The e-registers and the legislative path required to administer the e-register works well in developed nations, because of the effort made by specially trained legal academics who have been specially trained in electronics, registration law and modern property law. They are committed to evaluate the repercussions of the major reforms objectively without looking at the short-term funding and political consideration. In Sri Lanka, the Bar Association was informed suddenly that e-registration will commence with the hybrid foreign law from January 2021. They had to submit their bio-data without any data protection laws to the Registrar of Lands. Courts – Lawyers & Land Owners omitted in setting up e-Land-Register has led to confusion amongst owners and lawyers As always, Sri Lanka operates with quick fix solutions as soon as funds arrive from foreign agencies without any legal solutions to suite the local land market to build the e register. This has resulted in lawyers being driven to discontinue the existing land laws, create confusion in courts with an extra judicial adjudication process, which had surprisingly limited the judicial authority of the judges.
Result of quick fix solutions lawyers are compelled to follow foreign laws —–
* Right of pre-emption, essential for lands in Northern province to eliminate crop production being discontinued * co-ownership rights of inheritance and rights required for chena cultivation * planters share Tatamaru possession, * water rights to wells, * legal rights required for chena cultivation 1.9million people could not enter the register accordingly says the Title Commissioners Report 2018.The World Bank had confirmed in its World Bank’s ICR Reports that ‘Sri Lanka’s title project is a failure as only titles for parcels with clear land rights were issued. Titles could not be issued for problem parcel lands and no one was keen to solve the problem. Adjudication systems were also not improved to provide a solution. http://documents1.worldbank.org/curated/en/996161474635250504/pdf/000020051-20140617135844.pdf
Foremost is that Sri Lanka must simply stop implementing land law changes simply because it comes with a carrot of dollars.
The Government must learn to not only tap such legal luminaries but nurture more by extending the syllabuses of the Faculty of Law and Law College to draw up the land laws of Sri Lanka and not depend on foreigners to do so. Sri Lanka does not require to be running a relay or be in competition with itself to implement changes without legal consideration of their ramifications & repercussions. Everything is being rushed into implementation – ex: new Constitution etc …. Why? Why are we in such a hurry to please or appease the foreigners without realizing the damage we are doing to the country & our People as a result. Shenali D Waduge
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