By Shenali D. Waduge
The citizens entrust the land, its resources, and the people’s sovereignty to those they elect to govern the country. They do not expect these custodians to barter the land and its resources according to the land policy dictated by foreign agents.
Land sovereignty has been alienated to be handled by foreign advisors for the past 70 years. Sri Lanka’s land policy and registration functions according to the research papers of foreign experts, which are published on the internet. Successive governments have failed to depend on local research, and have systematically terminated research programmes in the Colombo University’s Law Faculty and the Sri Lanka Law College. Today, we have to conclude that not only politicians, but even the other pillars entrusted to protect Sri Lanka’s land resources, have completely failed; land is being delivered into the hands of fraudsters, and in the near future to be delivered into the hands of large companies – the agenda in short.
Foreign funds are given or solicited with the mutual agreement that giver and taker are free to disburse land and enjoy the fruits of the harvest, little concerned about the threat to the island’s territory and the right to land of future generations. These agreements and statutes have completely failed, according to the reports of the commissions appointed by the Government.
Our land registration and land policy changes are akin to keeping up with the Joneses, without any benefit to landowners.
A land registration process of no economic benefit to the country or people
Nations have only one register. The reason is that a country having a single register can provide an electronically operated “one-stop-shop” system. There is no requirement for several registers, where entrepreneurs, land buyers and banks have to search for “who owns what”. Unless confusion is part of the agenda.
Sri Lanka has several registers with different names – land bank, Title register, Land Information system (LIS or the e-register), and the old register – and altogether four land registries are currently being established.
Parliament passes four land registers for our country?
Sri Lanka has deviated from the well-established international registration laws and land policy requirement of the Doing Business Index. Our legislators should look at land registries of countries to know the repercussions of not having a compulsory comprehensive single register where all landowners are registered and protected from land theft – unless some seek to benefit from the confusion that arises.
How can we buy and mortgage land searching through four registers? How can a bank rely on four registers to find owners? We are presently investing a substantial amount of dollars to establish four registers.
Register 1 under Ordinance 23 of 1927 amended in October 2022, without the vital amendments, aims:
- to make the register a one-stop-shop, i.e., making the register mandatory, where all owners will be recorded (all government and private owners)
- to empower the Registrar to reject forged deeds. It is unbelievable that the legislature in October 2022 agreed to maintain a land register where land buyers and banks cannot rely on the register to confirm ownership. It remains a priority register, not an ownership register.
- The $ 67 million MCC land project only covers 10 land registries in seven targeted districts (67% land area), a deed registry that is linked to the e-land registry, and a digital parcel fabric map for investor transactions (the Government has to bear the cost of the other land registries and districts)
- The MCC land project covers both private (Bim Saviya) and State land and is promoting freehold title deeds of State land (which is why MPs are promoting giving leased State land as freehold deed ownership, which is Constitutionally prohibited) – this was attempted by the Land Special Provisions Act to privatise all State land before signing the MCC (MCC funding was to be released only after the said Act was passed)
- The MCC requires land registries (45 land registries) to be electronic, and for the original deeds to be destroyed. Without manual records, if a cybercrime occurs, how can owners be ascertained? What will happen to the land sovereignty of Sri Lanka?