Translation needed, but errors not, says comunidade fraternity

Translation needed, but errors not, says comunidade fraternity Paul Fernandes, TNN | Aug 9, 2012, 04.22AM IST PANAJI: The translation of the age-old Code of Comunidades from Portuguese into English has been welcomed by some as fulfillment of a long-felt need, but a section feels it is marred by some errors, and being an official version, it needs to be examined from the legal context. The Portuguese government had officially gazetted the Codigo das Comunidades, as the Code is referred to in Portuguese, on April 15, 1961. Comunidades are age-old bodies often referred to as village republics. They carried out development within their lands from self-generated funds. This was till their deterioration set in after Goa's liberation from Portuguese rule. On July 19, this year, the government notified in the official gazette a translation of the original Code done by former additional collector of Goa, Egipsy Noronha Rodrigues, and reviewed by senior advocate, Manohar Usgaonkar. "The translation was long overdue after the official gazetting of the Code in 1961," says John Philip Pereira, attorney of the Nagoa comunidade. "The Code had never been officially translated, but amendments had been carried out, due to which I had filed a petition in the high court questioning how legislators could carry out amendments to the Code without understanding it," he adds. The petition was disposed off after the then advocate general assured the court that an authentic translation would be prepared and published. The process was completed and the translation was published about 21 days ago. But Pereira feels that the matter does not end with the translation. "As per the official translation, it should be known that the governor is the custodian of the comunidades and nobody can interfere with his powers and the legislative assembly has no powers to amend the Code," he says. Any changes to the Code of Comunidades are permissible under Article 652, wherein a general body of all comunidades has to be convened to discuss and take decisions, he adds. But the government has passed many amendments to the Code after Goa's liberation. Some have pointed out errors in the translation and raised issues over the same. An extensive note explaining various legal concepts connected with the institution of comunidades has been added in the official translation. "The opinion should not have been part of the translated Code," says Jose Filipe Melo, a Panaji-based lawyer. Justifying his argument, he explains that if the opinion is erroneous, then it will give rise to disputes. "As this is the official version and binding on everyone, it may create some problems if there are errors in the opinions expressed," he stresses. Comunidade activist Andre Pereira says, "Adding the commentary was not part of the undertaking to the high court. It was supposed to be only the translation." The concept of community lands or village communities has been diluted. "In the commentary, village lands held by the comunidades are mischievously said to be not commune lands, which they are," Pereira adds. The translators have not understood the concept of comunidades. "When the word comunidades is translated into English, it means communities. But the translators have not even translated this word in the Code nor also the title 'Codigo das Comunidades'," Melo says. Referring to other errors, he says Article 9, as in the original Portuguese Code, refers to Civil Actions. Under it, comunidades are not entitled to initiate any civil actions without the permission of the administrative tribunal. But the translation states: Comunidades are not entitled to file any civil suits. "If you go by this, you are restricting the comunidades to take permission from the administrative tribunal for only civic suits," Melo says. The translators have not provided equivalents of some terms in the Code either. "Article 21 refers to Right to Zonn, but its equivalent is not given in the translation," Melo says. Cleofato Coutinho, a former member of the law commission, says any translation is bound to have some errors. "This is not the first translation. There was an earlier one in circulation, though it was not notified," he concludes. http://timesofindia.indiatimes.com/city/goa/Translation-needed-but-errors-not-says-comunidade-fraternity/articleshow/15413087.cms

What should government do to protect comunidades in Goa?

What should government do to protect comunidades in Goa? TNN | Aug 5, 2012, 04.20AM IST The government should ensure that the comunidade land is preserved as it is. It is land that should be kept exclusively for Goans and it should be allotted for housing for Goans only, if required. However, the government should not acquire land. Also, there should be a stricter control and supervision over the working committees. Anacleto Viegas Lawyer, Margao They should stop interfering with the comunidade and allow the comunidade court to run the comunidade without any interference. According to me, the comunidade system has already been killed. The entire structure had an income from paddy, now there is no income. The only way is to give them protection. Mario Pinto Almeida Advocate, Margao The government should ensure that the power to govern the comunidades is left in the hands of comunidade members. The government should only help in giving them funds to do development work and there should not be any unnecessary interference. Local members of comunidade know how best to use their land to promote agriculture and development. Celesta Saldanha advocate, St Estevam Comunidade is an age-old institution whose primary objective is to promote agriculture. However, after the government decided to apply the Tenancy Act to these cooperative bodies, the focus shifted, whereby, as a consequence, a stake in the landholding became more important than a stake in the agricultural produce. As a result comunidades were depleted, land parcels were fragmented and agriculture started becoming unviable. Besides, acquisition of comunidade land, without making them stakeholders in the projects, and rampant encroachments have taken place. We need a strong government initiative to control the illegalities and strengthening of these bodies if we are serious in boosting agriculture. Tulio De Souza architect, Guirim http://timesofindia.indiatimes.com/city/goa/What-should-government-do-to-protect-comunidades-in-Goa/articleshow/15358297.cms

THIS LAND IS OUR LAND

05/08/2012 THIS LAND IS OUR LAND How the politician- bureaucrat nexus is looting comunidade land FREDDY FERNANDES teamherald@ herald- goa. com PANJIM: For those who may have not spared a thought about what constitutes the ethos of Goa, Goan identity, as it were, or, for that matter, what is the foundational essence of Goan culture from where ideas, and aspirations spring forth – it is the land. This land of the people, especially “ community lands” are today under serious threat from a systematic assault by Goa’s own political class, together with a servile every obliging bureaucracy. Though the ruling and opposition parties may tear each other on various issues, in one of the most shocking developments in Goa’s post- Liberation history, there is an unholy consensus and great alacrity in legalising all illegal dwellings on comunidade land till June 15, 2000. Further in the current Session it implies that there are new moves to regularise illegal structures on comunidade land till date. It is mind boggling to understand how anything illegal can ever be legalised. That this is a consensus to loot land is clear from the statistics. Officials in government revealed that an appalling 80 per cent of the illegal dwellers, who have applied for legalisation, are migrant non- Goans who form formidable vote banks for nearly every politician in each constituency of the State, who effectively neutralise the Goan vote in crucial close contests. Only 20% of the claimants maybe Goans, whose cases can be considered. That government plans to regularise around 7,000 illegal structures on comunidade land > Continued on pg 8 THE MODUS OPERANDI Migrant vote banks allowed to put up shanties with political blessings The structures are cast into masonry. Electricity and water connections follow. House numbers are given to them in connivance with panchayats. Illegal dwellers are given residence certificates, though political masters, though they are seasonal residents. Illegal squatters acquire ration cards. In the final stage they acquire voter identity cards to stake their claims to “ goanness” and to community land. http://www.epaperoheraldo.in/epapermain.aspx?queryed=9&eddate=8/5/2012

COMUNIDADES KILL THE GOOSE

August 6, 2012 COMUNIDADES KILL THE GOOSE How the managing committees loot their own land FREDDY FERNANDES teamherald@herald-goa.com PANJIM: The local community or gaunkari lands, which were to be used for the greatest good of the greatest number, have come in for assault from the selfish personal interests of comunidade managing committee members themselves, through a shameful nexus with relatives, friends or purchasers who are ready to pay them handsomely for these acts of chicanery and betrayal. The comunidades or gaunkaris traditionally auctioned community lands to generate income for maintaining host of village services. These provisions of auctioning lands has been used by managing committee members to loot the comunidade lands for their narrow selfish greed. While 80 per cent of the illegal occupants on community lands are migrant vote banks promoted by politicians, about 20 percent of the occupants are locals, few of them poor and deserving. However, even those who have ‘purchased’ comunidade lands are illegal occupants, since both arrendamento and afframento lands are not subject to lease or tenancy and they can’t be sold. A recent judgement by the High Court has reportedly ordered for demolition of 35 bungalows constructed at Sirsaim on Tivim comunidades land, according to a Bardez comunidade attorney. A KTC employee who was the Attorney of Tivim comunidade allegedly signed agreements and gave NOCs to the so called purchasers who produced it before the Village panchayat secretaries who in turn gave NOC for construction. The illegal occupation when challenged in the court, exposed how managing committees themselves are involved in looting the land with presumed handsome monetary gains for themselves. In any case under Art 348 (III) of the Constitution, unless there is an authentic translation of a law and unless the legislature notifies this translation in the Official gazette, no amendments can be made by legislature and which means no sale of comunidade land can be permitted since there is no authentic translation thus far, informs Adv Andre Pereira, Secretary of the Association of Components of Comunidades, who had filed a case to protect comunidade lands in the Supreme Court. In 1970, the government of Goa through a notification forbade the traditional auction of comunidade land. However, the managing committees continued illegally with auctions, and connived with relatives to bid at auctions. With their leases renewed after every three years, they asserted tenancy rights to usurp the land though the Tenancy and Mundkar Acts which do not apply to Comunidade land as clarified by the Supreme Court Judgement in the absence of state grant, says Adv Pereira. A highly placed official stated that in Tiswadi, and other Comunidades, relatives of Gaunkars and managing committee members approach Mamlatdars to legitimize them as tenants under the Tenancy Act. Mamlatdars, who act under the Land Revenue Code, have no jurisdiction on this land as Comunidades are governed by the Code of Comunidades. Yet, Mamlatdars took ex-parte decisions and bestowed ownership not only of the land but even of sluice gates, the official stated. No tenancy rights apply to sluice gates but due to the exorbitant price of fish, even sluice gates have become the object of greed of managing committee members and their relatives and friends. While the Goa government has in a legislation forbidden gaunkars and state government servants from occupying bidding at auction of comunidade land, there is need to agitate to ensure that Central Government enacts a legislation to ban Central Government servants are banned from occupying comunidade lands, as stated by the Attorney of a Bardez comunidade which he says has seen plunder of land by huge shanties of migrants supported by the MLA, who is now in government. In fact, the code strictly stipulates that even if one’s wife or children have land/property in any part of Goa, they are not eligible to occupy comunidade land, thus leaving the majority of loot of comunidade land to migrants who do not have land in Goa. But either way, comunidade managing committees are guilty of bartering the civilisational heritage and killing the goose --the land, that would sustain the communities for generations. http://www.heraldgoa.in/News/Main%20Page%20News/COMUNIDADES-KILL-THE-GOOSE/62791.html