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Oppression of Tamils in Sri Lanka

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Oppression of Tamils in Sri Lanka OPPRESSION OF TAMILS IN SRI LANKA By MAYAN VIJE TAMIL INFORMATION CENTRE 15 JUNE 1987 SECOND EDITION 2 Publisher’s Note (Second Edition) This paper records the series of events in Sri Lanka since 1948 that have culminated in the present catastrophe. The appendices contain supporting documents and briefly outline the matters set out in the paper. The paper is based on the questions asked and details requested from us during the last two years and by no means encompasses the entirety of events in Sri Lanka. Tables, maps and a bibliography are also included. Tamil Information Centre 3rd Floor 24-28 Clapham High Street (Voltaire Road Entrance) London SW4 7UR Tel: No. 01-627 4808 15 June 1987 (The first edition was published on 21 June 1985) 3 CONTENTS 1.0 Introduction 1.1 Constitutional violations 1.2 Unitary state and majority rule 1.3 Political will of the majority 2.0 Oppression 2.1 Citizenship 2.1.1 Reduction of representation 2.2 Language 2.2.1 Official language 2.2.2 Employment 2.3 Colonization 2.4 Education and culture 2.4.1 Standardization 2.4.2 Violence against Tamil students and destruction of educational institutions 2.4.3 Culture 2.4.4 Freedom of worship 2.5 Economic development 2.6 Insecurity 3.0 Political reaction 3.1 Minority fears and majority reaction 3.2 Colonization 3.3 Non-violence 3.4 Judicial process 3.5 Violence by mobs 3.6 Military occupation 3.7 The 1972 Constitution 3.8 Mandate for a separate State 3.9 Violence unleashed 3.10 District Development Councils 3.11 Militant youth 3.12 Mass arrest, detention and torture 4.0 Human rights violations and erosion of democratic rights 4.1 Human rights violations 4.1.1 Periodic genocidal massacres 4.1.2 1983 genocidal massacre 4.1.3 Massacre in custody and disappearance 4.1.4 Atrocities by security forces 4.1.5 Refugees 4.1.6 Arrest, detention and torture 4.2 Erosion of democratic rights 4.2.1 Citizenship 4.2.2 Denial of civic rights 4.2.3 Failure to hold elections 4.2.4 Second Amendment to the Constitution 4.2.5 Jaffna DDC elections 4.2.6 By-elections 4.2.7 Exclusion of small parties 4.2.8 Kalawana election 4.2.9 The Parliamentary Election (Amendment) Act No. 36 of 1984 4.2.10 Undated signed letters of resignation 4.3 Freedom of speech and expression 4.3.1 Interference and censorship 4.3.2 Parliamentary (Powers and Privileges) Act 4.3.3 Press Council Law of 1973 4 4.3.4 Banning of newspapers 4.3.5 Government control and censorship 4.4 Interference with the judiciary 4.5 Freedom of association and worker’s rights 4.5.1 Essential Public Services Act No. 61 of 1979 4.5.2 Local Government (Special Provisions) Act 4.5.3 Demonstration by trade unions 4.5.4 Strikes by trade unions 4.5.5 Voluntary Social Service Organisations (Registration and Supervision) Act 4.5.6 Violence against peaceful demonstrators 4.6 Prevention of Terrorism Act and other repressive laws 4.7 No confidence motion against the leader of the Opposition 4.8 Sixth Amendment to the Constitution 4.9 Tenth Amendment to the Constitution 5.0 Militarization 5.1 Military expenditure 5.2 Armed forces 5.3 Compulsory military service 5.4 Military camps 5.5 Arms acquisition 5.6 Foreign involvement 6.0 Negotiations 6.1 All Party Conference 6.2 Thimpu Conference 6.3 Working Paper 6.4 Political Parties Conference 6.5 December 19 proposals 6.6 Future? Appendices 1 Citizenship 2 The Ceylon (Constitution) order in Council of 1946 – Section 29 3 Language 4 Statements in Parliament on the Sinhala Only Bill 1956 5 Bandaranaike-Chelvanayakam Agreement 1957 6 Senanayake-Chelvanayakam Agreement 1965 7 Regulations under the Tamil Language (Special Provisions) Act 8 Employment 9 Colonization 10 Comment on the Tamil homeland 11 Recognition of the Tamil homeland 12 Population tables 13 Reconstitution of Grama Sevaka Divisions in Vavuniya 14 UNP Manifesto 1977 15 Education 16 Religion and culture 17 Economic discrimination 18 Citizenship cases 19 Military camps in the Tamil homeland 20 Vaddukottai Resolution 21 Violence against the Tamils 22 Sansoni Commission – Terms of Reference 5 23 Sansoni Commission – Recommendations 24 Refugees 25 Referendum of 1982 26 The judiciary 27 Summary allegations of thuggery 28 Proposals for devolution of powers 1984 - Annexure C 29 Representation in Parliament 1947-1977 Tables I Citizenship under the Citizenship Act II State sector employment (excluding corporation sector) 1980 III Public sector employment (state and corporation sector) 1980 IV State sector employment 1972 V Discrimination in state sector employment 1977-1981 VI Eastern Province – Population by ethnic groups 1921-1981 VII Northern Province - Population by ethnic groups 1921- 1981 VIII Northern & Eastern Provinces - Population by ethnic groups 1921-1981 IX Jaffna District - Population by ethnic groups 1827-1981 X Vavuniya District - Population by ethnic groups 1827-1981 XI Mannar District - Population by ethnic groups 1827-1981 XII Trincomalee District - Population by ethnic groups 1827-1981 XIII Batticaloa District - Population by ethnic groups 1827-1981 XIV Amparai District - Population by ethnic groups 1963-1981 XV Batticaloa & Amparai districts - Population by ethnic groups 1963-1981 XVI Education Qualified & district quota – Ratnapura & Jaffna districts 1974 XVII University admissions – Tamil students % 1969-1975 XVIII University admissions – Sinhalese students % 1969-1975 XIX University admissions – Tamil students % 1978-1981 XX University admissions – Sinhalese students % 1978-1981 XXI University admissions – Total 1978-1981 XXII University admissions – Comparative figures 1969-1970 and 1970-1971 XXIII Investment and employment figures in the Free Trade Zone and outside XXIV Capital expenditure on development programmes 1981 XXV Land size and % of sown land irrigation in the Dry Zone 1979/80 XXVI Military camps in the Tamil Homeland XXVII Refugees XXVIII Representation in Parliament 1947-1977 Bibliography Maps 1. Administrative districts 2. Northern and Eastern Provinces 3. New electorates created by colonization 4. Irrigation schemes promoted for colonization 5. Accelerated Mahaweli Development Programme 6. Areas of Sinhala dominance as a result of colonization 6 1.0 Introduction 1.1 Constitutional violations Since independence in 1948, the governments of Sri Lanka, dominated by the majority community, have violated the constitutional provisions, which safeguarded the fundamental rights of the minority Tamils. A new constitution was enacted conveniently in 19721 without considering the representations made by the Tamils. 1.2 Unitary state and majority rule The majoritarian framework, which is in operation and the idea of a unitary State, which is envisaged, should - from a democratic perspective - mean that the interest and wishes of the majority community also synthesise the similar aspirations of the minority Tamils of the country. But contrary to this, the series of oppression by the government and the attitude adopted by the politicians and religious groups alienated the Tamils and relegated them to a second-class status in their own country. 1.3 Political will of the majority Even when the mounting problems of the minorities were obvious and accepted by the politicians and parties of the majority community, the political history of Sri Lanka in the post independent era is full of false and un-kept promises. The various pacts made in an effort to find peaceful solution to minority Tamil problems, were either shelved or abandoned by the governments and politicians. In essence, the majority community lacked the political will to treat the Tamils as equal citizens. 2.0 Oppression 2.1 Citizenship The first government of Sri Lanka ensured the passage of the Citizenship Act of 19482 in Parliament, which stripped a million Tamil plantation workers of their citizenship, despite the fact that the community had been permanently resident in Sri Lanka for over a century.3 The Soulbury Constitution in force at that time prohibited any legislation that would make any community liable to disabilities.4 In view of the restriction imposed by the constitution, an express provision to deprive nationality could not be enacted. Therefore, the devious methods of defining citizenship and requiring proof of citizenship were used to circumvent the provisions of the constitution. The injustice caused to the plantation Tamils was further aggravated by the enactment of the Ceylon Parliamentary Elections (Amendment) Act of 1949, which removed their franchise rights. Over the years, there have been agreements regarding these Tamils between the governments of Sri Lanka and India without any consultation with the people involved, despite which, even today more than 400,000 Tamils suffer the stigma of statelessness. In February 1 The 1972 Constitution came into effect on 22 May 1972, replacing the Soulbury Constitution of 1946. 2 The Citizenship Act No. 18 of 1948 came into effect on 21 September 1948. 3 The Donoughmore Commission in 1928 estimated that about 40-50% was permanently settled. In 1938, the Jackson Report on Immigration estimated that 60% was permanently settled and in 1946 the Soulbury Commission reported that 80% of the plantation Tamils was permanently settled in Sri Lanka. 4 Section 29 of the Ceylon (Constitution) Order in Council of 1946, commonly known as the Soulbury Constitution, prohibited legislation which imposed disability or restriction on any particular community or conferred advantage or privilege on any particular community. 7 1986, the Grant of Citizenship to Stateless Persons Act5 was enacted, which stipulated the granting of Sri Lankan citizenship to the stateless persons within a period of 18 months. But by the end of September 1986, only 32,244 persons had been recommended for grant of Sri Lankan citizenship [See Appendices 1 and 2]. 2.1.1 Reduction of representation Consequent to the denial of franchise rights to the plantation Tamils, parliamentary representation for the Tamils was drastically reduced and such reduction accrued to the Sinhalese.6 After the 1947 general elections, the Tamils had 20 seats in Parliament, but after the 1952 elections, it was reduced to 13, whereas seats for the Sinhalese increased from 68 in 1947 to 75 in 1952.
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