NOTE TO USERS This reproduction is the best copy available. UMT nm u Ottawa L'Umverbite canadienne Canada's university nm FACULTE DES ETUDES SUPERIEURES L=J FACULTY OF GRADUATE AND ET POSTOCTORALES U Ottawa POSDOCTORAL STUDIES L'Univeisitc caiiddieivie Canada's university David Kumar Anthony AUTEUR DE LA THESE / AUTHOR OF THESIS Ph.D. (Canon Law) GRADE/DEGREE Faculty of Law FACULTE, ECOLE, DEPARTEMENT / FACULTY, SCHOOL, DEPARTMENT Pastoral Care of Refugees According to the Teaching of the Catholic Church with Particular Reference to the Sri Lankan Tamil Refugees in Tamil Nadu, India TITRE DE LA THESE / TITLE OF THESIS Augustine Mendonca DIRECTEUR (DIRECTRICE) DE LA THESE / THESIS SUPERVISOR CO-DIRECTEUR (CO-DIRECTRICE) DE LA THESE / THESIS CO-SUPERVISOR Francis Mqrrisey JohnHuels_ Joseph Chandrakanthan (U. of Toronto) John Renken Gary W. Slater Le Doyen de la Faculte des etudes superieures et postdoctorales / Dean of the Faculty of Graduate and Postdoctoral Studies PASTORAL CARE OF REFUGEES ACCORDING TO THE TEACHING OF THE CATHOLIC CHURCH WITH PARTICULAR REFERENCE TO THE SRI LANKAN TAMIL REFUGEES IN TAMIL NADU, INDIA by David Kumar ANTHONY, OMI A thesis submitted to the Faculty of Canon Law Saint Paul University, Ottawa, Canada, in partial fulfillment of the requirements for the degree of Doctor of Canon Law ©David Kumar Anthony, Ottawa, Canada, 2010 Library and Archives Bibliotheque et 1*1 Canada Archives Canada Published Heritage Direction du Branch Patrimoine de I'edition 395 Wellington Street 395, rue Wellington OttawaONK1A0N4 OttawaONK1A0N4 Canada Canada Your file Votre reference ISBN: 978-0-494-73891-7 Our file Notre reference ISBN: 978-0-494-73891-7 NOTICE: AVIS: The author has granted a non­ L'auteur a accorde une licence non exclusive exclusive license allowing Library and permettant a la Bibliotheque et Archives Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par I'lnternet, prefer, telecommunication or on the Internet, distribuer et vendre des theses partout dans le loan, distribute and sell theses monde, a des fins commerciales ou autres, sur worldwide, for commercial or non­ support microforme, papier, electronique et/ou commercial purposes, in microform, autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriete du droit d'auteur ownership and moral rights in this et des droits moraux qui protege cette these. Ni thesis. Neither the thesis nor la these ni des extraits substantiels de celle-ci substantial extracts from it may be ne doivent etre imprimes ou autrement printed or otherwise reproduced reproduits sans son autorisation. without the author's permission. In compliance with the Canadian Conformement a la loi canadienne sur la Privacy Act some supporting forms protection de la vie privee, quelques may have been removed from this formulaires secondaires ont ete enleves de thesis. cette these. While these forms may be included Bien que ces formulaires aient inclus dans in the document page count, their la pagination, il n'y aura aucun contenu removal does not represent any loss manquant. of content from the thesis. 1*1 Canada TABLE OF CONTENTS ACKNOWLEDGEMENTS vii ABBREVIATIONS viii GENERAL INTRODUCTION l CHAPTER ONE: ORIGINS OF THE SRI LANKAN TAMIL REFUGEE PROBLEM 7 INTRODUCTION 7 1.1- DEMOGRAPHIC COMPOSITION OF SRI LANKA 10 1.1.1-The Sinhalese 10 1.1.2-The Tamils 14 1.2 - BACKGROUND AND ANTECEDENTS TO ETHNIC CONFLICTS 20 1.2.1 - The Impact of the Buddhist Sangha and Dravidian Invasions 22 1.2.2 - The Fall of the Sinhalese Kingdom and the rise of the Jaffna Kingdom 27 1.2.3 - The Impact of the British Raj on Sri Lanka 29 1.2.3.1 - The Social Impacts on the Island 30 1.2.3.2 - Constitutional Reform: Communal Versus Territorial Representation 32 1.2.3.3 - The Pan-Sinhalese Ministry & Ponnambalam's "50-50" Demand 34 1.3 - FACTORS LEADING TO ETHNIC CONFLICT AND TO NATIONAL DISINTEGRATION 36 1.3.1 - Sinhalese National Resurgence 37 1.3.2 - The Collapse of the Economy and Power-Politics 41 1.3.3 - Relation Between the Politics and the Sangha in Modern Times 43 1.3.4 - Legislation Favouring the Sinhalese 44 1.3.4.1 - The Language Bill of 1956 45 1.3.4.2- Field of Education 48 1.3.4.3- Field of Employment 51 1.3.4.4 - Land Reforms and Sponsored Colonization 52 1.3.4.5 - Indian Tamils' Grievances 53 1.3.5- Growth of Tamil Separatist Nationalism 54 1.4 - THE ETHNIC VIOLENCE AND THE DISPLACEMENT OF TAMILS AS REFUGEES 57 1.4.1 - Ethnic Violence and Conflicts 1956 58 1.4.2-The Riots of 1958 59 1.4.3 - Ethnic Violence in the 1970s 61 1.4.4- Ethnic Violence and the Burning of the Public Library in Jaffna 1981 62 1.4.5 - The 1983 Riots and the Displacement of Tamils as Refugees 63 CONCLUSION 65 i ABSTRACT The inspiration to undertake a scientific canonical study on the pastoral care of refugees came from the plight of thousands of Tamils from Sri Lanka who took refuge in the State of Tamil Nadu in India from 1983. A large number of them were Catholics and it was apparent from their way of life that the spirit of Catholicism was deeply entrenched in them. Because of their deep Catholic faith and their unique situation, the Catholic Church has a grave obligation to offer them special pastoral care. The purpose of this dissertation, therefore, is to address this pastoral situation, and examine critically some theoretical, pastoral and structural issues that might enable pastors of the Church to minister to Tamil refugees in accord with their emotional, psychological, spiritual, social and economic needs. Up to now there has not been any major study specifically on the pastoral care of Sri Lankan Tamil refugees in Tamil Nadu, India. The principal method we use in this study is analytical in nature. We will review certain historical-sociological factors relating to the current Sri Lankan Tamil refugee phenomenon. But the central question of our inquiry concerns the pastoral care of Sri Lankan Tamil refugees in Tamil Nadu. The historical facts and various sources, such as papal constitutions, and Roman instructions, decrees and laws, the documents of the Second Vatican Council, and both Codes of Canon Law, are the focus of our analysis. This dissertation contains four chapters which reflect four inter-related issues. The first chapter considers the historical and sociological background of the Sri Lankan Tamil refugee problem. The second chapter deals with the Catholic Church's teaching on the pastoral care of displaced persons, with special reference to refugees. The third chapter examines the canonical aspects of pastoral care of refugees in light of the canons of CIC 1983 and the norms of the Pontifical Council's recent Instruction, Erga migrantes caritas Christi: The Love of Christ towards Migrants. Wherever applicable, we also try to refer to those canons of the Eastern Code (CCEO) which have relevance to the care of refugees. The fourth chapter looks at the current pastoral care received by the Sri Lankan Tamil refugees in the State of Tamil Nadu and offers concrete recommendations to the Church in Tamil Nadu for a more effective pastoral care of Sri Lankan Tamil refugees. The Church in Tamil Nadu has faced and continues to face many practical problems in attending to this enormous refugee problem. The Church has been generous in its service to Tamil refugees. However, the Church can improve its ministry further by establishing special canonical structures suitable for the effective pastoral care of displaced people irrespective of their origin. In light of the recent developments that have taken place in Sri Lanka, it is our hope that all pastors and the Christian faithful of Tamil Nadu will continue to offer appropriate pastoral care to those Sri Lankan Tamil refugees who are still living in camps in the State. Such an attitude on the part of all concerned, we believe, is absolutely necessary for the success of any pastoral programme designed to promote and foster the all-round well-being of all refugees. ACKNOWLEDGEMENTS I wish to express my heartfelt thanks and gratitude to all those who have accompanied me through these years of my study at Saint Paul University. First and foremost my thanks rise to God for all the wonderful blessings God has bestowed upon me and to our Blessed Mother, Mary Immaculate, for her unfailing love and guidance I have experienced all my life. I am grateful to my Congregation, the Missionary Oblates of Mary Immaculate, and in particular, all the Oblates in India whose prayers and encouragement have supported me all through my religious life. I thank my former superiors, Frs. Jeevaratnam Anthony and Pathinathan Missian who sent me first to Rome and then to Canada for Canon Law studies, and my present superior Fr. Francis Nallappan who has been a source of encouragement and support during my studies at Saint Paul University. My special thanks go to Rev. Dale Schlitt, OMI., the former Rector of Saint Paul University, Rev. Alexander Tache, OMI., Rev. Francis G. Morrisey, OMI., and Rev. Denis Dancause, OMI., for inviting me pursue Canon Law studies at Saint Paul University and for their continued support through these past few years. I am truly indebted to Rev. Denis Dancause, OMI for the fraternal care he showed to me while living at the Seminary. I sincerely thank Rev. Luc Tardiff, OMI., Rev. Bro. Henry Gagnon, OMI., Rev. Francois Beyrouti, Dr. Michael Rock and all residents at the seminary for their support and encouragement.