Rose WIjeyesekera
Publication year: 2019

The study has been done in a global context where despite several advances in the observance of human rights, the recognition of rights relating to land in national laws is slow, and implementation is met with reluctance even where it is recognized. It analyses in the main, the question whether Sri Lankan law should recognize ‘property restitution’ as a legally enforceable right. If the answer is in the affirmative, it seeks to determine to what extent the existing gender discriminatory laws, policies and customary practices relating to housing, land and property obstruct women of the Tamil community in the Northern Province in particular, from enjoying this right on a basis of equality with men.

As human rights and development are complementary and mutually enforcing, hoping for sustainable development outside a human rights framework will be a dilution for Sri Lanka. It is a fact that land and people are the most valuable resources of any nation. WOmen comprise half of the population of Sri Lanka, and that peace can prevail only where everyone’s human rights are respected. The necessity for Sri Lanka to realize these facts is urgent. Settling people on the land is a prime responsibility of a government, and if done wisely, is one of the best national investments from the point of view of social economy and development.