The National Involuntary Resettlement Policy: Dispelling Misconceptions and Assessing Compliance

Abstract

Development induced displacement takes place mainly through the formal acquisition of private lands. At present, the Land Acquisition Act, No. 9 of 1950 (LAA) governs acquisition of land in Sri Lanka. This law authorises the state to acquire private lands for ‘public purposes’ without offering durable solutions to those affected. In response to shortcomings in the LAA, the Asian Development Bank (ADB) initiated a process in 2001 to address the issue of involuntary resettlement. As a result of this process, the government adopted the National Involuntary Resettlement Policy (NIRP). NIRP reflects a set of international best practices, which addresses the gaps in the LAA and offers durable solutions to affected persons. The study is presented in five parts. The first deals with the key provisions of NIRP. The second deals with the agencies responsible for implementing the policy. These sections are followed by a comparative analysis of the LAA and NIRP. The fourth section deals with government measures to ensure compliance, and the measures adopted by ADB to monitor compliance. The final section of the study deals with several case studies that demonstrate both the current need and potential for mainstreaming NIRP. This study has attempted to dispel two misconceptions about NIRP. First, it has been suggested that the policy is not recognised by the present government, given the fact that a previous adopted it more than a decade ago. Second, any doubts pertaining to the feasibility of NIRP may be laid to rest given the success of the Lunuwa Project. The following recommendations were made: Educate the public on the contents of the policy; Lobby the government to amend the LAA to bring it in line with the NIRP; Engage development funders and agencies, including ADB, to ensure greater compliance.