15 years after the end of the Civil War, Sri Lanka continues to experience deep ethnic divisions and has failed to address the root causes of the conflict that halt moving to a post-conflict society. Unfortunately, the decades-long problem of land has continued in the post-war setting, and new mechanisms of State intervention are creating divisions that deter the reconciliation processes. Land has been used to create an asymmetry of power in the Northern and Eastern regions for over three decades, and there is a growing trend of intrusive methods being employed in these regions, triggering fear amongst local communities. Therefore, the report’s objective is to shed light on the multifaceted role of the State and non-state authorities in issues around land ownership, use, and access, and explore how local communities respond to this oppression. It highlights how the State co-opts legislature, Government agencies, the military, and private corporations, creating long-term consequences for communities and for the nation to achieve a successful post-conflict society. CPA recognises a series of key interrelated trends between the multitude of rights infringements, i.e. ethnonationalism, continued Government authority intervention, military expansion, and the profit-making objectives of private entities.
The report elaborates on how the ethno-majoritarian bent has violated basic rights that must be protected. Hostilities are further intensified by non-state actors, particularly by the growing involvement of Buddhist clergy. As noted in the present report, the clergy has entered lands belonging to minority religious communities, and have uprooted, renamed, and re-claimed land as ‘sacred areas’ or ‘Buddhist sites’, despite counterfactual evidence as was seen in Manikkamadu located in the Ampara District, the Chulipuram Paralai Murugan Temple located in Jaffna District, and the Kurunthumalai Aathi Shivan Iyanar Temple located in the Mullaitivu District which is elaborated on later in the report. The use of ‘national heritage’ to solely capture the majority views, demonstrates an ethnopolitical slant of such terminology that contains wide implications for how the nation perceives identity. The increasing involvement of the Buddhist clergy in land conflicts often suggests a level of collusion with State actors, who assist clergy in appropriating lands and providing physical protection through military and police personnel. The report argues that the State’s agenda to increase ethnonationalist sentiment is being supported by the Buddhist clergy in the North and East that have far more political leverage to appropriate land, compared to the minority religious communities. Additionally, the report highlights observations of increased ethnonationalist sentiment, specifically of increased Sinhala-Buddhisisation and Hindutva nationalist rhetoric. Thus, the consolidation of ethnonationalist sentiments is often done by instilling power in non-state actors whose agenda complements that of the State.
The report further notes the use and abuse of legislation, especially within the context of impending national elections and against the backdrop of land appropriation that has altered the ethnic and religious composition in areas historically dominated by minorities. There is evidence in the report of State intervention by agents such as the Department of Archaeology, Mahaweli Authority of Sri Lanka, and the Department of Forest Conservation, among others. These agencies often enter lands that have belonged to and been used by communities for centuries, frequently without notice, to prevent access to the land. Such action sparks fear and threats of violence in areas that have experienced decades of violence. Often, departments utilise the legal framework to extend their control over land, as is evident in cases such as Mullikulam village bordering South of Mannar and the Nilavarai Well in the Navagiri Village, which will be discussed further in the report. The arbitrary and unpredictable nature of State agents’ intervention sparks fear within and among communities as to their ability to live on their lands and continue with their livelihood. Tensions between local communities and State authorities are consequently on the rise.
Even though State interventionist measures have evolved significantly over time, with both historical and contemporary tactics contributing to ongoing conflicts; earlier tactics of expanding military occupation continue to be employed in order to obstruct locals’ access to their lands. CPA’s engagement with cases such as Sampur in the East of Sri Lanka illustrates the dimensions by which the military has attempted to obstruct locals from entering and using their lands for decades. The cases highlighted in the report display the impact of expanding military occupation which often leads to dispossession and displacement, and an inability to restart livelihood, including economic activity. Frequently, the effects of lacking access to land are immense, leading to increasing levels of poverty and alienation, drastically lowering the quality of life. The continued occupation of the military and State agents draws into question whether lands will be returned and validates the growing doubt amongst communities regarding State intentions behind such initiatives. Further, in the context of past colonisation schemes that have contributed to conflict, apprehension remains with new schemes such as the ‘Urumaya Programme’. The full effects of these newer programmes are complex and yet to be seen but require continuous scrutiny.
Additionally, recent collaborations between the State and private corporations, in projects such as sand mining in the North and East, exemplify the severe environmental and economic impacts residents face when development projects are conducted with poor oversight and limited regulatory provisions. The case of Adani Green Energy’s Wind Power Project, discussed later in the report, is one such example. In the backdrop of an economic and governance crisis, land issues capture the willingness to sacrifice the livelihoods of minority communities in the pursuit of foreign direct investment in the country. Furthermore, how State structures enable corporations to undermine land rights, degrade the environment, and extract resources disproportionately with significant implications for local communities will be highlighted.
These various trends are examined through cases illustrated in the report. Overall, the report lays out how land is a trigger for conflict and highlights the urgent attention required from all stakeholders to curb the increased tensions that are developing in the North and East.
