http://www.defence.lk/new.asp?fname=is_tamils_rights_tamil_aspirations_denied_in_SriLanka_Opinion_20120402_01

Is Tamils Rights or Tamil Aspirations denied in Sri Lanka - Opinion

(By: Shenali Waduge)
Over the years matters have become complicated simply because we
have allowed two words to become intermingled confusing facts. While every
citizen can demand his/her "right" from the State, no citizen can expect his/her
"aspiration" to be given by the State. What we currently face is a plethora of
"aspirations" which are unlikely to be ever fulfilled making it wiser to
separate the rights from the aspirations and thereafter to inform the State what
rights have been denied or even neglected. This is the only way forward and
entails proper reconciliation that is practical & realistic.
No country will cater to "aspirations" but this is the current
dilemma that plagues us. What we are battling is a set of "aspirations" which
cannot be solved because there is no quantum to measuring these "aspirations"
and the more time spent on viewing these "aspirations" as "rights" what is
happening is that the entire situation is being hijacked by external forces to
advance their interests alone.
We can understand why...would there be a need for the UN if
there were no world conflicts, would there be need for NGOs/INGOs & their
objectives if there was no need - therefore there is an ugly practice of
sustaining the need for people to exist?
We feel that not all Tamils share the "aspiration" for a Tamil
eelaam, not all Tamils desire to live amongst their own only, not all Tamils
wish to be ruled by dictators like Prabakaran where the bullet rules instead of
the ballot. We feel that Tamils realize that they are divided by caste &
class but they don't want to publicize this. We may be mistaken but for that we
would need to put a direct question to the Tamil people because they can't
claim 1/3 of Sri Lanka's land & 2/3 of Sri Lanka's sea & call it
Tamil Eelaam whilst also gaining the right to live in other parts of Sri Lanka.
Which country will allow this when historically Sinhalese have been living far
longer than any other ethnic group throughout Sri Lanka?
Tamils must realize that if nations had empathized with the
plight of the Tamils, 30 years of LTTE terrorism would not have prevailed and
thousands of low caste children would not have been turned into child combatants
while thousands of women would have enjoyed life as a woman instead of being
turned into suicide cadres.
In Jaffna members of the same caste only eat together. High
castes are not allowed to marry low castes. Those that do are often shunned from
the family. Unclean castes are forbidden from entering Tamil kovils or to bathe
in the sacred rivers. Low castes were forbidden from obtaining education until
SWRD Bandaranaike introduced the Social Disabilities Prevention Act 21 in 1957.
Even then higher caste Tamil politicians agitated against this. Low caste
children had to sit on the floor and study. Not many know of these sufferings
which have emerged to the same levels that existed prior to LTTE. The Government
Agent was vociferous about the high rise in rape cases - Tamils raping Tamils,
what a shame!
Sri Lanka has been the home of the Sinhalese since 6thcentury
b.c. Buddhism was acknowledged even by the British and a promise was made at the
Kandy Convention to give pride of place to Buddhism (this promise was not kept
but at least Buddhism was acknowledged)
No country would have given a place to just 9% of the population
as Sri Lanka has simply because colonial powers succeed to mentally brainwash
Tamils into thinking themselves above the Sinhalese and rightful heirs to ruling
Sri Lanka. Let us not forget that the Tamil population by independence was just
880,000!
Let us see how the Constitution has provided for Tamils.
Under the 1978 Constitution, Chapter IV (Language Provisions) -
Article 18 (1) & 18 (2) amended by 13th amendment making Sinhala and
Tamil official languages of Sri Lanka. Article 19 - National Languages of
Sri Lanka shall be Sinhala and Tamil. A member of Parliament or a member of a
Provincial Council or a local authority shall be entitled to perform his duties
and discharge his functions in Parliament or in such Provincial Council or local
authority in either of the National Languages. - Article 20 as amended by the
16th Amendment.
A person is be entitled to be educated through the medium of
either of the national Languages. - Article 21(1)
Sinhala and Tamil shall be the languages of administration
throughout Sri Lanka. - Article 22(1) as amended by the 16th Amendment
In any area where Sinhala is used as the language of
administration a person other than an official acting in his official
capacity, shall be entitled:
to receive communications from, and to communicate and transact
business with, any official in his official capacity, in either Tamil or
English;
if the law recognizes his right to inspect or obtain copies of
extracts from any official register, record, publication or other document, to
obtain a copy of, or an extract from such register, record, publication or other
document, or a translation thereof, as the case may be, in either Tamil or
English.
where a document is executed by any official for the purpose of
being issued to him, to obtain such document or translation thereof, in either
Tamil or English. - Article 22(2) (a) - (c) as amended by the 16th Amendment
In any area where Tamil is used as the language of
administration, a person other than an official acting in his official capacity,
shall be entitled to exercise the rights, and to obtain the services, referred
to in above in Sinhala or English. - Article 22(3) as amended by the 16th
Amendment
All laws and subordinate legislation shall be enacted or made
and published in Sinhala and Tamil, together with a translation thereof in
English. - Article 23(1) as amended by the 16th Amendment
Sinhala and Tamil shall be the language of the Courts throughout
Sri Lanka. - Article 24(1) as amended by the 16th Amendment
Let us now move on to look at what Tamils enjoy presently in Sri
Lanka.
Does the Sri Lankan national flag not denote its ethnic
minorities - Orange depicted for Tamils & Green depicted for Muslims.
Are all public documents not in Sinhalese & Tamil (marriage
certificate, death certificate, immigration forms etc)
Are Sri Lankan currency & notes not in Sinhalese &
Tamil?
Are public events not presented in Sinhalese, Tamil &
English?
Are Tamils denied ownership rights to property, land, business
ventures - Tamils & Muslims together out number the Sinhalese in Colombo
Are Tamils denied right to healthcare services? Do doctors not
treat Tamils and are medicines not issued because a patient is a Tamil? Do
operations get delayed purposely because a patient is a Tamil?
Are Tamils denied access to public transport and not given a
seat because they are Tamils? Are seats separately allocated for Tamils? Is
there any public area that specifically denies Tamil entry because they are
Tamils and allows only Sinhalese?
Are Tamils denied access to the use of public utilities because
they are Tamils?
Are Tamils denied the right to indulge in sports & are they
not chosen to represent Sri Lanka at national sports events because they are
Tamil?
Does any hotel or restaurant owned by a Sinhalese deny access to
Tamils?
Is there any sign board that explicitly says "Tamils are not
welcome", or "No Tamils".
Do Sinhalese shop owners deny the right to purchase to Tamils?
Yet, do Tamils not feel shy to openly say they will not rent or
sell their property to Sinhalese?
Those continuously speaking on international forums about rights
denied can answer why did the LTTE shoot down Tamil police officers doing their
duty in the North thus making them fear joining the police service?
Why did the LTTE shoot Tamil public officials - mayors,
principals, intellectuals, politicians and even Lakshman Kadiragamar Sri Lanka's
foreign minister and has there also not been threats to Sri Lanka's
representative in Geneva - Ms. Tamara Kunanayagam who is also a Tamil speaking
on behalf of the country & not Tamils? LTTE has killed over 200 such Tamil
public servants.
On the subject of discrimination all of the violence that Tamils
have been subject to has been by the UNP Governments who burnt the Jaffna
library & instigated the 1983 riots. But, Tamils have forgiven the UNP
because come every election the Tamils prefer voting for the UNP. There seems no
logic to this.
We now move on to countries where the real discrimination has
taken place.
The US may like to remind itself how they treated the Blacks of
America. From the inhuman practices upon black slaves to how these people were
treated over the years. Were they not required to eat separately, use separate
schools, public toilets, park benches, drink from separate water fountains, sit
separately at restaurants and some stores even forbid them from entering its
premises. Cinemas even had separate ticket booths, libraries had separate
sections for blacks, the blacks had separate telephone booths. - Signs were put
up to separate facilities saying "whites only". White neighborhoods even had
"restrictive covenants" a formal deed that binds white neighborhoods from
selling to blacks. Poll taxes & literacy tests were used to deny blacks the
right to vote.
Let us also not forget racialism by the British - how they
successfully spread racism amongst all the colonies it ruled and went on
thereafter to treat the blacks of the UK no differently. There are too many
racial riots to recall, too many types of discrimination in employment, housing
& social services.
We now come to Tamil Nadu - a state where there are over 70m
Tamils. Dalits, as per the 1991 census, form 19.18 % of the total Tamilnadu
population yet nearly 80% of the dalit population in Tamilnadu still live in
villages whilst over 60% of dalits remain illiterate. On an average dalits
regularly suffer from verbal abuse (62.4%), physical assault (54.8%), sexual
harassment and assault (46.8%), domestic violence(43.0%) and rape(23.2%). These
are Tamils treating their own & these Tamil Nadu politicians are talking
justice, equality & self-respect to Sri Lanka. Tamil Nadu is a state that is
being targeted by Christian movements who are penetrating into these poor and
converting them at horrendous rates while falsely creating a mentality called
Dravidian Christianity.
Aspirations cannot be a basis to seek a political solution and
no Government should allow aspirations to be the basis of discussions. Our folly
has been to not genuinely approach issues by countering the allegations with
facts. Our politicians need to learn history before they make any proclamation.
In adapting a defensive stand we have allowed our sovereignty to be challenged
and diluted to suit the interests of vested parties out to carve their own
advantage with little concern for its inhabitants.
We need to go back in time to recall a history where Sinhalese
& Tamils lived at peace with each other until that peace was destroyed
shrewdly by the Portuguese, the Dutch & the British. We suffered 443 years
of brutality & oppression whilst a handful benefited from education &
conversion. Of the 64 years of independence half of it was plagued with
terrorism.
We have to now rewrite our history books. The older generation
need to separate the realities from the lies, the younger generation should not
be taught to carry the aspirations of the old and must be encouraged to live in
peace & harmony in a country that belongs to all of its people wherever they
choose to live. We must say no to homelands, no to ethnic based solutions or
devolutions and no to external interference. This message needs to be clearly
carried to all external stakeholders very clearly by our Government whom we
appoint.