2007年-世界发展银行全球_Sri_Lanka___Land_and_Conflict_in_the_North_and_East_58页_473kb

Summary of "Land and Conflict in the North and East Policy Note" in Sri Lanka

Core Content

This policy note examines the intricate relationship between land issues and ethnic conflict in the North and East of Sri Lanka, highlighting how land has historically been a key driver of political tensions and how the conflict has, in turn, significantly affected land use and rights in these regions.

The report emphasizes that land-related conflicts in the North and East are not only a result of ethnic tensions but are also influenced by structural factors such as resource scarcity, economic constraints, and weak governance. It outlines three levels of land issues:

• Level 1: Disputes within ethnic communities, such as unlawful secondary occupancy, disputed titles, boundary conflicts, and temple land rights.
• Level 2: Disputes between ethnic communities, including inter-ethnic competition over water, land, and fishing rights.
• Level 3: Highly politicized disputes involving territorial control, military zones, and devolution of powers.

The post-ceasefire and post-tsunami context has introduced new challenges, including the return of displaced persons, land occupation by secondary users, and the impact of the tsunami on property documentation and land values.

Key Findings and Main Points

• Land as a Political Trigger: Land has historically been a key factor in the outbreak and continuation of ethnic conflict in Sri Lanka, particularly in the North and East.
• Impact of Conflict on Land Use: The conflict led to a significant decline in agricultural land use, with a 25% reduction from 1982 to 2002 in the North and East, while the North Central Province saw a 30% increase.
• Ceasefire and New Disputes: The 2002 ceasefire agreement created opportunities for reconstruction but also led to new land disputes due to population return and inter-ethnic tensions.
• Tsunami Effects: The 2004 tsunami displaced over 400,000 people and caused the destruction of land markers and title documents, further complicating land rights and access.
• Land Tenure and Access Issues: Land tenure security remains uncertain, and access is restricted due to insecurity, land mines, and biased allocation policies. Vulnerable groups, such as female-headed households and returnees, are particularly affected.
• Policy Recommendations: The report suggests the need for an effective land administration system, inclusive and transparent governance, and the use of local and inter-communal mechanisms for resolving land disputes. It also highlights the importance of addressing land-related issues before a full political settlement is reached.

Policy Trajectories

The report identifies six major trajectories that define the opportunities and constraints for governing land issues in the North and East:

1. Historical Context: Understanding current disputes in the context of past land policies and ethnic perceptions is crucial.
2. Conflict Intensification: The conflict has worsened land pressures and ethnic grievances.
3. Structural Causes: Many land disputes are rooted in structural issues such as land scarcity and economic constraints, not just ethnic conflict.
4. Governance and Bias: Past policies and conflict have influenced governance structures, often leading to ethnic favoritism.
5. Tenure Security: Recognition and recording of land rights are essential for securing tenure and resolving disputes.
6. Tsunami Policy Uncertainty: The government's buffer zone policy has introduced uncertainty in land tenure security, especially for those affected by the tsunami.

Policy Criteria and Governance

The report outlines key policy criteria for a conflict-sensitive approach in the post-conflict and post-tsunami context:

• Land Tenure Security: Establishing an effective land administration system and public guarantees of tenure security.
• Land Access: Ensuring equitable access for vulnerable groups, particularly returnees and displaced persons, with ethnic balance as a key criterion.
• Dispute Resolution: Emphasizing subsidiarity and fast-track mechanisms for resolving minor disputes at the local level.
• Good Governance: Promoting inclusive, transparent, accountable, and participatory land governance practices to restore credibility in land administration.

Conclusion

The report underscores that land issues in the North and East are deeply intertwined with ethnic conflict, but some can be addressed independently to support development and peace-building efforts. It calls for a nuanced and context-sensitive approach to land governance, taking into account both the structural and political dimensions of the conflict. The findings are intended to inform policy dialogue and contribute to a broader understanding of how to manage land-related challenges in the context of post-conflict recovery and ethnic reconciliation.