|
Dislocation of People for the Purpose of Pumping Sea Sand to Marshy Areas
The Plight of 200 families at Awarakotuwa, Muthurajawela, Sri Lanka
Muthurajawela is a vast land area closer to Colombo consisting of about 8000 acres. It was a well-known paddy field, a few centuries back. Attempt to change the irrigation schemes during the Dutch period resulted in causing soil salinity and thus destroying most of the paddy cultivation. It then became a huge marshy land. Poorer people living around the areas moved into some parts of this land and cultivated this land. Some cultivated paddy in some areas while others cultivated vegetables, coconuts, cashew-nut plants etc. One of the areas thus cultivated is called Awarakotuwa. Awarakotuwa is situated in the Wattala electorate. To reach Awarakotuwa one has to go along the Hamilton Canal on a road that has not seen any repairs for many decades. This area that lies few kilometers away from Colombo is completely rural and one would find it difficult to believe that such underdeveloped area lies so close to Colombo.
Close to 200 families, braved bad weather and extremely harsh conditions of living in marshy lands over few decades and cultivated these lands. One such family is the family of Albert Perera. Albert Perera, who was a student of the prestigious St. Joseph’s College, and later ordained as a Catholic priest came to live in this area after her left priesthood. He came to live at Awarakotuwa in 1972. He cultivated about 80 perches (160 perches = 1 acre) of land. He had 17 fruit baring coconut trees, 16 mature cashew-nut trees, and a few fish-ponds within an area of 10 perches. These cultivation’s have been undertaken under the advice of Agricultural and Fisheries Department. The Ministry of Policy, Planning and Implementation of Greater Colombo Economic Commission (GCEC), issued household enumeration card to him that bears the assessment number, 406/25. He lived in this land with 7 dependents, two of who are now dead. The household enumeration card has the names of all the 7 dependents. This card was issued to him on 6th of May 1990. He was also issued an Ande Cultivators’ License on the 30th of November 1993. According to this certificate his name has been registered in page 76 of the Agricultural Lands Register. He had been recognized as a cultivator however the absentee landlord has been mentioned as the Republic of Sri Lanka. He has also been issued with the farmers identity card and it bears number 006739. All the other family who had been living at Awarakotuwa has been similarly recognized as cultivators and farmers and possess similar documentary evidence as Albert Perera. Some of these cultivators have developed much larger is of land than him.
Even in early 1993, the local politicians belonging to the ruling United National Party promised to give direct water pipelines to the residents of Awarakotuwa. The following is quotation from a letter written by Albert Perera to a prominent local politician in the area in July 1992:
"1. Before the last elections you promised to give us pipe water and lighting right into our village of Akkara-pattuwa. Now what?
2. You further promised all here would be given benefits of Janasaviya (Poverty Alleviation Program) and Sevana. There are several here, really poor families who have not been included in that Sevana.
3. Still further, just recently, at the opening of some (water) taps here, you and MP of Wattala promised us pipe water rights into our village, electricity. Now we are told we have to leave this area."
Now those families who are residing at Awarakotuwa have been ejected under the threat of being dredged by sand pumped from the sea if they refuse to leave. They are now living in small shanties worse than any of the slums in any part of Sri Lanka. These houses are made of old wooden planks, there is no floor except the muddy ground, and when it rains water gets into these small huts. The size of each cubicle is around 100 square feet. About 15 houses lies in one row, and in each house there is at least about 5 people, including children and old people living. For each row, there are only 4 toilets and these too are very poorly made. The people live in the bewildered state not knowing what to do. The method employed for ejecting the people was by bringing the machinery for pumping sea sand to the area that was occupied by the farmers like Albert Perera and then installing these machines inside a building. When these machines were brought in to the village, the message that was passed to the villagers was that the filling of the village with the sea-sand was a fait accompli. From the time, the villagers heard about the reclamation of this area, there were many protests and during these protests, local authorities and the local politicians have made many promises. In spite of these promises, when the machinery was installed for pumping sand, they were told that whether they leave or not the pumping of the sand will start immediately. Under this threat, many persons were forced to accept the terms suggested by the local authorities and they were moved into a slum in which they live now. Albert Perera refused to leave. Then he was threatened that unless he leaves immediately, the next day, sand will be pumped into his land. Under this threat, he had no option but to leave. He was taken to a small hut known as Praja Salawa, which means the meeting hall. That is a very small hut but it is the only one that had cement on the floor and a toilet attached to it.
When the people were protesting, the Cabinet made a decision to stop proceeding with the plan to reclaim this area pumping sand into the area. This is reported in a news item which appeared in Daily News of 19 May 1994:
"Muthurajawela Resettlement Halted.
Resettlement of people from Muthuraja-wela has been suspended on the direction of the cabinet sub-committee in charge of the resettlement program, a Home Affairs and Provincial Council Ministry release says.
The suspension was ordered on representations made by Home Affairs and Provincial Council Minister, John Amaratunga.
Minister Amaratunga had brought to the notice of the cabinet sub-committee the severe hardships the resettled allottees suffer owing to the unsatisfactory arrangements made for their relocation.
Resettlement will continue only after the arrangements are satisfactorily completed."
In spite of such a decision by the cabinet, the pumping of sand into the area goes on even up to date. The people are living in these slums that even the government has agreed, as an unsatisfactory arrangement.
The removal of these persons from their land allotments has created destitution. The lands that the people had cultivated provided them with a monthly income from the coconut, vegetables and the fish ponds etc., and now this has been lost completely. Besides, people have lost their little houses and the cattle that also provided some income to the people. They are now forced to live in the slums without any employment either.
People fear that worse conditions will come with the rain. Most houses will go under water and people will not be able to sleep in their houses. Poor sanitary conditions could give rise to illnesses that could easily spread from hut to hut as they lie close to each other. If anyone was to catch a contagious decease, it will be spread around everyone in no time. Besides, due to the refilling of land that will close down the water ways that take the water from the river and the rain into the country side will be blocked and there could be floods.
In spite of these hardships, people living in these huts have no other place to go back to. Lands in these areas have become extremely expensive and finding of an alternative place for living are impossible for the people who are living in these slums now. Thus the reclamation of the area is taking place at the expense of creating destitute poverty.
Besides the problems created to people, it is also predicted that the proposed reclamation would result in ecological disaster. This widely shared view was expressed in an article in the Daily News, 9 March 1991, entitled Muthurajawela and Land Use.
"This is an area where there is severe coastal erosion, and taking of large amounts of sand therefrom would lead to seriously aggravating this problem. If the suggestion is to take sand from the seabed, at what distance from the coast could and should this be done?
Another expert had pointed out that the sea water coming along with the sand would accentuate the soil salinity problem of Muthurajawela; but where the purpose of the reclamation is not agriculture, but building, this drawback could be overcome.
Also, if the extents of land necessary to be reclaimed are vast, the enormous amounts of sand that would be necessary to be dug up and transported, even by means of conveyors, for several miles in most instances and the resultant prohibitive costs, would not favor such a project."
When The Law Mocks At The People
When one talk to lawyers about the situation of Awarakotuwa people, at Muthurajawela, they all state that it seems impossible to do any thing legally to help these people. The lawyers raise following questions. "Against whom are we to file the action? What is the legal entity that has caused the ejection of these people? What is the legal action we could file in court — is it Human Rights action? Well, a human rights action must be filed with in one month and from which date to count one month? To file a criminal action you must identify a criminal offense and an offender? Mass dislocation of people is not an offense recognized under the Penal code. What is the civil law remedy available and against whom?" Legal situation is muddier than the ground of marshy lands at Muthurajawela.
Following facts seems to be of no legal importance — People have lived in these area for decades — they have cultivated the land — they have been recognized as "ande cultivators" — their voter registration addresses are the homes they lived in at Awarakotuwa- They had been promised improved facilities by people representing the Government that was in power — politicians of the government in power negotiated with them to provide alternative lands — the residents now live in extremely harsh slum conditions etc.
If someone steals 50 Rupees, there is a legal remedy. If the lives of hundreds of people, are destroyed the law says "Sorry, I can’t help you ."
The new government of Sri Lanka is not responsible for causing of these problems. It is part of the mess it has inherited from the former government. The residents of Awarakotuwa believe that number of politicians linked to the last government were acting more for their personal benefit in dealing with this issue. The resolving of this issue however, now falls on the newly elected government.
Actions suggested
Write to the government of Sri Lanka (President) and to the diplomatic representative of Sri Lanka accredited to your country in making following demands:
- to provide emergency assistance to the dislocated families;
- to provide proper sanitary and living facilities;
- to stop pumping of sea sand until the entire plan for Muthurajawela is reviewed by the government;
- to appoint a Commission with the mandate to re-examine the whole issue and recommend solutions, particularly with regard to the resettlement of the settlers who are now dislocated;
- and to provide humanitarian assistance to the settlers forth with.
The addresses of President:
Chandrika Kumaratunga, President, Janadipathi Mandiraya, Colombo 1, Sri Lanka.
Posted on 2001-08-27
|
