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Illegality of Urumaya programme

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President distributing land deeds in Galle recently

by Neville Ladduwahetty

The Urumaya Programme, aimed at resolving land ownership issues for over two million Sri Lankans, was officially launched on 5 February in Dambulla by Minister Harin Fernando. During the press briefing the Minister is reported to have stated: “The programme’s aim is to provide permanent land ownership solutions. Over 10,000 land licensees currently holding Ran Bhoomi, Jaya Bhoomi, and Swarna Bhoomi licences will be among the first beneficiaries of this programme. These licenses will be converted into freehold deeds, granting them full ownership of their land. This move is expected to significantly improve the lives and livelihoods of millions currently struggling with land ownership uncertainties” (news.lk).

Continuing he stated: “Our journey is far from over. Many of our citizens have lost homes, land, and their sense of security. To address this suffering, we have launched a special programme – “Urumaya” Through this initiative, we aim to bring about positive change for over two million people in Sri Lanka.    This involves granting freehold land deeds to those who currently hold licenses like Ran Bhoomi, Jaya Bhoomi, and Swarna Bhoomi.     By empowering our people with ownership, we hope to spark a new era of stability and prosperity” (Ibid).

BACKGROUND to the URUMAYA PROGRAMME

“Delivering the 2024 Budget proposals, President Wickremesinghe unveiled the ‘Urumaya’ programme, wherein he noted that the land slots distributed among farmers under the licences of the Land Development Ordinance in 1935 would be handed back to farmers” (The Morning, February 18, 2024).

“Although around 100 years have passed, the ownership of these farmlands has not been handed back to the farmers who own them. We are handing over the lands to farmers who lost the ownership of their traditional lands during the British colonial era. We expect to commence this task in 2024 and complete it within another few years. Two million families will get the ownership of land and farmland. I allocate Rs. 2 billion for this purpose,” (Ibid).

VIOLATION of the CONSTITUTION

The granting of freehold land deeds to over two million people in Sri Lanka raises several constitutional issues. The most fundamental issue is whether the government has the authority to grant freehold titles to lands and its resources to some, while such authority belongs to the Republic of Sri Lanka and ALL its Peoples as an integral component of their sovereignty.

For instance, the Preamble to the Constitution, which some consider to be of little significance, while others consider it to be the very embodiment of the core values of the Constitution states: “The PEOPLE OF SRI LANKA having, by their Mandate freely expressed and granted …. entrusted and empowered their Representatives …to draft, adopt and operate a new Republican Constitution…whilst ratifying the immutable republican principles of REPRESENTATIVE DEMOCRACY, and assuring to all peoples FREEDOM, EQUALITY, JUSTICE, FUNDAMENTAL HUMAN RIGHTS…”.

Arising from these core principles, Article 3 states: “In the Republic of Sri Lanka sovereignty is in the People and is inalienable ….”  The fact that Sri Lanka is a Republic is what makes its assets part of the sovereignty of all the People.    Furthermore, since it is the PEOPLE of Sri Lanka that have “entrusted and empowered their Representatives to carry out functions on their behalf, such Representatives do not have the right to grant part of the People’s sovereign rights and/or its resources that are inalienable, to a select few. However, it is imperative that a strategy is developed to address the issue at hand without violating provisions of the Constitution.

OPINION of the SUPREME COURT
SUPREME COURT JUDGMENTS RELATING to LAND
S.C. 884/99 BULANKULAMA AND OTHERS v. SECRETARY, MINISTRY OFINDUSTRIAL DEVELOPMENT AND OTHERS (EPPAWALA CASE AMERASINGHE. J.

Jurisdiction

“The Constitution declares that sovereignty is in the People and is inalienable. (Article 3).   Being a representative democracy, the powers of the People are exercised through persons who are for the time being entrusted with certain functions. The Constitution states that the legislative power of the People shall be exercised by Parliament, the executive power of the People shall be exercised by the President of Sri Lanka, and the judicial power of the People shall be exercised, inter alia, through the Courts created and established by the Constitution (Article 4)”.

“The organs of State are guardians to whom the people have committed the care and preservation of the resources of the people. This accords not only with the scheme of government set out in the Constitution but also with the high and enlightened conceptions of the duties of our rulers, in the efficient management of resources in the process of development, which the Mahavamsa, 68.8-13, set forth”.

Other Lordships of the Supreme Court have also commented on the fact that certain Constitutional procedures need to be followed when granting or disposing of State Lands or other resources that belong to the People in the Republic.    It is the unilateral action taken under the Urumaya Programme without following due process as called for in the Constitution, that makes this Program illegal.

A “Brief Guide on Land Rights in Sri Lanka” states:

“State Land is alienated: • By Permit • By Grant • By the President

“State land is all land that the State is lawfully entitled to, or land which may be disposed of by the State together with any building standing thereon, and with all rights, interests and privileges attached thereto. This also includes lands of various Corporations and Boards. State land is administered at national, provincial, district and divisional levels by the relevant government officials” (Centre for Policy Alternatives, 2014).

By Permit:

“Permits are issued to particular categories specified in the relevant laws such as low-income earners and those who are landless.   Permit holders can use the land as specified in the permit including as a residence and/or for cultivation purposes.     Permit holders are required to pay a nominal monthly rental to the State. Permits can be issued as an annual permit or also known as ‘LDO permit’ when issued under the Land Development Ordinance” (Ibid).

By Grant

“(Swarnabhoomi, Jayabhoomi, R a n a b h o o m i, Ranbima – Permit-holders can convert their permit into a grant or a deed, if they meet specific conditions” (Ibid).

By the President

“The President can grant or lease State land at a nominal price or rent it for charitable, educational, religious, scientific or any other purpose” (Ibid).

Therefore, according to the “Brief Guide” State Land cannot be converted to freehold deeds that grant them full ownership of their land under the Urumaya Program without conforming to the above guidelines.

Since State-Owned Enterprises also form part of the sovereignty of the People, the intended proposal to privatise them, also faces the same restrictions. It is reported that the Mahanayake Theras of Malwatte, Asgiriya, Ramanna and Amarapura chapters have in a letter addressed to the President appealed to him to exercise caution about the sale of national assets such as state-owned enterprises” (The Sunday Times, 18 February, 2024).

PROPOSED STRATEGY

The reason for granting freehold deeds is to enable current Permit holders to use the asset as collateral to raise a loan since existing provisions cited above are considered too restrictive.     Therefore, it is pertinent to consider what the existing restrictions are and consider what refinements could be made to existing provisions in order to mitigate the administrative impediments as much as possible while conforming to Constitutional provisions.

The strategy adopted by current Permit holders of State-Owned Assets is to form themselves into a Cooperative. Each member of the Cooperative pays a monthly stipend.  These are forwarded monthly by each Corporative to the Development Co-Op Society for use by its members to secure loans relating to Paribooga Loan (livelihood) and/or Housing Loan.  The process involved to secure a loan is quite rigorous and involves an evaluation of the capability of the member to honour required loan commitments by the Grama Niladhari and members of the Development Co-Op Society. This procedure has enabled members of the Cooperatives to secure loans in the range of Rs. 800,000/= to one million.

The granting of freehold title to current Permit holders, amounts to converting State land on which the asset is cited into Private land. This is a violation of the collective sovereignty of the People. Therefore, existing provisions granted to Permit holders should be revised in a manner where the Permit has a legitimacy equivalent to a title deed for all administrative purposes, except for the land on which the asset is cited.

Furthermore, if Permit holders are entitled to nominate a beneficiary, the interests of the original Permit holder would continue as it would be if the asset has a freehold title. If on the other hand, the original Permit holder did not have a beneficiary of choice, the asset would revert back to the State.    Such possibilities should be explored with caution instead of rushing to grant title deeds to People that may have the potential to disappoint them if they find that the deeds they received are not legal.

 CONCLUSION

The intention of the President to correct an injustice by handing back traditional lands belonging to farmers that were taken over 100 years ago during British Colonial Rule, is indeed noteworthy.  However, there is a need to be conscious of the present context. That context is that Sri Lanka is a Republic and Article 3 of the Constitution states: “In the Republic of Sri Lanka sovereignty is in the people and is inalienable”. That being the case, Sri Lanka’s lands, its assets and resources belong to the People. Furthermore, since nearly all Sri Lankans have endured injustices of one kind or another, it is Illegal to correct the injustices committed against some, at the expense of the rest. This is what the Urumaya Programme is all about.

Therefore, it is incumbent on the part of the President and others associated with the Urumaya Program to act cautiously and revisit the legality of the Urumaya Programme before it is too late. If they proceed regardless, there is a strong possibility that beneficiaries of the Urumaya Programme may have to face disappointment later if it is found to be illegal. A similar note of caution has been issued by the Mahanayake Theras of Malwatte, Asgiriya, Ramanna and Amarapura chapters regarding State-Owned Enterprises.



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Silence of the majority keeps West Asian conflict raging

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Pope Leo the XIVth / President Donald Trump

With no military quick-fix in sight to the ongoing, convoluted West Asian conflict it ought to be clear to the rationally inclined that there is no other way to a solution to the blood-letting other than through a negotiated one. Unfortunately, there are not many takers the world over for such an approach.

Consequently the war rages on incurring the gravest human costs to all relevant sides. Whereas it should be obvious to the Trump administration that Iran wouldn’t be backing down any time soon from its position of taking on the US frontally and with the required military competence in the Hormuz Strait and adjacent regions, the US demonstrates a stubbornness to persist with war strategies that are showing no quick, positive results on the ground.

Clearly, the virtual ‘lock down within a lock down’ situation in the Strait is not proving beneficial for either party. Instead, the spilling of civilian blood in particular continues with unsettling regularity along with an all-encompassing economic crisis that carries a staggering material toll for ordinary people all over the world.

From this viewpoint it is commendable for Pakistan to offer itself as a peace mediator and go ‘the extra mile’ to keep the principal parties engaged in some sort of negotiatory process. But its efforts need to win greater support from the world community. It is a time for peace-makers the world over to stand up and be counted.

It is also a time for straight-talking. To his glowing credit Pope Leo XIV is doing just that and he is the only religious head worldwide to do so. Very rightly he has called on President Trump to end the war through negotiations and described it as ‘unjust’ and ‘a scandal to humanity’.

May this crucial cause be taken up by more and more world leaders, is this columnist’s wish. Instead of speaking fatalistically about a ‘Third World War’, decision and policy makers and commentators, and these are found in plenty in Sri Lanka as well, would do better to help in drumming-up support for a peaceful solution and the latter is within the realms of the possible.

Incidentally, the commonplace definition of the phrase ‘World War’ is quite contentious and it would be premature to speak forebodingly about one right now. The fissures within the West on the Middle East conflict alone rule out the possibility of a ‘World War’ occurring any time soon.

Instead, it would be preferable for the international community, under the aegis of the UN, to take the ‘straight and narrow’ path to a peaceful solution. As implied, this path is no easy avenue; it is cluttered with obstacles that only doughty peace makers could take on and clear.

However, the path to a negotiated peace is worth taking and no less a power than the US should know this. After all, the US ‘bled white’ in Vietnam and had to bow out of the conflict, realizing the futility of pursuing a military solution. A similar lesson should have been learned by Russia which bled futilely in Afghanistan. It too is in an unwinnable situation in Ukraine.

The Pope’s observations to President Trump on negotiating peace have earned for him some snarls and growls of criticism but with time these critics would realize that peace could come only by peaceful means and not through ‘the barrel of a gun.’

For far too long the ‘silent majority’ of the world has allowed politicians to take the sole initiative on working towards peaceful solutions to conflicts and wars. As could be seen, the results have been disastrous. The majority of politicians speak the language of Realpolitik only and this tendency runs contrary to the ways of the selfless peace maker.

Power, which is the essence of Realpolitik, and peace are generally at loggerheads in the real world. Power and self-aggrandizement have to be shelved in the pursuit of durable peace anywhere and it is a pity that the likes of Donald Trump and his team are yet to realize this.

At this juncture the ‘peace constituency’ or the silent majority would need to take centre stage and play their rightful role as the ‘Conscience of the World’. If the latter begins to take on the cause of peace in earnest everywhere, the politicians would have no choice but to pay heed to their cause and take it up, since a contrary course would earn for them public displeasure and votes.

An immediate challenge would be for the ‘peace constituency’ to come together and act as one. Right now, such a coordinating role could be played effectively by only the UN and its agencies. Practical problems are likely to get in the way but these need to be managed insightfully and resourcefully by all stakeholders to peace.

In fact the time couldn’t be more appropriate for the backers of peace to come together and work as one. Right now, economic pressures are increasing worldwide and no less a public than that in the US is beginning to feel them in a major, crushing way.

Going ahead the US public, along with other polities, would find the economic consequences of war to be intolerable. There would be no choice but for governments and peoples to champion peace. Peace makers would need to ‘strike while the iron is hot.’

The success of the above endeavours hinges on the importance humans attach to their consciences. The danger about prolonged wars is that they deaden consciences; particularly those of politicians. The latter deaden their consciences to the extent that they prove impervious to the pain and suffering wars incur.

Thus, the ‘peace constituency’ has its work cut out; it cannot rest assured that politicians would prove sensitive to their demands. The latter would need to be constantly dinned into the hearts and minds of politicians and decision-makers if peaceful solutions to conflicts are to be arrived at.

Likewise, the publics of war-torn countries would need to demand the activation and sustaining of accountability processes with regard to those sections that are suspected of committing war crimes and like atrocities. Those publics that cease to demand accountability from powerful sections among them which are faced with war-time atrocity charges are as good as condemning themselves to lives of permanent dis-empowerment and enslavement.

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Don’t take the baby: In the quiet night, mother always returns

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Grey Slender Loris

Chaminda Jayasekara

There is a particular stillness in Sri Lanka’s forests, after dusk — a kind of hushed expectancy where shadows lengthen, cicadas soften their chorus, and the night begins to breathe in its own rhythm. It is a world that does not reveal itself easily. You have to wait for it. You have to listen.

And then, suddenly, you see them — a pair of luminous, unblinking eyes suspended in the dark.

The Grey Slender Loris, or unahapuluwa, emerges, not with drama, but with quiet precision. Small, slow-moving, and almost impossibly delicate, it is one of Sri Lanka’s most enigmatic nocturnal primates — a creature that has survived millennia by mastering the art of stillness.

Yet, during these months — from late March through July — the forests hold a more tender story. It is the breeding season of the slender loris, and with it comes a scene that is often misunderstood by those who encounter it for the first time: a tiny infant, alone on a branch, barely three inches long, its fragile body silhouetted against the night.

Grey Slender Loris with twin babies

To many, it appears to be a moment of abandonment.

To nature, it is a moment of trust.

“People often act out of compassion, but without understanding what they are seeing,” explains Chaminda Jayasekara of the University of Hertfordshire. “A baby loris left alone is not necessarily in danger. In fact, it is part of a natural process that is critical for its survival.”

According to Jayasekara, when a baby loris is about a month old, the mother begins a remarkable routine. As darkness settles, she gently places her infant on a secure branch and moves off into the forest to forage. Her journey can take her hundreds of metres away — sometimes close to 800 metres — as she searches for insects and other small prey.

In those hours of solitude, the infant is not abandoned. It is learning.

Clinging to the branch, it begins to explore its immediate surroundings. Tentatively, almost hesitantly, it reaches out — testing balance, grip, and instinct. It may attempt to catch tiny insects, mimicking behaviours it will one day rely on entirely. This is its first classroom, and the forest its only teacher.

“Those early nights are crucial,” Jayasekara says. “The baby is developing motor skills, coordination, and the ability to interact with its environment. These are things that cannot be replicated in captivity.”

And yet, this is precisely where human intervention often disrupts the process.

Across rural and even semi-urban Sri Lanka, stories circulate of well-meaning individuals who come across a lone baby loris and assume the worst. Driven by concern, they pick it up, take it home, or attempt to hand-rear it — believing they are saving a life.

Grey Slender Loris

But the reality is far more complex — and far more tragic.

“When a baby is removed unnecessarily, it loses something fundamental,” Jayasekara emphasises. “It loses the chance to learn how to survive in the wild. Without that, even if it survives in the short term, its long-term prospects are extremely poor.”

The forest, after all, is not just a habitat. It is a living, evolving system of lessons — how to detect predators, how to navigate branches, how to hunt silently, how to recognise territory. These are not instincts alone; they are behaviours refined through experience.

And the mother, contrary to assumption, is rarely far away.

“If people simply waited — even for several hours — they would often see the mother return,” Jayasekara explains. “She knows exactly where she left her baby. Her absence is temporary, purposeful.”

The advice from conservationists is clear and consistent: observe, but do not interfere.

If you encounter a baby loris, watch quietly from a distance. Avoid using bright lights or making noise. Give it time — at least 10 to 12 hours — before drawing conclusions. In most cases, the situation will resolve itself, just as nature intended.

35 days old Grey Slender Loris

Only if the animal is clearly injured, or if there is strong evidence of abandonment after prolonged observation, should intervention be considered — and even then, it must be done through the proper channels, particularly the Department of Wildlife Conservation.

Attempting to care for such a delicate animal at home is not only ineffective but often fatal.

Sri Lanka is home to two species of slender loris — the Grey Slender Loris and the Red Slender Loris — each adapted to specific ecological zones across the island. Both are protected under national legislation and recognised internationally as species requiring urgent conservation attention.

Their threats are many: habitat loss, road mortality, illegal pet trade, and, increasingly, human misunderstanding.

Yet, in the midst of these challenges, there are also signs of hope.

In recent years, the slender loris has become the focus of a unique form of wildlife tourism — one that values patience over spectacle. Night walks, conducted with trained naturalists and strict ethical guidelines, offer visitors a chance to witness the loris in its natural environment without disturbing its behaviour.

At places like Jetwing Vil Uyana, this approach has been refined into a model of responsible eco-tourism. Over more than a decade, the property has developed a dedicated Loris Conservation Project, recording thousands of sightings while educating visitors and supporting local communities.

Here, the loris is not handled, chased, or exploited. It is simply observed — a quiet presence in a carefully protected landscape.

“The success of such initiatives shows that conservation and tourism do not have to be at odds,” Jayasekara reflects. “When done responsibly, tourism can actually support conservation by creating awareness and value for these species.”

There is something profoundly moving about encountering a loris in the wild. It does not roar or charge. It does not demand attention. Instead, it exists — quietly, deliberately — as it has for millions of years.

And perhaps that is why it is so easily misunderstood.

In a world that often equates visibility with importance, the loris reminds us that some of the most extraordinary lives unfold beyond the spotlight.

It also reminds us of something else — something simpler, yet harder to practice.

Restraint.

Because conservation is not always about stepping in. Sometimes, it is about stepping back. About recognising when nature does not need our help, but our patience.

So if, on some future night, you find yourself walking beneath the trees, and your light catches a tiny figure sitting alone on a branch — do not rush forward.

Pause.
Watch.
Let the moment unfold.

Because somewhere, moving silently through the darkness, guided by instinct and memory, a mother is already on her way back.

And by morning, the forest will be whole again.

 

By Ifham Nizam

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Kumar de Silva: 40 years of fame and flair

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Kumar de Silva: The four-decade journey

We first saw him on the small screen in January 1986 – a relatively raw, totally untrained and a very nervous 24-year-old presenting ‘Bonsoir’ on ITN.

And now, 40 years later, and as one looks back, one realises what a multi-dimensional journey Kumar de Silva has navigated across the small screen yes, from your television screens to your laptops, and iPads, tabs, and mobile phones.

Says Kumar: “It is the French language I speak that opened the world of television to me, 40 years ago. It was ‘Bonsoir’ alone, and so to my French teacher at Wesley College, Mrs. BA Fernando, to ‘Bonsoir’, and to the Embassy of France in Sri Lanka, I am eternally grateful”.

Promoting the French language, and culture, in Sri Lanka, in a big way

Kumar went on to say that on the heels of ‘Bonsoir” came ‘Fanclub’, on ITN, describing it as yet another resounding success story which saw him as a music DJ on TV.

His inherent talent saw him handle a range of contrasting programmes across ITN, TNL, Prime TV and SLRC with consummate ease – from News Reading, Business Talk Shows, Celebrity Chats, to Dhamma discussions, on Poya Days, to name a few.

Kumar – the 1986 look

Trained in Paris in television production and presentation, the Government of France, in 2012, conferred on him the title of ‘Chevalier dans l’Ordre des Arts et Lettres’ (Chevalier in the Order of Arts and Letters) in recognition of his contribution to promoting the French language, and culture, in Sri Lanka.

In celebration of his four decades on the small screen, Kumar recently launched ‘Bonsoir Katha’, the Sinhala translation (by Ciara Mendis) of his English book ‘Bonsoir Diaries’ (2013), at a gala soiree. at the Alliance Francaise de Colombo, under the distinguished patronage of the French Ambassador in Sri Lanka, Remi Lambert, and francophone President Chandrika Kumaratunga.

He’s now excited about launching the French version of this book, ‘Les Coulisses de Bonsoir’, in Paris, in autumn this year. It is currently being translated by Guilhem Beugnon, a former Deputy Director of the Alliance Francaise de Colombo. This will, co-incidentally, also be Kumar’s 30th visit to Paris.

Chief Guest French Ambassador in Sri
Lanka Remi Lambert

Says Kumar: “The word GRATITUDE means a lot to me and so I always make it a point to spend time with two very special French people every time I go to France. One is Madame Josiane Thureau, formerly of the French Foreign Ministry, who began ‘Bonsoir’ in Sri Lanka. way back in the mid-1980s. The other is Madame Aline Berengier, the lady who designed the ‘Bonsoir’ logo – the Sri Lankan elephant in the colours of the French national flag”.

Kumar is also a much-sought-after Personal Development and Corporate Etiquette Coach in Colombo’s corporate world. Over the past 15 years, tens of thousands of corporates, have been through the different modules of his interactive training sessions. There have also been thousands of school leavers and undergraduates from national and private universities, many of whom will constitute the corporates of tomorrow.

Guest of Honour francophone President Chandrika Kumaratunga at the gala soiree
at the Alliance Francaise de Colombo

The multi-talented Kumar turns 65 next year, and his journey on the small screen still continues – you see him on the (monthly) ‘Rendez-Vous with Yasmin and Kumar’ on the French Embassy’s YouTube Channel, and (every Friday) on ‘Fame Game with Rozanne and Kumar’ on Daily Mirror Online, Hi Online and The Sun Online.

There’s yet another podcast in the pipeline, he indicated, but diplomatically declined to give us details. All he said, with a glint in his eye, was, “It will hit your screens soon.”

Whatever he has in mind, one can be certain that the new programme will continue to showcase Kumar de Silva’s enduring presence in Sri Lanka’s entertainment scene.

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