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What we must say at the UNHRC in Geneva

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by JAYANTHA GUNASEKERA, PC

Under the Presidency of Donald Trump the USA quit UNHRC alleging that the Council is biased and unreliable. It was the USA that sponsored Resolution 30/1 against Sri Lanka. With the USA leaving the UNHRC this Resolution necessarily lapses as there is no sponsor now, and it is therefore not valid.

We must, at any cost, withdraw from the co-sponsorship of this Resolution of March 2019 which was done without the approval of the Cabinet and of the then President. According to our Constitution, no foreign judges or foreign prosecutors are permissible in the judicial mechanism. Though not strictly relevant, we should also apprise the delegates of the reasons why General Shavendra Silva is being hounded and prohibited from entering the United States 11 years after the war. He did his duty by his country. As a result, 21 million people today live without fear of terrorist attacks.

It is necessary that we should go back to the period where the whole UNHRC exercise originated after the war ended in may 2009. One of the people who started the inimical exercise was the then Head of the UNHRC – Navaneethan (Navi) Pillay of Tamil descent.

We must apprise the delegates in Geneva that the US, UK and European Union politicians are making a desperate attempt to destabilize Sri Lanka not for human rights violations but because Sri Lanka refused to obey their dictates to save the life of Prabhakaran, their erstwhile friend, who not only bought stacks of their sophisticated weapons but also paid them millions of dollars in filthy lucre. These western politicians, in order to prevent their illegal sources of income completely drying up, continue to cater to the dictates of the LTTE Diaspora, who provide them fabricated and blatantly false information. The LTTE has billions of dollars stashed away, part of which is spent bribing westerners. The LTTE Diaspora lead an opulent life style in the West and continue to mount pressure on Tamils worldwide to collect millions of dollars, just as they did when Prabhakaran was alive.

Had our delegation in March 2019 consulted professionals we would not have been in this plight today. Most Lankans feel that the same old faces, the same old brains, the same old approach, the same docile manner in putting things across may bring the same old results as in 2012/2013.

Rather than depend on paid advisers only, many lawyers, diplomats, and those who have done an in-depth study should be consulted before our strategy is decided. I am confident that they will give of their best for the country ‘pro deo’. We must realize that there are good brains among the self employed that can be harnessed with no cost to the government.

We must, in Geneva, make a case against LTTE cohorts who have supplied weapons and given every possible ‘material support’ so that they could be brought before an International War Crimes Tribunal. The US, Britain, Norway and other western countries will oppose this tooth and nail as they will not want to kill the goose that lays the golden egg. The LTTE Diaspora are bribing western politicians and delivering them votes at elections to remain in office and enjoy the consequent perks.

If these matters are intelligently and convincingly placed before the delegates in Geneva, not many will vote with Britain, US. the European Union, and Canada. We may have to change our tactics now and be on the offensive. In 2012/2013 it was a fiasco. A case in point is that a few years ago, Palestine defended herself very successfully, and all the countries in the UNHRC voted with Palestine. Only the USA backed Israel.

If we are to continue to remain a sovereign nation it is mandatory that new laws will have to be enacted to make any attempt of separation either in word or in deed high treason punishable with loss of civic rights, confiscation of property and death. The State must act swiftly. The present laws to curb traitors is totally inadequate.

We should move a counter resolution backed by some friendly countries against the glaring human rights violations by the US, UK and other western countries. Even if this fails, it will dawn attention of delegates that the US and UK who are against us are themselves violators of human rights; and they should be the last to use the human right stick to beat other countries.

In October 2009, five months after the war ended, the Western Powers at the behest of the LTTE Diaspora made a desperate attempt to punish Sri Lanka before the HRC in Geneva. There was ample time for the LTTE Diaspora and the Western Powers to make out a strong case. There was no Channel 4 then so they started making fictitious films to bluff unintelligent westerners. In the absence of cogent and compelling material, UNHRC exonerated Sri Lanka. Any lawyer knows that contemporaneous evidence has to be adduced to prove any allegation. Belated evidence is valueless and considered to amount to an afterthought. Also, once exonerated the country remains exonerated on the principle ‘Autrefoi acquit’ (an accused not being tried a second time for the same crime on the same facts). Then the LTTE Diaspora machinery started working, heavily bribing the Westerners and re-canvassing the same issue on evidence thereafter fabricated which was non existent in October 2009. Now we ourselves seem to have forgotten that we have already been exonerated.

It has to be forcefully and convincingly urged that our forces saved 300,000 Tamils from the clutches of the marauding LTTE killers. This is not disputed. Some Tamils were killed by the LTTE when they were floeeing to army controlled territory for safety. The LTTE held them as a human shield without food and water. These facts are well known to the Westerners. Thousands of army personnel sacrificed their lives in the process of trying to save the Tamils.

According to these brainwashed Western powers, our forces are supposed to have killed 40,000 Tamils. Only those with a very low IQ will believe that the same forces that saved 300,000 Tamils were responsible for killing 40,000 in the last two weeks of the war. Those who make these allegations must ask themselves the question, will our forces kill 40,000 when 300,000 lives were saved by the same forces? They could have wiped out even these 300,000 or permitted Prabhakaran to kill them without putting their own lives in danger.

It is an accepted fact that the LTTE targeted and killed thousands of their own people for disobeying their orders by refusing to be a human shield and fleeing behind army lines for protection. Those who make allegations against the army must ask themselves the question: will 300,000 run for protection to the army if the same army killed 40,000 of the same Tamils? Our detractors claims not four, not 40, not 400 nor 4,000 but 40,000 dead bodies. Can 40,000 bodies be made to vanish into thin air? Where are these bodies and what are the names of the dead? Where are their graves and, if the bodies were burnt, where are the incinerators? Only those who want to believe such poppycock will do so.

The US and UK are under deep obligation to the LTTE Diaspora for the bribes they have accepted and the Diaspora votes delivered to corrupt politicians at various elections.

Britain, USA and France are heavily dependent on the sale of armaments for the sustenance of their economies. If wars are not encouraged and ongoing wars not prolonged, arms and munition factories will have to close down and those working in the arms industry will loose their jobs. So it is in the interest of arms manufacturing countries to propagate war elsewhere. They have already created chaos in Libya, Iraq, Egypt, Tunisia and Syria.

The USA and UK may be envious that Sri Lanka has eradicated terrorism while they are still grappling with the problem despite all their sophisticated weapons and superior forces. The history of US failures in military adventures in the 1950’s, when they got bogged down in the Korean war and had to retreat, is well known. Next, they had to leave Vietnam and pull out of Iraq; now they are leaving of Afghanistan in ignominy. Perhaps they should take a cue from the SL forces on how to wage a successful war.

Was Prabhakaran used by the British and Americans to kill Rajiv Gandhi? That is not an unreasonable question in a world full of intrigue. Was there a plan to use the LTTE not only to destabilize Sri Lanka but also destabilize and fragment India? The Western powers did everything to prevent India from becoming a nuclear power. We must remember how the US and UK treated India for quite some time when India developed nuclear weapons. India’s markets are enormous and the Indian economy has grown by leaps and bounds, while western economies are stagnant.

If Stephen Rapp, former US ambassador-at large for war crimes, was impartial, he should have visited the Dalada Maligawa where hundreds were killed by an LTTE bomb, Sri Maha Bodhi in Anuradhapura where many people died as a result of an LTTE bomb, Aranthalawa where several bhikkus were massacred, the Madhu Church where several Catholics were killed and a host of other places where many Sinhalese and Muslims were slaughtered. Instead, he visited only the North and says 40,000 were killed in these areas. Whom does he think he is fooling? How can Rapp tender a convincing report without a jot or tittle of convincing evidence that 40,000 were killed by the Lankan forces during the last two weeks of the war. We have not forgotten how Hillary Clinton sent David Milliband, former UK foreign secretary, and French Foreign Minister Bernard Kouchner to twist Mahinda Rajapaksa’s arm to stop the war. Rajapaksa stood his ground. Hence their present attitude. Is there any doubt that Rapp too was strongly influenced not only by his ow government but the LTTE Diaspora as well?

American and British politicians must remember the hatred that the world had for Hitler’s Germany. They must be conscious of the hatred their politicians are bringing upon their people by various acts of omission and commission. It is time that the people of those countries took their politicians to task for their actions. Politicians may come and go but the hatred they attract towards their people will stick like glue.

US Congressman Eni F.H. Faleomavega warned his government against taking sides on the Sri Lanka issue, urging it not to resort to double standards. He called upon the US to stop bullying a country strategically important to it, unnecessarily antagonizing 21 million Sri Lankans by catering to a few thousand criminal LTTE Diaspora agents.

We all remember what the then U.S. embassy defence attache in Colombo, Lt. Col. Laurence Smith, said in 2011 at a seminar on ‘Defeating Terrorism – the Sri Lanka Experience’. He made some outspoken comments that were widely reported. They included inter alia: ‘I have been the Defense Attaché here at the US Embassy in Colombo Since June 2008. Regarding the various versions of events that came out in the final hours and days of the conflict, from what I was privileged to hear and see, the offers for surrender that I am personally aware of seemed to come from the mouthpieces of the LTTE – Nadesan, KP – people who weren’t and never had really demonstrated any control over the leadership or combat power of the LTTE.

“So their offers were a bit suspect any way and they tended to vary in content hour by hour, day by day. I think we need to examine the credibility of those offers before we leap to conclusions that such offers were in fact real. It is not so uncommon in combat operations in the fog of war, as we all get our second, third, and fourth hand (information) from various commanders at various levels, that the stories don’t all seem to quite match up. But I can say that the version presented by the Sri Lankan Army at this seminar is what I heard as I was here during that time. I think I’d better leave it at that before I get into trouble”.

No sooner had he made this truthful statement, the US State Department dissociated itself with what their own Military and Defense Attaché had said. This is the way the USA and UK work. It clearly shows that the Pentagon and the State Department have two prisms through which they see the wars in the world.

It was very strange that the then Sri Lankan delegation co-sponsored this Resolution without authority from the cabinet from the then president. We must show indomitable courage in the face of daunting odds and overwhelming obstacles that will confront us in Geneva.



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I just wanted to get it stamped: A seven-hour stamp at DIE

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There is a short story by Gabriel García Márquez, Nobel laureate, master of the human comedy and its agonies, called “I Just Want to Use the Telephone.” A woman breaks down on a Spanish highway, hitches a lift to the nearest town, and simply wants to make a telephone call to tell her husband she will be late. What follows is a Kafkaesque nightmare of misunderstanding, and catastrophic bureaucratic misinterpretation that swallows her whole life. She ends up committed to an asylum. She never makes the call.

Another Nobel laureate, Milan Kundera’s The Joke, in which a Czech student writes a postcard with a harmless witticism, and the machinery of misinterpretation grinds his entire existence to dust. Two writers, two languages, two very different political contexts, and the same essential theme: the terrifying consequences of systems that refuse to think, administered by officials who refuse to listen, imposed on individuals who simply wanted something simple and ordinary.

I thought of both of them, sitting in Room 20 of the Department of Immigration and Emigration (DIE) in Battaramulla, on a perfectly ordinary morning, waiting. I just wanted to get it stamped.

The Stamp

The matter was, on its face, trivially simple. My passport carries an information page stating it is valid until 30 March 2028. It also carries, on the following page, an endorsement, a condition, restricting the passport’s validity to five years, expiring 30 March 2023. This restriction had been imposed, I was informed, because at the time of issuance I did not possess a National Identity Card (NIC) issued by the Department of Registration of Persons (DRP). Once I obtained the NIC, I was told, the condition could be cancelled by a simple further stamp. A straightforward administrative correction. A bureaucratic afterthought.

So, I arrived at the Department of Immigration and Emigration, the DIE, an acronym one cannot help but notice carries its own dark poetry, with the relevant form, the relevant fee, and my NIC. I submitted my application at approximately nine o’clock in the morning. The officer directed me to wait. I waited.

Modern technology is a mercy in such moments. The smartphone, that great time killer, allows us to read, to write, to attend to correspondence, to think. I attended to productive work. The waiting room filled and thinned and filled again around me. The morning gave way to afternoon.

The call came at around four o’clock in the afternoon, a full seven hours, hungry, thirsty, anxious waiting, for a stamp. My NIC had been referred for verification to the DRP which is located in the same building, different floor though, the verification had taken seven hours to travel vertically between floors and return. My passport was finally stamped. The restricting condition was cancelled. I was free to go. Seven hours. One building. Two floors. A stamp.

The Geography of Absurdity

Let us be precise about the geometry of this situation, because precision is what bureaucracy demands of citizens while refusing it for itself.

The information that one department needed from the other, confirmation that a national identity card bearing a specific number belonged to a specific person, is information that both departments already hold, in files, in databases, in the digital records that both institutions have been building for years.

That information was not retrieved electronically. It was not confirmed through an intranet query that would have taken thirty seconds. It was not verified through any of the digital systems that Sri Lanka’s Digital National Strategy 2030 promises to build, or that the World Bank’s $50 million Digital Transformation Project, approved in December 2025, is supposed to finance, or that President Dissanayake, who is himself the minister responsible for digitisation, has repeatedly pledged to accelerate. The information was physically transported, on paper or on foot or through some process that consumed seven hours, between two offices in the same building.

A Retired Banker’s Letter and a Nation’s Pattern

I am not alone in this observation, and I am not the first to make it in print. A well-known retired banker wrote to the letters pages of a national newspaper not long ago with a complaint that has since circulated widely among the professional and business community. His concern was the unnecessary duplication of bureaucratic processes in Sri Lanka’s government agencies, the requirement to submit the same information repeatedly to different departments that have no mechanism for sharing it with each other.

His example was instructive: a company that changes its registered address must deal separately with the Registrar of Companies (RC) and the Inland Revenue Department (IRD), resubmitting information that both institutions already hold. Two forms, two queues, two sets of fees, two sets of officials who will each process the same fact, that the company has moved, in complete ignorance of the other’s proceedings. He contrasted this with South Korea, where customs efficiency and trade facilitation have been systematically modernised, and where single-window processes allow firms to submit information once and have it flow automatically to all relevant authorities.

The contrast is not merely between administrative cultures. It is between two different philosophies of what government is for. In the South Korean conception, and in Singapore’s, and in Estonia’s, and in the many countries that have successfully digitised their public services, government exists to process the citizen’s legitimate needs with minimum friction. In the Sri Lankan conception, as it is actually practised rather than rhetorically proclaimed, the citizen exists to process the government’s requirements, repeatedly, in person, in queues, with multiple original documents, at multiple counters, on multiple occasions, regardless of how many times the same information has already been submitted.

This is not a trivial inconvenience. It is a structural tax on every productive citizen and every legitimate enterprise in the country.

The Rhetoric and the Reality

Digitalisation is, on paper, precisely the intervention that would have prevented my seven-hour wait: a delay that a single intranet query, a database check, or a digital confirmation could have eliminated. The technology is not exotic. The conceptual framework already exists. The international funding is arriving (USD50 Mn from the World Bank). The President has made the speeches.

That lagging did not happen because Sri Lanka lacked talent, the Senior Advisor to the President on Digitalization, Dr. Hans Wijayasuriya, has stated that Sri Lanka already possesses 75% of the necessary skills to build a strong digital economy. It happened because institutional culture, interdepartmental rivalry, and the chronic prioritisation of process over outcome have conspired to keep the citizen in the queue long after the queue should have ceased to exist.

The Innocent and the System

Here is the cruellest feature of the Sri Lankan bureaucratic condition, and the one that García Márquez and Kundera both understood with novelist’s precision: the systems are designed, or have calcified into designs, that punish the innocent for the sins of the guilty.

The five-year restriction on my passport existed because some applicants, in the past, had submitted fraudulent identity documents to obtain passports. The solution was to restrict all passports issued without NIC verification, regardless of the individual applicant’s circumstances, regardless of whether there was any evidence of fraud, regardless of the disproportionate cost imposed on genuine citizens. A few bad actors found a loophole. The system’s response was to close the loophole by inconveniencing everyone else, permanently, until they proved themselves worthy of having the loophole closed in their particular case.

This is the bureaucratic logic that produced the waiting room in Battaramulla. It is also the logic that produced the multiple-submission requirement for company address changes, and the interminable queue at every government counter in every district of the island. The system never trusts the citizen. The citizen must always prove, again and again, what has already been proved. And the cost of that proof, in time, in money, in lost productive hours, in the quiet erosion of civic dignity, is paid not by the officials who designed the system, nor by the fraudsters whose behaviour prompted it, but by the ordinary person who just wanted something simple.

What a Stamp Can Tell You About a Nation

There is a measure used by international organisations to assess the quality of governance in a given country. It asks, among other things, how many days it takes to start a business, how many procedures are required to register property, how many agencies a citizen must visit to accomplish a routine administrative task. Sri Lanka’s scores on these measures have been a source of persistent embarrassment.

The first is genuine inter-agency data sharing, not a pilot project, not a working committee, not a memorandum of understanding that sits unimplemented, but a functioning intranet infrastructure through which the DRP’s identity records are accessible to the DIE, through which the RC’s records are accessible to the IRD, through which the citizen’s information, once submitted anywhere in the system, does not need to be submitted again. The World Bank project promises exactly this. It must be delivered.

The second is a single-window principle applied without exception to all citizen services. If a process requires verification from another agency, that verification is the government’s problem to obtain, not the citizens’. The citizen submits once. The system talks to itself.

The third, and this is the hardest, because it requires not technology but culture, is the genuine subordination of process to outcome. The process exists to serve the citizen’s legitimate need. When it ceases to do so, the process is broken, not the citizen.

García Márquez’s woman never made her telephone call.

Kundera’s student never recovered from his postcard joke.

I got my stamp — eventually.

(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT, Malabe. The views and opinions expressed in this article are personal.)

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Sri Lanka’s vanishing wetlands put elusive otter under growing threat

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International Eurasian Otter Workshop-Colchester, United Kingdom

The world marked World Otter Day 2026 recently. Conservationists are warning that Sri Lanka’s rapidly disappearing wetlands, polluted waterways and unplanned development are placing increasing pressure on one of the island’s most elusive freshwater predators, the Eurasian otter (Lutra lutra).

The species, locally known as “Diya Balla”, is the only otter found in Sri Lanka and is regarded as a key indicator of healthy freshwater ecosystems. Yet despite its ecological importance, experts say the animal remains poorly studied and largely overlooked in national conservation planning.

Naturalist and conservationist Chaminda Jayasekara, who has spent years documenting otters in Sri Lanka, said the species is facing mounting environmental pressures across the island.

Speaking to The Island, Jayasekara said habitat destruction, chemical pollution, road kills, sand mining, and increasing human disturbance are fragmenting the waterways on which otters depend.

“Otters are extremely sensitive animals. When wetlands are degraded or rivers become polluted, they disappear very quickly. Their survival is directly linked to the health of freshwater ecosystems,” he said.

Jayasekara, who specialised in MSc Environmental Management at the University of Hertfordshire, noted that while the species has been recorded across Sri Lanka’s wet zone, dry zone and coastal wetlands, scientific data on population numbers and distribution remain limited.

According to him, the decline of wetlands has become one of the most serious environmental issues facing Sri Lanka. Marshes, mangroves, irrigation tanks and riverine habitats are increasingly being altered by urban expansion, tourism infrastructure, encroachment and agricultural runoff.

He warns that the loss of these habitats not only threatens otters, but also weakens flood control systems, freshwater security and biodiversity resilience at a time when climate-related disasters are becoming more frequent.

Jayasekara said otters play a vital ecological role by helping maintain balanced fish populations and healthy aquatic ecosystems.

“When otters thrive, it tells us the river system is functioning properly. Their presence is a sign that water quality, fish diversity and habitat conditions remain healthy,” he explained.

One of the best-known locations for otter sightings in Sri Lanka is Aranga Pond, within the Horton Plains National Park, where the species has adapted to the island’s cold montane ecosystem.

However, conservationists stress that even protected areas are not immune to broader environmental degradation occurring outside park boundaries.

Jayasekara’s own work on otters gained prominence through long-term conservation efforts at Jetwing Vil Uyana, where a former degraded chena landscape was restored into a functioning wetland ecosystem.

The restored habitat eventually attracted Eurasian otters, fishing cats, grey slender lorises and numerous wetland bird species.

Over 14 years, Jayasekara carried out field observations, camera trapping and awareness programmes involving hotel staff, surrounding schools and local communities.

“What happened at Vil Uyana clearly showed that habitat restoration works. If degraded ecosystems are given time to recover, wildlife can return naturally,” he said.

He added that wetland restoration should become a central component of Sri Lanka’s environmental policy, particularly as climate change intensifies droughts, floods and biodiversity loss.

Chaminda collecting scat for research purposes in Sigiriya

He says wetlands are among the planet’s most productive ecosystems, functioning as natural water filters and carbon sinks while providing breeding grounds for fish, amphibians and aquatic mammals.

Yet globally, wetlands are disappearing at an alarming rate, and Sri Lanka is no exception.

Conservation groups have repeatedly warned that illegal waste disposal, pesticide contamination and poorly planned infrastructure projects are severely affecting freshwater ecosystems throughout the country.

Jayasekara also highlighted the importance of stronger environmental education and community participation in conservation.

“Awareness is still very limited. Many people living close to wetlands do not realise the ecological importance of otters or the threats they face,” he said.

According to him, involving local communities in conservation monitoring is essential if Sri Lanka hopes to safeguard the species in the long term.

He also pointed to the growing international interest in otter conservation.

In November 2025, Jayasekara represented Sri Lanka at the International Eurasian Otter Conservation Workshop held at Colchester Zoo and organised by the International Otter Survival Fund.

The workshop brought together nearly 100 researchers, conservationists and wildlife experts from 33 countries to discuss emerging threats facing Eurasian otter populations.

Jayasekara presented Sri Lanka’s experience under the theme Rewilding Through Hospitality, focusing on how habitat restoration and sustainable tourism practices at Vil Uyana contributed to otter conservation.

“The international response was extremely encouraging. Many delegates were surprised that a tourism property in Sri Lanka had quietly carried out wetland conservation work for more than a decade,” he said.

Discussions at the workshop also examined wider environmental concerns including river pollution, declining fish stocks, illegal killings and habitat fragmentation affecting otter populations across Europe and Asia.

New conservation technologies such as AI-assisted wildlife tracking and environmental DNA surveys were also highlighted as emerging tools for monitoring elusive species.

Jayasekara said Sri Lanka urgently requires more scientific surveys, stronger environmental law enforcement and greater investment in freshwater conservation research.

He warned that unless wetlands and waterways are protected, several lesser-known freshwater species could face severe decline in the coming decades.

Environmentalists say otter conservation should not be viewed in isolation but as part of a broader effort to protect entire freshwater ecosystems that millions of Sri Lankans depend on for drinking water, irrigation and livelihoods.

He further noted that healthy wetlands also strengthen climate resilience by absorbing floodwaters, reducing soil erosion and supporting groundwater recharge.

As Sri Lanka experiences increasingly erratic weather patterns linked to climate change, conservationists argue that protecting wetlands is becoming both an ecological and economic necessity.

Jayasekara believes Sri Lanka still has an opportunity to become a regional example in balancing tourism, biodiversity conservation and habitat restoration.

“The otter teaches us an important lesson,” he said. “If rivers are protected and wetlands are respected, nature has an incredible ability to recover.”

This year’s observance of World Otter Day 2026 is, therefore, serving not only as a celebration of one of the world’s most charismatic mammals, but also as a reminder of the urgent need to conserve the fragile freshwater ecosystems upon which both wildlife and human communities ultimately depend.

Eurasian otter

By Ifham Nizam

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Malaiyaha Tamil people: Healing the Oldest Wound of Independence

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Hands of a Maliayaha tea estate worker

In their Vesak messages this year, President Anura Kumara Dissanayake and Prime Minister Harini Amarasuriya highlighted the values of reconciliation, coexistence and justice as essential to Sri Lanka’s future. President Dissanayake emphasised that Buddhism’s teachings remain deeply relevant to contemporary society and described Vesak as a symbol of “mutual understanding, unity and coexistence among all communities” and of reconciliation itself. Prime Minister Amarasuriya similarly called for the building of a society in which justice is assured to all irrespective of caste, race or religion. These messages were not merely religious aspirations, they were a direct challenge to the most serious failures in Sri Lanka’s post-independence history. These include the three-decade-long war, its human rights violations and the inability to implement a political solution.

These have been and continue to be the challenges that have prevented Sri Lanka from reaching its full potential. Added to this have been the persistence of social and economic inequalities that continue to marginalise communities at the bottom of the social hierarchy. One of the most enduring examples of such injustice is the experience of the Malaiyaha Tamil community. The scale of the original exclusion is worth understanding clearly. According to the 1946 Census, the Malaiyaha Tamil community numbered approximately 780,600 persons and constituted 11.73 percent of the country’s population making them the second largest ethnic community, larger than the Sri Lankan Tamil community who numbered 733,700 or 11.02 percent of the population at the time

The denial of citizenship and voting rights to the Malaiyaha Tamil community was the first major injustice inflicted on an ethnic minority in post-independence Sri Lanka. The consequences were devastating and long-lasting. A community that had contributed enormously to the country’s economy through its labour on the plantations was excluded from political participation and denied basic rights. This was a political and moral failure that cast a long shadow over the country’s post-independence history. Responsibility for that injustice needs to be shared widely. Political leaders across ethnic lines failed to resist it. The result was the marginalisation of a community whose contribution to national prosperity far exceeded the recognition it received. Today, nearly eight decades later, Sri Lanka has an opportunity to correct that historic wrong but only if economic reform is matched by genuine social inclusion.

Longstanding Grievances

The NPP government has repeatedly acknowledged the need to address the longstanding grievances of the Malaiyaha Tamil people. In its election manifesto, the NPP pledged to improve living conditions in plantation areas, strengthen land and housing rights, ensure equal access to education and public services, and integrate plantation communities more fully into national development. The NPP’s Nuwara Eliya Declaration of 2023 similarly recognised that the plantation community had suffered generations of exclusion and promised measures to address disparities in housing, land ownership, infrastructure, education and economic opportunity. The need for such action is plain to see. While citizenship issues have largely been resolved over time, the socio-economic consequences of decades of exclusion remain deeply entrenched and continue to shape daily life in plantation communities.  A conference organised by the Institute of Social Development to mark International Tea Day on May 21 at the BMICH brought out this and many other salient issues.  Headed by P Muthulingam the organisation has advocated for the rights of the Malaiyaha Tamil people for the past 35 years to be equal citizens who enjoy social and economic justice.

The central problem facing many plantation workers is the low level of income they receive. Daily wages remain among the lowest in the country relative to the difficulty and intensity of the work. Plantation labour continues to depend heavily on methods that have changed little over generations. Productivity remains low compared to competing tea-producing countries — not because workers lack capability, but because sustained investment in their welfare, skills and economic mobility has been withheld. Workers consequently remain trapped in a cycle of low wages and limited economic mobility. Their housing situation compounds these difficulties. Many plantation families continue to live in housing owned either by plantation companies or the state. Lack of secure ownership limits their ability to accumulate assets, access credit or make independent decisions regarding their future. When Cyclone Ditwah damaged plantation housing, it exposed the inability of those living in that housing to access state compensation as they did not own the housing in which they lived.

The problems extend beyond the central highlands. Plantation workers living in private estates and smallholdings in other parts of the country face similar challenges. A recent Amnesty International report documented serious abuses affecting Malaiyaha Tamil workers in private tea estates in the Southern Province.  These include wage withholding, debt dependency, restrictions on movement and intimidation and practices the report argued correspond to internationally recognised indicators of forced labour. These findings are not peripheral. They reveal that the structural exclusion of the Malaiyaha Tamil community is not a relic of the past but an active, ongoing condition. Economic vulnerability and social marginalisation continue to leave many plantation workers without effective protection or access to justice. It is against this backdrop that the government’s recent plantation reform initiative assumes special significance.

Second Phase

The government has announced the second phase of a programme to make underutilised plantation lands and assets available for investment. The objective is to transform underperforming assets into productive enterprises capable of generating employment, attracting investment and revitalising regional economies. The programme seeks to modernise the plantation sector, improve productivity and create new opportunities in tourism, renewable energy and export-oriented industries. These objectives are necessary and welcome. However, economic reform alone will not be sufficient and Sri Lanka’s own history provides the warning. Previous rounds of plantation modernisation pursued productivity gains without addressing the structural disempowerment of the people at the centre of the industry. The result was investment that generated wealth without distributing it.  The workers who produced the wealth were once again treated as labour inputs rather than as beneficiaries. If the current reform follows the same logic, it risks reproducing the same failure.

For reform to succeed, plantation workers must be recognised not merely as a labour force but as stakeholders with rights, aspirations and a legitimate claim to share in the benefits of development. Housing ownership, secure land tenure, quality education, vocational training and entrepreneurship need to be built into the reform process from the outset. The government’s commitments to the Malaiyaha Tamil community therefore need to be incorporated into every stage of the reform process. On the contentious question of land, the government should consider establishing an independent national land commission. Such a body should include respected government officials, professionals and representatives from all ethnic and religious communities. It should review land policy comprehensively, develop transparent principles for allocation and use, ensure fairness in decision making and provide a trusted mechanism for resolving disputes. A credible land commission would help build public confidence that land reforms are being undertaken in the national interest rather than for the benefit of particular groups.

The correction of historic injustices should not be viewed as a concession to one community. It should be understood as an investment in national unity, because societies do not become stronger by maintaining the exclusion of those they have wronged.  On the contrary, they become stronger by ending it. The first great injustice committed against an ethnic minority after independence cannot be undone. But its consequences can be addressed, and doing so would strengthen reconciliation, enhance social cohesion and bring Sri Lanka closer to the vision of a country in which all communities live with equal dignity and equal hope. This is what the Vesak messages of the President and Prime Minister promised. The plantation reform now underway is the moment to make good on that promise not in words alone, but in sustained policy that endures beyond any single government and reaches the people who have waited longest for it.

by Jehan Perera

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