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Land, property out of reach for NE women
By Feizal Samath
The dowry system in parts of Sri Lanka’s strife-torn northeast region varies from place to place with, for example, the dowry “officially” prohibited in the Wanni while it is an accepted practice in Jaffna and Batticaloa, a new study on land rights for women, shows.

While land and property are key indicators of an individual’s (as well as a family’s) economic and social status, there are many obstacles to women’s access, control and productive use of their land and property, the study said.This, according to the study on women’s access to ownership of land and property in strife-torn villages in Batticaloa, Jaffna and the Wanni, is because the land is occupied by various actors; it is located in High Security Zones; there are landmines and legal and cultural obstacles.

The study undertaken by the Centre for Policy Alternatives (CPA) and funded by CIDA and CARE, says that for women, land and property will increase investment and help secure credit for loan schemes and thereby assist the country’s economic growth. The research study, which involved looking into issues such as practical difficulties faced by women in accessing and owning land, says that while the three regions share some similar characteristics and face similar issues, each area possesses a variety of unique features. The practice of giving and receiving dowries varies from area to area. While dowry is banned in the LTTE-controlled areas of Kilinochchi and Mullaitivu, ‘donations’ are widely accepted.

The report said a majority of the men in Jaffna view land as dowry for their offspring whereas most of the women view land as their home. In Kilinochchi, men view land as a means of livelihood while the women feel it’s their home.
Women, the research found, have an acute lack of awareness of their rights with regard to land and property. Many women were unaware that their name could be registered on a permit or deed and were under the impression that it had to be registered under the husband’s name.

Transportation, in the context of registration, was also a problem with women unable to travel to government offices due to bad roads, lack of public transport and too many household chores.

It was found that a significant number of people in these three areas did not have proper documents for their land. While some had deeds or permits, many documents were lost in the conflict or due to communities being displaced.

“Many of the land and property issues identified in this report as being a particular problem for women are magnified for those women who are heads of households. If some women can be said to bear a double burden, that of earning a living and caring for their families, this burden is compounded for Female-Headed Households since they are the sole breadwinners as well as the sole caretakers,” the report said.

It said legislation and government policy often affect women differently than men, and indeed, often raise several issues that affect women exclusively. These issues include obstacles to women gaining legal title to land and property whether it is acquired through legal transfer, resettlement schemes or inheritance.

Historically in the northeast, there have been divisions among the Tamils, Muslims and the Sinhalese but the study reveals that caste, ethnicity or religion doesn’t have a gender-specific effect in land issues.

The report has cited weaknesses in the law and suggested amendments that would ensure the law is equal and not discriminatory towards women. “Any measures to amend the existing laws and administrative structures should also take into account the manner in which the conflict has altered the patterns of ownership and occupation of land and property as well as the different processes and institutions that people in these areas use for dispute resolution,” it said.

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