifying land issues and the
related multi-dimensional consequences and share the findings with the central government
in order to promote structural and administrative changes and action.
11.
Reform the customary laws such as the Thesavalamai - in a manner that does not
marginalise anyone women in particular. For example, all new grants of land by the state
are to the joint heads of the family (husband and wife) recognising that the grant is to the
family and not only to an individual. In the case of single headed households it may be
pertinent to ensure that minors are included as well.
43
epyKk ; ehq ;fSk ;
5.3 Conclusion
The study has clearly illustrated that beyond the individual benefits for women and men that land
provides, land is central to communities in a collective sense. The study findings reveal quite surprisingly
that the people are cautiously optimistic that land disputes can be resolved. This is indicative we
believe of the resilience of the war affected. Approximately, 78% of the participants think that land
disputes can be resolved by taking adequate actions. At the same time, 22% do not feel hopeful that
land disputes will be resolved. It must be remembered that even the hopeful ones are cautious in
their optimism. Anyone who has survived the brutalities of the violent conflict would find it difficult to
generate hope.
It is the hope of this study research that interested and responsible actors including the newly
elected government of Sri Lanka will take all concerns shared by the people seriously by expediting
the implementation of the necessary processes and monitoring the effectiveness of the same. The
process has to put land at the centre of the effort to resolving the National Question.
44
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46
Annexure 1
Methodology and Approach: An Emphasis on
Narrative and Experience
Objectives
1.
To identify the vulnerable peoples claims on the issues related to land.
2.
To provide information that can facilitate the identification of processes to be followed in order
to resolve land related issues.
Methodology
The study began in early 2014. A few activists associated with the Maatram Foundation both women
and men with a history of working on issues faced by the marginalised communities for over a
decade/s began to explore the feasibility of a land study. The reason being that their work with the
population that was returning to their places of origins in the North revealed that issues related to
land disputes were mostly the root cause for many other disputes within and between communities.
They were able to improve the conceptual understanding of the study include in the areas of post-war
reconciliation, womens rights, gender equality, minority rights, community co-existence, land rights,
and peace building. In addition, five experts with experience in womens rights, law and legal matters,
community development, and post-war reconciliation comprise a core of the team. Together they
developed a practical and relevant framework for the study and determine its feasibility by assessing
potential risks and threats to both interviewers and respondents and plan for risk management.
A broad understanding of current land issues was derived from a desk-based review, including a literature
review of relevant studies and reports by organisations including the Centre for Policy Alternative, the
Law and Society Trust in Colombo, and other current global research on land in post-war settings.
Because this report emphasises the importance of the perceptions and narratives of people, grassroots
reports and unpublished documents, which capture the nature and scope of land related disputes, were
also reviewed. This is particularly true for understanding womens experiences in post war Sri Lanka
Additionally, the team also documented local Tamil newspapers namely Thinakkural, Valampuri, and
Uthayan - articles related to land over period of a year from mid-December 2013 to mid-December
2014. The analysis of the same has been interwoven in the report
With the structure and feasibility of the study determined and a determination of the major land
issues assessed, development of the methodologies for data collection was finalised. The geographical
location of the study includes all five districts of the northern region, namely Jaffna, Kilinochchi, Mannar,
Mullaithivu, and Vavuniya. The study utilizes in-depth semi structured questionnaire, an open ended
questionnaire, an attitude schedule, and a case study analysis and focus group discussions, which
were guided by an open ended questionnaire . These methods were employed for the purpose of
identifying the most critical land related issues residents are facing in their communities. Interviews
and focus groups were comprised of four sections: Part 1 captured demographic data, family history,
neighbourhood, current experiences of life in this post-war context, existing conflicts as identified,
other land related issues, and enabled respondents to offer their own solutions, and recommendations.
Part 2 focused on both land ownership patterns and land owners or users concerns. Questions in Part
3 were designed to capture on the attitudes and concerns related to land issues in the post-war Sri
Lanka. The final part focused on the potential consequences if land related issues are not addressed.
Interview templates, translated into Tamil, and data entry protocols were then developed, while Terms
47
epyKk ; ehq ;fSk ;
of Reference were developed for the Field Research Team.

In May 2014, the research team was formed comprised of 22 members (13 women and 9 men from all
five districts), including a Lead Researcher and an assistant. Members were chosen on a competitive
basis based upon knowledge of basic research skills, local context and dynamics, understanding on
the social, economic, cultural, and political landscapes of post-war Sri Lanka, empathic listening skills,
and an interest in community work. A 5 day orientation workshop prepared the assistants for data
collection in the field. The orientation was designed so that team members understood the nature
of social mobilisation and purpose of the study to larger peacebuilding efforts, the rationale of the
methodology and questions asked, with hands-on and role playing exercises to practice interviewing
and surfacing answers.
During the orientation workshop, the team identified key informants and locations in each district
for data collection Key informants included Grama Sevakars, civil society activists, womens rights
activists, community health workers, non-governmental organisation staff, social workers, those
working for or have an interest in local politics, rural development officers, clergy, members of women
rural development societies, lawyers, and members of fishing or farmers societies. The selection
sample was purposive based on economic, socio-cultural, and religious concerns and practices and
priority were given to select families with different and unique characteristics such as single women
headed households, those who had experienced multiple displacements, and those occupying land of
different kinds and in rural and urban locations.
Scope
Almost all of the 33 Divisional Secretariats of each district are included in the study . Due to the level
of sensitivity associated with the issue being studied, only Tamil speakers were interviewed and to that
end, the Vavuniya South division and certain parts of Mullaithivu, was not included.
Security and practical concerns

The security and safety of both the research team and those who participated in interviews and
focus group discussions has been a key priority for this study. First, the political situation of an area
was assessed before any interaction/effort that the researcher was attempted. For example, in a few
instances research assistants were questioned by the security forces to clarify the motive and purpose
of the study and why they were in a particular community. The research team worked together to
provide a consistent and clear way of introducing themselves, and the goals of the study, in a way that
was not provocative. Researchers also consulted with local representatives to ensure all participants
would be and feel safe.
During the interview process, questionnaires and recording forms were avoided when visiting areas
that had intense security concerns such as Mullikulam and Maruchchukaddi in Mannar, Kepapilavu
in Mullaithivu, Othiyamalai in Vavuniya, Valikamum North (famously known as Valivadakku) in Jaffna,
and Mulangkavil in Kilinochchi. The conduct of the study was including their choice of words and
clothing carefully selected that did not cause any harm, they assured that actual names and views
of the participants will not be used in the final report and it will be known to only a couple people,
other than the interviewer, the study team spoke the language of the participants (Tamil) and anything
related to the ethnic conflict and/or existing conflicts shared by the participants were not criticised and/
or judged. Confidentiality was assured to household members and their real names are not disclosed
in the report. Codifying was done with fake names be given and only the researchers will identify the
real names of informants.
In addition to security and safety priorities, every effort was made to be sensitive to the needs of those
48
interviewed and minimise the negative impacts of the time spent by the participants for the purpose
of the study. For example, research participants were given freedom to decide their level participation
in the study and time for interviews. No one was forced to be part of the study. Interviews and focus
groups were avoided during cooking time, lunch time, and times that one would be away at work/
income generating activities. Potentially insensitive words or explanations that were insensitive to
cultural or any other beliefs were omitted. The research team explained that they were not allowed to
use the collected data for purposes other than the study. Participants were neither forced to express
any ideas and/or viewpoints nor would their views be judged by the research team.
Data collection protocols and processes

Data collection with various community members was completed in a four months between May and
August 2014. Individual interviews were conducted in the first month. In order to maintain the quality
of information sought, the maximum number of interviews per day per research assistant was 2.
Throughout this period, research assistant would undertake 4-5 days of interviews followed by one day
for data entry. Interview recording forms and templates guided conversations and conversations were
captured verbatim and not in the third person to the extent possible. More complex or tense locations/
villages were prioritised last. This helped the team to get familiar to become comfortable with the study
processes, the varying environments, and improve their interviewing skills before dealing with difficult
situations and tasks, such as focus group discussions.
The lead researcher maintained contact with each team member on a daily basis, receiving regular
updates of the weekly activities, observations or concerns. Challenges or any disturbing incidents in
the field were reported immediately to the Lead Researcher. Security issues were of utmost priority.
Because of the complexity of the subject being studied, and the external context of the region, and
the coordination needed to ensure that interviews were scheduled and completed, reflection time on
the field experience was built into the everyday schedule.
Throughout the data collection period, a day-long debriefing with the entire team was conducted three
times to dedicate time to discussing challenges faced in the field, personal experiences and learning,
planning future activities, sharing issues that needed immediate actions.
The Lead Researcher and the Assistant also conducted individual interviews and focus group discussions
between May 2014 and April 2015 with key informants and various stakeholders related to land issues.
The following table presents an overview of the reach of our research:
Districts
Individual Interviews
Focused Group Discussions
Jaffna
402
307
Kilinochchi
210
100
Mannar
286
200
Mullaithivu
227
152
Vavuniya
186
120
1311
879
Total
Almost all grama sevakar divisions of each district was covered in the study. The number of people in
a focused group discussion varied between 2 and 10. Tools (questionnaires and recording forms) were
avoided when visiting areas that had intense security concerns such as Mullikulam and Maruchchukaddi
in Mannar, Kepapilavu in Mullaithivu, Othiyamalai in Vavuniya, Valivadakku in Jaffna, and Mulangkavil
in Kilinochchi.
49
epyKk ; ehq ;fSk ;
Study limitations
Although the finding of this study are clear and comprehensive, it is important to note that the study
is not intended to be an academic exercise or necessarily have the required methodological rigour
of a quantitative assessment of opinions and perceptions. Its goal was to encourage Tamil speaking
people in the North to share their concerns, stories and recommendations as regards land access
and ownership for land owners and users. The findings and recommendations are intended to be
understood by all people, not simply politicians or policymakers. At the same time the approach of this
study is in keeping with global practice in land and post war peacebuilding in two important ways. First,
it advocates for recognition of a continuum of land rights that is the existing tenure arrangements of all
people ranging from land leasers, sharecroppers and renter, to communal and seasonally used lands to
land owners. Second, it recognises land as essential to sustainable peacebuilding and offers practical
recommendations to achieve this (Wiley; 2009, Unruh and Williams; 2012).
The report is a reflection of the committed work of the research team, along with key informants,
participants, and advisors with significant trust among all of them. It is written with goals of being the
voice of those who have shared their views with the hope for change. Without trust, they would not
have expressed their concern with such clarity and honesty. Because the actual words of respondents
were collected, the English translation of Tamil narratives were written as close as possible to the
actual meaning as expressed in Tamil. For the same reason, the translations may not always follow
the rules of English grammar. The research team was also careful not to interpret or force the views of
respondents to meet the goals and objectives of the study.
Demographic data
This section presents the demographic and socio-economic data (excluding those conducted by either
the lead researcher or the assistant with key informants) of the study area.
More than half of the population of Northern Sri Lanka live in Jaffna, with the next most populace
region Vavuniya at 16%.
Figure 1: Population of northern region - mid year 2012-2013
Source: Department of Census and Statistics http://www.statistics.gov.lk/page.asp?page=Population%20and%20Housing
50
A total of 1,307 people participated in individuals interviews while 879 participated in focus group
discussions, the majority being from Jaffna, with nearly approximately a third of respondents in
individual interviews and focus group discussions from Jaffna ( Figures 2 and 3)
Figure 2: Percentage of individual interviews
Figure 3: Percentage of focused group discussions
The age of all respondents ranged between 16 and 92 with an average range of age between 31-35
years. The majority of those participating in both interviews and focus group discussions were between
the ages of 26-60 years with more than 50% being women (Table 1 and Figure 4). Also shows that
75% of those women were married and approximately 12% unmarried (Figure 5).
51
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Table 1: Age group of participants
Figure 4: Data segregated by sex
Figure 5: Marital status
52
On average, the participants live in 3-5 member families. There is one joint family of 19 members in
Mannar. A notable number of households are comprised of only 1 person or of more than 6. A small
portion did not disclose family details (Table 2).
Table 2: Total number of people in a family
A significant majority of participants are either educated and/or literate. Almost 44% of participants
have completed general certificate of education, either ordinary or advanced level (G.C.E. O/L or A/L).
At the same time, some respondents could either read only, write only or neither. (Table 3) This group
with low or no literacy will require special consideration in future recommendations to ensure that all
are include in land advocacy.
Table 3: Level of education
Land plays a significant role in the lives of those who participated in this structure, either for livelihoods
or as an asset. Approximately, 13% of the participants are engaged in agriculture, while slightly A
little over 9% cultivate their own land. About 14.5% of the participants work in the government, nongovernment and private sector workers, with approximately a little over 14% engaged in small business
or are self-employed. Approximately, 19% of them are engaged in home- based work. This shows that
53
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having a piece of land that is preferably resourceful and nourishing plays a crucial role in almost 60%
of the participants including housewives whose reproductive work is an essential contribution to the
wellbeing of the family, the self-employed, home based worker, farming on own land and agricultural
labour.
Figure 6: Data segragated by occupation in percentage
54
Annexure 2
Some Information Graphics on Issues Discussed in the Report
This annexure contains info graphics on some of the issues raised in the report. These infographics are
based on the quantitative research carried out for this research project.
Media generated interest in land issues

The research team reviewed Tamil newspapers over a period of 15 months. On average at least one
story on land was featured almost every day. Land grabs, land related conflicts, authorities to be held
accountable with regard to land issues, civil society activism, public engagements, and the decisions
made in the central administration in the capital of the country are the stories that have mostly occupied
the print media. For instance, statements issued by various state and non-state actors on land issues
including the President, the military, government officials, members of the Northern Provincial Council,
the Chief Minister, the public, members of civil society organisations, and the international bodies have
occupied the majority of the stories covered in the print media. The other main category of news,
across the Northern Province, revolves around stories of grievances shared by the public as a result
of a long wait to return to their lands, having limited access to their lands, individual and community
based land disputes, encroachments, lack of documentation, and inappropriate measuring/surveying
of their lands by the government officials (sometimes Sinhala speaking officials with whom the people
who own the land are unable to have a conversation in order to explain that the land being measured
belongs to them). They have also covered stories of public protests held with regard to the release
of private lands. Occasionally, there have been stories of land issues due to lack of documentation,
complaints received by the government bodies in a given location, public clearing of land to be released
for resettlement, and very recently, visits made by the people to their lands that are under the military
occupation as present, with the hope to be resettled, and the potential release of land in Valalai area
in Jaffna district.
Land Issues Covered in Tamil Newspapers: 2014/15
Month
Thinakural
Valampuri
Udayan
Total
March, 2015
52
26
41
119
February, 2015
30
18
13
61
January, 2015
12
16
10
38
December, 2014
15
11
35
November, 2014
26
10
10
46
October, 2014
16
12
18
46
September, 2014
17
20
22
59
August, 2014
10
11
28
July, 2014
34
27
34
95
June, 2014
25
18
30
73
May, 2014
10
26
42
April, 2014
17
10
15
42
March, 2014
14
29
February, 2014
17
January, 2014
Total
274
201
260
735
Almost 30% of the news on land has appeared in the first three months of the year, which was in
the first few months of the newly elected government. Moreover, in the past 15 months, the highest
number of news articles on land issues have appeared as recently as March 2015.
55
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Perceptions about the contribution of land disputes to

inter-community peace
A total of 1,148 out of 1,307 participants (88%) think that land disputes are a major threat to communities,
signifying the need to understand and address them. These are described in detail below:
Figure 1: I think land disputes are a major threat to our communities
Gender dimension of land issues.

Nearly 60% of the participants agreed that women suffer the most due to land disputes as shown in
figure 2 below:
Figure 2: I think women suffer the most in land disputes
56
Perceptions about the contribution of land disputes to

intra-community peace
Those surveyed in this study were asked about the role of land in on-going conflict in
their own communities and more than 85% of the participants asserted that land is an
on-going factor in conflict.
Figure 3: Land seems to generate conflicts in our communities
Need for legal reform

Figure 4 depicts that many participants agreed that new legislation is required to resolve land disputes
in the country.
Figure 4: New and contextualised legislations are needed to resolve land disputes in
the Northern Province
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Post-war reconciliation and land Issues

Figure 5 shows that almost two-thirds of those surveyed think that land related issues and post-war
reconciliation are closely related.
Figure 5: I do not think there is a relationship between land related issues
and post-war reconciliation
Solutions
Figure 6 shows that most people believe that there is a way for land issues to be resolved if the
Government assumes a leadership role. More than 80% of the participants think that the government
must get involved directly to resolve land disputes.
Figure 6: Land disputes cannot be resolved
58
59

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Understanding Post-War Land Issues in Northern Sri Lanka

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Understanding Post-War Land Issues

The Maatram Foundation

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A Publication of The Maatram Foundation

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The Maatram Foundation, 2015

The Maatram Foundation

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+94 24 222 3432

Understanding Post-War Land Issues in Northern Sri Lanka

epyKk ; ehq ;fSk ;

Understanding Post-War Land Issues in Northern Sri Lanka

Military occupation of land in the North

Why militarise the North(-East)?

The extent of military occupation of land

Key features of the militarization project in the post-2009 context.

An update on the state of the illegal high security zone in Valikamam,

Issues Relating to Land Documentation

Compensation for partial- damage to immovable property

Disputes relating to identification of land boundaries in areas that were formerly

Problems relating to documentation over state lands A case study of

Gender and Caste as a Cross Cutting Issue Affecting Land

epyKk ; ehq ;fSk ;

Ethnicity and Religion as Cross Cutting Issues Affecting Land

Ethnicity as a cross cutting issue affecting land

Concluding Observations and Recommendations

Understanding Post-War Land Issues in Northern Sri Lanka

Government of Sri Lanka

Land Development Ordinance

Liberation Tigers of Tamil Eelam

Focus Group Discussion

Internally Displaced People/Persons

Rural Development Society

Womens Rural Development Society

Womens Development Officer

Sri Lankan Army

High Security Zone

Sri Lanka Cement Cooperation

North East Housing Reconstruction Programme

United Nations High Commissioner for Refugees

Rehabilitation of Persons, Properties and Industries Authority

Resettlement and Rehabilitation Authority of the North

Lessons Learnt and Reconciliation Commission

United Nations Operation for Project Services

Department for International Development, UK

Northern Provincial Council

Security Forces Headquarters

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Understanding Post-War Land Issues in Northern Sri Lanka

The scope of the report only covers Northern Sri Lanka.

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Understanding Post-War Land Issues in Northern Sri Lanka

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Understanding Post-War Land Issues in Northern Sri Lanka

Military Occupation of Land in the North

1.1 Why militarise the North(-East)?

See further, Sunday Observer, National Security Our Priority http://www.sundayobserver.lk/2015/02/15/pol05.asp

See further: http://www.defence.lk/new.asp?fname=20100902_03

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See further: www.cimicjaffna.com

See further: http://www.army.lk/sfkilinochchi/

Understanding Post-War Land Issues in Northern Sri Lanka