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Land Rights of Veddas

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by Jayantha Perera

The chief of Wannila eththo (Veddas or forest dwellers) and the Center for Environmental Justice filed a petition recently in the Appeal Court of Sri Lanka against the clearing of 500 hectares of land in Pollebedda-Rambakan Oya area, a well known ancestral domain of Veddas. The petition stated that the Mahaweli Development Authority had begun an agricultural and livestock project on the land to cultivate maize without conducting an environmental impact assessment. The chief claimed that the land is a part of the ancestral domain of Veddas, and such land clearings would cause their eviction from ancestral land, harm their culture, and usurp their rights over natural resources in the territory. This paper examines their ancestral land rights in the context of international law.

 

Who are Veddas?

Veddas are indigenous peoples, and international law recognizes their existence and rights. They are distinct social and cultural groups who share collective ancestral claims to the lands and natural resources where they live, occupy, or from which they have been displaced. The land and natural resources on which they depend are inextricably linked to their identity, culture, livelihoods, and spiritual well-being. They maintain a language distinct from the official languages.

Veddas live in monsoon dry forests in eastern parts of Sri Lanka. At present, their population is less than 5,000 persons. They consider themselves as Adivasis (original inhabitants) of Sri Lanka. They are forest dwellers who hunt and gather for subsistence. Some are engaged in chena (slash-and-burn) cultivation under rain-fed conditions. Development programs during the past half a century have taken their land, deprived them of their use of natural resources, and limited their access to wildlife sanctuaries that were previously their ancestral land.

Ancestral lands of Veddas have three temporal spaces. The first is the active link with their past traditional domain, which goes back to the pre-colonial time and beyond. The second is the current ancestral domain that overlaps with their past ancestral land or, at least, with a part of it. The third is the traditional domain that they aspire to transmit to their future generations. The social and cultural attachments of an indigenous group to a particular territory are the crucial elements of its indigeneity. International law and international human rights law consider attachment to their ancestral land a fundamental right of indigenous peoples.

 

Veddas and International Law

The United Nations Declaration on the Rights of Indigenous Peoples of 2007 provides the contours of indigenous peoples’ rights framework. Sri Lanka is a signatory to the Declaration. It highlights indigenous peoples’ relationship to their lands, territories, and natural resources as the core of their identity, well-being, and culture. Preservation of the environment, transmitted through traditional knowledge, passes down through generations, is also at the center of their existence.

Article 26 of the Declaration on the Rights of Indigenous Peoples specifies that:

1. Indigenous peoples have the right to the lands, territories, and resources they have traditionally owned, occupied, or otherwise used or acquired.

2. Indigenous peoples have the right to own, use, develop and control the lands, territories, and resources that they possess because of traditional ownership or other traditional occupation or use and those they have otherwise acquired.

3. States shall give legal recognition and protection to these lands, territories, and resources. Such recognition shall be conducted with due to the indigenous people’s customs, traditions, and land tenure systems.

The Declaration provides a broad legal framework to protect and sustain indigenous communities. At the country-level, such protection and sustenance require a regulatory framework. Sri Lanka still does not have such a framework. As a result, state departments and agencies continue to acquire ancestral land of Veddas for development programmes. In such endevours, departments and agencies do not acknowledge their cultural, spiritual, economic, and social attachments to their ancestral land or obtain their consent. Such actions have deprived them of hunting grounds and ‘criminalized’ their livelihoods, and discourage the continuity of their cultural and spiritual systems.

 

Veddas and the State

The state has usurped several Vedda settlements where they have lived for hundreds of years in harmony with nature. Their hunting and agricultural practices have enabled them to secure basic food security. Occasionally they bartered honey, dried meat, and vegetables with nearby Sinhala and Tamil settlements. Such transactions are not commercial but for survival.

The takeover of Veddas’ ancestral land for development purposes during the past half-century has forced them to resettle at government-sponsored relocation sites out of their territories. As a result, most of them who moved to new relocation sites are socially isolated and economically and politically marginalized. Development projects and urbanization undermine their culture, livelihood systems, and social organization. I remember visiting the Henanigala Vedda resettlement site in the early 1980s. Children were malnourished; adults were depressed and purposeless. They used toilet slabs distributed by Mahaweli to make enclosures for animals.

During the past half-century, Veddas have been losing their distinct cultural identity and lifestyle. Direct outside impacts transform their lifestyle, diminishing the scope of their culture and rituals. Resettlement efforts have changed Veddas’ lifestyle and gradually merged them with Sinhalese and Tamil communities, which hold cultural dominance. Such changes have compelled Veddas to adopt a new world view, religious beliefs, and to give up their unique traditional lifestyle. Their language and matrilineal inheritance patterns, for example, have been diminishing as a result.

The Mahaweli agencies have not consulted Veddas regarding development projects. I was a resident anthropologist in the Mahaweli H region in the 1970s where I met many of them. They were worried about how fast they were losing their land, identity, and culture. In the late 1980s, I was in System B of the Mahaweli as a irrigation water management specialist. The Vedda community complained that the state had established large wildlife parks such as Madura Oya Sanctuary and relocation sites without consulting them or engaging them in decision-making. International law prescribes that the state or project owners should obtain their ‘free, prior, informed consent. But no such consent-seeking exercises have ever been conducted among Veddas.

Social development indicators show that Veddas are poor performers on critical indicators. For example, in 2017, one-fifth of Vedda’s children did not attend school. 60% of Vedda girls and 15% of the boys were married before they reached 18. The reason for such poor performance was not Vedda culture or their ‘laziness’ or low-level morality, but the failure of the state to protect them and support their interests.

 

A Way Forward

A fundamental human right is that the state respects property and land rights. Another is the right to non-discrimination. These two guarantees that indigenous rights are recognized as established through historical use. The starting point for any meaningful dialogue between the state and Veddas is that the state must not limit indigenous communities’ property rights. For example, resource extraction or land acquisition or transfer should not lead to mass-scale usurpation of their ancestral lands.

The Government has to establish an independent authority in consultation with and participation of the Vedda community to guide and co-ordinate laws and policies to safeguard the interests.

The Government should have a legal framework to accommodate the Declaration of Indigenous Peoples Rights in local legal framework. ‘The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006’ in India provides a good example. The Government should also amend Fauna and Flora Protection Ordinance, Forest Ordinance, Mahaweli Development Act, Land Acquisition Act, and National Heritage and Wilderness Areas Act to fit into the new legal framework. Such laws should also recognize Veddas’ cultural rights and ensure due recognition and protection of and access to their traditional forest habitats.

 

(The writer who describes himself as a ‘Safeguard Policy Specialist’ worked worked on indigenous peoples’ issues for over 20 years in Asia. A social anthropologist he did doctoral fieldwork in the Mahaweli in the late 1970s and worked as a water user organization specialist in System B in the late 1980s.)



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From stabilisation to transformation without delay

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At a symposium on reconciliation organised by the National Peace Council last week, more than 250 religious clergy, civic activists and political representatives from different communities gathered to discuss the country’s future. Speaking at the event, Minister Bimal Rathnayake explained the government’s approach to national reconciliation. He said the government viewed the country’s recovery in terms of a three stage process. The first stage was stabilisation, the second was development and the third was transformation. Reconciliation, he implied, would come in that final stage. The participation of Opposition Leader Sajith Premadasa at the same symposium, and the constructive nature of his comments, strengthens that hope.

When the present NPP government took office in 2024, the country was emerging from one of the gravest crises in its post Independence history. The economic collapse of 2022 had led to shortages of fuel, food, medicines and electricity. Inflation soared, foreign reserves disappeared and long queues became part of daily life. The political upheaval that followed culminated in the resignation of former President Gotabaya Rajapaksa after mass public protests under the banner of the Aragalaya movement. The country was then governed by a leadership that spoke the language of reform and reconciliation but was widely perceived as lacking a direct popular mandate.

Sri Lanka’s past experience suggests that stabilisation and transformation cannot be treated as entirely separate stages. Postponing reconciliation until some future moment risks repeating the failures of the past. If transformation is endlessly delayed until a supposedly perfect moment arrives, there will always be new crises and new reasons for postponement. Minister Rathnayake’s contention that the government’s immediate priority has necessarily been stabilisation flows from the government’s awareness of the precarious situation the country is. Over the past two years, the government has succeeded to a significant extent in restoring economic and political stability. Inflation has reduced, shortages have ended and public institutions have regained a degree of functionality.

Guaranteed Changes

On the other hand, the country’s development continues to face challenges due to adverse global conditions, including disruptions caused by conflict in the Middle East and extreme weather events that have affected tourism, trade and the cost of living. The danger is that reconciliation may be indefinitely postponed in the name of stabilisation. This danger can be reduced if the government works proactively with the opposition and civil society to commence practical measures of transformation now rather than later. The participation of Opposition Leader Sajith Premadasa at the symposium, and the constructive nature of his comments, has strengthened the sense that bipartisan engagement on reconciliation may now be possible.

The urgency of transformation came through strongly in the presentations made by representatives of the Sri Lanka Tamil and Malaiyaha Tamil communities. ITAK parliamentarian S.Shritharan spoke of the frustration caused by unresolved post war issues in the north and east. He referred to disputes regarding land occupied during the war years, including controversies linked to Buddhist temples and state sponsored settlement activity in areas claimed by local communities. He also pointed to the continuing large scale presence of the security forces in the north and east nearly two decades after the end of the war. These grievances have remained central to Tamil political discourse since the end of the armed conflict in 2009. Families displaced by war continue to seek the return of ancestral lands. Civil society organisations in the north have repeatedly called for greater civilian control over local administration and a reduction in military involvement in civilian life.

Academic research and practical work on the ground have shown that reconciliation cannot be separated from questions of dignity, equality and justice. Former minister Mano Ganesan, leader of the Democratic People’s Front, focused on the longstanding problems faced by the Malaiyaha Tamil community. He spoke passionately about continuing housing shortages, landlessness and economic marginalisation, issues that have persisted since Independence. He also highlighted the devastating impact of recent extreme weather events on estate communities that remain socially and economically vulnerable. The condition of the Malaiyaha Tamil community remains one of the enduring social justice issues in Sri Lanka.

After Independence in 1948, a large proportion of them were denied citizenship and voting rights through legislation that rendered them stateless. Though citizenship rights were eventually restored, the social and economic consequences of exclusion continue to be felt generations later.

Many families still lack secure housing and land ownership despite their immense contribution to the country’s plantation economy. Minister Rathnayake’s responses to both these concerns were politically significant. He argued that recent political developments, including the declining influence of narrow ethnic politics across communities, indicated a major shift in public attitudes. According to him, the political ground has changed in ways that make it increasingly difficult for politicians who rely primarily on ethnic division and communal insecurity to retain public support.

Inter-Connected

There is evidence to support the assessment about the changing political grounding which sees future prospects in the resolution of long standing problems. . The economic collapse of 2022 affected all communities alike and generated a new politics centred on governance, anti corruption, accountability and economic justice. The Aragalaya protests brought together Sinhalese, Tamils and Muslims in a common demand for political change. Although ethnic grievances have not disappeared, the crisis created space for a broader understanding that the country’s future depends on cooperation rather than division. Opposition Leader Premadasa’s comments at the symposium reflected this changing political climate. He emphasised that national reconciliation could not be separated from economic justice and the need to address disparities between regions and social classes.v He also mentioned the need for civil society organisations to take this message to the community. This wider understanding of reconciliation is important because ethnic inequality and economic inequality have often reinforced each other in Sri Lanka’s history.

Academic studies have identified the denial of citizenship rights after Independence as a historic injustice that set back the Malaiyaha community for decades. The challenge now is to ensure that transformation becomes part of the stabilisation and development process itself. Practical first steps are both possible and necessary. The release of civilian lands still under state control, greater devolution of administrative authority, reduction of military involvement in civilian affairs, language equality in public administration and accelerated housing and land ownership programmes in the plantation sector are all measures that can begin immediately without waiting for a final stage of transformation.

The government’s recent commitment that provincial council elections will finally be held this year is therefore significant. These elections have been repeatedly postponed by successive governments. Holding them would not solve the ethnic conflict by itself. But it would signal a willingness to restore democratic institutions and share power in a meaningful way.

Sri Lanka has repeatedly postponed difficult reforms in the hope that a more convenient political moment would eventually arrive. But opportunities are invariably created and fought for instead of being provided as a gift by a benevolent government.

The present moment, shaped by the economic crisis and public demand for accountable government, offers a rare opportunity to move simultaneously towards stability, development and reconciliation. Provincial council elections can be the first meaningful step. But they must not be the last.

by Jehan Perera

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Researchers to shape new environmental policy framework

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Some of the researchers at the meeting

In a significant move aimed at steering Sri Lanka’s environmental governance towards a more science-based and evidence-driven path, the Ministry of Environment has initiated a new collaborative mechanism to integrate leading researchers into national policy formulation and conservation planning.

The initiative was discussed at a high-level meeting chaired by Dr. Dammika Patabendi at the Ministry of Environment on Tuesday, where top environmental scientists, wildlife experts and researchers were invited to contribute towards what officials described as a “strategic transition” in the country’s environmental management framework.

The discussions focused on strengthening the scientific basis of environmental conservation programmes and national policy decisions while creating a more research-friendly environment for academics and field scientists engaged in biodiversity and ecological studies.

Particular attention was paid to long-standing concerns raised by researchers regarding procedural and operational difficulties encountered when conducting studies in collaboration with the Department of Wildlife Conservation and the Forest Department.

Minister Patabendi stressed the need for environmental policies to be guided by credible scientific data rather than ad hoc administrative decisions, ministry sources said.

Among the key proposals discussed was the establishment of a streamlined mechanism that would reduce bureaucratic obstacles faced by researchers in obtaining approvals, accessing field sites and sharing scientific findings with state institutions.

The Minister highlighted the importance of building stronger partnerships between policymakers and the scientific community at a time when Sri Lanka is grappling with escalating environmental challenges including deforestation, biodiversity loss, human-elephant conflict, climate-related disasters and ecosystem degradation.

Environmentalists attending the meeting had also highlighted the urgent necessity of incorporating empirical research into national decision-making processes to ensure long-term ecological sustainability and better resource management.

The meeting brought together several of Sri Lanka’s leading environmental researchers and academics including Rohan Pethiyagoda, Saminda Fernando, Sewwandi Jayakody, Samantha Gunasekara, Dinidu Devapura, Himesh Jayasinghe, Manoj Prasanna, Mendis Wickramasinghe and Suranjan Karunarathna.

Director General of Wildlife Conservation Ranjan Marasinghe also participated in the deliberations.

Officials said the proposed framework is expected to pave the way for a more transparent, data-oriented and scientifically credible environmental governance structure capable of addressing emerging conservation challenges more effectively.

The government expects the new mechanism to support the implementation of practical and scientifically robust programmes aimed at safeguarding Sri Lanka’s ecological future while enhancing cooperation between state agencies and the country’s growing community of environmental researchers.

 

By Ifham Nizam

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Features

Back home … for a special occasion

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Seven Notes: Sri Lankans based in Dubai – with Niluk (second from left)

Niluk Uswaththa, of Seven Notes fame, based in Dubai, surprised many when he and his wife Apeksha, turned up in Colombo, last week … unannounced.

Yes, they had a purpose in their surprise visit … to wish Apeksha’s mum for her birthday, which was on Monday, 18th May, and what a surprise it turned out to be!

In an exclusive chit-chat with The Island, Niluk said that the scene in Dubai is improving and Seven Notes do have work coming their way.

Since the members of Seven Notes are all employed (doing day jobs), they operate only on Saturdays and Sundays.

Niluk: Didn’t come prepared to perform, but obliged
friends in Galle

In fact, to get to Colombo for the birthday surprise (on Monday, 18th May), the band had to skip their 17th May, Sunday gig.

“Although it’s a short vacation, my wife and I are enjoying the setup here,” said Niluk, adding that they spent two days in Galle and that their next destination is Anuradhapura.”

Niluk didn’t come prepared to perform, but he obliged the crowd present, at a friend’s birthday celebrations, in Galle, singing and playing guitar.

They are scheduled to leave for their home, in Dubai, in the first week of June.

Seven Notes is an outfit made up of Sri Lankans and the band has been around for almost nine years.

Niluk came into their scene nearly seven years ago.

“When I went to Dubai, I had offers coming my way but it was Seven Notes that impressed me because of their acoustic style.”

The Dubai’s entertainment scene is showing clear signs of bouncing back and even levelling up in the next few months.

Niluk and Apeksha: Enjoying their short vacation

After a slowdown earlier this year due to regional tensions, shows and festivals are back on the calendar, and organisers say late 2026 could be the busiest concert season in years.

Time Out Dubai says “the 2026 concert calendar is filling up nicely” and “the city is ready to party once again” after some reschedules.

Dubai Summer Surprises in July brings retail activations, comedy nights, and indoor art exhibitions.

Organisers point to a backlog of postponed events that are being rescheduled for late 2026 and early 2027.

Yes, Dubai is calm on the surface but on alert. Life is mostly normal in the city, but there’s a “balancing act” as people watch for escalation.

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