Introduction
Land acquisitions in Pakistan and Sri Lanka which have been facilitated by the government through the transfer of large amount of land to investors and private corporations have been regarded by World Bank to be a significant means of boosting production in agricultural sector in the Third World countries among the Asian countries. Nevertheless, activists and academic critics has termed the move of large portions of land acquisition by the government and offering it to private investors as land grabs which normally displace peasant farmers in disadvantaged ways (Gordon, 2014). Moreover, land acquisitions and grabs in Sri Lanka and Pakistan have not been done for the sake of promoting agrarian production but towards real estate development and industrialization. The role of the work is to illustrate the forms that the recent land grabs and acquisitions in both Pakistan and Sri Lanka have and whether the move has resulted into broad-based development.
Land acquisition and grab in Pakistan
Currently, the land transmission systems in Pakistan are unable to cope up with the land demands and expectations in some areas. As a matter of fact there is unsupplied land demand, high risks of instability and voltage control aspects under certain conditions. The land acquisition and resettlement framework in Pakistan has been supported by both the World Bank and Asian Development bank. The role of the land acquisition and resettlement framework in Pakistan is to plan, screen and define the land management and acquisition in Pakistan (Radika, 2013). Despite the fact the land grabbed from the farmers and land owners by the government has been criticized, it is believed that land acquisition must follow Land Acquisition Act which was adopted in 1894 in Pakistan. The land acquisition in Pakistan must also be in regard to the resettlement policies, rules and laws.
The Pakistan government understands than before it grabs or acquires any given piece of land certain criteria must be met. In Pakistan, the land acquisition requirement framework is believed to be applicable to all facilities and sub-projects. It is the role of the government to review the land approval condition and the financial impact the facility to be established will provide to the community (Gordon, 2014). The social assessment of the new project to be established will indicate whether land resettlement or acquisition would have a greater magnitude upon the indigenous people. The land acquisition and grabs by the government in Pakistan would vary depending on the severity and level of scale of the project to be established. Early screening of the land by the Pakistan Government normally assists in avoiding involuntary resettlement and land acquisition.
The Land Acquisition Act 1894 in Pakistan normally governs land acquisition in the country. The Act regulates land acquisition procedure and enables the federal government to acquire the private land for the sake of public use by exercising the right of the public domain. According to the Act in Pakistan, land acquisition is a provincial function and each province in Pakistan interprets the Act differently. Land in Pakistan is classified as either: rural or urban land (Sunil, 2015). In order to avoid injustices during land acquisition or grabs, the land acquisition and resettlement framework observes property rights protection. It ensures that no one is deprived his or her property without adequate compensation at a consensus rate. During the land acquisition process both the political agents and tribal leaders are involved in the resettlement plan and implementation procedure.
According to the world Bank, when involuntary land acquisition is adopted it results into severe social, economical, political and environmental risks. The move results into destruction of the production systems as well dismantling the way of life of most people. In addition, the Pakistan’s Land Acquisition Act (LAA) and Land Acquisition and Resettlement Framework (LARF), land acquisition and settlement must be guided by different principles (Gordon, 2014). Prior to the land acquisition, the government is necessitated to screen the project in order to identify the present, past and future risks and impact of land acquisition. The government should go ahead and establish the resettlement plan through consensus.
Furthermore, it is the role of the Pakistan Government to conduct meaningful consultations with the host communities, the people to be displaced and the non-governmental organization in order to establish resettlement and entitlement options. There should be improvement or restoration of the resettled communities through land compensation or replacement of the land value. It is the role of the government to provide the displaced with both economical and physical assistance once displaced. By doing so, the government would be in position to improve the standard of living of the resettled persons (Sunil, 2015). The Pakistan’s land acquisition Act has developed procedures which are equitable, consistent and transparent by negotiated settlements. Ensures that the legal owners of the land are recognized and appropriately compensated and provide resettlement plan to the land owners in timely manner. It is the role of the government to execute and conceive the involuntary resettlement in raged to the development project that is causing displacement. Once the displaced communities are compensated it is always the role of the government to assess and monitor the resettlement outcomes and the living standards of the displaced communities. When all these shall be done, the Pakistan government would have fulfilled the equitable and right to property policy in acquisition of the land despite the fact that the community might have resettled involuntary.
Land Acquisition and Grab in Sri Lanka
The Land Acquisition Act (LAA) of Sri Lanka has given the minister for the lands the powers to come up with a motion to acquire privately owned land for the purpose of public use. The Act does not necessitate the minister to declare the purpose over which the private land shall be acquired for. The Sri Lanka constitution does not guarantee property rights in explicit terms. Lack of legislative provision in regard to private land acquisition has basically failed to address the economic impact of the government grabbing private land for the sake of public use (Sunil, 2015). The Sri Lanka government has the powers under the constitution to interfere with the private land ownership without the owner of the claim for compensation or resettlement as per the property right requirement. Nevertheless, despite the fact that there are no legal measures governing land grabbing Sri Lanka, the constitution demand the minister of land to be accountable during land acquisition process.
According to the law society research, law of strict laws governing the government when acquiring private land for the sake of public use has resulted into ethnicity and conflict during land acquisition in Sri Lanka. Despite the fact that, there has been increased urbanization, foreign investors’ influx and major scale development, most of the resettlement and settlement areas have been greatly affected. Land grabbing and acquisition in the East and North of Sri Lanka have been identified as major source of conflict and ethnicity (Sunil, 2015). Given the fact that property right has been interfered with the government has resulted into militarization in the affected areas in order to bring back law and order in the affected regions.
Basically, according to the Sri Lanka government and land acquisition Act, the private land owners in the North and East part of the country displaced during the civil war has no right to claim for compensation or resettlement. As a matter of fact, extensive track of land in the two regions were acquired by the government during the civil war in attempt to establish buffer zones for the military and create high security zones. Despite the fact that the communities were never forcefully evacuated, they were compelled to leave their lands due to the natural disasters and horrors of war (Gordon, 2014). Nevertheless, when the war came into an end, the right owners of the lands went ahead to claim back their lands but the government failed to give them their land back as they were already under public development and government projects. As a matter of fact, until today these lands still remain in the hands of the Sri Lanka government and are being used by the military.
Whether it is for the sake of security concerns, most of the illegally acquired lands for the sake of government use continue to violate property and land rights for the vulnerable populations. The Muslim community which is believed to occupy the northern and the Eastern side of Sri Lanka are believed to be affected by the lack of a firm property right law which determines how land rights should be respected by both the government and individuals in Sri Lanka (Sunil, 2015). Land ownership problems in Sri Lanka are being experienced by both the minorities and majorities in Sri Lanka as the government controls who to use the land. The Sri Lanka government has also gone ahead to acquire private land without putting into consideration the existing legislation in regard to land ownership and property rights.
Conclusion
Given that both Sri Lanka and Pakistan goes ahead to violate private land and property ownership, there is need for both of these two countries and the Asian region in particular to create public awareness and land ownership which shall be coupled by just and fair state policies. The land ownership and property right to respond to the demand of the citizens by ensuring that they have to solely own land without being interfered by the government. Just in case the government of the day is in need of private land for public purpose the relevant procedures and policies are followed in order to maintain justice and fairness in the society.
References
Gordon, D. (2014). Land Acquisition and Resettlement Framework (LARF). Retrieved from: http://www.ntdc.com.pk/PMU_docs/Land%20Acquisition%20and%20Resettlement%20Framework%20%28LARF%29%20-%20English%20Version.pdf
