LAND GRABBING THROUGH TOURISM: BOOM OR BANE IN KALPITIYA?

A case study of an emerging citizenry building a claim for fishery and sustenance rights

The Struggle
SampathPushpakumara - Mutwal isle We have been living in this isle for generations and we are not prepared to give up our rights even if we were given money in exchange of lands. Asanka Cruz (Fisherman) - Sinnamunnakkarei isle We have been living in our lands for the last 7 0- 80 years. Now our people are frightened for the news that our lands are being acquired for tourism industry. If our lands are acquired we will be deprived of everything including our livelihood. We are frightened of that. The government might not help us. The officials want us to produce deeds for lands if we need any assistance from them. But so far no one has come to pressure us. Anton Suresh, Anthony Shelton, Madhurani Almeida, EviginThuram - Uchchimune isle Our people have been living in this isle from the time of our great grandfathers. We also have born and bred in Uchchimune isle and our livelihood is based here. Everybody in our village belong to one religion. We have no social disputes. We have been living free in this fishery life. The lagoon and sea are our resources. Our cottages by the lagoon and ocean have made it easier for us to carry out fishing. Although we dont have much comfort, here we are living free. These are the testimonies of just a few of the many individuals from the Kalpitiya peninsula, who speak passionately fort the recovery of their ancestral land and water resources. Their sole aspiration is to retain their basic human rights, their heritage, and their lifeline. The pain and desperation that the loss of these lands would cause the people of Kalpitiya means that this is something many would give their lives to prevent. The Kalpitiya peninsula, located in the Puttlam district, is comprised of 14 main islands with a total landmass of 1672.67 hectares (4133.19 acres). It separates the Puttlam lagoon from the Indian Ocean and is a marine sanctuary with a diversity of habitats ranging from bar reefs, flat coastal plains and saltpans to mangroves swamps, salt marshes, and vast sand dune beaches. Dolphins, sea turtles, and coral reefs are plentiful in the zone.

Kalpitiya is home to 64,908 people (2009 Census) of which 12,967 are small-scale fishers. Indeed, 25% of women on Sri Lankas west coast are engaged in fishing-related activities.1 Kalpitiya is also one of the 15 sites for the countrys Tourism Development Strategy, formulated in 2003, and the acquisition of some 4000 acres of land for the project began in 2004.2 Since this time, in pursuit of this strategy, various devices have been employed to grab one quarter of Kalpitiyas area, affecting around 2,500 families. Physical and structural alterations, such as access roads, have followed in order to provide for 16 resorts and hotels. After the tsunami in December 2004, those in the hotel and resort industry moved to acquire further coastal lands whose price had dropped as a result of the devastation. After 2009, investors in the tourism industry also scrambled for potential business sites in order to capitalize on the reconstruction. Land grabbing has resulted from the following: Opportunism following the end of the war Removal of people from the government voters registry Abuse of legal ownership rules and the inability of residents to produce land titles Disrespect of customary law

Mr A.M.A. Azeez of Mutwal isle argued that the grabbing is uncivilised: Here nothing is done in a civilized manner. Every action is a grabbing. Barbed wire fences have been erected by one hotel along the coastal line, with the result that local fishermen can be prosecuted for trespassing when entering the coastal belt, thus challenging their food sovereignty. Perhaps unsurprisingly, the beneficiaries of the land grabs have been the military, private investors from the tourism industry, and government institutions such as the Board of Investment, the Sri Lanka Tourist Board, and the Urban Development Authority. The legal acquisition of land titles by these investors is questionable. The Kalpitiya people have been further spurred to action by the lack of transparency regarding project evaluations, as well as the limited community involvement in decision-making. Local people were never informed that Kalpitiya was a prime target for this gigantic tourism development plan. Dont give our lands to tourism projects. We are not aware of this vesting of our lands. Nobody informed us on this matter, complained Mary Fernando of Sinnamunnakkarei isle. The Kalpitiya peninsula is located in one of the richest fishing grounds in Sri Lanka. It can be argued any disruption of the fishing industry in this area will be detrimental to the national economy. Kalpitiya dry fish is a well-known product in the country, with production in the islets around 250-400 metric tons per year. The dry fish production in the islands helps reduce the millions of annual foreign exchange which are needed to import fish products. Tourism related infrastructure and the related environmental impact make disruption of the local fishing industry a distinct possibility. Net losses to the countrys

Fact Sheet Sri Lanka, Women in Agriculture, Environment and Rural Production, FAO, available at http://www.fao.org/Gender/Ffiles/Srl.pdf accessed on 16 April 2013.
2

Ibid. page 10.

income, with resulting declines in the delivery of services available to the public, will result in the opposite effect to the one intended through the expansion of high-end tourism. To rub salt into the wound, environmental destruction is already taking place from rushed construction and physical alteration activities: Boulders have been laid along the beach, blocking the existing anchoring point The isles fresh water resources - the sea water and the lagoon have been polluted The coastal belts natural beauty has been affected Flood problems have been created in the Thilladiya, Setawadiya, Mosalwatta, and Thoradiya villages by the construction of the Thoradiya Mutwal access road Mangroves, vital for the breeding of crustaceans, are being cleared on a large scale

The list of negative implications could go on and the loss of control by the Kalpitiya people over their own resources threatens them with a loss of livelihood, security, and food sovereignty, thereby increasing the likelihood of impoverishment and food insecurity. Rather than the government working to protect the rights of the Kalpitiya people, it has in fact shown indifference to the plight of these people, even taking a leading role in the land grabbing. All is not lost, however. The people still have their voice.

The Strategy
A journey of a thousand miles must begin with a single step - Lao Tzu Psychological ownership was very intense among the Kalpitiya people. This sense of ownership is recognized foremost by the individual who holds this feeling and manifests the felt rights associated with [it]. Feelings of (psychological) ownership lead the individual to make personal sacrifices, which, in turn, generates even stronger feelings of ownership. Mr. Human Fernando The Illuppanthive island has been leased out already. Immediately after we learned that the land is being leased, we organized a meeting with the owners of the island. At the same meeting, the island owners revealed their willingness to allow fishermen to continue fishing in the islands though they own the land. There is an ongoing court case now, however. Their promises are of no importance now as they have broken them already. There were 125 fishermen who operated in the island of Illuppanthive, but at present it has been reduced to only 40. Mrs. Evegin Fernando - Uchchimune We are not prepared to leave our village for any reason. Where can we go? Fishing cannot be done being settled in interior lands. We are not prepared to accept their so-

called offer. The only trade we know is fishing and we need our settlements to continue with our livelihood. Some people might be influenced for money or materials offered by them. But we are not prepared to accept alternative places. If authorities try to remove us by force from Uchchimune we will take action to stop them at Keerimundal, long before they come to Uchchimune. We cannot forgo our future and the future of our children by being tempted by their offers. Mr. A.M.M. Rafeeque, Rakuman Arab School, Kalpitiya Island people will lose their settlements and their livelihoods due to the tourism project. Poor people become poorer and more vulnerable. Youth will lose their job opportunities available today. People will have to abandon their land as they lose their livelihoods. There is no hope of development as they lose their lands. At present people are facing economic difficulties and in the future, it will be an added burden as social and cultural effects will also affect them. There should be a dialogue and deep analysis on land among the people. People should have identified the dangers to come and they should get organized for collective actions and to find solution through dialogue. Mrs. Deepika Fernando- Sinnamunnakkarei We dont have documents to prove our land ownership. Yet, we live here, we work here, we sell our catchment to an ice-boat or we take it to Kalpitiya main land and sell it there. When we have ample catchment, part of it is dried. What are we going to do if we are dislodged from here? This is the work only we know. Our people are disorganized. SEDEC and Kalpitiya parish priest visit us and advice us to defend ourselves. Niroshan Kurera, ManjulaCroos - Uchchimune We have no other alternative life. We cannot give up our livelihood. We are attached to our fishery and fishing needs this isle. Therefore we have bonded our lives with the isle. Soosai Dias, Franklin Tavarera, Selvaraj Dias, Madona Dias, Anthonyamma Fernando Uchchimune isle We have been living in this village for many years. We are not prepared to give up fishing as it is our only sustenance. If anyone tries to remove us forcefully we will come forward to take action on behalf of our people. We are aware of what goes on in other isles around here. Therefore we stay alert about our isle. If there is going to be injustice on us we are ready to take action. We will seek assistance from those who are capable to give us support in such situations.

These expressions betray psychological ownership. It comes from the core of their persons and serves to push them into taking action for the loss of their lands and, by doing so, reclaim their rights and dignity. The individual cannot let go of ones heritage, but there is a willingness to reach out implied in the above testimonies. If the government was willing, the Kalpitiya people could trade off their own comforts in order to extend their individual voices. The people's readiness has been proved by their united participation in National Fisheries Solidarity Movement (NAFSO) activities, such as demonstrations in Colombo in both September 2011 and October 2012 alongside groups like the "Peoples Aspiration" and "Peoples Alliance for Right to Lands". In November 2012, Kalpitiya locals also took part in a public demonstration in Kandakuliya where the seriousness of peoples' intentions were made evident. In the demonstration, island communities were engaged in signing post cards addressed to the President demanding a reconsideration of the decision to lease out Kalpitiya islands for tourism projects.

Fig. 1: The Post Card signed at the World Fisheries Day, 21 November 2012 demanding to reconsider the decisions to lease out the 460 acres land of Uchchimunei island and other islands for tourism development Earlier, in 2008, local organizations prevented a land grab attempt in Mutwal Penapitugama and the authorities were forced to abandon the lands survey project there. In 2007 the Holy Cross Fisheries Society at Uchchimunei did take steps to get the land deeds on behalf of the island communities, submitting a petition with the signatures of islanders, demanding legal land rights for the island dwellers. However, under the present situation people have to be better organized in order to make the decisions that will preserve their futures. In August 2012, the Uchchimunei island community discussed with the Divisional Secretary the necessary steps to register and settle them in the same island. On 16th March 2013, Mr Susantha Punchinilame, the Deputy Economic Development Minister, met the representatives of the island fishing communities. The aim of the meeting was to identify the issues faced by the communities as a consequence of the Kalpitiya tourism project.

The same Minister sought assistance from the Kalpitiya parish priest, the Reverend Fr. Michael Canecious Fernando, with the gathering of alternative proposals to remedy the issues faced by the fishing communities. At present, Reverend Fernando is taking steps to educate island communities about the Kalpitiya tourism promotion zone. The peoples' organizations attempted to launch a protest against the grabbing of their lands in November 2012, but were dissuaded by Reverend Fernando. Transparency International Sri Lanka (TISL) organized a legal clinic in March 2013 to assist Puttlam district people in taking legal action against land grabbing. As a follow-up action, TISL organized field work at Uchchimunei island, although this action was disturbed by other groups at the point. Locals have also have submitted a petition to Government Agent, signed by 300 inhabitants of islands, requesting legal rights for their lands. Whilst some people are optimistic about the tourist industry, promises of employment opportunities seem unlikely to be met as the skill requirements for human resources are not present within the local population. Instead, people will continue to be adversely affected by the oppressive way the development is being implemented. The island population has been isolated but is coming to realize that it cannot simply ignore the threats it faces. The above initiatives demonstrate this realization that concerted action is vital in order to combat the infringement of their rights, though many are hesitant to participate in public demonstrations for fear of government suppression.

The Status
Based on the initial experiences in response to the actions of the government, the following future actions by the Kalpitiya people are being planned: i. A continuous campaigning process to inform, in writing, the government institutions concerned with the issues ii. Select groups of organization to visit Uchchimunei, Rodapaduwa, Keerimundal, Sinnamunnakkarei, Boatwadi, Illuppaathive and Mutwal isles to raise awareness of the latest situation iii. Start the formation of focus groups and mobilize them for collective actions iv. Participate in the peoples' union meeting at Keerimundal, Uchchimune, Sinnamunnakkarei , and Mutwal and make them aware of the latest developments in respect to islanders rights v. Seek assistance from relevant experts people to strengthen local organizations vi. Awareness of the island settlers should also be raised on mainland Kalpitiya vii. Counter arguments should be prepares to the authorities contention that people without voting rights do not have land rights viii. Uchchimunei people have decided to meet every Thursday and pray together as an action point against land grabbing