COHRE-NEWS N ews l e t t er o f t he C en t re on H o u sin g R i g h t s a n d E v ic t ions - S ri L a n k a
Issue No.11 – July/September 2009
CAMBODIA: Yet another community forced out of their homes Phnom Penh, the capital of Cambodia, is a city experiencing a building boom that rapidly changes the face of the city and increases the value of land. Urban poor communities that live on prime land increasingly feel the pressure of these developments, as they are forced out of their homes to make way for real estate development. On 17 July 2009, yet another community had to stand by as their homes were torn down by bulldozers. At 4 am, dozens of armed police took up positions around the Group 78 land in order to enforce a municipal order that families dismantle their homes or be forcibly removed.
land, which was independently valued at over $1,000 per square metre. The Group 78 community had been living on their land in inner city Phnom Penh since 1983, had established small businesses and used the land as collateral to access credit. Despite the fact that the community had been officially recognised by local authorities and the Cadastral Office in 1992, and could document their continued residence on the land over the years, families were denied title to their land. This unlawful denial of their rights was later used by the Municipality of Phnom Penh as a pretence to justify their forced eviction. The community,
A house in the Group 78 community before the forced eviction, with a banner saying “Stop Evictions”
On the day before the forced eviction, 53 families had “agreed” under duress to the authorities’ demands that they take an offer of $8,000 compensation, or their homes would be forcibly destroyed. On the morning of the eviction, negotiations with the remaining 7 families who had not “agreed” led to a final officer to them of up to $20,000 in compensation, which they all accepted, except for one family whose home was destroyed against their will and who never received any compensation. Compensation amounts fell far short of the market value of the
which numbered almost 150 families five years ago, was subjected to threats, harassment and intimidation over the years, to pressure them to leave their land. To date, it is unclear whether the land is claimed by a private developer or for public use as a road. Forced eviction, or the removal of people from their homes and lands against their will, and without access to remedies, is recognised as a gross violation of international human rights law. Those affected by forced eviction often belong
E D I T O R I AL In this eleventh edition of the COHRE-Newsletter the front page highlights the brutal forced eviction of the Group 78 community in Phnom Penh, Cambodia on, Friday, 17 July 2009 by Hannah Neumeyer – Researcher- Global Forced Evictions Programme – COHRE. Next there is an article by Mr. Herman Kumara Convener, National Fisheries Solidarity Movement on challenges face by Kappaladiya fishermen regarding their traditional fishing lands. This article is followed by an article on the National Housing Development Authority’s response for the Housing needs in Sri Lanka. This article followed by a brief summary on publications on “The Status of Housing, Land and Property Rights in Sri Lanka – 2008”, which COHRE Sri Lanka launched. Finally there is a write up on COHRE-Sri Lanka comprehensive Resource Centre on housing, land and property rights. We hope you find this News-Letter useful in understanding the rights and problems faced in Sri Lanka and internationally on the right to housing. We welcome any comments, submission of any new case notes and articles and relevant events on the right to housing. If you have any comments, require additional copies, or wish to subscribe to the mailing list for the Quarterly Newsletter on HLP-rights in Sri Lanka or For further information, please contact COHRE office, located at 106 1/1 Horton Place, Colombo 7. Sri Lanka. Telephone/Fax +94.11.2693143 or e-mail at srilanka@cohre.org.
to the poor and marginalised sections of society, and forced evictions usually lead to even deeper poverty. In Cambodia, forced evictions are one of the most widespread forms of human rights abuse, affecting an estimated 70,000 people in the capital alone, and potentially up to one hundred thousand more in other urban centres and in rural Cambodia. Like Group 78, many others threatened with forced eviction have the legal right under national law to apply for ownership titles over their land, but are unable to access these rights due to an inefficient and often corrupt land administration system. The forced eviction of Group 78 highlights once more how vulnerable communities are pushed to the margins of society in the name of development. COHRE and its partner organisations in Cambodia continue to work with these communities to defend their right to adequate housing. For further information on the case of Group 78, go to http://www.cohre.org/group78
Housing Rights for Everyone, Everywhere...
Challenges face by Kappaladiya fishermen regarding their traditional fishing lands The Kappaladiya community had serious problems in relating to their livelihoods as they faced a serious threat from displacement from their own anchorage point due to the claims to their anchorage point by a beach seine owner. This was a violation of their customary rights, which disturbed the day-to-day life of the people as well as their development and this was a serious threat to the peace and harmony of the community. The beach seine operator wanted to send the fishermen out of the beach seine operating area with the blessings of the politicians and powerful authorities of the district. As the businessman had the “documents” to prove his ownership, the access to the beach was blocked and fishermen were directed to another area for their operations. This resulted in the fishermen losing their sea beach which has been owned and controlled by the community for decades. The situation became serious after 15 innocent fishermen from the fishing community became accused in a court case in Puttlam District Court. However, due to the interventions of Puttlam District Fisheries Solidarity and the National Fisheries Solidarity Movement’s guidance, the fishermen received legal assistance from COHRE. After the victory in the court case in the District Court by way of the plaintiff (the businessman at Kappaladiya) withdrawal the case, we all were with the victorious mentality for the time being. However, suspicion was raised as the Kalpitiya Divisional Secretary stated at a meeting organized by the Kappaladiya community that, “ I did prepare the documents to demarcate the anchorage point and the beach seine area to have harmonious way of operations for both the groups, according to the request of the Supreme Court” We had serious concerns of this victory after hearing this message from the Divisional Secretary and discussed about the demarcations of the area. Now, the situation became serious as the fishermen were given a 100 meter long and 45 meter width of beach for their fishing operations. Serious problems would de occurred
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when the monsoon season comes and the sea erosion starts. A leader from the community briefed their situation as follows; “We do not have any clear picture of our future, our fishing and our livelihoods. There is a change of ownership of the land. We learnt that an Italian person bought the land through a Sri Lankan citizen. According to the information we received, we learnt that they want to build up a hotel here.” So, the situation is clear. The former beach seine operator has sold the land to another and the new owner wants to build a hotel in the land. For this purpose, the land was demarcated and cleared. This has happened with the involvement of the Divisional Secretary in the area. The demarcated area is 100s meter long and 45 meters wide for the fishing activities. “Now the fishers will have 45 meters wide beach area when the sea erosion taking place during the monsoon season, what would future be like? The beach will be eroded and we loose few meters of beach each year due to sea erosion. When the land owner demarcates his land and covers the land with barbed wires, how do we find 45 meters wide area in the anchorage point? We will have only few meters of land to do our fishing operations.” Laxman Fernando, the chair person of the Fisheries Cooperative Society explained the situation of the fishermen.
the other side it is a German company. We do not know how they are prepared to protect our customary rights, Laxman added. The situation has changed drastically when the Italian bought the land from the previous owner. Now one of the issues is that, the new owner still wants to operate the beach as beach seine operating area. According to the information we got, which has revealed that there will be a tourist hotel built on the land by the Italian. We can not predict anything at the moment. But, past experiences due to tourism In the other areas of the country is not so people friendly. Specifically, we can not expect the fishermen to gain higher benefits from the tourism industry in the country. Rather we experience conflicts between the communities and the business. Loyel Peiris, the coordinator of the Puttlam District Fisheries Solidarity said, “We are concerned about this situation. We do not want to loose our customary rights. All fishermen should unite and demand our rights and win them. We as an organization work for the safe and decent life of the fishermen. No one has the right to displace any fishermen families from their livelihoods/lands. We are working as a united force to face this situation.” Now, the victory of the Kappaladiya fishing community is in danger. We do
Samantha Fernando, another fisherman from the area says, “How do they demarcate 45 meters when the land owner covered the beach side with barbed wires. The 45 meters should be from the high tide of the sea. But they have already blocked the beach side with barbed wires.”
not know what the next steps of the
This gives some signal of the loss of the anchorage point after some time due to sea erosion. Also, the access from the main road to the anchorage point is a 13’ wide road. This is also a serious situation. The land owners from both sides are tourist hoteliers or out side people. On one side it is an Italian and
Politicians? or People them selves who
business community will be? However, it is clear that power and profits go hand in hand while the People are put a side and displaced on the long run. Who cares the Law? the Constitution? are the victims of the system? For more details: Herman Kumara, hermankumara@gmail.com, fishmove@slt.lk
National Housing Development Authority’s response for the Housing needs in Sri Lanka. Housing facilities for 22,000 families this year Source: http://www.nhda.lk/Housing_%20facilites.htm The National Housing Development Authority (NHDA) was established under the Parliament Act No. 17, 1979 in April, which is the main implementing body of the National Hosing Development Programme, completes its 30th anniversary this year.
Action has been taken to implement this programme in rural areas where the majority of the people are living as well as in the urban areas mostly affected by housing problems and also for estate workers in plantation areas.
planned to implement this programme at a cost of Rs. 250 million. Under the Jana Sevana programme it has been targeted to provide housing facilities to 1,000 families who live in shanties and temporary structures, at a cost of Rs. 50 million. It has been proposed to construct a housing flat 770 housing units, for Government servants at Homagama with financial assistance of the Chinese Government. Further measures have been taken to construct another new housing project with the assistance of the Iranian Government.
To mark the 30th anniversary, measures have been taken to launch a national housing programme to provide housing facilities to 22,000 families this year. The total cost for this programme will be Rs. 1,500 million.
With the programme it has been targeted to provide housing facilities to 6,000 families at a cost of Rs.400 million. 3,000 families will benefit with the proposed housing programme to be implemented in 2009, it has been
The NHDA has given priority to transfer the ownership of houses so far constructed islandwide to recipients of the houses. Under this programme, titles deeds will be provided to 7,000 householders. In addition to this the NHDA has planned to provide plots of land to 1,500 families to construct their own houses.
NEW 470 FISHERIES HOUSING UNITS WERE COMPLETED WITHIN A YEAR COST OF RS. 230 MILLION Source: http://www.nhda.lk/FISHERIES.htm National Housing Development Authority (NHDA) to provide housing facilities to fisher families displaced due to Tsunami in Trincomalee, Batticaloa and Kalutara Districts as well as Kalmunai DS division of Ampara District has fully completed This programme is being implemented by the NHDA with the financial assistance of International Funds for Development of Agriculture (IFAD) and with the guidance of the Ministry of Fisheries and Aquatic Resources. COHRE appreciates the NHDA’s effective response to the Housing needs in Sri Lanka. However, it is noted by COHRE that there is still much that needs to be done
by the Government and other actors to protect and promote the housing rights of IDPs. There is also a large number of IDPs who continue to live in camps or in host communities due to the inadequacy and/or non-implementation of restitution policies. COHRE recognises the importance of advocating for the adoption of the United
Nations Principles on Housing and Property Restitution (the Pinheiro Principles) as the standard by which programmes of housing and property restitution in Sri Lanka has to be implemented. The Pinheiro Principles set out a universally applicable standard by which housing and property restitution may be implemented. They provide an objective standard by which a process of restitution may be evaluated. These principles recognise and facilitate the realisation of two interrelated rights, namely the right to return and the right to restitution. All refugees and internally displaced persons have the right to return to their countries as well as to their original homes and lands. The process of return can only be realised however, where there is adequate recognition of their right to housing and property restitution.
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A new publication from COHRE Sri Lanka COHRE Sri Lanka is pleased to announce the publication of The Status of Housing, Land and Property Rights in Sri Lanka 2008. COHRE – Sri Lanka started publishing this annual report on tracking the housing, land and property rights situation in Sri Lanka in 2008. It was the first report of its kind, with no other publication focused on this particular topic. This report provides an overview of the key trends, events and violations pertaining to housing, land and property rights in Sri Lanka.
work with partner organizations and field research. This will continue to be an annual publication giving updates on ongoing cases and events, documenting new ones and including personal testimony from
The information in this report was collated primarily through desk research and through a combination of internet, media and published resources. It has also been informed by COHRE’s
The Centre on Housing Rights and Evictions – Sri Lanka (COHRE-Sri Lanka) houses a computerized comprehensive Resource Centre including domestic and international legal publications on housing, land and property (HLP) rights. These publications are categorized under the following headings in order to easily access them. • Human Rights Law • Circulars on HLP issues • Law in General • Evidence • Law Reports in Sri Lanka • Law Dictionaries • International Law • Law of Property
New publications are added regularly. We will provide updates periodically. The Resource Centre can be used by any interested person free of charge. The Resource Centre is open to the public Monday-Friday 10:00 am to 4:00 pm.
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The report aims to provide development practitioners, international and national NGOs, human rights defenders, lawyers, government officials, and policy makers with valuable insight into the challenges facing Sri Lanka and pertinent information to help protect the housing, land and property rights of IDPs and other marginalised and vulnerable groups. It is COHRE’s sincere hope that all those concerned with protecting housing, land and property rights in Sri Lanka will find this publication useful and will join with CORHE in helping vulnerable communities protect their housing rights. Please order your free copies from srilanka@cohre.org
R eso u rce C en t re
• Women’s Children’s HLP issues • Return and Restitution • Right to Water • Sri Lankan Legal System • Special Laws in Sri Lanka • COHRE publications • Administrative Law • Civil Law • Conveyancing
those who have suffered housing rights violations.
COHRE Sri Lanka office is located at 106 1/1 Horton Place, Colombo 7 Telephone/Fax : +94-11-2693143 E-mail – srilanka@cohre.org