Recommendations from the Consensus Building Program of PSM
Land & Property
1. Restoration of land with compensation
Government should settle land disputes arising out of abandonment and forcible eviction. Affected people also must be adequately compensated. However this will pose serious difficulties. Long lapse of time, identification of land, the non-availability of documents of title, boundary issues and actual owners not available are some of them.
2. Demarcation of land coming within Muslim majority areas
The Government should take immediate action to rectify this anomalous situation. Boundaries of certain administrative areas in the Eastern Province are left open. This has led to conflicts with adjoining areas and also development programmes held up due to uncertainties of land ownership.
3. Immediate suspension of reservations under various Statutes
Government must suspend all moves to declare land as part of reservations and other categories of exclusive zones pending an in-depth study of land requirement of people and existing land use patterns. An opportunity also should be given to the people who will be affected by such moves. There are instances of discriminatory use of statutory provisions against people.
4. Appointment of a Land Commission
Government should consider appointment of a fully fledged Land Commission to inquire in to and report with recommendations to deal with all aspects of land issues in the NE Provinces. The Commission should also have powers to formulate a national policy relating to land use and land development and also to look at future land requirement of people in the Eastern Province.
5. Mediation
Issues related to land are complicated. Even an attempt at resolution involves many parties including Government agencies. Wide-spread nature of the issue also poses challenges.
As a first step land mediation is proposed with a view to attempt a collective approach to understand and facilitate confidence building among all stakeholders and then to initiate mediatory efforts to settle identified land disputes.
6. Protection of land
Action should be initiated to grant protection to lands and protect legal rights of owners. As mentioned earlier large extent of land belonging to Muslims are left abandoned or forcibly occupied by others. Such lands are open to misuse and even liable for transfer on forged documents. Following measures are suggested—
- Complete audit and inventories of abandoned or forcibly occupied land on a divisional basis
- Some form of physical protection by Government to such land
- Introduction laws to similar to REPPIA Act
- Amendment of Prescription Ordinance to exempt such land from the purview of the law.
7. Introduction of laws to combat transfer of land under questionable circumstances
New legislation should be introduced to make land alienation made under duress illegal and null and void upon proof. Instances of alienation of land under duress are on the increase in the NE Provinces. Especially Muslims are forced to sell land and property at far below the market value. Existing legal provisions are not adequate to arrest this trend.
8. Law reform
Government should introduce comprehensive law reform. Important legislation pertaining to land was enacted much before the conflict had arisen. Conflict has also brought about different dimensions with regard to land. In such circumstances law relating to all aspects of state and private land must be revived bearing in mind the complexities involved.
Safety & Security
1. Increase intake of Muslims to the armed forces and to Police
Steps should be taken to carry out a study with a view to increase the number of Muslims in the Police and armed forces. Number of Muslims in the armed forces and police are negligible when compared to the percentage of population. Several reasons are attributed for their reluctance to join. One reason is that the general working environment in such forces is not liked by them due to religious and cultural reasons. Creating the right working conditions in the Police and the armed forces is one way to encourage Muslims to join the forces and the police.
Recruitment to armed forces and Police is a contentious matter. The conflict has necessitated more recruitments and also lowering of basic requirements to encourage people. This has led to the drop of standards and competencies. Notwithstanding such exigencies recruitments shall be carried out based on merit as far as practicable. The other important criteria are to base new requirement according to population, geographical area and language spoken by people where they are deployed.
2. Strengthening of law enforcement mechanisms and provision of resources and capacity building
Strengthen the existing system of law enforcement through proper administration, management and provision of resources.
There are number of other measures required to make the law enforcement agencies more efficient and responsive to current demands. Training opportunities, capacity building, provision of technology, equipments and communication systems etc. are vital.
3. Involvement of civilians in law and order sphere
Increase participation of public in the maintenance of law and order. Maintenance of law and order is not the sole responsibility of armed forces or the police. Members of the public play an equal part in this. Therefore involvement of them in some form would greatly facilitate maintenance of law and order.
One way of public involvement is through Peace or Citizens Committees at grass-roots level to assist the law enforcement authorities. Serious consideration should also be given to the introduction of community policing along the lines of Canadian and Northern Ireland models.
4. Expedite Law reform
Laws governing the maintenance of law and order and civilian protection were enacted during the time of British. At the time there was peace and good order in the country. However today the dramatic changes have taken place and currents laws are wholly inadequate. Armed forces and Police today play a dynamic role in the society protecting lives and property. Their interaction and proximity to people too have become very close oftentimes leading to disputes.
The pace of law reform has not been rapid enough to keep up with new developments and changes that are unfolding in conflict environment.
5. Consider conferment of authority to Muslim officers
Even the limited number of Muslims in the services is not treated fairly when it comes to promotions and postings. Discrimination and victimization take place at all levels. In many instances competent and qualified personnel are confined to administrative duties preventing them from working in the operational areas.
In order to remedy this comprehensive set of guidelines should be formulated.
6. Enforcement of strict discipline
Immediate action should be taken to enforce accountability and discipline in the Police service. One important step is to minimize political intervention. Flexibility in administration and delegation of power to Provinces or Districts would facilitate better co-ordination in monitoring and enforcing discipline. Lack of discipline and accountability are among other factors affecting the credibility of sections of the police. Immunity enjoyed by them is backed by political support. This has led to the severe erosion of trust and confidence in them.
New laws and regulations backed by attitudinal changes will restore confidence and trust of people and ensuring the independence of the Police Commission and the setting up of Provincial Police Commissions.
7. Disarming individuals and organizations holding illegal weapons and explosives
Immediate action should be taken to disarm all armed groups and individuals. Eastern Province has become a bazaar for illegal weapons. All kinds of individuals hold weapons and use explosive devices to further their own interests. Re-possession of illegal arms and other explosive materials are essential to safety of people and to maintain law and order.
Human Rights
1. Special institutional arrangements
Special human rights monitoring mechanism for the NE Provinces should be set up with powers to intervene if necessary. Such mechanism or the institution should also be empowered with powers to take protective measures. Such entity should be independent of government interference and control.
2. Provision of Legal aid
Government should set up a special legal aid unit to cater to people affected due to the conflict. This unit should conduct awareness campaigns on human rights.
3. Introduction of human rights as a tool of conflict management
Government and the civil society to jointly work on a programme to introduce human rights as a tool of conflict management. In Sri Lanka emphasis on human rights is primarily on post rights violation perspective and remedies for the aggrieved and also to punish offender. In addition human rights as a principle could also be used as a tool for democracy, plurality and other good governance principles.
4. Media
Lobby media to report all human rights violations promptly and with accuracy.