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Is Sinhala the Official Language of Sri Lanka? – I

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By Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development

When I raise this question, one may wonder why I raise this question 64 years after Sinhala was made the Official Language of Sri Lanka by the Official Languages Act, No. 33 of 1956. The people in the country, including the people in the North and the East, the politicians and the political parties in the South may believe that Sinhala is the Official Language of Sri Lanka applicable throughout the country. But the Tamil political parties in the North and the East and the Muslim political parties know that it is not the case. It is they who got this done extending support to Ranasinghe Premadasa to win the 1988 Presidential Election against Mrs. Sirimavo Bandaranaike.

I was prompted to do this study on the operation of the Official Language Policy in Sri Lanka on my own experience that I gathered from my communications with some public officials in the Eastern Province. In December 2019, I sent a lengthy letter in Sinhala to the Commissioner General of Lands with copies to the Divisional Secretary of Manmunai North and the District Secretariat of Batticaloa complaining about a grave injustice done to a Tamil national in the East by the Divisional Secretary of Manmunai North and the District Secretariat of Batticaloa by depriving him of his right to his land contrary to law. On receipt of my complaint the Commissioner General of Lands convened a meeting of all concerned parties including the Divisional Secretary of Manmunai North and the District Secretary of Batticaloa in January 2020 and directed them to grant relief to the affected person. Ignoring the direction of the Commissioner General of Lands, the Divisional Secretary of Manmunai North and the District Secretariat of Batticaloa sent me their responses in Tamil. Prior to that also they had responded in Tamil some letters that I sent to them in English on the same issue. On the other hand, I found that they had responded in Sinhala to all the letters that they had received from the Commissioner General of Lands.

In 2017, I visited the Uhana Divisional Secretariat in the Ampara District to conduct an educational programme on law and human rights for the staff of the Divisional Secretariat and the general public in the area. There a participant, an soldier, raised a grievance that he had faced. On an inquiry about a state land that belongs to him from the land office at Central Camp he had got a letter in Tamil. As he did not know Tamil he had to go in search of a translator and pay him Rs. 100 and get the letter translated into Sinhala. That is the plight most of the Sinhala people in the North and thee East are facing today.

According to the Constitution, today, Sinhala is not the Official Language of Sri Lanka, it is only an Official Language, one of the two National Languages of Sri Lanka, the language of administration, used for the maintenance of public records and the transaction of all business by public institutions in the seven Provinces where the majority of population speak and use Sinhala for transacting business in and with public institutions. Sinhala is no longer the language of administration throughout Sri Lanka.

As all the public institutions in the seven Provinces – Parliament, Provincial Councils, Local Authorities, Government Departments and Courts use Sinhala to conduct business and to maintain records, and the people can receive communications from and to communicate and transact business with public officials in these areas in the country they assume that Sinhala is the official language of the whole country.

Sinhala remained the Official Language of Sri Lanka continuously for 32 years from 1956 to December 17, 1988. Dr. Colvin R de Silva, who is said to have opposed the Official Languages Act in 1956, saying that one language would result in two countries and two languages in one country, did not think it necessary to change the official language policy of the country when he introduced the 1972 Constitution.

The provisions relating to the Official Language in the 1972 Constitution are as follows:

S. 7. The Official Language of Sri Lanka shall be Sinhala as provided by the Official

Languages Act, No. 33 of 1956.

S. 8 (1). The use of the Tamil language shall be in accordance with the Tamil Language

(Special Provisions) Act, No. 28 of 1958.

The language rights of the Tamil speaking people have been adequately provided by the Tamil Language (Special Provisions) Act, No. 28 of 1958.

When President J. R. Jayewardene introduced the 1978 Constitution creating Executive Presidency, he did not change the provisions relating to the Official Language in the 1972 Constitution. At the time he introduced the 1978 Constitution, he adopted the provisions relating to the Official Language in the 1972 Constitution.

The following are the provisions relating to the Official Language in the 1978 Constitution.

Art. 18. The Official Language of Sri Lanka shall be Sinhala.

Art. 19. The National Languages of Sri Lanka shall be Sinhala and Tamil.

Art. 22 (1) The Official Language shall be the language of administration throughout Sri Lanka provided that the Tamil Language shall also be used as the language of administration for the maintenance of public records and the transaction of all business by public institutions in the Northern and Eastern Provinces.

This is nothing but giving effect to the Tamil Language (Special Provisions) Act, No. 28 of 1958.

By Article 22 (1) JR ensured that Sinhala shall remain the language of administration throughout Sri Lanka including the Northern and Eastern Provinces.

Art. 24 (1) The Official Language shall be the language of courts throughout Sri Lanka and accordingly their records and proceedings shall be in the Official Language; Provided that the language of the courts exercising original jurisdiction in the Northern and Eastern Provinces shall also be Tamil and their records and proceedings shall be in Tamil.

Through 1978 Constitution, JR constitutionally guaranteed that: (a) Sinhala shall be the Official Language of Sri Lanka; (b) The Official Language shall be the language of administration throughout Sri Lanka; (c) The Official Language shall be the language of courts throughout Sri Lanka.

At the time JR adopted the 1978 Constitution Ilankai Thamil Arasu Katchi or the Federal Party was the biggest Opposition political party in Parliament with 17 MPs and A. Amirthalingam was the Leader of the Opposition in Parliament.

Although Leftist political parties and the SLFP were critical of the Executive Presidency and opposed it, there was not much opposition or public protests on the part of the Tamil political parties against the provisions relating to the Official Language in the 1978 Constitution. When the Official Languages Act was introduced in Parliament in 1956, there were huge protests and civil disobedience campaigns organized by Tamil political parties against it. Probably they may have realized by then that the language rights of the Tamil speaking people have been adequately provided for by the provisions relating to the Official Language in the 1978 Constitution.

Even at the time J. R. Jayewardene was compelled to bring the 13th Amendment to the Constitution setting up Provincial Councils in 1987, he did not amend the provisions relating to the Official Language in Articles 18, 22 (1) and 24 (1) in the 1978 Constitution, although he added two new sub-Articles to facilitate the functioning of the newly set up Provincial Councils in the North and the East.

Art. 18 (2). Tamil shall also be an official language.

18 (3). English shall be the link language.

Tamil was also made an official language so that the Provincial Councils proposed to be set up in the North and the East could conduct their official functions in Tamil without any hindrance. It did not relegate the status given to Sinhala as the Official Language of the whole country.

But all these were changed by Ranasinghe Premadasa to get the support of Tamil and Muslim political parties in the North and the East to win the Presidential Election held in December 1988.

The 1988 Presidential Election was held on December 19, 1988. Two days prior to the Presidential Election, on December 17, 1988 Premadasa got two Amendments – the 15th and the 16th Amendments to the Constitution – enacted. With the 16th Amendment to the Constitution, President Premadasa brought about far-reaching changes in the hitherto existing Official Language policy in the country as shown below:

After the 16th Amendment to the Constitution:

Although nominally Sinhala is The Official Language, in effect it is no longer The Official Language of the country, it is only an Official Language in the sense that it is the language of administration in seven provinces;

It is no longer the language of administration throughout Sri Lanka.

One can say that constitutionally Tamil is the language of administration throughout Sri Lanka as there is no limitation imposed on its application as in the case of Sinhala.

The Proviso to Article 22 (1) could result in the creation of minority linguistic ethnic units at the Divisional Secretariat level using languages different from the language of administration in the province as the language of administration for such area.

Even Arabic may be used as the language of administration for some of such areas like Kattankudy/Saindamaruthu. Already there have been disputes between the Tamil and Muslim communities in Kalmunai each community demanding a separate Divisional Secretariats for themselves.

The 16th Amendment:

a. disabled the Official Languages Act, No. 33 of 1956 and made it ineffective;

b. removed Sinhala from the pedestal that it had occupied all this time as the Official Language of Sri Lanka;

c. relegated Sinhala from being the language of administration throughout Sri Lanka to the language of administration in the seven Provinces of Sri Lanka other than the Northern and Eastern Provinces;

d. raised Tamil from being the language of administration in the Northern and Eastern Provinces to the language of administration throughout Sri Lanka without any restrictions imposed on it as in the case of Sinhala;

e. replaced the use of national languages with English, thereby strengthening the position of communalist politicians to continue their exploitation of poverty and ignorance of their people enabling them to obtain documents from and conduct communications with all public institutions throughout the country in English;

f. instead of promoting national harmony through facilitating communications among public institutions in different areas in the country in national languages, promoted division among people by promoting English as the means of communication among provincial councils and local authorities using different languages as the language of administration.

g. relegated Sinhala from being the language of courts throughout Sri Lanka with their records and proceedings maintained in Sinhala to the language of courts in the 7 Provinces of Sri Lanka other than the Northern and Eastern Provinces;

h. in relation to laws and subordinate legislation enacted by Parliament, removed the requirement that Sinhala text shall prevail in the event of any inconsistency between Sinhala and Tamil or English texts;

i. removed the requirement of persons seeking admission to the Public Service, Judicial Service, Provincial Public Service, Local Government Service or any public institution being examined through the medium of either of the National Languages – Sinhala or Tamil;

Now an applicant has the choice of deciding the language he is to be examined. It may be English or even Arabic.

In fact, this has been brought for the purpose of opening the public service to those students of International Schools who receive their education in English medium and who do not know either Sinhala or Tamil.

j. removed the requirement of persons joining the Public Service acquiring a sufficient knowledge of the official language within a reasonable time after admission to such service;

Now, there is no requirement for any public servant in the North and the East to acquire any knowledge of the Sinhala language; he has only to acquire knowledge of the language as is reasonably necessary for the discharge of his duties – that is Tamil.

k. Removed the requirement of publishing all Orders, Proclamations, rules, by-laws, regulations and notifications made or issued under any written law by any public institution, Provincial Council or a local authority in both National Languages;

l. Required all public institutions other than Provincial Councils or local authorities to publish all such documents in Sinhala and Tamil together with a translation thereof in English;

m. Required the Provincial Councils and local authorities to publish all Orders, Proclamations, rules, by-laws, regulations and notifications made or issued under any written law by them and all other official documents including circulars and forms issued or used by such body or local authority, in the language of administration in the areas in which they function, together with a with a translation thereof in English.

This has resulted in the denial of the rights of tens of thousands of Sinhala speaking people in the Northern and Eastern Provinces in Sri Lanka from conducting communications with Provincial administrations and local authorities in their national language and placing them in great difficulty, compelling them to transact their communications with public institutions in Tamil, a language they are not conversant with.

The availability of English translation will not help the ordinary people, whether Tamil or Sinhala speaking. It has been done at the request of and for the benefit of the leaders of Tamil and Muslim political parties who continue to hoodwink the masses of the helpless Tamil speaking people with their false slogans of winning the rights of Tamil speaking people, while they themselves enjoy all the privileges conducting all their transactions in English.



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Trump’s tariffs, AKD’s gazette and Sri Lanka’s diplomatic slumber

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“We are rather respectable in Colombo. We go to bed fairly early, and we remain there till morning. “

According to Sri Lanka’s diplomatic folklore, the late S.W. R. D. Bandaranaike uttered these words while explaining the reasons for Sri Lanka’s abstention on the UN resolution condemning the Soviet invasion of Hungary. Apparently, SWRD’s foreign ministry officials were asleep at home when the diplomatic cable seeking instructions was received from New York. In those days, there were no cell phones, Internet, or even fax or telex machines. The diplomatic cables were sent through post offices. Decoding them was a slow and time-consuming process. Thus, the government could not provide appropriate instructions to our mission in New York in time, and the Sri Lankan delegation abstained on that sensitive UN vote.

Sri Lanka’s Absence from Section 301 Consultations

But then, how does one explain Sri Lanka’s absence from the crucial bilateral consultation held in Washington by the Office of the United States Trade Representative (USTR) during March-April on “Forced Labour” under the Section 301 of the US Trade Act of 1974? Didn’t our foreign and trade ministries send appropriate instructions to Washington in time? Even if the instructions from the foreign ministry were transmitted to our embassy in Washington by pigeon carriers, there was enough time for Sri Lanka to participate in those meetings.

In March, the USTR initiated these 301 investigations on 60 trading partners, and invited all of them for confidential consultations. Out of the 60, 46 participated in these consultations. Sri Lanka was not one of them. Other countries that didn’t participate in these consultations included China, Russia, and Venezuela! In addition to that, the Section 301 Committee conducted a public hearing with interested parties on April 28 and 29. Washington-based diplomats, representatives from few trade ministries as well as representatives from many foreign trade associations and chambers participated in these hearings. Sri Lanka was once again conspicuously absent.

As a result, when the USTR published the proposed forced labour tariffs on June 2nd, Sri Lanka ended up with a 12.5% duty. Pakistani and Indonesian diplomats participated in these consultations and took appropriate follow-up measures, and managed to enter the 10% duty category. As even a threat of a modest tariff hike could disrupt supply chains and reduce competitiveness, particularly in an industry such as garments, I discussed this issue on 15 June and underscored the importance of Sri Lanka’s participation at the next hearing, which was scheduled to be held from July 7th .

Awakening from Diplomatic Slumber and AKD’s Gazette

Fortunately, Sri Lanka finally awoke from weeks of diplomatic slumber, and Ambassador Mahinda Samarasinghe participated in the public hearing on 9 July, and promised, “…. · We have agreed to the text in our negotiations with the USTR on forced labour, …. The gazette as we speak is being printed and I’m getting the gazette tomorrow morning, and the gazette will be shared with USTR as I get it“.

As promised, President Anura Kumara Dissanayake issued a gazette on 10 July banning the imports of goods produced by forced labour. These new regulations are very similar to what Pakistan and Indonesia enacted in April, after their consultations with USTR in March. Why couldn’t we do it in April? Why did we wait till the very last minute?

Challenges ahead

“War is too important to be left to generals alone,” is a famous saying attributed to former French Premier Georges Clemenceau. Similarly, monitoring our main markets is too important to be left to diplomats alone. The United States is the largest single-country market for Sri Lanka. Therefore, Sri Lankan trade chambers and associations should become more proactive in these markets and participate in these events. For example, the chairman of the Pakistani apparel exporters association participated in the April hearings. Similarly, representatives from the Indian Agricultural and Processed Food Products Export Development Authority, the Federation of Indian Chambers of Commerce and Industry, the Confederation of Indian Industry, and Reliance Industries also participated in July hearings. At an event where each speaker is given only five minutes (strictly enforced), having a number of speakers from a country is an advantage. The presence of industry representatives in these kinds of events also help them understand the market dynamics and the future challenges. This is important, particularly because there will be many more challenges with Trump’s tariffs.

With the gazette issued on 10 July, Sri Lanka has imposed a prohibition on the importation of goods produced with forced labour. Now, the challenge will be to effectively enforce the prohibition. And what are the goods produced with forced labour? The USTR list only focuses on aluminum, cotton, electronics, lithium-ion batteries, rice, and tobacco. However, according to the U.S. Department of Labour, the list is much longer. Hence, this list may change continuously during the next two years and tariffs may fluctuate once again.

So, this is definitely not the time to slumber.

(The writer, a retired public servant, can be reached at senadhiragomi@gmail.com)

by Gomi Senadhira ✍️

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Tales of Mystery and Suspense 10 Casino for Sale

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After the overwhelming grotesquerie of J K Rowling’s latest Cormoran Strike novel (written, I should have noted, as the others were, under the pseudonym Robert Galbraith), I thought I should return to the world of fun, and also a much shorter description since this thriller moves quickly without the layers of detail that Rowling engages in.

I then move to the second comic thriller by Caryl Brahms and S J Simon. This, their second story to feature Vladimir Stroganoff and Adam Quill, was Casino for Sale, as lunatic a romp as the first, though without the emphasis on the ballet that characterized A Bullet in the Ballet.

This one begins with the impresario Stroganoff buying a casino cheap from Baron Sam de Rabinovich, only to find that it was a rundown place, not the grand casino of La Bazouche, a resort on the Frenc+h Riviera, as he had initially thought. The grand one belonged to Lord Buttonhooke, and Stroganoff could  not compete, until he thought of bringing the Ballet Stroganoff to the casino – which of course leads to Buttonhooke deciding to have ballet performances in his Casino too.

Stroganoff invites Quill to visit him, which Quill decides to do since he has left Scotland Yard, having come into a legacy. No one believes this, and he has to face questions as to what he did to have been sacked, with sympathy for having been found out.

Caryl and Simon

The day he arrives in La Bazouche there is a murder, of a vitriolic critic called Citrolo, in Stroganoff’s office. He had been going to write a damning review of the opening night of the ballet and Stroganoff, when he realizes Citrolo cannot be swayed, drugs him and dictates the review himself to the papers. He leaves Citrolo sleeping and finds him shot the next morning, whereupon he decides to muddy the waters and leave a suicide note and lots of other murder weapons. So much overkill, as it were, of course ensures that he is arrested.

But the excitable French detective who makes the arrest follows up his suggestion that Buttonhooke was also involved, and so the two casino owners find themselves in cells next door to each other, with the detective Gustave quite happy to provide creature comforts for a fee.

Quill decides he must investigate, and finds Gustave most cooperative, since he has a laid back attitude to work. So it is Quill that finds a notebook which makes it clear Citrolo is an accomplished blackmailer, and that there are lots of possible murderers, including Stroganoff’s croupier, who was crooked, Rabinovich, who was now working for Buttonhooke, a confidence trickster called Kurt Kukumber, whose prospectus for a dud gold mine was found in the office and Prince Alexis Artishok who was engaged in a deal to buy diamonds from the ballerina Dyra Dyrakova.

Stroganoff had been trying to get Dyrakova to dance for him, but having done so previously she had refused. But then to Stroganoff’s chagrin she agreed to dance for Buttonhooke. The clearly crooked Artishok had told Buttonhooke’s mistress Sadie Souse, who was not very bright, that Dyrakova possessed diamonds she was willing to sell cheap, and Sadie was determined to have them.

Quill meanwhile finds out that there was a secret passage to Stroganoff’s office, the obvious solution to what had begun as a locked room mystery, and that this was known by almost everyone apart from Stroganoff himself. And then Rabinovich is murdered, just after Gustave had released his two original suspects, leading him to blame Quill for having insisted on that and thus allowing them to kill again.

Soon afterwards Dyrakova arrives, and the town is full of posters announcing that she will appear in the casinos, elaborate posters for either one, since Stroganoff is determined that she will dance for him, and if she does not come willingly, he has devised a scheme to make her do so unwillingly. So, though Buttonhooke has her taken off to his yacht immediately she arrives at the station, Quill along with Arenskaya gets her into a launch and to Stroganoff’s casino, where she performs to tumultuous applause, not knowing for whom she is dancing.

When Quill asked her about the diamonds, she said she had sold them long ago, and that gave Quill the solution to the mystery. Rabinovich had known about this, and Artishok had killed him to prevent Sadie learning it from him, he had killed Citrolo who had recognized him for an accomplished card sharper, not a Russian prince at all. But before he is arrested, he gets away in a boat, and the police launch that pursues him is on the point of catching him up when it runs out of petrol.

Again, lots of excitement, and entertaining references  – Gustave grows marrows – and if not quite as brilliant as its predecessor, Casino was certainly a delightful read.

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The challenge of being positive about SAARC

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The RCSS forum addressed by SAARC Secretary General Ambassador Md. Golam Sarwar in progress. (Pic courtesy RCSS)

It was a few years back that a former President of Sri Lanka took it on himself to pronounce SAARC ‘dead’. Since then there have been other sections of Sri Lankan opinion that have joined the critics of SAARC and taken the solemn stance that SAARC has indeed died what may be called a natural death.

Their fatalism is understandable. SAARC has failed to meet at heads of government or state level for the past several years to take the SAARC process notably forward. Regional cooperation has more or less been only an appealing idea. No substantive concrete projects have taken off to make the idea a hard reality. ‘Inner paralysis’ seems to be SAARC’s lot. Hence the fatalism in these circles.

However, being one of the worst cash-strapped regions of the world and a teemingly populated one with people virtually left to their devices, what choices do the ‘SAARC Eight’ have other than to try their best to band together and continue with their cooperation efforts, however small they may be?

There is no escaping the mounting debt trap for many of these countries and bankrupt Sri Lanka is a glaring example, but ‘throwing in the towel’ and abandoning themselves entirely to the diktats of the strongest economies and their agencies will prove a ‘living death’ for many countries in the SAARC fold.

The gains may be meagre but giving-up on SAARC cooperation in full would prove self-defeating for the organization and South Asia. Right now, the collective intention ought to be to salvage what the region could from the tenuous cooperative efforts. Moreover, such initiatives could go some distance to generate a degree of goodwill among the Eight and help in sustaining a dialogue process.

Given this backdrop it proved ‘a stich in time’ for the Regional Centre for Strategic Studies (RCSS), Colombo, to recently host the SAARC Secretary General Ambassador Md. Golam Sarwar to a round table discussion on the unifying potential of SAARC and its future possibilities, besides other related issue areas.

Held on June 24th and moderated by RCSS Executive Director and former ambassador Ravinatha Aryasinha, the forum brought together a vibrant, wide ranging audience comprising academicians, diplomats, senior public servants, civil society activists and many others. Following the presentation by Ambassador Golam Sarwar titled, ‘Reigniting SAARC: Achievements, Challenges and the Way Ahead’, a lively Q&A followed.

The above forum could be described as an act of lighting the proverbial ‘candle’ rather than ‘cursing the darkness.’ It surely is a ‘darkness’ that could be seen as daunting considering that the region’s pivotal powers, India and Pakistan, are failing to act in a spirit of accord but are engaged in bitter finger-pointing on a number of questions of vital importance to SAARC.

On the other hand, what is the rest of the region doing to bring the above sides together? It is disappointing that to date the rest of SAARC has failed to launch a major diplomatic drive to bring peace between the feuding regional heavyweights. It needs to act without delay and establish its earnestness and this effort would need to prove SAARC’s staying power in the unfolding months and even years.

In assessing SAARC’s seeming failure local opinion in particular has failed to factor in what could be described as weak leadership. Since Sheikh Mujibur Rahman of Bangladesh, the founding father of SAARC, the region has failed to produce a visionary leader who could advance the SAARC cause with charisma and drive.

Among other reasons, weak leadership accounts considerably for the faltering and stuttering status, as it were, of SAARC. Badly needed are leaders who could go the extra mile, think less of narrow national interests and work diligently towards the collective well being of the region but SAARC’s millions of ordinary people have been made to wait in vain for leaders of such stature. Instead, they have been burdened with politicians who seem to be relishing the apparently moribund state of SAARC.

Looking back, it could be said that it was the dynamic leadership factor that led to the launching of the Non-Aligned Movement and for its sustenance for a few decades. True, it could be seen in some quarters that NAM is no more, but as in the case of SAARC, the former too has been unfortunate to be burdened over the years with politicians who lack the vision and drive to unflaggingly advance the fortunes of the South. NAM and SAARC lack the dynamism and vision of leaders of the stature of Jawaharlal Nehru, for example, to give them the required guidance and intellectual depth.

The reasons are complex for there not being among us currently political leaders with the vision and the steadfast commitment to advance the legitimate interests of the South. However, it could be stated with conviction that the majority of Southern leaders have too easily caved in to the demands of the global North and its financial agencies.

These leaders have failed to see, for instance, that the largely market economy oriented Northern governments would not view with favour a centrist economic model that attaches priority to the interests of the dis-empowered publics of the South. This realization ought to have dawned on the current government in Sri Lanka, for instance, some while ago but it has no choice but to abide by IMF dictates since economic survival at present is unthinkable without the latter’s succour.

Accordingly for SAARC this should be the time for some soul-searching. Priority needs to be attached to ending the feuding between India and Pakistan since at present the material fortunes of the region hinge largely on these regional giants giving peaceful relations among them a try. This is no easy challenge to meet but some daring, visionary diplomacy needs to take hold among the rest of SAARC.

There is some sense in SAARC bringing the peoples of the region together through programs that address their best collective interests. A meeting of minds among SAARC nations could enable SAARC and its agencies to build a region-wide people’s movement for progressive political and economic change that could in turn lead to the region’s political leaders sensitizing themselves more to the neglected needs of their publics.

However, the time is ‘now’ for the initiation of these progressive changes and the voice of SAARC well wishers would need to drown out those of their critics.

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