Who compensate them?

Due to the Construction of the Oluvil port development project fifty three persons face eviction from their homes and cultivation lands in Ampara districts. The proposed oluvil port development comprises the construction of a commercial port and a basin for fishing crafts. The Oluvil port located on the east cost of Srilanka, 8km north of Akkaraipattu and 11km south of kalmunai.

Though, the project had been for long time period, has recently commenced due to the government’s ‘Negenehira Nawodaya’. The project is reportedly being financed by Danish Government when the late M.H.M. Ashraff was in his ministry.

The Government acquired the residential land and cultivation field of 29 persons in palamunai and 24 persons in oluvil for the harbour projects. The story is that, out of the families in palamunai, only one person possessed a deed, another nine persons have government permits, and others are the innocents, have letters which were issued by the local Grant Mosque and the Justice of the peace as they use and enjoy those lands traditionally.

Other hand, the Grama Niladari rejected certification of their entitlement documents on the basis that they were encroachers. As a result, these families have not been relocated by the Government, yet. The relevant authorities have failed to grand remedy (equitable) for them even though they registered and have been living on the land for several decades traditionally.

Compensation for the people who lost their lands and the livelihoods due to the project;

resettlement reasonably for the victims including women and children; right to equality should be kept all the displaced communities; and prevention on forced eviction without consent of the potential victims. These would be the effective and fair remedies to their deep sorrow.

If they loose the costal land, it is not only land they loose but also their customary rights such as traditional fishing grounds, acces to water and livelihood. Loose every thing in life.

In Toto, this is one of the gross violations of international human rights law. Often belong to the marginalised sections of victims normally become even harder after a forced eviction. Srilanka as a state party to the International Covenant on Economic, Social and cultural Rights, is legally obligated to honoured their rights to adequate housing, including forced eviction, as guaranteed under Article 11(1). According to the human rights law, the forced eviction can only be justified in exceptional circumstances and even must consider process protection. If such circumstances exist and there are no alternatives, eviction can be justified. It shall not result for violation of human rights. The government must ensure alternative housing and compensation for all looses in accordance with general principles of reasonableness and proportionality.