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    2 Vibhasha | November December 2011

    The ormation o a collective

    o Civil Society Organizations,

    aimed at promoting language

    rights in Sri Lanka, took placerecently. The Centre or Policy

    Alternatives, Eastern United

    Womens Organization,

    Movement or the Deense o

    Democratic Rights, National

    Fisheries Solidarity Movement,

    People Help Foundation

    Mannar, Rural Development

    Foundation Vavuniya,Foundation o Rural Economic

    Development Panama and

    the Trincomalee Sarvodaya

    Shramadana Movement, act as

    members o this collective.

    Thus ar, this collective

    has established approximately

    150 language committees in

    the North and East, and haveconducted approximately 600

    awareness raising programs on

    language rights.

    The collective had also

    made preparations to conduct

    a public discussion regarding

    the promotion o language

    rights in commemoration o

    the International Human RightsDay which ell on the 10th o

    December.

    A special report on this

    discussion will be published in

    the subsequent issue o Vibhasha.

    Language rights violated; legal actionagainst the University Grants Commission

    A collective ormed or the promotion o language rights

    The Centre or PolicyAlternatives is presently in the

    process o initiating legal actionagainst the University GrantsCommission, as the languagerights o the Tamil citizens o SriLanka have been violated as aresult o many o the coursesconducted by the Institute oHuman Resource Advancement(IHRA) o the University oColombo being available in theSinhala and English mediumsalone.

    Chapter IV o the SriLankan Constitution sets outthe provisions on language,o which Article 21 covers thelegal ramework regarding themedium o instruction. Theconstitution states thus:

    21. (1) A person shall beentitled to be educated throughthe medium o either o theNational Languages:

    Provided that the provisionso this paragraph shall not

    apply to an institution o highereducation where the medium oinstruction is a language otherthan a National Language.

    (2) Where one NationalLanguage is a medium oinstruction or or in any course,

    department or aculty o any

    University directly or indirectly

    nanced by the State, theother National Language

    shall also be made a medium

    o instruction or or in such

    course, department or aculty

    or students who prior to their

    admission to such University,

    were educated through the

    medium o such other National

    Language:

    Provided that compliance

    with the preceding provisions

    o this paragraph shall not be

    obligatory i such other NationalLanguage is the medium o

    instruction or or in any like

    course, department or aculty

    either at any other campus or

    branch o such University or o

    any other like University.

    (3) In this Article "University"includes any institution ohigher education.

    According to Article 12(1)and (2) o the Constitutiono the Democratic SocialistRepublic o Sri Lanka, no citizenshould be discriminated againston the grounds o language.

    The undamental right relatedto language in Article 12(2)provides thus:

    12(2) No citizen shall bediscriminated against on thegrounds o race, religion,

    language, caste, sex, politicalopinion, place o birth or anysuch grounds.

    However, several coursesconducted by the Institute oHuman Resource Advancement(IHRA), such as

    Diplomain Drug Abuse

    Management Studies

    BachelorofLaborEducation

    CerticateCoursein

    Counseling Psychology

    leading to Diploma

    are limited to the Sinhala

    and English mediums.

    Speaking on the issue, Mr.

    Niran o the Legal Unit o the

    Centre or Policy Alternatives

    told the Vibhasha Newsletter

    that his investigations

    conrmed that no other

    University within to the

    University System o Sri Lanka

    carried these courses in the

    Tamil language. He added that

    the Tamil citizens would not

    ace this injustice i, at least,

    another University in Sri Lanka

    conducted these courses in

    Tamil.

    He urther stated that

    he will be taking necessary

    steps in the near uture to

    bring legal action against theUniversity Grants Commission,

    as several Universities other

    than the University o Colombo

    conducted a number o

    courses that are limited to one

    language.

    VibhashaNovember December 2011 A publication o the Centre or Policy Alternatives Volume II Issue II

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    3Vibhasha | November December 2011

    As a result o complaints

    received, regarding the lack orailway trac inormation in

    all three languages, Sri Lanka

    Railways has taken steps to enable

    announcements at all railway

    stations, in all three languages in

    the near uture.

    Language battle at the railway station;Announcements in all three languages commence

    Cadre o 350 capable o

    working in Tamil join the Police

    Addressing a public discussion held in Colombo to commemorate

    Human Rights Day, the Minister o National Languages and Social

    Integration Vasudeva Nanayakkara stated, that the government has

    taken steps to enroll 350 persons capable o working in the Tamil

    language, as Police Constables to work in the North and East areas,

    with the intention o providing a solution to problems aced by Tamil

    citizens o these areas in seeking Police assistance in their mother

    tongue.

    The Minister added that this measure was taken as a rst step,

    and will be expanded on in the uture.

    The Minister voiced these opinions while addressing a PublicDiscussion on the Promotion o Language Rights in Sri Lanka, held

    on the 12th o December at the Mahaweli Centre, organized by the

    Civil Society Organization Collective ormed to promote language

    rights in Sri Lanka.

    Complaints made to fve organizationsrequesting language rights in the marketplace

    The Centre or Policy Alternatives has lodged complaints with 5organizations, regarding usage and other essential inormation related

    to medication sold in the local market, not being made available to

    the consumer in the ocial languages o this country.

    As we had highlighted in the lead story o the previous issue o

    Vibhasha, the basic inormation related to the majority o medicinal

    products available in this country, is provided solely in the English

    language. As emphasized therein, this violates not only the

    language rights o the citizens o this country, but also their rights as

    consumers.

    As such, with the intention o seeking redress against this problem,

    the Centre or Policy Alternatives has submitted complaints to the

    Ocial Languages Commission, as well as the Consumer ProtectionAuthority. In addition, complaints have also been made by the Centre

    or Policy Alternatives, to the Cosmetics, Devices and Drugs Authority

    Technical Advisory Committee (CDDATAC), the Presidential Initiative

    or a Trilingual Sri Lanka, and the Drug Regulatory Authority o Sri

    Lanka.

    Numerous complaints

    regarding this issue had beenreceived by several organizations

    including the Ocial Languages

    Commission in the recent past.

    The Centre or Policy Alternatives,

    has also lodged a complaint

    with the Ocial Languages

    Commission, regarding

    announcements at a number orailway stations, including the

    Anuradhapura railway station,

    being made only in the Sinhala

    language.

    According to a statement

    made by the Sri Lanka Railways

    Director Planning Mr. Vijaya

    Samarasinghe in the recent

    past, except or at key stations,

    announcements were not being

    made in all three languages at the

    majority o railway stations. Citingpersonnel related problems as the

    reason; he added that the sta

    will be provided the necessary

    training and employed in the task

    in the uture.

    In keeping, the necessary sta

    training commenced recently

    under the initiative o the Ocial

    Languages Commission. As at

    present, 50 persons engaged

    in announcement activities at

    railway stations, have received thistraining.

    While the rst group

    comprising 25 persons received

    their training on the 28th and

    29th o November, the second

    group received their training on

    the 6th and 7th o December.

    The resource contribution or

    this training conducted under the

    initiative o the Ocial Languages

    Commission was made by the

    Institute o Human ResourceAdvancement o the University o

    Colombo.

    Railway trac

    announcements at all stations are

    expected to be made in all three

    languages in the near uture.

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    4 Vibhasha | November December 2011

    It seems that a new discourse

    on an old subject is emergent within

    the country at present. However, the

    skeptics that question the sincerity

    and meaningulness o this discourse,

    and renewed interest in the language

    rights in Sri Lanka, are also not in

    shortage.

    This skepticism is also notunounded. The numerous harsh and

    disappointing experiences o the past

    orm the basis or this doubt.

    I one were to list out all

    the problems aced by Sri Lanka

    throughout her history, the

    aorementioned language rights

    would top the list.

    It is also no secret that this

    problem, which intensied in the

    years ollowing independence, was

    a key actor that resulted in thecountry eventually plummeting into a

    dreaded war zone.

    Even in those early days, it

    is not that there were no leaders

    who understood the gravity o the

    problem and attempted to set the

    country on the right track. Some even

    put their lives on the line in their

    eorts. However, the victors were

    those who overpowered these eorts

    with their own attempts to intensiy

    the problem. In the end, the countrysinheritance was the 30 year unending

    fames o war.

    Now the fames have died and

    the war has ended. And pledges o

    never letting a repetition occur are

    being made.

    It is within such a backdrop that

    the present discourse on language

    rights in Sri Lanka is unolding.

    Numerous workshops, conerences

    and lectures are at present being

    conducted to raise awareness on

    language rights amongst the citizenryo this country.

    At rst glance, this seems a

    positive development. Various issues

    that were suppressed during the last

    thirty years by the terrorizing war

    environment are yet again being

    brought up or discussion as a result.

    However, key amongst the questions

    raised, is that which asks how helpul

    this discourse will be in providing

    solutions to the problems people at

    the grassroots level ace in their daily

    lives. While such doubt and dismay

    ounded in past experience may be

    justifed, we must understand that

    an increase in public interest is step

    one o any process o resolution. In

    this light, we must be able to view

    this renewed interest with positivity.

    The medias ability to draw public

    as well as policy makers attention to

    problems related to language rights,

    is also due or special consideration.

    While our past experiences with

    the media have been less than

    satisactory, not all hope should be

    lost. It is the media that is responsible

    or bringing the problems related to

    language rights aced by the average

    person, to the attention o society

    at large. Journalists, as well as the

    various pressure groups working on

    language rights should understand

    this ability that the media possesses,

    and work towards using it or societalprogress.

    What is meant here is not the use

    o media to create media circuses, but

    rather the use o media as a platorm

    through which to bring societys

    attention to real problems related to

    language rights, and seek solutions

    or the same.

    However, this responsibility

    should also not be underestimated as

    one that can be ullled by the media

    alone. What the media has at presentis a journey that is merged with the

    parallel social activism related to

    language rights. When examined in

    comparison to the past, one could say

    that the situation today is somewhat

    positive, as neither the various social

    orces working on language rights,

    nor the media, seem to be aced with

    the kind o direct adverse pressures

    they were aced with a ew decades

    ago.

    The main obstacle today isthe inadequate dedication and

    enthusiasm seen on the part o

    responsible parties. The article

    published on page 16 o this issue o

    Vibhasha can be cited as one simple

    example o this.

    The article speaks o a problem

    related to a government sponsored

    billboard displayed in proximity to the

    Colombo Town Hall. As the billboard

    was not displayed with sensitivity

    to language rights in Sri Lanka, the

    Chairman o the Ocial Languages

    Commission was aced with the

    need to rectiy this problem. As such,

    while the Chairman contacted the

    relevant responsible parties o the

    Ministry o Health several months

    ago, inorming them o the error, no

    change whatsoever is seen on the

    billboard as yet.

    The Minister o National

    Languages and Social Integration

    Vasudeva Nanayakkara presented

    another example o a language rights

    violation rom the recent past. A large

    number o Sinhala as well as Tamil

    speaking persons visit the Colombo

    National Museum on a daily basis. The

    majority o them are students rom

    ar fung areas o the country. There is

    not a single Tamil speaking employee

    at the National Museum to provide

    them with inormation related to

    the exhibits. Having understood thegravity o this problem, the Minister

    has over the last ew months been

    pressuring the Museum authorities

    to hire two Tamil speaking sta

    members. However his eorts have

    yielded no results thus ar.

    Bothincidentsdonotbodewell

    or the dream o a uture Sri Lanka

    with established language rights.

    What they indicate is the same old

    country that is insensitive to language

    rights. One might cite the problemo inecient administration that we

    all ace oten in this country as the

    reason or this. Another might say the

    lawsexistbutarenotenforced.But

    what the country is in need o today

    are not excuses, but solutions to the

    problem.

    Mr. S.G Punchihewa in his

    publication Language and Humanity,

    points out administrative shortall is

    nothing new by citing the ollowing

    representation made by the All

    Ceylon Tamil Congress at the Soulbury

    Commission Evidence Hearings.

    Discrimination against the

    Ceylon Tamils arises not so much rom

    legislative as rom administrative

    or executive acts o commission or

    omission.

    I this allegation made by the

    ACTC at a time beore independence,

    is still valid or the present day, what

    does it say o the independence we

    have achieved?On the other hand, proo that

    administration is not a problem when

    the need exists, is aplenty.

    This act has been proven time

    and again both in the case o the

    war as well as through subsequent

    post war urban development and

    accelerated development projects.

    As such, this administrative

    passivity should not be allowed

    validity as a reason with regards to

    problems o language rights alone.

    Becauselanguagerightsissues,

    and related arising problems,

    are second to none amongst the

    problems aced by this country.

    An accelerated plan to

    win language rights as well

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    5Vibhasha | November December 2011

    To page 14

    No. Respondent Complaint Oce

    reported to

    Date o

    complaint

    Case number

    1 Senior Superintendento Police Vavuniya andInspector General oPolice

    Police Ocers o Police Stations within the VavuniyaPolice Division recording complaints and statementsmade by Tamil speaking persons in Sinhalese

    Head OceColombo

    08/11/2011 HRC/3464/2011

    2 Senior Superintendento Police Ampara andInspector General o Police

    Police Ocers o Police Stations within the AmparaPolice Division recording complaints and statementsmade by Tamil speaking persons in Sinhalese

    Head OceColombo

    08/11/2011 HRC/3467/2011

    3 Senior Superintendento Police Trincomaleeand Inspector Generalo Police

    Police Ocers o Police Stations within theTrincomalee Police Division recording complaintsand statements made by Tamil speaking persons inSinhalese

    Head OceColombo

    08/11/2011 HRC/3465/2011

    4 Senior SuperintendentofPoliceBatticaloaand

    Inspector General oPolice

    PoliceOcersofPoliceStationswithintheBatticaloaPolice Division recording complaints and statementsmade by Tamil speaking persons in Sinhalese

    Head OceColombo

    08/11/2011 HRC/3463/2011

    5 Station SuperintendentMaho Railway Stationand General ManagerRailway Department

    Announcements regarding railway trac not beingmade in the Tamil language at Railway Stations

    Head OceColombo

    08/11/2011 HRC/3470/2011

    6 Station SuperintendentPolgahawela RailwayStation and GeneralManager RailwayDepartment

    Announcements regarding railway trac not beingmade in the Tamil language at Railway Stations

    Head OceColombo

    08/11/2011 HRC/3471/2011

    7 Station SuperintendentGaloya Railway Stationand General ManagerRailway Department

    Announcements regarding railway trac not beingmade in the Tamil language at Railway Stations

    Head OceColombo

    08/11/2011 HRC/3469/2011

    8 Station SuperintendentAnuradhapura RailwayStation and GeneralManager RailwayDepartment

    Announcements regarding railway trac not beingmade in the Tamil language at Railway Stations

    Head OceColombo

    08/11/2011 HRC/3468/2011

    9 Chairwoman UrbanCouncil Maharagama

    Street signboards not containing the street name inthe Tamil language

    Head OceColombo

    08/11/2011 HRC/3462/2011

    10 Chairman PradeshiyaSabha Thirappane

    Street signboards not containing the street name inthe Tamil language

    Regional OceAnuradhapura

    08/11/2011 HRC/AP/555/11/I

    11 Chairman PradeshiyaSabha Thirukkovil

    Street signboards not containing the street name inthe Sinhala language

    Regional OceKalmunai

    08/11/2011 HRC/KL/177/11/R

    The Minority Language

    Rights Promotion andEmpowerment Program o the

    Centre or Policy Alternatives

    has to date submitted 14

    complaints related to the

    violation o language rights

    in this country, to the Human

    Complaints food in to the Human Rights CommissionRights Commission o Sri Lanka

    and its regional oces.According to the response

    received by the Human

    Rights Commission when

    queried, investigations into

    the complaints are already

    underway.

    These complaints have been

    led on the grounds that theundamental right All persons

    are equal beore the law and are

    entitled to the equal protection

    o the law as set out by Article

    12(1) o the Constitution, have

    been violated.

    A summary document regarding these complaints submitted to the

    Human Rights Commission o Sri Lanka is available below.

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    6 Vibhasha | November December 2011

    It is a requently seen

    act, that most groups that

    speak o language rights

    ocus their attention solely

    on its related legal provisions.

    Their importance cannot be

    underestimated. However, when

    looking beyond legal provisions,

    it becomes evident that it is

    a grave shortall to not ocus

    attention on the impact o social,

    economic and political actors on

    language rights.For example, education

    can be considered a key actor

    that impacts language rights.

    It cannot be accepted that

    universal equality o language

    rights could be realized within

    a situation in which the right

    to education is unequal. I this

    point were to be explained

    quite simply, literacy could be

    cited as a key actor that aects

    language rights. As is the case

    with a multitude o resources, itis no secret that a discrepancy

    exists with literacy as well in this

    country. While on the one hand

    a discrepancy in literacy exists

    within the city and the village,

    on the other hand a discrepancy

    also exists within the city and the

    plantation, as well as the village

    and the plantation.

    This discrepancy is ounded

    within the education sector. This

    inconsistency can be identied

    via a number o visages.

    According to the 1997 report

    o the Presidential Task Force

    on General Education, o the

    total population o children o

    Sri Lanka, 14% o the children

    within the ages o 514, which

    is considered the compulsory

    school going age, do not attend

    school. It also stated that only

    1/5th o the students o grade

    5 had reached the Expert skill

    level in writing. O the students

    that sat the GCE Ordinary Level

    exam in 1995, 10% had ailed

    all 8 subjects. O the Advanced

    Level students, 1/11th had

    ailed all 4 subjects. This was

    the general situation withinthe country at the time. Given

    that the plantation sector is in

    a much more regressive state

    in comparison to other zones

    within the country, its situation

    was ar more pathetic. According

    to reports by the Ministry o

    Education in 2006, o the total

    number o students between

    grades 1 and 6, only 58%

    continue studying beyond the

    6th grade. In other words 42%

    leave school at the 6th grade.

    93% leave school between the

    11th and 13th grades. Only

    0.002% qualies or University.

    As such only 10 children

    representing the plantation

    sector qualiy or University each

    year.

    The discrepancy in literacy

    is also the same. When literacy

    is 94.5% amongst the urban

    segments, it is 76.9% within

    the plantation sector. The

    publication Human Security

    in the Hill Country quotes thePALM Foundations 2004 Interim

    Plan January Issue, according

    to which a survey conducted

    in 1996/7 showed that while

    the non schooling population

    in the urban and rural sectors

    were 5.9% and 7.9% respectively,

    the non schooling population

    amongst the plantation sector

    was 23.9%.

    The teacher shortage is a key

    problem that drastically aects

    education in the plantation

    sector. As at May 2003, while

    the teacher shortage or Tamil

    Medium schools was 10121,

    the teacher excess or SinhalaMedium schools was 6704

    (Education Progress - 2003).

    Teacher problems have had

    their impact quantitatively, but

    also qualitatively. Oten they

    have been recruited or service

    with minimum educational

    qualications as well as training.

    The in-service trainee teachers

    situation is also no dierent.

    While the shortage o Sinhala

    Medium in-service instructors

    was 9%, the shortage o Tamil

    Medium in-service instructorswas 51%.

    While increases and

    decreases in these gures

    may have occurred over time,

    one does not however need a

    numbers tally to make clear that

    a drastic inconsistency exists in

    the distribution o education

    resources even today, between

    the city and the plantation

    sector, as well as the village

    and the plantation sector. The

    discrepancy is plainly visible.On the other hand, it is

    not only direct acilities that

    impact education. The state o

    transportation acilities, housing,

    water, health, sanitation and

    the amilys level o income

    also have a decisive impact on

    it. Accordingly, the National

    Education Commission

    calculated a Composite Indexin 1990 encompassing these

    actors.

    This amply illustrated the

    discrepancy, with Colombo

    District showing a score o 77,

    while the Monaragala District

    showed a score o 41. While

    the Western Province showed a

    score o 65, the Uva and Central

    Provinces showed a score o 45

    and 50 respectively. Given that

    the Uva and Central Provinces

    represent the plantation sector,there is no doubt that this

    inconsistency has most adversely

    aected the plantation sector.

    Even within the Provinces,

    it is evident that there is

    inconsistency in the distribution

    o these resources between

    the village and the plantation.

    As such, this inequality in the

    distribution o acilities which

    can be considered inrastructure

    or education has undoubtedly

    drastically impacted educationwithin the plantation sector.

    In addition, ve other actors

    o infuence that are directly tied

    in with ormal education can be

    identied.

    I. An increase in educational

    opportunities

    II. An increase in the quality o

    education

    III. The development o practical

    and technical skills

    IV. Teacher education andteacher training

    V. Provision and management

    o resources

    It is clear that the situation in the

    plantation sector regarding these

    ve actors is also not one which

    is healthy. According to all these

    reasons, the plantation sector

    is in a severely disadvantaged

    position with regards to the

    equal right to education. On

    the other hand what is evidentis that there is also no short

    term solution to this situation o

    disadvantage.

    Language rights,education rights andthe role o Community

    Based Organizations

    To page 10

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    7Vibhasha | November December 2011

    Let me rst express my appreciation

    o your decision to make Sri Lanka the

    venue or this Ninth Conerence on

    Language and Development. I believe

    at this time o our history, the holding

    o this conerence is signicant.

    In Sri Lanka, today we are speaking

    the language o peace. I am sure that

    your decision to hold this conerence in

    Colombo is urther proo o the peace

    that prevails in our country ater a long

    period o confict, terror and immense

    hardship to our people. During thethree decades o terror and mayhem

    that we experienced, not many wanted

    to come here. With the elimination o

    terrorism, the situation has drastically

    changed. Sri Lanka is becoming a

    destination or business, leisure and

    tranquility.

    Language, as we all know, is

    a means o communication and

    understanding. However, our own

    experience shows that language can be

    an instrument o division and confict,too. I am, thereore, pleased that this

    conerence with its theme o Language

    and Social Cohesion will have special

    relevance to Sri Lanka, as it would also

    An international conerence that is o great

    signicance to Sri Lankas current post war era,

    ollowing a 30 year confict, was held or 3 days in

    Colombo last October rom the 17th to the 19th.

    Known as the International Language and

    Development Conerence, its theme this time

    was Language and Social Cohesion. It is no secret

    that language rights were at the ore amongst the

    issues that post independence Sri Lanka battled

    over. It is also no secret that language was key

    amongst the various actors that led to war.

    While it is o great importance that a

    conerence o this nature was held in this country

    under such a backdrop, its results should also be

    elt by society.

    The President, Senior Minister Scientic

    Aairs and a considerable number o participants

    rom ministries including the Ministry o

    Education represented the government sector,

    while Universities and Educational Institutions

    were represented by a considerable number

    o academics. There was also signicant

    representation o Non Governmental

    Organizations and as well as the internationalcommunity at the conerence.

    It is reported that many great ideas were

    voiced therein. There is no debate on that act.

    However, questions arise as to what the results

    received were rom this conerence in a post war

    country, and whether a conerence o this nature

    received adequate attention. Did an adequate

    discussion take place within society regarding it?

    Is societys knowledge on the discourse therein

    sucient? Such awareness is not at present

    visible amongst the groups interested in the

    subject, nor amongst organizations within thecommunity. Under such a situation, the question

    as to whether this conerence became just

    another amongst a multitude o conerence held

    in this country, cannot be avoided.

    As a country that battled with language

    rights throughout its post independence history,

    and has many scars to show or it, this need not

    be the case in Sri Lanka.

    This discourse should be taken to the people.

    A change that can be elt by the people should

    occur.

    In any case, a ew ideas brought orth by the

    President and the Minister o National Languages

    and Social Integration Vasudeva Nanayakkara

    while addressing the conerence are published

    herein or the readers attention.

    be o much value to other countries o

    the developing world.

    Sri Lanka is at present implementing

    a policy that seeks to use language

    to bind our people together. We

    are committed to saeguarding the

    language rights o our people and also

    transorming Sri Lanka into a tri-lingualcountry with the use o English as a

    link language among our communities.

    English would also be the vehicle or

    our children to access knowledge, as we

    envisage becoming a knowledge hub in

    the region. Our primary ocus however

    would be to ensure that people o this

    country, irrespective o their ethnicities

    will learn the main languages, Sinhala

    and Tamil, to communicate with each

    other.

    We are ready to learn rom theadvances o language teaching that

    can help the progress o pluralism in

    our society. We see the importance o

    language or economic development,

    especially in improving employment

    opportunities or our youth, enabling

    social mobility among our people, and

    opening the way or us to participate in

    the global economy.

    In the eld o education we see the

    important role that language can play in

    social integration. It is or this purpose

    that we have introduced new policies

    or teaching English and Inormation

    Technology, to take the latest advances

    in knowledge and technology to all

    parts o our country.

    In pursuance o this objective 2009

    was declared as the year o English

    and IT, purely to give strong emphasis

    to the teaching and learning o these

    two vital areas o education. We look at

    English as a Lie Skill that would enableour children to orge ahead in lie and

    become global citizens.

    International

    Language and

    Development

    Conference

    Sri Lanka is committed to protectinglanguage rights o all ethnicities

    President says at the International Language

    and Development Conerence

    In the eld o education

    we see the important role

    that language can play in

    social integration. It is or

    this purpose that we haveintroduced new policies

    or teaching English and

    Inormation Technology, to

    take the latest advances in

    knowledge and technology to

    all parts o our country.

    To page 14

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    It is no secret that

    virtually all Sri Lankan

    indigenous communities

    are presently aced with

    numerous challenges

    with regards to their

    language and cultural

    identities. The most at

    risk amongst them is the

    language and cultural

    identity o the Vaakarai

    indigenous community.

    Their indigenous Veddah

    language has all but

    disappeared rom use.

    This article examines

    the lives o the Vaakarai

    Coastal Veddahs that

    are commonly known

    as the Tamil Veddah

    community.

    Without a mother tongueThe Coastal Veddah Community

    We have no transport to

    get anything done. We have to

    walk six miles on oot beore

    we reach the bus route. This is

    the reason as to why we see no

    development Kannamuththu

    Sellathamby says with tearul

    eyes.

    He is the indigenous leader

    o the Koongnankulam village.

    This community commonly

    known as the Tamil Veddahs,

    liveintheBatticaloaVaakaraiarea. The number o indigenous

    amilies that live there is 67.

    What is special about them is

    that they speak Tamil instead

    o the Veddah language, and

    some o them have adopted

    Christianity.Beforebeingmoved

    to the Koongnankulam colony

    lands, they lived in the jungles

    o Karamunai. Later they were

    given 3 acres o paddy land

    and one acre o land rom theMankeni area, and relocated.

    Subsequently, some o them

    moved to the Koongnankulam

    village due to the war that

    ravaged their areas in the 80s.

    We rarely go to the woods

    to gather honey now. I we do

    intend to go we need to obtain

    permits rom the Army. Most o

    us are engaged in arming. We

    travel to Mahiyanganaya to workas labourers on paddy elds.

    We sh rom the lake. Produce

    dried sh or sale the leader o

    the Veddah community tells us.

    The leader o the Coastal Veddah

    community also attended the

    Indigenous Peoples Conerence

    which was held recently. The

    requests he made while there,

    are as below.

    01. Renovate the roads

    02. Provide the village with a bus

    03. Provide the village with

    hospital acilities

    04. Provide the village with

    electricity

    05. Provide the village with water

    or drinking and irrigation

    acilities or arming

    The Veddah leader

    anticipates that at least one o

    these requests will be providedor, ollowing participation at the

    conerence.

    A ew Veddahs

    commented that their God was

    Muththukaattu, but that they

    worshipped God Mariyamman at

    present.

    There are only two wells

    or the entire village. We walk

    about a mile to etch water. We

    have no place to bathe as thelake dries up. There is no one to

    even tell the President o our

    plight. It has become hard to

    go to bathe. Please at least tell

    the President o our sorrows

    Kanapathi Raasamma, the wie o

    the leader o the Kungnankulam

    village says. She adds that the

    house they live in was built

    by the Army camp and that

    assistance in varied orm has

    also been received rom various

    organizations.

    Vijaya Kumar, the Chairman

    o the Mankeni coastal village

    is married to the eldest

    daughter o the indigenous

    leader. Her name is Dayabadee.

    Their eldest son is Norbert.

    The second is Jemson Raj.

    This shows the nature o their

    names.

    Now many are mixed withTamil people. Thereore they

    dont know their mother tongue.

    They speak Tamil. Sometimes

    Muslims scold us calling us

    Veddahs. The reason or this

    is conrontations that occur

    when doing business in sh

    sales says Vijaya Kumar, who is

    the President o the Mankeni

    Fisheries Association. Ourindigenous community lost

    their property to the tsunami.

    We managed to gather what

    was missing with the aid o

    the government and other

    organizations. We got 12 boats.

    We have received 120 boats

    through the committee Vijaya

    Kumar said.

    Pakyarasa Siri Nandani is the

    mother o one.

    Her husband makes a living

    working as a labourer. She states

    that her ather speaks the Veddah

    language fuently, though she

    hersel only knows Tamil as a

    result o growing up in a Tamil

    speaking society rom childhood.

    Many lost their Identity

    Cards during the war. Identity

    cards were made and given to

    us. The gentlemen o the Army

    intervened to get a Registrarto marry the amilies that were

    living without marriage. O the

    67 amilies in our village, 33 live

    as actual indigenous people.

    Butthisfactorchangingsoon

    is a cause or disappointment

    Pakyarasa Siri Nandani said.

    The children o these

    indigenous people study in

    Tamil medium schools. As

    such, their socialization as a

    community that belongs to

    the Hindu culture is evident.

    Ranjani Jayanthi Mala who

    studies at the Madurankelikulam

    Arasinal Tamil medium school,

    is preparing to sit or the 2010

    GCEOrdinaryLevelexam.But

    she eels uncertain o the uture

    due to deciencies at the school.

    Four people will be sitting the

    examwithme.Butwedont

    have teachers or Mathematicsand Sinhala. There is a Christian

    Church as well as a Kovil.

    Thereore during prayer time in

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    9Vibhasha | November December 2011

    Media can play an immense role in

    rights and engendering social discours

    Belowareafewnewsitemsonthe

    and Tamil language newspapers in the

    how language rights issues are depicte

    No incentive payments itranslators are used when

    language knowledge existsA circular by government administration to

    organization heads

    Jayantha Samarakoon

    20.10.2011 The Ministry o Public Administration and Home Aairs has

    decided to halt incentive payments o government ocials who have

    language prociency but use the assistance o translators.

    SecretarytotheMinistryP.B.Abeykoonhasnotiedallministries,

    ministerial secretaries, provincial councils, and the heads o all

    organizations o the same via a circular. This circular has been issued

    as a result o the majority o government ocials procient in

    Sinhala, Tamil and English using translators or ocial tasks while also

    collecting on the incentive payments.

    The circular states, that government ocials who have language

    prociency, should not seek the assistance o translators, and that

    their incentive payments will be halted in the event that they do.Junior government ocials who have passed the National Language

    Prociency Exams receive an incentive payment o 15,000 rupees,

    while ocials o the clerical grade receive a payment o 20,000 rupees

    and sta grade ocials receive a payment o 25,000 rupees.

    A survey to study theimplementation o the

    Ofcial Language PolicyAnusha Gurusinghe

    12.10.2011 Dinamina

    Mihiri Fonseka

    13.10.2011 Lakbima

    Action will be taken against

    government ocials who,

    when spoken to in a mother

    tongue, by a person seeking

    assistance on an ocial matters,

    reply in a dierent language

    though they have knowledge

    o the mother tongue, Minister

    o National Languages and

    Social Integration Vasudeva

    Nanayakkara said.

    He added that his Ministry

    is currently in the process

    o teaching Sinhala to Tamil

    ocials and Tamil to Sinhala

    ocials, but that he has

    observed that ocers, who have

    passed language prociency

    exams and received an increase

    in pay, do not conduct their

    work in the second language.

    The Minister requested that

    ocials rerain rom doing so as

    it violated the citizens right to

    work in their mother tongue. He

    pointed out that Sinhala ocials

    would have to be transerred to

    Tamil areas and Tamil ocials

    to Sinhala areas in order to

    prevent this rom happening,

    stating that they would then

    instinctively become amiliar

    with utilizing the language.

    He stated that enabling any

    citizen to work in his or her

    mother tongue is the Ocial

    Language Policy, adding that

    his Ministry is at present in the

    process o teaching 26,000

    government ocials a second

    language with the objective o

    providing this acility.

    Minister Vasudeva Nanayakkara

    stated the above at a press

    conerence held at the Ministry

    o National Languages and

    Social Integration located at the

    RajagiriyaButhgamuwaroad.

    He urther stated that sending

    ocial documentation, leafets

    and orms printed in Sinhala

    alone to the North and East, has

    been stopped. He added that he

    should be notied with details iany ocial is violating this order

    and is sending documentation

    printed in Sinhala alone.

    The Minister added that his

    Ministry has a unit that is

    capable o working in both

    Sinhala and Tamil languages,

    and that it was his goal to

    establish a unit that could

    work in both languages at all

    Ministries.

    Do not violate citizens right towork in the mother tongue

    Advice rom Minister Vasu

    A special survey is being

    conducted to study the proper

    implementation o the OcialLanguages Policy within

    government organizations o the

    Western Province.

    Implemented under the

    advisement o the Minister

    o National Languages and

    Social Integration Vasudeva

    Nanayakkara, the survey is

    intended to cover 12 Police

    Stations, 13 Provincial Secretariats,

    14 hospitals and 04 Courts

    complexes within the Colombo,

    Gampaha and Kaluthara districts.

    A survey team o approximately

    75 persons has been employed

    to study the manner in which

    the Ocial Language Policy is

    implemented and to identiy

    problems that exist therein. The

    survey team that consists o

    University students, was recently

    provided the necessary trainingat the Ministry, and instructed on

    the objective o conducting the

    survey.

    It is also intended to identiy

    the tactics used in the proper

    implementation o the Ocial

    Language Policy within the

    Western Province, with the

    intention o incorporating them

    into uture programs.

    It is anticipated that steps will

    be taken to conduct the survey

    in a manner that covers other

    provinces o the island upon

    completion o the Western

    Province.

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    Requests to appoint a Sinhala language teacher

    Steps will be taken to ensure productivity o the

    language training provided to government ofcials- Minister Vasudeva Nanayakkara -

    Language Committeescountrywide to promote

    ethnic harmony

    Vasudeva NanayakkaraM.I. Muhammad Faizal

    21.10.2011 Metro News

    The Minister o National Languages and Social

    Integration Vasudeva Nanayakkara stated that aprogram has already been implemented via the

    establishment o island wide Language Committees,

    to enable people to learn various languages, and

    create national harmony.

    In the past, language has been used to incite hatred

    andemphasizedierences.Butthissituationhasnow

    changed. The terrorism that existed or three decades

    has been destroyed and democracy has been properly

    implemented in the North and East as well. Emergency

    Regulations have also been lited.

    Minister Vasudeva Nanayakkara pointed out, that

    it is a highly productive course o action to additionally

    establish Language Committees countrywide, with the

    intention o providing the necessary acilities to create

    bilingualism amongst the ethnic groups, and thereby

    engender mutual understanding and coexistence.

    Maheshwaran Prasad

    Dehiwela Mount Lavinia

    Special Correspondent

    13.10.2011 Thinakaran

    The Minister o National

    Languages and Social

    Integration Vasudeva

    Nanayakkara stated that

    programs will be implemented

    to enable government ofcials

    who have received languagetraining to make use o and

    develop on their training.

    The Minister pointed out

    that there is a segment o

    ofcials who have received

    training, but are not showing

    enthusiasm in utilizing it,

    and that uture steps and

    program implementation will

    be done with the intension o

    eradicating these weaknesses

    and obtaining increased

    productivity rom the training

    that has been provided. Over

    20,000 government ofcials

    have received training in Tamil

    and Sinhala languages to

    date. They have also passed

    the Grade Three language

    examinations.ButMinisterVasudeva Nanayakkara added

    that they show an inability to

    practically utilize the language.

    The Minister urther stated

    that a special mechanism

    will be implemented in order

    to study issues related to

    government ofcials who have

    received training not utilizing it

    properly, and that the necessary

    acts are being gathered or it.

    He added that steps have

    been taken to emphasize the

    usage o the Tamil language

    in ministries and government

    departments.

    The Minister stated that a

    document printed in Sinhala

    alone was sent to a government

    department in the North duringthe previous election, and

    that it has been brought to his

    attention.

    He added that the necessary

    steps will be taken at the

    necessary time in uture in

    order to solve such problems,

    and that measures have already

    been taken in this regard.

    Anuradhapura Central Special Correspondent

    18.10.2011 Thinakaran

    Parents o students rom Tamil medium

    schools located in the Anuradhapura

    District have made requests asking or

    the appointment o Sinhala language

    teachers.

    Tamil and Muslim children living in the

    Anuradhapura District ace dicultiesdue to their lack o Sinhala language

    knowledge. The majority o the Tamil

    speaking populace does not know

    Sinhala. Similarly, the majority o Sinhala

    speakers do not know Tamil. This

    situation has resulted in a great many

    problems.

    Considering this act, parents o the area

    emphasize the need or responsible

    parties to take action in appointing

    Sinhala language teachers to Tamil andMuslim schools.

    Tamil medium schools request theappointment o Sinhala language teachers

    Deniyaya Correspondent

    23.10.2011 ThinakkuralParents and ormer students o Tamil

    medium schools located in the Matara

    District request the appointment o

    teachers who are able to teach Sinhalaas a second language.

    Tamil and Muslim students studying in

    Tamil medium schools in the Matara

    District ace language problems.

    The majority o these Tamil speaking

    students do not know the Sinhala

    language. We have learned that they

    ace various diculties as a result o

    this.

    Considering these actors, the parents

    and ormer students o Tamil medium

    schools located in the Matara District,

    state that responsible authorities

    should act to appoint teachers who

    are capable o teaching the Sinhala

    language to Tamil medium schools.

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    A 50,586,757 strong

    population resides on 1,221,037

    square kilometers o land within

    the Republic o South Arica. It is

    a country that has a heritage ovast cultural diversity. Citizens o

    not only Arican and Asian but

    also European cultural heritage

    live here. South Arica which was

    plagued or a very long time bya dark period o administration

    based on black and white

    divisions, later emerged romthese shadows entering a new

    path in 1996.

    Language, which is one

    essential aspect o culture,

    uniquely aects the South

    Arican people due to the actthat a multitude o languages

    and dialects are spoken therein.

    It is only natural that a greatmany challenges will be aced

    in the process o drating the

    language policy o a country

    with such diversity. However

    they have successully aced thischallenge. They have done so by

    granting Ocial Language status

    to 11 main languages used in

    the country, by way o the 1996

    South Arica has succeeded

    in recognizing a language

    spoken by a mere 1.6% othe countrys population, as

    an Ocial Language.

    This article examines how

    South Arica sets an example

    to the whole world by

    recognizing the language

    rights o even an extremely

    small minority community,

    arming the countrys

    cultural diversity.

    OfcialLanguage World

    Cup to SouthArica

    South AfricanLanguage Policy

    Constitution. Amongst them is

    a western language as well as

    Arikaans which is a language o

    western origin. The remaining 9

    are Arican languages which arehome languages to the various

    ethnic groups.

    As such, the inclusion o

    IsiNdebele, which is spoken by

    a mere 1.6% o the population,

    as an Ocial Language, makes

    evident the eort taken by way

    o the South Arican Constitutionto acknowledge its cultural

    diversity.

    Further, the Pan SouthAfricanLanguageBoard

    Note:

    Jagath Liyana ArachchiAttorney at Law

    Population and language use in South Aricaas per the 2001 Census

    Language Speakers %

    IsiZulu 10,677,315 23.8%

    IsiXhosa 7,907,000 17.6%

    Arikaans 5,983,000 13.3%

    Sesotho sa Leboa 4,209,000 9.4%

    Setswana 3,677,000 8.2%

    English 3,673,000 8.2%Sesotho 3,555,000 7.9%

    Xitsonga 1,992,000 4.4%

    SiSwati 1,194,000 2.7%

    Tshivenda 1,022,000 2.3%

    IsiNdebele 712,000 1.6%

    Other 217,000 0.5%

    Total 44,820,000 100.0%

    established under the

    Constitution, has set out

    conditions or the development

    o all Ocial Languages as

    well as indigenous, pidgin andsign languages. South Arica

    has ocused its attention onpromoting these conditions, as

    well as on the promotion and

    respect o languages such asGerman, Greek, Gujarati, Hindi,

    Portuguese, Tamil, Telegu, Urdu

    and other languages spoken

    within South Arica, as well

    as languages such as Arabic,

    Hebrew and Sanskrit which arealiated with religions.

    These needs will have to be met

    via a long term development

    plan. The elds o policy

    making, development plans

    and reorm procedures are

    relevant to herein. As such,

    an essential rst step is to

    create pressure or such

    a broad course o action.

    However, waiting to see results

    in the long term via such a

    program is also insucient.

    It is a social responsibility toalso design an accelerated

    program through which to

    seek solutions to this problem.

    As such a major responsibility

    fallsonCommunityBased

    Organizations in and around

    the plantation sector.

    In order to realize language

    rights, a program that

    leads rom literacy, across a

    bilingual education, to a broad

    educational outlook, needs tobe designed.

    An expansive education

    program that not only targets

    children but also educates the

    parents within the plantation

    sector is intended herein.

    Two key eatures such an

    education program will need

    to have can be identied thus.

    It should

    1. Bedesignedtotthe

    specic conditions o the

    plantation sector

    2. Not be limited to the

    ramework o a ormal

    education

    A program that can empower

    the populace o the plantation

    sector, taking them rom the

    right to their mother tongue, to

    the right to bilingualism, needs

    to be designed under this. In

    the nal analysis it will notonly be a victory with regards

    to language rights, but also a

    way towards a lie o advanced

    culture.

    Language rights,education rights

    From page 5

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    Then and Now

    Language Policies

    As a result o strongopposition to these Articles bynationalist elements, it became

    just another document. Laws,regulations and circulars are ono relevance within a culture onon enorcement o the existing

    law. Where there is no attitudeo providing rights, there is nopunishment when the lawsproviding or such rights arebroken.

    In studying the history o Sri Lankas language policies, through

    the previous issue o Vibhasha, we discussed the manner in

    which, the declaration o Sinhala as the Ocial Language

    via Act No. 33 o 1956, became a decisive turning point.

    Subsequently the passing o another Act was necessitated. Thatwas the Tamil Language (Special Provisions) Act No.28 o 1958.

    This Act provided or the use o Tamil in state afairs. While it

    contained many provisions ensuring Tamil language rights,

    through this issue o Vibhasha we examine whether it was able

    to bring about the desired results.

    BetweenSinhalabeing enacted the OcialLanguage in 1956, and thenon implementation o the1958 Tamil language Act, therequirement o Tamil civilservants to gain fuency in

    Sinhala within a given periodo time (3 years) began totake eect. Pay raises werestopped. A Tamil civil servant,Mr. Kodeswaran led a caseat the Colombo DistrictCourts, challenging that thissituation was in violation othe Constitution, and won.

    This decision was overturnedby the governments victory atthe Appeals Court. However,Mr. Kodeswaran subsequentlyappealed to the House oLords. It was decided thereinto be in violation o Article29(2) o the Constitution. Thisdecision was only receivedaround 1970. Instead o giving

    Tamil civil servants their right,the government committeda historic oence. To be reeofBritishbonds,itwasalso

    necessary to be reed rom theinfuence o the House o Lords.Further, to keep with nationalistsentiment that was on the rise,

    Sri Lanka was made a Republic.What was the historic oencethat was committed by this?

    1972, Article 6 declaredBuddhismtheStateReligion

    1972, Article 7 reinstatedSinhala as the OcialLanguage as per Act No.33o 1956

    BothaboveArticleswere

    in direct contradiction oArticle 29(2) o the previousConstitution.

    As such, would it not hurtthe eelings o Tamil speakersand persons o other aiths?

    Though two Tamil languageProvisionsBillswereapproved,

    they ell into irrelevance withthe 1972 Constitution. As such,while Acts turned to inactions,the language struggle becamean armed struggle. One solutionto this was the inclusion o Tamil

    as an Ocial Language in 1987.

    However, the acts oomission continued. TheOcial Language Commissionwas established in 1991 asone solution. Later it ell underthe Ministry o ConstitutionalAairs and National Integration.At present, a new programhas been launched under theMinistry o National Languagesand Social Integration, withchanges to the name and

    subject matter.The greatest proo, that the

    discrimination against the Tamillanguage by administrative andexecutive acts reerred to in theSoulbury Commission report,continued well into 2005, isseen in the report issued by theOcial Languages Commissionin June 2005. It reads:

    The Secretarial Divisionswhich have been directed touse both Ocial Languages as

    Languages o Administrationhave so ar ailed to provide asatisactory service to thosespeaking the Tamil Language.(page 5)

    The government hasgenerally ailed to provideacilities to citizens in thoseareas where Sinhala is used asthe Language o Administrationto receive communicationsand to communicate and totransact business in the Tamillanguage. Nor are adequate

    acilities available to citizens inthose areas to obtain copies oor extracts rom or translationo such rom any ocialregister, record, publication or

    other document, in the TamilLanguage. Similarly adequateacilities do not exist or themto obtain translations in Tamilo documents executed by anocial and issued to them. In

    those areas where Tamil is theLanguage o Administrationsimilar problems are aced bycitizens who are entitled toobtain these same services inthe Sinhala Language. (ibid)

    Such injustices causedby the administrative andexecutive cannot be changed bythe law alone. It should changethrough our actions, with intent.I we have love or all humanity,the language that understands

    this love has no sound orimage.Nowords.Bymaking

    language a tool o suppression,discrimination and suspicion,we invite tumultuousnessand anarchy to humans tohumanity. The time or changehas passed by or too long.

    The unjust treatment that

    the Soulbury Commission saw

    A submission made bythe All Ceylon Tamil Congress,at the evidence hearings o

    the Soulbury Commissionwhich was appointed tomake recommendations ora Sri Lankan Constitution, ispresented thus on page 41 o itsreport (1945) under chapter VIIIparagraph 138:

    Discrimination againstthe Ceylon Tamils arises not somuch rom legislative as romadministrative or executive actso commission or omission.

    The Commissions opinion

    regarding this evidence ollows,and is presented thus:

    I discrimination ispracticed against a minority,it is usually by means oadministrative actions whichare more dicult to detectand expose than are legislativemeasures.

    The situation indicatedherein is rom approximately100 years ago. Yet despitecountless laws and regulations,

    evidently, this discriminationby way o administrative andexecutive acts continue to date.

    To the next issue...

    The 56 Act and the 58 Act

    The government

    has generally ailed

    to provide acilities

    to citizens in those

    areas where Sinhala is

    used as the Language

    o Administration to

    receive communications

    and to communicate

    and to transact business

    in the Tamil language.

    S.G. PunchihewaAttorney at Law

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    person acting on behal o anaggrieved person or group opersons, can seek redress romthe Human Rights Commission ithey are discriminated against bya government institution on the

    basis o language, i a governmentocial acts in violation o theOcial Languages Policy, i agovernment institution violatesan Administrative Circular on theOcial Languages Policy, or ia government ocial obstructsany citizens right to speech andexpression in their mother tongueas provided or by Article 14(1)(a)o the Constitution.

    Complaint procedure

    A complaint can be made via

    a letter or by visiting the HeadOce or a Regional Oce o theCommission.

    Investigation procedure

    I your complaint alls withinthe scope o the Commission,the accused parties will beallowed the opportunity to makea statement in response, andattempts will initially be madeto bring the issue to resolution.I resolution is not possible aninvestigation into the issue will beconducted and recommendations

    will be made. The presence oan Attorney is not essential inthe case o a hearing by theCommission. There is no stampduty or any other charge or thisprocess.

    The nature o

    recommendations

    I the accused parties areound to be guilty during aninvestigation, the ollowing actionwill be taken.

    Recommendations will be

    made to Rectiy the error

    Reinstate the status quo

    Pay a ne

    Take remedial action toprevent such a violation rombeing repeated

    The Human RightsCommission can be describedas a simple, low cost andwidely accessible (10 RegionalOces) institution establishedby the government to enable

    to protection o a citizensConstitutional language rights.

    Note:

    Jagath Liyana Arachchi

    AttorneyatLaw(L.L.B)

    When language

    rights are violatedHow to seekredress

    Most citizens o this country

    are aware o the existence o

    a legal system that protects

    their language rights. Most is

    used herein as there may be

    some who may not be aware.

    In any case, having laws alone

    does not ensure that a right is

    protected.

    In order to do so, there

    needs to be a mechanism

    through which to enorce

    the laws as well as to provide

    redress when such a law is

    broken.

    Another essential actor

    is citizens participation in

    seeking solutions when a

    right is violated.

    As such, the citizenrys

    knowledge is a key necessity.

    A citizen o this country

    should gain awareness

    regarding their language

    rights, the steps to be

    taken in the event these

    rights are violated, and

    the organizations through

    which such a process can be

    initiated. Through this series

    o articles beginning herein,

    we intend to inorm you o

    the organizations through

    which redress can be sought

    in the event a language right

    is violated. As such, today

    we will provide you with

    inormation regarding theHuman Rights Commission o

    Sri Lanka.

    Commission o Sri Lanka

    3. The Ocial LanguagesCommission

    4. Parliamentary Commissioneror Administration(Ombudsman)

    O these, through this articlewe will discuss how to le acomplaint with the Human RightsCommission o Sri Lanka and itsremedial procedure in the event alanguage right is violated.

    The Human RightsCommission o Sri Lanka,established by the ParliamentaryAct No. 21 o 1996, is anindependent commission. TheCommission has the power to:

    Investigate and conduct

    hearings on any inringementor imminent inringement oundamental rights

    Intervene in any proceedingsrelating to the inringementor imminent inringement oundamental rights pendingbeore any court, with thepermission o such court

    Monitor the welare odetained persons by regularinspection o their places odetention, and make suchrecommendations as may be

    necessary or improving theirconditions o detention

    Undertake research into,and promote awareness o,human rights, by conductingprograms, seminars andworkshops to disseminate anddistribute the results o suchresearch

    Take such steps as it maybe directed to take by theSupreme Court, in respect oany matter reerred to it bythe Supreme Court

    Summon any person residingin Sri Lanka to give evidenceor produce any document orother thing in his possession,and to examine him as awitness

    Do all things necessary orconducive to the discharge oits unctions

    What problems related to

    language can be orwarded to

    the Commission?

    Article 12 o the Fundamental

    Rights Chapter o the Constitutionprovides that all persons areequal beore the law and areentitled to the equal protectiono the law. As such, an aggrievedperson, group o persons, or a

    The Human Rights

    Commission o Sri Lanka

    The law has established ourorganizations through which a SriLankan citizen can seek redresswith regards to the violation o alanguage right.

    They are

    1. The Supreme Court

    2. The Human Rights

    I your complaint

    alls within the scope

    o the Commission,

    the accused partieswill be allowed the

    opportunity to make a

    statement in response,

    and attempts will

    initially be made to

    bring the issue to

    resolution. I resolution

    is not possible an

    investigation into the

    issue will be conducted

    and recommendations

    will be made.

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    14 Vibhasha | November December 2011

    It is reported that a

    signicant number o the

    complaints lodged at the

    Human Rights Commission

    with regards to the violation o

    language rights, are in relation

    to the violation o language

    rights committed at Police

    Stations.

    The reason behind the

    majority o these complaints is

    the Police recording complaints

    and statements made by Tamil

    speaking persons, in Sinhala.

    While citizens in the North

    and East are the most requently

    aected by this problem, it is

    reported that Tamil speaking

    persons rom several other areas

    o the country have also been

    aected.

    A complaint, led at the

    Human Rights Commissionagainst the Senior

    Superintendent o Police

    Vavuniya and the Inspector

    General o Police, based on the

    ndings o a study conducted in

    the Vavuniya area, states thus.

    . Via a survey

    conducted in the Vavuniya

    District, the complainant

    has learned that citizens

    complaints are recorded

    in Sinhala at the majority

    o the Police Stations

    under the Vavuniya SeniorSuperintendent o Police

    Division.

    Having to place their

    signature on a statement

    or complaint recorded in

    a language they do not

    know, results in Tamil

    speaking citizens being

    disadvantaged legally,

    as well as discriminated

    against.

    Inormation has been

    received that indicate thatthe Tamil speaking populace

    suers great inconvenience

    as well as injustice as a

    result.

    The complainant also states

    that the vast majority o

    the populace o this Police

    Division speaks Tamil as

    their mother tongue.

    The complainant

    emphasizes that the

    Vavuniya SSP Division isbased within the Northern

    Province, and that

    Tamil is the language o

    administration o the area

    as per Article 22(1) o the

    Constitution as amended by

    the 16th Amendment.

    Further, as per Article

    22(2) o the Constitution

    as amended by the 16th

    Amendment, a person other

    than an ocial acting in his

    ocial capacity, has beengiven the right to interact

    with any ocial in his ocial

    capacity in Sinhala or Tamil

    as is relevant.

    The complainant states that

    when recording complaints

    or statements at the Police

    Stations, by not recording

    them in Sinhala in the

    case o Sinhala speaking

    citizens and in Tamil in

    the case o Tamil speaking

    citizens, Police Ocers at

    these Stations violate theundamental right provided

    or by Article 12(1) o the

    Constitution, which reads

    All persons are equal beore

    the law and are entitled to

    the equal protection o the

    law, with regards to persons

    whose mother tongue is

    Tamil.

    Similarly, the complainant

    states that this process

    violates the right o Tamil

    speaking residents oVavuniya set out by Article

    14(1)() o the Constitution,

    which provides the

    reedom by himsel or in

    association with others to

    enjoy and promote his own

    culture and to use his own

    language.

    The complainant has

    learned that the main reason

    or this problem is the

    shortage o Police Ocers

    who can work in Tamil atPolice Stations located

    within the Vavuniya Senior

    Superintendent o Police

    Division.

    He states that as the Ocer

    in charge o the Division,

    the 1st Respondent is

    thereore responsible or

    these undamental rights

    violations.

    Similarly, as the Head o

    the Department, the 2ndRespondent is responsible

    or these undamental rights

    violations.

    The complainant adds that

    the persons who have had

    their undamental rights

    violated by not being able

    to lodge complaints or

    statements in Tamil, are

    earul o taking legal action

    against the Police.

    The complainant states that

    he is able to, as provided

    or under Article 14 o theHuman Rights Commission

    o Sri Lanka Act No. 21 o

    1996, lodge and pursue

    this complaint with the

    Commission as a person

    acting on behal o an

    aggrieved person or a group

    o persons.

    As per the above stated

    acts, the complainant requests

    the Commission to:

    a) Provide a decision statingthat, as per the complaint,

    the Police violate the rights

    o the Tamil speaking

    community set out in Article

    12(1) o the Constitution, by

    recording complaints and

    statements made in Tamil, in

    Sinhala.

    b) Provide a decision stating

    that these actions violate

    the right provided to these

    people by Article 14(1)() o

    the Constitution.

    c) Provide a decision that

    states that the 1st and 2nd

    Respondents are responsible

    or the above stated

    violations o undamental

    rights.

    d) Provide a decision

    ordering the 1st and 2nd

    Respondents to take

    immediate and practical

    remedial action to

    prevent this problem romcontinuing.

    e) Provide other and additional

    redress as desired by the

    Commission.

    Complaint book in violation

    Complaint against the Police

    The reason

    behind themajority o thesecomplaints is thePolice recordingcomplaints andstatements madeby Tamil speakingpersons, inSinhala.

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    15Vibhasha | November December 2011

    school the two segments engage in their

    religious rites separately.

    According to the Grama Niladhari

    o the Madurankelikulam division,

    he is responsible or part o the

    Koongnankulam village. He states that the

    preparation o Identity Cards or some has

    become a dicult task due to the lack o

    BirthCerticates.

    On several occasions we contacted

    depots asking or a bus, but we have not

    received a reply to date. They say there are

    no busses to give. Everything is like this.

    Butwealwaystrytogivethesepeople

    some relie .

    TheBoardsaysthattheywillprovide

    electricity by next year. The Red Cross

    has given loans to start sel employment

    projects. However ensuring the protection

    o these indigenous peoples lives is our

    responsibility the Grama Niladhari said.

    Though indigenous communities

    are seen living in several areas, it is the

    Vaakarai Veddahs that have become a

    community whose language and cultural

    identity are in the process o being

    completely erased. What is unique is their

    eorts to live in harmony with both Tamil

    and Muslim communities. However they

    are still behind both o these communities

    in terms o economic strength.

    Extract rom the report o a studyconducted on several marginalized

    communities within Sri Lanka.A publication o the Centre or Policy

    Alternatives.

    Note: Thimbiriyagama Bandara

    From page 6

    Without a mother tongue

    The Coastal Veddah Community

    Complaints ood in to the Human Rights Commission From page 4

    International Language and Development Conerence From page 6

    12 Station SuperintendentMahawa Railway Stationand General ManagerRailway Department

    Announcements regarding railway trac not beingmade in the Tamil language at Railway Stations

    Head OceColombo

    07/11/2011 Registered Post

    13 Senior Superintendento Police Mannar andInspector General oPolice

    Police Ocers o Police Stations within the MannarPolice Division recording complaints and statementsmade by Tamil speaking persons in Sinhalese

    Head OceColombo

    08/11/2011 2011-12-05

    14 Mayor MunicipalCouncil Kalmunai

    Street signboards not containing the street name inthe Sinhala language

    Regional OceKalmunai

    08/11/2011 HRC/3466/2011

    We also see language

    playing a very important role

    in the development o the

    arts. The usion o languages,

    and through this the interac-

    tion o dierent cultures,

    enriches the cultural pat-

    terns and standards o arts in

    society.

    I observe that there is a

    very distinguished list o par-ticipants at this conerence,

    drawn rom diverse elds

    o knowledge and experi-

    ence in aspects o language.

    You have a very interesting

    agenda set out or your dis-

    cussions. I strongly believe

    that your deliberations will

    bring about solutions to

    some o our long standing

    language issues.

    I warmly welcome alloreign delegates to Sri

    Lanka and trust that you will

    take back with you the best

    memories o the riend-

    ship and hospitality o our

    people. I wish this coner-

    ence every success.

    Senior Minister Scien-

    tic Afairs Professor Tissa

    Vitarana

    The dierences in lan-guage and culture between

    people rom dierent coun-

    tries o the world, becomes

    a barrier to us orming close

    relationships with them.

    We should learn to

    respect any language o

    any country in the world

    the same way we would our

    mother tongue.

    The English language

    is used extensively as a link

    language at the interna-

    tional level. At the very least

    we should learn one inter-national language. Knowl-

    edge is not isolated in the

    present world. Knowledge

    is o prime importance to

    economic development.

    This conerence should

    be used as an opportunity to

    increase knowledge o inter-

    national languages. Then we

    will be able to nd shared

    solutions to many problems.Choosing Sri Lanka to host

    this conerence this time

    is very timely. We accept

    the challenge related to

    language that the world is

    aced with today.

    Minister o National

    Languages and Social

    Integration Vasudeva

    Nanayakkara

    The opportunity to hosta conerence o this nature

    ater the end o a civil war

    that lasted over several

    decades is a historic occa-

    sion. This can be considered

    a privilege that our country

    has received.

    No culture lasts within

    any country without a

    language.

    Language plays a large

    role in enabling the ex-

    change o ideas as well as in

    orming social connections.

    We are in the process o

    taking steps to reestablish

    social connections that had

    grown distant between

    two communities o our

    society, having ended a war

    that shed blood. We are

    establishing the necessary

    programs to create a social

    transormation.

    We will bring humanity

    to the highest level throughlanguage and communica-

    tion.

    We anticipate a Sri Lanka

    in which all communities act

    together in cooperation.

    The German Ambassador

    to Sri Lanka Jens Ploetner,

    Director o Tamil Schools

    Development o the Ministry

    o Education S.P Muralitha-

    ran, and the Secretary tothe Ministry o National

    Languages and Social Inte-

    gration M.S. Wickramasinghe

    also spoke at the conerence.

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    16 Vibhasha | November December 2011

    Write to us The Sri Lankan language policy is a topic which has been subject to extensivediscussion. Through the Vibhasha Newsletter, we aim to urther oster this discussion.It is our belie that reader contribution is vital in building up this dialogue. Write to us

    with your various ideas, news and inormation. The Vibhasha Newsletter is open to allwho are sensitive to the language rights o this country.

    Regarding language rights

    Send us your ideas, suggestions, problems and eedback.

    Hal the teachers o the

    plantation sector

    lack adequate training

    A study conducted in the Uva, Passara zone hasrevealed that while hal the teachers o the plantation

    sector lack adequate training, some schools do not

    have even one trained teacher.

    This inormation was gathered during a study

    conducted by Transparency International in 21

    selected schools located within the Passara Education

    DivisionoftheBadullaDistrict,wherethemajorityof

    students are rom the plantation sector.

    The report also states that approximately hal the

    teachers surveyed within the zone, had not received

    their letter o appointment in their mother tongue. As

    such, a signicant number o teachers o the plantation

    sector serve without even having knowledge o their

    terms o employment.

    We have thus ar received numerous responses rom the readers o the debut issueo the Vibhasha Newsletter.Along with well wishes or its continued journey, there were also many ideas andsuggestions or its urther development.A ew such selected responses, suggestions and ideas are presented below. Wegreatly value all your responses, and anticipate continued eedback with the issuesto come.

    Editor

    Well wishesO the problems Sri Lanka has aced in its history, the language problem is one o the

    biggest. I believe that the politicians and media o this country are responsible or it.

    They uel problems urther rather than show adequate commitment towards xing it.

    It is a pleasure to see a newsletter such as Vibhasha within such a context. It contained

    a lot o inormation that was useul in increasing awareness on the language policy o

    this country. We wish Vibhasha the best in its eorts to solve the language problem inSri Lanka, and build a cordial relationship between the communities.

    N. Priyantha - Panagoda

    Consider cultural problems as well

    Focusing our attention on each others language is very useul in building a dialog between

    the Sinhala and Tamil communities o Sri Lanka. It is evident that Vibhasha is working towards

    this end.

    Its my opinion that it would be even more useul i the ocus could include each others

    cultures as well, in addition to language, as in my opinion, language and culture are very

    closely tied in.

    I anticipate that the Vibhasha Newsletter will consider it in the uture.

    M. Zuhaib - MaradanaNumerous problems with English medium education

    The role such a newsletter can play in engendering a bilingual culture in Sri Lanka, is

    signicant. In addition to Sinhala and Tamil, it would be best i your attention could ocus on

    English medium education.

    The damage resulting rom the breakdown o English medium education in this country is

    immense. We are currently suering rom the impact o these results.

    As a solution to this problem, English medium education has also been given an opportunity

    via the implementation o a trilingual policy. As such a signicant number o students have

    opted to study in the English medium as opposed to in their mother tongue.

    Students, who successully complete this journey up to the GCE Ordinary Level standard,

    ace great diculties when attempting to sit or their GCE Advanced Level exams in theEnglish medium. This is as a result o a shortage in teachers and other resources. As such

    these students are oten orced to seek other schools. This is a grave problem aced today by

    students today step orward to study in a language medium o their choice.

    It would be great i Vibhasha could also ocus on such problems in the uture.

    Priyani Marasinghe - Delkanda

    The Language Committee program was launched

    on the 19th o November 2011 in the Monaragala town

    under the initiative o the Institute or Human Rights and

    Community Development.

    While 19 such committees established within

    the district under this program, have been registered

    under the Ministry o National Languages and Social

    Integration, steps have been taken to establish several

    more committees within the district in the near uture.

    The establishment o the frst Language Committee, launching the

    Language Committee program in the

    Monaragala District

    Response

    Editor,

    Vibhasha Newsletter,

    The Centre or Policy Alternatives,

    24/2, 28th Lane,

    Flower Road,Colombo 07

    Telephone : 0112 370801/4 Fax : 0112 370802

    The establishment o Language

    Committees in Monaragala commences

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    17Vibhasha | November December 2011

    The best or the childrenis a great saying. Lets keep ourchildren happy is also a similarlygreat saying.

    Axing billboards that raisesocietys awareness is anothergood thing.

    As such, the display o theLets keep our children happybillboard at the Eye HospitalJunction, visible to the LiptonCircus, should without a doubtbe called a good thing.

    Displaying the billboard inone language alone however,can in no way be called a goodthing the reason being, thatthe Mental Health Unit that isresponsible or the billboardhas ailed to show sensitivitytowards the language rights othis country.

    The Mental Health Unitshould understand thatdisregarding language rights isalso detrimental to the mentalhealth o a nation. The 30 yearwar in this country standstestament to the act that it isnot only detrimental to mentalhealth, but also to the physical.

    A news item published a ew

    Sensitive to children sensitive to language rights

    A healthy use o language

    Beingsensitivetolanguagerights

    The Mental Health

    Unit should understand

    that disregarding

    language rights is alsodetrimental to the mental

    health o a nation. The 30

    year war in this country

    stands testament to the

    act that it is not only

    detrimental to mental

    health, but also to the

    physical.

    months ago stated that theOcial Languages Commissionhad decided to take legal actionagainst the Mental Health Unito the Ministry o Health, onthe grounds that this billboardviolates the Ocial Languages

    Policy o this country.The news item in ull, which

    appeared on the Lankadeepao 19th o September 2011, wasas below.

    Legal action against thePsychiatric Unit o the NationalHospital? A decision o theOcial Languages Commission

    The Ocial LanguagesCommission decides to takelegal action against the MentalHealth Unit o the Ministry oHealth on the grounds thatit has violated the OcialLanguages Policy.

    According to the Chairmano the Commission Nimal

    Ranawake, such action will betaken as the Psychiatry Unit othe National Hospital ailed totake any remedial measuresdespite being inormed thattheir billboard displayed atthe Eye Hospital Junction,

    visible to the Lipton Circusand bearing the messageLets keep our children happy,should be displayed in all threelanguages.

    He added that the MentalHealth Unit o the Ministryo Health had been inormedon several previous occasionsthat the billboard should betrilingual in keeping with theOcial Language Policy.

    Though it has been three

    months to date since thepublication o this news item,there has been no changewhatsoever to the billboard,as is evidenced by the picturepublished herein.

    However, another billboardon public health, constructeda ew eet away rom the saidbillboard, sets a good exampleto everyone. It has beenconstructed in close proximity tothe mental health billboard, with

    content displayed in both Sinhalaand Tamil in a manner visible toall.

    Despite its visibility however,it does not appear to have beenseen by the powers that be o theMental Health Unit. I they hadseen it, they would have at leasthad the opportunity to ollow itsexample and correct the error otheir own billboard.

    However, no correction

    whatsoever can be seen thus ar,and a remedy to this problemis urgently needed, as historyhas shown us that the impact osuch error aects the nation as awhole.