База данных по гендерной проблематике и правам на землю

Sri Lanka

Преобладающие системы землепользования

- There are two basic categories of land tenure: lands under state control and land under private ownership.
These two can be further sub-divided into the following main categories:

  •  Private lands with freehold titles which the owner  has to right to transfer or dispose of.
  •  State lands which the government and the provincial councils may alienate and regulate.
  •  State leaseholds where the government retains absolute titles, such as lands under the Land Development Ordinance (LDO).
  •  Lands in custody of state corporations and departments, the tenure condition of which is neither private nor state.
  •  Jayaboomi, which are lands given as state grants under certain conditions (13).

- Agricultural land may also take other special forms of tenure to meet specific needs:

  • Thattumaru: the co-owners of a piece of land take turns in cultivating it.
  • Kattimaru: land is subdivided into plots which are cultivated in rotation by co-owners.
  • Bethma: it is a sub-division scheme used in the dry zone to meet an ad hoc lack of water contingency in the village tank.
  • Ande: a land owner who is not able to cultivate by himself land under paddy gets another person to help him and pays him with a share of the crop (13).

Национальные и местные учреждения, обеспечивающие соблюдение правил землепользования

The Ministry of Lands and Development is responsible for the formulation and implementation of land policies and land development programmes. The Ministry is also responsible for: the management of land settlement; land acquisition; surveying; land use planning and alienation of land and development of settlement projects (23).

The following departments are part of the Ministry: Departments and Statutory Institutions; Department of Land Commissioner; Department of Land Settlement; Department of Surveyor General; Land Use Planning Division; Institute of Surveying and Mapping (23).

Within the Ministry of Lands and Development, the Land Commissioner General’s Department’s is responsible for formulating policies pertaining to land matters and implementing them. The department collaborates with several other units at administrative level in the implementation of land policies.

The Commissioner also collaborates with the Provincial Land Commissioner regarding administration of lands situated within the areas of authority of the provincial councils, in order to implement a common land policy throughout the country (24).

Органы государственного земельного управления и доля участия женщин

- The Land Commissioner General’s Department controls and administers lands belonging to the State. The department also issues these lands to various individuals and institutions for various purposes.

The Land Commissioner General’s Department’s comprises: the Land Division; the Development Division; the Legal Division; the Administrative Division and the Accounting and Finance Division.

The Land Division has the following tasks:

  • issue and transferring of Long Term Lease to various parties for the purpose of Residence/Commerce/Agriculture; 
  • issue of state land for public purpose; 
  • release of lands to State Departments; 
  • issue of vesting orders of lands to local government administration;  assignment of lands on long term leases or grants for special economical development projects.

The Development Division attends all matters regarding lands in the Inter Provincial Irrigation and Land Development Schemes.

The Legal Division provides legal advice and takes relevant action regarding the execution of rules in the administration of the department (24).

The Provincial Land Commissioner administers lands within the area of authority of the Provincial Councils.

The Deputy Land Commissioners, who are regional officers, administer the lands within the Inter-Provincial Irrigation Schemes, under the Land Commissioner General (24).

- The Government Agent (GA) or a District Secretary is the administrative head of public services in the district, appointed by the central government to govern a certain district of the country.
The GA is the custodian of state land in the 25 districts of the country. The GA also maintains a variety of registers including the plans prepared by the Survey Department in respect of state lands. Records pertaining to the Registration of Deeds are maintained in the Land Registries under the Registrar General (25).

- The country has a deeds registration system, which records transactions and serves as evidence of rights, but does not provide guarantee of rights (25). As of 2007, three Land Titles Registry offices had been established to function under the Registrar General’s Department (19).

- Private Licensed Surveyors handle cadastral surveys for private lands, except for the areas declared under the 1998 Registration of Title Act. According to the act, the Surveyor General is responsible for the preparation and maintenance of all cadastral maps (25).

Финансирование и положения, гарантирующие женщинам сделки с землей

- The Women’s Bureau (WB), through the Revolving Funds for women’s societies, grants low-interest credit facilities to women who wish to commence micro enterprises (17). The Economic Empowerment Programmes of the WB provides rural women with credit facilities through the State Revolving Funds Scheme and State banks (17).

- Commercial banks make rural credit and saving schemes available to women who are in need of credit and financial security. The Bank of Ceylon in collaboration with the Women’s Bureau has launched a credit scheme called Isuru Naya, enabling women to borrow Rs. 5 000-10 000 for self employment (5).

- The Anti-poverty Lending scheme (APLE) offers credit to members of the Agromart Production Societies, mainly women with low or no income, to start-up income generation projects (26).

- Under the North East Irrigated Agriculture Project (NEIAP) of the World Bank, women have access to credit for starting micro enterprises, poultry keeping and grinding mills among other activities (21).

Другие социальные, экономические и политические факторы, оказывающие воздействие на гендерную дифференциацию земельных прав

- Due to the fact that training and extension services do not specifically address women and projects usually target the head of the household, women participate in few programmes. When projects identify women as beneficiaries, they generally target widows and women heads of household, leaving out the overwhelming majority of rural women (21).

- Agriculture extension services lack a gender focus and are not regular; therefore, spread of agricultural information to women farmers is limited. Furthermore, government officials and project personnel, mostly men, are not gender sensitive (21).

- The lack of information prevents rural women from accessing credit for the development of their activities (17). Furthermore, male heads of household tend to benefit from resources allocation and asset distribution in the case of land and financial assistance (17).

- The credit restrictions of the New Comprehensive Scheme of Rural Credit, which require that lenders be owners of the land, make it nearly impossible for women to receive loans for productive purposes. Consequently, women obtain agricultural inputs from informal sources that they repay in kind post harvest, eroding much of the profits (21).

- The poor condition of access roads and minimal transport facilities also affect rural women’s access to information and resources (21).

- The members of most Community Based Organisations (CBOs) are men. Women’s membership is limited in farmers’ organizations or other agro-economic based organizations. Furthermore, women members rarely hold positions of authority (21).

- Women rarely have the resources to enforce their land rights before a court. Morevover, disputes over land often take years to resolve in the courts, partly due to the fact that the system of deeds registration provides for evidence but not security of rights (19).

- In areas affected by the conflict, women are more vulnerable due to the lack of documentation, inability to prove ownership, inability to dispose of land in the absence of their husband’s death certificate and the non-recognition by officials of women’s altered status (21).

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