By Godfrey Cooray
Ambassador of Sri Lanka to Norway, Finland and Iceland
According to legend, St. Sebastian was born at Narbonne in Gaul. He became a soldier in Rome and encouraged Marcellian and Marcus who were sentenced to death to remain firm in their faith. St. Sebastian made several converts; among them were master of the rolls Nicostratus, who was in charge of prisoners and his wife, Zoe, a deaf mute whom he cured.
Sebastian was named captain in the Roman Army by Emperor Diocletian, as Emperor Maximian went to the east. Neither knew that Sebastian was a Christian. When it was discovered that Sebastian was indeed a Christian, he was ordered to be executed. He was shot with arrows and left to die but when the widow of St. Castulas went to recover his body, she found out that he was still alive and nursed him back to health. Soon after his recovery, St. Sebastian intercepted the Emperor; denounced him for his cruelty to Christians and was beaten to death on the Emperor’s order.
St. Sebastian was venerated in Milan as early as the time of St. Ambrose. St. Sebastian is the patron of archers, athletes, soldiers, the Saint of the youths and is appealed to protection against the plagues. St. Ambrose reveals that the parents young Sebastian were living in Milan as a noble family. St. Ambrose further says that Sebastian along with his three friends, Pankasi, Pulvius and Thorvinus completed his education successfully with the blessing of his mother, Luciana. Rev. Fr. Dishnef guided him through his spiritual life. From his childhood, Sebastian wanted to join the Roman Army and with the help of King Karnus, young Sebastian became a soldier. Within as short span of time he was appointed as the Commander of the Army of king Karnus. Emperor Diocletian declared Christians the enemy of the Roman Empire and instructed judges to punish Christians who have embraced the Catholic Church. Young Sebastian as one of the servants of Christ converted thousands of other believers into Christians. When Emperor Diocletian revealed that Sebastian had become a Catholic, the angery Emperor ordered for Sebastian to be shot to death with arrows. After being shot, one of Sebastian supporters, Irane, treated him and cured him. When Sebastian was cured, he came to Emperor Diocletian and professed his faith for the second time disclosing that he is a servant of Christ. Astounded by the fact that Sebastian is a Christian, Emperor Diocletian ordered the Roman Army to kill Sebastian with club blows.
In the liturgical calendar of the Church, the feast of the St. Sebastian is celebrated on 20th of January. This day is, indeed, a mini Christmas to the people of Kandana, irrespective of their religion. The feast commences with the hoisting of the flag staff on the 11th of January at 4 p.m. at the Kandana junction, along the Colombo- Negombo road. There is a long history attached to the flag staff. The first flag staff which was an ariecanut tree, 25 feet tall was hoisted by the Aththidiya family of Kandana and today their descendants continue hoisting of the flag staff as a tradition. This year’s flag staff too was hoisted by the Raymond Aththidiya family. Several processions originating from different directions carrying flags meet at this flag staff junction. The pouring of milk on the flag staff has been a tradition in existence for a long time. The Nagasalan band was introduced by a well-known Jaffna businessman that had engaged in business in Kandana in the 1950s. The famous Kandaiyan Pille’s Nagasalan group takes the lead even today in the procession. Kiribath Dane in the Kandana town had been a tradition from the time immemorial.
According to the available history from the Catholic archives and volume III of the Catholic Church in Sri Lanka, the British period of vicariates of Colombo written by Rev. Ft. Vito Perniola SJ in 1806 states that the British government granted the freedom of conscious and religion to the Catholics in Ceylon and abolished all the anti-Catholic legislation enacted by the Dutch. The proclamation was declared and issued on the 3rd of August 1796 by Colonel James Stuart, the officer commanding the British forces of Ceylon stated “freedom granted to Catholics” (Sri Lanka national archives 20/5).
Before the Europeans, the missioners were all Goans from South India. In the year 1834, on the 3rd of December, XVI Gregory the Pope, issued a document Ex Muwere pastoralis ministeric, after which the Ceylon Catholic Church was made under the South Indian Cochin diocese. Very Rev. Fr. Vincent Rosario, the Apostolic VicarGeneral, was appointed along with 18 Goan priests (The Oratorion Mission in Sri Lanka being a history of the Catholic Chruch 1796-1874 by Arthur C Dep Chapter 11 pg 12) Rev Fr. Joachim Alberto arrived in Sri Lanka as missionary on the 6th of March 1830 when he was 31 years old and he was appointed to look after Catholics in Aluthkuru Korale consisting Kandana, Mabole, Nagodaa and Ragama. There have been one church built in 1810 in Wewala about three miles away from Kandana. Wewala Chruch was situated bordering Muthurajawela which rose to fame for its granary. History reveals that the entire area was under paddy cultivation of which most of them were either farmers or toddy tappers. History further reveals that there have been an old canal built by King Weera Parakrama Bahu. Later it was built to flow through the Kelani River and Muthurajawela up to Negombo which was named as the Dutch Canal (RL Brohier historian).
During the British time this canal was named as Hamilton Canal and was used to transport toddy, spices, paddy and tree planks of which tree planks were stored in Kandana. Therefore, Kandana name derives from “Kandan Aana”.
Rev. Fr. Joachim Alberto purchased a small piece of land called Haamuduruwange watte at Nadurupititya in Kandana and put up a small cadjan chapel and placed a picture of St. Sebastian for the benefit of his small congregation. In 1837 with the help of the devotees, he dug a small well of which water was used for drinking and bathing and today this well is still operative. He bought several acres of land including the present cemetery premises. Moreover, he had put up the church at Kalaeliya in honour of his patron St. Joachim where his body has been laid to rest according to his wish of the Last will attested by Weerasinghe Arachchige Brasianu Thilakaratne. Notary public dated 19th of July 1855. Present Church was built on the property bought on the 13th of August 1875 on deed no. 146 attested by Graciano Fernando. Notary public of the land Gorakagahawatta Aluthkuru Korale Ragam Pattu in Kandana within the extend ¼ acre from and out of the 16 acres. According to the old plan number 374 made by P.A. H. Philipia, Licensed surveyor on the 31st of January 195, 9 acres and 25 perches belonged to St. Sebastian church. However, today only 3 acres, 3 roods and 16.5 perches are left according to plan number 397surveyed by the same surveyor while the rest had been sold to the villagers. According to the survey conducted by Orithorian priest on the 12th of February 1844 there were only 18 school-going Catholic students in AluthKuru Korale and only one Antonio was the teacher for all classes. In 1844 there was no school at Kandana (APF SCG India Volume 9829).
According to Sri Lanka National Archives (The Ceylon Almanac page 185) in the year 1852 there were 982 Catholics – Male 265, female 290, children 365 with a total of 922. According to the census reports in 2014 prepared by Rev. Ft. Sumeda Dissanayake TOR, the director Franciscan Preaching group, Kadirana Negombo a survey revealed that there are 13,498 Catholics in Kandana.
According to the appointment of the Missionaries in the year 1866-1867 by Bishop Hillarien Sillani, Rev. Fr. Clement Pagnani OSB was sent to look after the missions in Negoda, Ragama, Batagama, Tudella, Kandana, Kala Eliya and Mabole. On the 18th of April 1866, the building of the new church commenced with a written agreement by and between Rec. Fr. Clement Pagnani and the then leaders of Kandana Catholic Village Committee. This committee consisted of Kanugalawattage Savial Perera Samarasinghe Welwidane, Amarathunga Arachchige Issak Perera Appuhamy, Jayasuriya Arachchige Don Isthewan Appuhamy, Jayasuriya Appuhamylage Elaris Perera Muhuppu, Padukkage Andiris Perera Opisara, Kanugalawattage Peduru Perera Annavi and Mallawa Arachchige Don Peduru Appujamy. The said agreement stated that they will give written undertaking that their labour and money will be utilised to build the new church of St. Sebastian and if they failed to do so they were ready to bear any punishment which will be imposed by the Catholic Church.
Rev. Fr. Bede Bercatta’s book “A History of the Vicariate of Colombo page 359” says that Rev. Fr. Stanislaus Tabarani had problems of finding rock stones to lay the foundation. He was greatly worried over this and placed his due trust in divine providence. He prayed for days to St. Sebastian for his intercession. One morning after mass, he was informed by some people that they had seen a small patch of granite at a place in Rilaulla, close to the church premises although such stones were never seen there earlier and requested him to inspect the place. The parish priest visited the location and was greatly delighted as his prayers has been answered. This small granite rock provided enough granite blocks for the full foundation of the present church. This place still known as “Rilaulla galwala”. The work on the building proceeded under successive parish priests but Rev. Fr. Stouter was responsible for much of it. The façade of the church was built so high that it crashed on the 2nf of April of 1893. The present façade was then built and completed in the year 1905. The statue of St. Sebastian which is behind the altar had been carved off a “Madan tree”. It was done by Paravara man named Costa Mama, who was staying with a resident named Miguel Baas a Ridualle, Kandana. This statue was made at the request of Pavistina Perera Amaratunge, mother of former Member of Parliament gate muadliyer D. Panthi Jayasuriya. The church was completed during the time of Rev. Fr. Keegar and was blessed by then Archbishop of Colombo Dr. Anthony Courdert OMI on the 20th of January 1912. In 1926, Rev. Fr. Romauld Fernando was appointed as the parish priest to Kandana Church. He was an educationalist and a social worker. Without any hesitation he can be called as the father of education in Kandana. He was the pioneer to build three schools to Kandana: Kandana St. Sebastian Boys School, Kandana St. Sebastian English Girls School and, the Mazenod College Kandana. Later he was appointed as the principal of the St. Sebastian Boys English School. He bought a property at Kandana close to Ganemulla road and started De Mazenod College. Later, it was given officially to Christian Brothers of Sri Lanka, by then Archbishop of Colombo, Peter Mark. In 1931, there were three hundred students (history of De Lasalle brothers by Rev. Fr. Bro Michael Robert). Today, there are over three thousand five hundred students and is one of the leading catholic schools in Sri Lanka. In 1924, one Karolis Jayasuriya Widanage donated two acres to build De Mazenod College for its extension.
First priest from Kandana to be ordained was Rev. Fr. William Perera in 1904. With the help of Rev. Fr. Marcelline Jayakody, he composed the famous hymn “the Vikshopa Geethaya”, the hymn of our Lady of Sorrow.
The Life story of St. Sebastian was portrayed through a stage play called “Wasappauwa” and the world famous German passion play Obar Amargave wchi was a sensation was initiated by Rev. Fr. Nicholas Perera. Legend reveals that in the year 1845, a South Indian catholic on his way to meet his relatives in Colombo had brought down a wooden statue of St. Sebastian, one and half feet tail to be sold in Sri Lanka. When he reached Kalpitiya he had unexpectedly contracted malaria. He had made a vow at St. Anne’s church. Thalawila expecting a full recovery. In route to Colombo he had come to know about the church in Kandana and dedicated to St. Sebastian. In the absence of the then parish priest Rev. Fr. Joachim Alberto, the Muhuppu of the Church with the help of the others had agreed to buy the statue for 75 pathagas (one pahtaga was 75 cent). Even though the seller had left the money in the hands of the “Muhuppu” to be collected in the meantime he never returned.
On the 19th of January 2006, Archbishop Oswald Gomis declared St. Sebastian Church as “St. Sebastian Shrine” by way of special notification and handed over the declaration to Rev. Fr. Susith Perera, the parish priest of Kandana.
On the 12th of January 2014, Catholics in Sri Lanka celebrated the reception of a reliquary containing a fragment of the arm of St. Sebastian. The reliquary was gifted from the administrator of the Basilica of St. Anthony of Padua and was brought to Sri Lanka by Monsignor Neville Perera. His Eminence Malcolm Cardinal Ranjit, Archbishop of Colombo accompanied by priests and a large gathering received the relic at the Katunayake International Airport, brought to Kandana lead by a procession and was enthroned at the St. Sebastian Shrine.
Rev. Fr. Lalith Expeditus the present administrator of the shrine and other two assistant priests Rev. Fr. Sunath Udara and Fr. Sumeda Perea have finalized all arrangements to conduct the feast of St. Sebastian in grand scale. The vespers service will be officiated by his Eminence Malcolm Cardinal Ranjit and the festival high mass will be solemnized by most Rev. his Lordship J.D. Anthony, Auxiliary Bishop of Colombo.
The latest book written by Senior Lawyer Godfrey Cooray named “Santha Sebastian Puranaya Saha Kandana”. (The history of St. Sebastian and Kandana) was launched at De La Salle Auditorium De Mazenod College, Kandana.
The Archbishop of Colombo His Eminence Malcolm Cardinal Ranjith and former Chief Justice Priyasath Dep were the guests at the event.
The book discusses about the buried history of Muthurajawela and Aluth Kuru Korale civilization, the history of Kandana and St. Sebastian. The author discusses the historical and archaeological values and culture.
Thomians triumph in Sydney
Nothing is happening for us, at this end, other than queues, queues, and more queues! There’s very little to shout about were the sports and entertainment scenes are concerned. However, Down Under, the going seems good.
Sri Lankans, especially in Melbourne, Australia, have quite a lot of happenings to check out, and they all seem to be having a jolly good time!
who puts pen to paper to keep Sri Lankans informed of the events in Melbourne, was in Sydney, to taken in the scene at the Sri Lanka Schools Sevens Touch Rugby competition. And, this is Trevine’s report:
The weather Gods and S.Thomas aligned, in Sydney, to provide the unexpected at the Sri Lanka Schools Sevens Touch Rugby competition, graced by an appreciative crowd.
Inclement weather was forecast for the day, and a well drilled Dharmaraja College was expected to go back-to-back at this now emerging competition in Sydney’s Sri Lanka expatriate sporting calendar.
But the unforeseen was delivered, with sunny conditions throughout, and the Thomians provided the upset of the competition when they stunned the favourites, Dharmaraja, in the final, to grab the Peninsula Motor Group Trophy.
Still in its infancy, the Sevens Touch Competition, drawn on the lines of Rugby League rules, found new flair and more enthusiasm among its growing number of fans, through the injection of players from around Australia, opposed to the initial tournament which was restricted to mainly Sydneysiders.
A carnival like atmosphere prevailed throughout the day’s competition.
Ten teams pitted themselves in a round robin system, in two groups, and the top four sides then progressed to the semi-finals, on a knock out basis, to find the winner.
A food stall gave fans the opportunity to keep themselves fed and hydrated while the teams provided the thrills of a highly competitive and skilled tournament.
The rugby dished out was fiercely contested, with teams such as Trinity, Royal and St. Peter’s very much in the fray but failing to qualify after narrow losses on a day of unpredictability.
Issipathana and Wesley were the other semi-finalists with the Pathanians grabbing third place in the play-off before the final.
The final was a tense encounter between last year’s finalists Dharmaraja College and S.Thomas. Form suggested that the Rajans were on track for successive wins in as many attempts. But the Thomians had other ideas.
The fluent Rajans, with deft handling skills and evasive running, looked the goods, but found the Thomian defence impregnable. Things were tied until the final minutes when the Thomians sealed the result with an intercept try and hung on to claim the unthinkable.
It was perhaps the price for complacency on the Rajans part that cost them the game and a lesson that it is never over until the final whistle.
Peninsula Motor Group, headed by successful businessman Dilip Kumar, was the main sponsor of the event, providing playing gear to all the teams, and prize money to the winners and runners-up.
The plan for the future is to make this event more attractive and better structured, according to the organisers, headed by Deeptha Perera, whose vision was behind the success of this episode.
In a bid to increase interest, an over 40’s tournament, preceded the main event, and it was as interesting as the younger version.
Ceylon Touch Rugby, a mixed team from Melbourne, won the over 40 competition, beating Royal College in the final.
Marked stress on Asia in US foreign policy
US President Joe Biden’s recent tour of some Asian powers is indicative of a renewed and enhanced interest the US is beginning to take in the Indo-Pacific region. In this his first Asian tour the President chose to visit Japan and South Korea besides helming a Quad meeting in Tokyo and there is good reason for the choice of these venues and engagements.
The first phase of these bridge-strengthening efforts by the US began in late August last year when US Vice President Kamala Harris visited South-east Asia in the wake of the US troop withdrawal from Afghanistan. Besides being driven by strong economic compulsions, the US intention was also to ensure that too much of a power vacuum did not open up in the region, following its pull-out from Afghanistan, since China’s perceived expansionist designs are a prime foreign policy concern of the US.
However, the US President’s recent wide-ranging tour of East Asia seems to have been also prompted by some currently intensifying trends and tensions in the wider stage of international politics though the seeming power vacuum just referred to has a significant bearing on it. The immediate purpose of the US President’s tour seems to have been to bolster his country’s backing for Japan and South Korea, two of the US’ closest allies in East Asia. This is necessitated by the ‘China threat’, which, if neglected, could render the US allies vulnerable to China’s military attacks on the one hand and blunt US power and influence in the region on the other.
While Taiwan’s airspace has reportedly been frequently violated by China, sections in Japan have reasons to be wary of perceived Chinese expansionist moves in Japan’s adjacent seas. Moreover, many of China’s neighbours have been having territorial disputes with China, which have tended to intensify the perception over the decades that in the Asian theatre in particular China is a number one ‘bogey’. For historical reasons, South Korea too has been finding the increasing rise of China as a major world power considerably discomforting.
Accordingly, the US considers it opportune to reassure South-east Asia in general and its allies in the region in particular of its continuous military, economic and political support. Though these are among the more immediate reasons for Biden’s tour of the region, there are also the convulsions triggered in international politics by the Russian invasion of Ukraine to consider.
Whereas sections of international opinion have been complacent in the belief that military invasions of one country by another are things of the distant past, the brutal Russian invasion of Ukraine in February this year proved them shockingly wrong. We have the proof here that not all authoritarian rulers are prepared to adhere to the international rule book and for some of China’s neighbours the possibility is great of their being attacked or invaded by China over the numerous rankling problems that have separated them from their economic super power neighbour over the decades. After all, China is yet to condemn Russia’s invasion of Ukraine and is increasingly proving an ‘all weather friend’ of Russia. Right now, they are the strongest of allies.
The ‘China threat’ then is prime among the reasons for the US President’s visit to East Asia, though economic considerations play a substantive role in these fence-strengthening initiatives as well. While South-east Asia is the ‘economic power house’ of the world, and the US would need to be doubly mindful of this fact, it would need to reassure its allies in the region of its military and defense assistance at a time of need. This too is of paramount importance.
President Biden did just that while in Tokyo a couple of days back. For instance, he said that the US is ‘fully committed to Japan’s defense’. Biden went on to say that the ‘US is willing to use force to defend Taiwan.’ The latter comment was prompted by the perceived increasing Chinese violations of Taiwan’s air space. After all, considering that Russia has invaded Ukraine with impunity, there is apparently nothing that could prevent China from invading Taiwan and annexing it. Such are the possible repercussions of the Russian invasion.
Meanwhile, North Korea is reportedly carrying on with its development of weapons of mass destruction, including nuclear weapons. On this issue too, South Korea would need to have US assurances that the latter would come to its defense in case of a North Korean military strike. The US President’s visit to South Korea was aimed at reassuring the latter of the former’s support.
However, as mentioned, economic considerations too figured prominently in the US President’s South-east Asian tour. While being cognizant of the region’s security sensitivities, bolstering economic cooperation with the latter too was a foremost priority for the Biden administration. For example, the US is in the process of formalizing what has come to be referred to as the Indo-Pacific Trade Treaty. The US has reportedly already inducted Japan and South Korea as founding members of the Treaty while, Thailand, the Philippines, Vietnam, Singapore, Australia and New Zealand are mentioned as prospective members to the treaty.
The perceived threat posed to Western interests in South-east Asia by China needs to be factored in while trying to unravel the reasons for this region-wide endeavour in economic cooperation. It needs to be considered a Western response to China’s Belt and Road initiative which is seen as having a wide appeal for the global South in particular.
While the Russian invasion of Ukraine is having a divisive political and economic impact on the world, international politics will increasingly revolve around the US-China stand-off on a multiplicity of fronts in time to come. Both sides are likely to try out both soft and hard power to an exceptional degree to exercise foremost influence and power in the world. As is already happening, this would trigger increasing international tensions.
There was a distinct and sharp note of firmness in the voice of the US President when he pledged defense and military support for his allies in Asia this week. Considering the very high stakes for the US in a prospering South-east Asia, the US’ competitors would be naive to dismiss his pronouncements as placatory rhetoric meant for believing allies.
A Majoritarian Constitution
1972 Constitution in Retrospect – II
By (Dr) Jayampathy Wickramaratne, President’s Counsel
In this the second part of a three-part article on the 50th anniversary of Sri Lanka becoming a republic, the writer submits that the 1972 Constitution paved the way for constitutionalising majoritarianism in multi-cultural Sri Lanka.
The unitary state
Although Tamil parties expressed their support for the Constituent Assembly process, they were to be disappointed by the substance of the new constitution.
Basic Resolution No. 2 proposed by the Government called for Sri Lanka to be a unitary state. The Federal Party (FP) proposed an amendment that ‘unitary’ be replaced by ‘federal’.
In a memorandum and the model constitution that it submitted to the Steering Committee of the Assembly, the FP proposed that the country be a federal republic consisting of five states made up as follows: (i) Southern and Western provinces, (ii) North Central and North Western provinces (iii) Central, Uva and Sabaragamuwa provinces (iv) Northern Province and the districts of Trincomalee and Batticaloa and (v) Ampara district. The city of Colombo and its suburbs were to be administered by the centre. A list of subjects and functions reserved for the centre, with all others going to the states, was included. Interestingly, law and order and Police were to be reserved subjects.
However, Assembly proceedings show that the Tamils were clearly for a compromise. Dharmalingam, who was a main speaker of the FP under Basic Resolution No. 2, stated that the existing constitution had failed as it was not designed for a multi-ethnic country. He pointed out that in ethnically heterogeneous countries where unitary constitutions had been in operation, concessions to the federal principle have been made to meet the demands and aspirations of the minorities. Where there has been a refusal to concede the federal principle, there have been movements for separation. The FP distanced itself from secessionists such as C. Sunderalingam and V. Navaratnam, referring to them by name, and stated that it was not asking for a division of the country but for a division of power.
Dharmalingam made it clear that the FP’s draft was only a basis for discussion. Stating that the party was only asking that the federal principle be accepted, he suggested that as an interim measure, the SLFP, LSSP and CP should implement what they had promised in the election manifesto, namely that they would abolish Kachcheris and replace them with elected bodies. He stated: “If this Government thinks that it does not have a mandate to establish a federal Constitution, it can at least implement the policies of its leader, S.W.R.D. Bandaranaike, by decentralising the administration, not in the manner it is being done now, but genuine decentralisation, by removing the Kachcheris and in their place establishing elected bodies to administer those regions.”
Sarath Muttetuwegama of the Communist Party, the first political party in the country to propose federalism, in 1944, followed Dharmalingam and stated that ‘federal’ had become a dirty word not because of the federal system of government but because of what the FP had advocated. He was clearly referring to the FP’s association with the UNP and the conservative policies it had followed, such as voting against nationalisations, the takeover of private schools and the Paddy Lands Bill. Seemingly oblivious to the offer that Dharmalingam had made, he asked why the FP had not used the phrase ‘regional autonomy.’ Speakers from the UF who followed Muttetuwegama made it clear that the UF was in no mood to consider the FP’s offer to settle for much less.
Consequently, Basic Resolution No.2 was passed, and the FP’s amendment was defeated in the Steering and Subjects Committee on 27 March 1971.
Dr Nihal Jayawickrama, who was the Secretary of the Ministry of Justice, under the UF Government, and played an important role in the constitutional reform process, has said that the first draft prepared under the direction of the Minister of Constitutional Affairs did not contain any reference to a ‘unitary state’. However, Minister Felix Dias Bandaranaike proposed in the Ministerial Sub-Committee that the country be declared a ‘unitary state’. The Minister of Constitutional Affairs did not consider this to be necessary and argued that while the proposed constitution would have a unitary structure, unitary constitutions could vary a great deal in form. Nevertheless, the proposed phrase found its way to the final draft. ‘In course of time, this impetuous, ill-considered, wholly unnecessary embellishment has reached the proportions of a battle cry of individuals and groups who seek to achieve a homogenous Sinhalese state on this island’ Dr Jayawickrama observed. ‘Reflections on the Making and Content of the 1972 Constitution: An Insider’s Perspective’ in Asanga Welikala (ed), The Sri Lankan Republic at 40: Reflections on Constitutional History, Theory and Practice vol 1 (Centre for Policy Alternatives 2012) 43.
It is significant that the FP continued to participate in the Constituent Assembly even after its amendment was rejected. Records show that its leader, S.J.V. Chelvanayakam, regularly attended the meetings of the Steering and Subjects Committee.
With the advantage of hindsight, it could be said that acceptance of the FP’s proposed compromise for a division of power would have proved to be a far-reaching confidence-building measure on which more could perhaps have been built later. Moreover, such an acceptance would have ensured the continued participation of the FP in the Constituent Assembly. Even had the FP, as the UNP eventually did, voted against the adoption of the new constitution, their participation in the entire constitution-making process would have resulted in greater acceptance of the 1972 Constitution by the Tamil people.
Although they discontinued participation at a later stage, Federal Party MPs nevertheless took oaths under the new Constitution. Tamil parties soon united under the banner of the Tamil United Front (TUF), which later became the Tamil United Liberation Front (TULF). At the famous Vaddukoddai conference of 1976, the TULF embraced separatism and adopted a resolution calling for a separate state called ‘Tamil Eelam’ in the Northern and Eastern provinces. At the 1977 elections, the TULF contested on a separatist platform and swept the Tamil areas.
The place of Buddhism
According to Dr Jayawickrama, Dr. de Silva’s original proposal called for the guarantee of freedom of thought, conscience and religion to every citizen. However, the Prime Minister requested that this proposal be added with a provision for the protection of institutions and traditional places of worship of Buddhists.
Basic Resolution No. 3 approved by the Constituent Assembly was for Buddhism to be given its ‘rightful place’: ‘In the Republic of Sri Lanka, Buddhism, the religion of the majority of the people, shall be given its rightful place, and accordingly, it shall be the duty of the State to protect and foster Buddhism, while assuring to all religions the rights granted by Basic Resolution 5 (iv).’
Basic Resolution 5 (iv) referred to read: “Every citizen shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have and adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.”
But by the time the final draft was approved, the proposal had undergone a further change. Article 6 of the 1972 Constitution is as follows: ‘The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster Buddhism while assuring to all religions the rights granted by section 18 (1) (d).’ Section 18 (1) (d), in the chapter on fundamental rights, assures to all citizens the right to freedom of thought, conscience and religion.
To the question of whether constitutionally guaranteeing special status to Buddhism not available to other religions of the land might adversely affect the non-Buddhists, Dr de Silva retrospectively responded in the following manner: “The section in respect of Buddhism is subject to section 18 (1) (d) and I wish to say, I believe in a secular state. But you know when Constitutions are made by Constituent Assemblies they are not made by the Minister of Constitutional Affairs. I myself would have preferred (section 18(1) (d)). But there is nothing…And I repeat, NOTHING, in section 6 which in any manner infringes upon the rights of any religion in this country. (Safeguards for the Minorities in the 1972 Constitution (Young Socialist 1987) 10.)
Dr Jayawickrama has been more critical. ‘If Buddhism had survived in the hearts and minds of the people through nearly five centuries of foreign occupation, a constitutional edict was hardly necessary to protect it now’, he opined. (‘Colvin and Constitution-Making – A Postscript’ Sunday Island, 15 July 2007).
Basic Resolution No.11 stated that all laws shall be enacted in Sinhala and that there shall be a Tamil translation of every law so enacted.
Basic Resolution No.12 read as follows: “(1) The Official Language of Sri Lanka shall be Sinhala as provided by the Official Language Act No. 32 of 1956. (2) The use of the Tamil Language shall be in accordance with the Tamil Language (Special Provisions) Act No. 28 of 1958.”
Efforts by the FP to get the Government to improve upon Basic Resolutions Nos. 11 and 12 failed. On 28 June 1971, both resolutions were passed, amendments proposed by the FP having been defeated. S.J.V. Chelvanayakam informed the Constituent Assembly that they had met with both the Prime Minister and the Minister of Constitutional Affairs, and while the meetings had been cordial, the Government had refused to make any alteration to the Basic Resolutions. He stated that the FP would therefore not attend future meetings. “We have come to the painful conclusion that as our language rights are not satisfactorily provided in the proposed Constitution, no useful purpose will be served in our continuing in the deliberations of this Assembly. By taking this step, we mean no offence to anybody. We only want to safeguard the dignity of our people.” There was not even a dramatic walk out. ‘We do not wish to stage a demonstration by walking out’, he added.
That Dr Colvin R. de Silva, who prophetically stated in 1955, ‘one language, two countries; two languages, one country’, should go so far as to upgrade the then-existing language provisions to constitutional status has baffled many political observers. In fact, according to Dr Jayawickrama, the Prime Minister had stated that it would be unwise to re-open the language debate and that the better course would be to let the ordinary laws on the subject operate in the form in which they were. By this time, the Privy Council had reversed the decision of the Supreme Court in A.G. v Kodeswaranthat a public servant could not sue the Crown for breach of contract of employment and sent the case back for a determination on other issues, including the main issue as to whether the Official Language Act violated section 29 (2), as the District Court had held. Dr. de Silva did not wish the Supreme Court to re-visit the issue. ‘If the courts do declare this law invalid and unconstitutional, heavens alive, the chief work done from 1956 onwards will be undone. You will have to restore the egg from the omelette into which it was beaten and cooked.’ He had, however, resisted a proposal made by Minister Felix R. Dias Bandaranaike that Sinhala be declared the ‘one’ official language of Sri Lanka.
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