Food and Drug Administration (FDA)

By Sajeewa Chamikara - La Via Campesina, January 19, 2018

Movement for Land and Agriculture Reform (Monlar)

The current United National Front for Good Governance (UNFGG) administration seems to be continuing the support given to Dole Lanka Private Limited, which has illegally cleared protected forests, which acted as catchment areas and destroyed farm lands owned by small holders, given by the Mahinda Rajapaksa administration. The Department of Forest Conservation has obtained court orders to remove farm lands operated by Dole Lanka Private Limited, scattered in various lands owned by the department in the Sri Lankan dry zone. However the government has halted the implementation of these court orders and is attempting to hand over the land to the controversial company.

The first step of this legitimization of Dole was the cabinet paper (CP 16/1934/752/023) regularizing the land used for banana cultivation by Dole Lanka Private Limited in Kuda Oya and Demodara in Moneragala district’ on September 15, 2016 by Malik Samarawickrama, Minister of Development Strategies and International Trade. President Maithripala Sirisena, as the minister of Mahaweli and Environment as well as the ministers of Lands and Finance has also noted their observations to the cabinet paper. The note to the cabinet by President Maithripala Sirisena clearly states that Dole Lanka Private Limited has not obtained the permission of the Department of Forest Conservation to establish these banana plantations. The note also states that the Dole Lanka Private Limited has admitted before court that it is using the lands in Kuda Oya and Demodara without permission or approval. However the cabinet memorandum has recommended to seek the advice of the Attorney General to come into an agreement with Dole Lanka Private Limited, so that the company can continue to use the lands. Thus the Attorney General is studying how Dole Lanka Private Limited can keep on using these lands.

However according to the laws of the land, it is not possible to transfer the ownership of land that belong to the Department of Forest Conservation to Dole Lanka Private Limited, or any other private entity. The Commissioner of Lands can release lands for any investment, only if approval is granted by relevant agencies after conducting the necessary feasibility studies. The government can release the land, on long term lease, to a private entity, according to the Section 199 (G) of the land Ordinance, only after that requirement has been completed. For this the approval of the Minister of lands is needed and the land can be released after recommendations by the President.

Although this is the standard procedure when it comes to releasing land for an investment, a number of factors prevent Dole Lanka Private Limited from accessing state owned land. Chief among them is the fact that Dole Lanka Private Limited has encroached the land that belongs to the Department of Forest Conservation and has used these lands for several years illegally and the fact that they have used the land without any feasibility studies prior to the commencement of the project. Moreover the Forest Conservation Department has taken legal action against Dole Lanka Private Limited, for illegally maintaining farm lands in Kuda Oya and Demodara at the Wellawaya Magistrates’ Court (case numbers MC 215 and 216.) Given this context the attempts by the Cabinet to handover these illegally encroached lands to Dole Lanka Private Limited is a bad example.