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Centre for Policy Alternatives
Promoting Language Rights in Sri Lanka Final Project Report
30.04.2012 National Library Auditorium Independence Avenue Colombo
7 The North and East Civil Society Collective for Promoting
Language Rights Rural Economic Development Association (Ampara)
People Help Foundation (Mannar) Rural Development Foundation
Training and Research Centre(Vauniya) East United Women
Organisation (Kantale) Sarvodaya Shramadana Sangamaya (Trincomale)
Centre for Policy Alternatives
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If you talk to a man
in a language he
understands,
that goes to
his head.
If you talk
to him in
his language,
that goes to
his heart.
- Nelson Mandela
Promoting Language Rights of Minorities- April 2012 Index 1.
Background 2. Project Outline & Objectives 3. Areas &
Partners Selected 4. Reach Participants 5. TOTs and Awareness
Raising 6. Field Meetings 7. The Nature, Role and Vision of
Language Societies 8. Violations of Language Regulation 9. Some
presentations on Language Rights 10. Updates in language regulation
and legislation 11. Media support & Final press conference 12.
Recent Online references to Language Rights 13. Conclusion &
Recommendations 14. About CPA/Outreach Annexes I. List of Public
Administration Circulars and their implications II. List of
Complaints submitted to the Official Languages Commission and the
Human Rights Commission of Sri Lanka III. Field Schedule with
locations, dates and participants IV. CPA Press Release on
Developments in Language Regulation V. Recent Publications from
Outreach Unit
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Abbreviations Used OLA Official Languages Act APRC The All Party
Representative Committee LLRC Lessons Learnt and Reconciliation
Committee ICCPR International Covenant on Civil and Political
Rights OLC Official Languages Commission DS District Secretariat
UPR Universal Periodic Review CPA Centre for Policy Alternatives
HRCSL Human Rights Commission of Sri Lanka
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It was decided that forms
in all government
institutions should be
made available in the
three languages, Sinhala,
Tamil and English printed
in the same paper. All old
forms not satisfying these
criteria should be
withdrawn. Secretaries of
all Ministries and
Provincial Councils should
be responsible for
implementing this decision
(Public Administration
Circular Number 22/91)
1. Background
In August 1978, the Constitution of Sir Lanka defined Sinhala
and Tamil as the official languages of Sri Lanka and English as the
link language. Additionally under the Constitution, Sinhala and
Tamil are also the National languages of Sri Lanka and any citizen
of the state has the right to deal with the Government institutions
in any one of the above three languages. Although the constitution
of Sri Lanka has provided clear safeguards of the language rights
of all citizens the full enjoyment of those rights has persistently
been in question as a root cause of ethnic conflict. Documents such
as the Official Languages Act, Mahinda Chintana, the Ten Year Plan
towards a Trilingual Sri Lanka with 2012 being declared the Year of
Trilingual Sri Lanka, etc give importance to the subject but led to
no practical workplan on how to enforce these in practice. The All
Party Representative Committee(APRC) presented under the
chairmanship of Prof. Tissa Vitharana in 2009, recognised that
implementation of the provisions already provided was urgent. The
recent Lessons Learnt and Reconciliation Committee (LLRC) report
lays further emphasis on language by going so far as to recommend
district wise Units for the Languages Commission. Chapter IV of the
1978 Constitution, made Tamil an official Language of Sri Lanka and
outlines the current legal and policy framework covering Tamil
language rights, though this was more properly defined and
elaborated in the 13th and 16th Amendments of November 1987 and
December 1988 respectively. The subsequent Official Languages
Commission Act (1991) and subsequent government and Public
Administration Circulars1 further supplement this regulation.
Article 27 of the International Covenant on Civil and Political
Rights(ICCPR), ratified by Sri lanka in 1980 concerns the rights of
minorities and includes the right to use their own language
Commonwealth Guidelines on the fundamental rights of minorities as
well as the Universal Periodic Review(UPR) call for the Government
of Sri Lanka to conform to international standards. Recommendation
A 38 clearly states - 'ensure there is no discrimination against
ethnic minorities in the enjoyment of the full range of human
rights'. 1 Docuements accessible here
http://www.languagescom.gov.lk/legislation.htm Also see annexure
A
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Exclusion of minorities from their fundamental rights is
frequently related to violation of language rights. Although the
constitution of Sri Lanka has provided some constitutional
safeguards for the language rights of all citizens; the full
enjoyment of those rights has persistently been in question as a
root cause of ethnic conflict. Further to article 22(1) of the
constitution, the President directed by notifications published in
Extra Ordinary Gazettes, that both Sinhala and Tamil Languages be
used as the Languages of administration in 29 Divisional
Secretariat Divisions. Additionally, the present government is
planning to nominate another 43 Divisional Secretariat Divisions as
bilingual areas in selected districts with a 5% minority community.
Therefore this number may increase depending on the findings of the
recent population census carried out. The 16th Amendment directed
that Tamil shall also be the language of state administration
throughout Sri Lanka(along with Sinhala), and not just in the North
and East BUT retains Sinhala alone as language of record and medium
for transaction of business by public institutions outside of the
North and East. This apparent anomaly can be solved by the
Executive direction that both national languages to be used in a
particular administrative division based on the proportion of the
linguistic minority in that area. There is no automatic provisions
such as a minimum percentage of citizens being Tamil speaking which
would trigger this requirement as a policy. In 2005, Official
Languages Commission has stipulated that any divisional secretariat
which has over 20% of the population using the minority language
should be thus categorized.
The Institutions important in Language Rights
The Ministry of National Languages and Social Integration
Established in May 2010, the mission of this ministry is given as
Formulating policies, providing guidance and facilitating full
implementation of the Official Languages Policy and the building of
a strong inclusive Sri Lanka. Under its preview are three
institutions: The Department of Official Languages2; Est 1958 he
Department engages in the provision of translations to the
government, enhancing language skills of public officers and the
preparation of glossaries, language text books and
dictionaries.
2 http://www.languagesdept.gov.lk/
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The Parliament by law
should provide for the
implementation of the
proposed State Policy on
the use of Languages as
set out in this document-
APRC Final Report 2006
The Official Languages Commission; and The National Institute of
Language Education & Training tasked with providing language
training for government officers in order to implement the Official
Languages Policy of the country. The generation of competent
teachers for language training and the creation and training of
efficient translators and interpreters are the main tasks involved.
The Official Languages Commission The Official Languages Commission
is a statutory body established by Act No. 18 of 1991 is vested
with the authority it oversee the implementation of the Official
Languages Policy among other functions.
The Official Languages Commission (OLC) is entitled to
recommend principles of policy relating to the use of the
Official Languages and to monitor and supervise
compliance with provisions contained in Chapter IV of the
Constitution which lays down the Official Languages Policy
of the state. However the Official Languages Commission (OLC) is
poorly known and poorly funded by government as well as being
located only in Colombo and thus inaccessible to the majority of
those who may require its service. A survey Foundation for
Co-Existence in 2006 found that over 70 percent of respondents were
unaware of the existence and mandate of the OLC. By around 2008
there were only a total of 16 written complaints lodged with the
OLC on such matters as documentation and signage.
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The ground situation Regardless of the number and apparent force
of regulation, legislation, and institutions set up to promote the
Official Languages Policy- the actual ground situation with regard
to language rights, as studied in the numerous field visits,
interviews and other research carried out during the project - is
demonstrably dismal and has serious implications on the following:
Access to Justice At any stage of the judicial process, where an
accused is unable to defend themselves in their mother tongue and
is forced to rely on inaccurate translations, a serious miscarriage
of justice arises. As reported from interviews, among other issues,
complaints made by Tamil citizens are recorded in Sinhala at Police
Stations, and the complainants are subsequently asked to sign these
statements(Vavunia, Trincomalee, Mannar and Ampara), Tamil citizens
in the Eastern Province receive summons in Sinhala, and court
transactions and case hearings in many areas of Sri Lanka area
conducted in Sinhala only Access to Education Sri Lankas public
education system has included teaching in both Sinhala and Tamil
even since colonial times. However In practice many areas have no
schoolteachers in the relevant language In schools in bilingual
areas such as Colombo, assemblies are held only in Sinhala school
children often have no access to official documentation in
translation, any communications from their school are sent to their
parents in Sinhala, and sometimes the parents cannot even enter
school premises because they do not speak Sinhala3 Universities
host certain courses only in English and Sinhala thus violating
minority rights to equal access to education. Access to
Information: Signage- Though accepted that all government
institutions, particularly in bilingual areas, should have all sign
boards, street nameboards and official documentation available in
all three languages, the ground reality is that a number of
government institutions do not thus display such nameboards or
provide official documents in all three languages. For example in
the Colombo district some DS divisions such as Thimbirigasyaya and
Kotahena are not implementing this policy to any extent
recognizable resulting in sections of the minority communities
receiving some of their most essential documents such as birth,
death & marriage certificates in a language not their own. 3
Use of Tamil as an Official Language Outside the North and East of
Sri Lanka, SI-CPA 2006
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A person in any part of Sri
Lanka should be able to
give information to a
police or peace officer in
regard to the commission
of an offence and make
statements when required
by a police officer in either
of the Official Languages,
or English -APRC Final
Report 2006
Product Information- Pharmaceutical industry violations: Another
area of serious violations of language rights in practice, is
within the pharmaceutical industry, where almost all drugs,
equipment and medications are currently labeled in English only.
Sinhala and Tamil speaking consumers, who make up the majority in
this country, when they purchases drugs have no idea of the
quantities, dosages, side effects, alternative brands or other
relevant information which is very important to patients and this
adds to the inconvenience in government hospitals in the North and
East in particular where some doctors, nurses and other medical
staff too do not speak Tamil. So for a person who is already
insecure, in pain and fear due to illness or injury, having to deal
with ineligible information about medications is further misery.
Administration and Daily Life A community most negatively affected
by administrative apathy can be said to be the plantation Sector
Tamils, impoverished recent Indian origin Tamils, mostly living in
remote and difficult areas of the hill country. Their generations
have been living for over two hundred years in the plantation
areas, and are still denied most of their fundamental rights. Some
are not yet entitled to a permanent postal address, which
effectively strips them of their basic rights as Citizens. Postal
communications including some important confidential letters arrive
at the sub post office which is located in the respective estate,
then a Postman appointed by the main Supervisor of the estate,
delivers them through superintendents of the Estate. Neither the
Postman nor his master is held responsible for safe delivery.
Routine procedures from lodging a complaint at a police station,
seeking health care at a govt. hospital, applying for compensation
or pensions, obtaining licenses, registering a birth, death or
marriage, or traveling are made experiences of serious anxiety for
any Sri Lankan who does not know Sinhala. In the case of railway
travel, except for key stations, announcements are not made in all
three languages at the majority of railway stations. Signs on buses
are confusing, in ill -translated language or non existent in some
cases. Previously policy and advocacy interventions by civil
society organizations and actors in this area were generally based
on
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Universal Peer Review recommendations and other international
standards, and largely consisted of requests to the government to
implement existing laws and regulations of language rights of
minorities. Reasons given for the lack of progress along the valid
recommendations put forward following the Language Audit held in
1998 by the Official Languages Commission invariably include the
lack of resources, and the difficulty of training adult government
officials in a language. The Ministry of Social Integration and
National Languages drafted a new Plan of Action4 on Language in
2011
4 http://www.dailynews.lk/2011/06/23/fea01.asp
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Public awareness should be built of the right
of every person to
transact business with any
government office in any
part of the Island in
Sinhala, Tamil or English,
and of the obligation cast
on the offices and officers
concerned to provide such
service including replying
of any record, registration,
publication or other
document in the language
chosen by the applicant.-
From the
Recommendations of the
Language Audit Segment
Final Report 30
December 1998
2. Project Outline The CPA project on Promotion of Language
Rights of Minorities, 2011/12 incorporates a sustained
multi-dimensional approach to the strengthening and protection of
language rights, among other factors, strongly emphasizing the
right of the people to use their own languages when being served by
the State in official matters. The CPA project team began with
research and investigations on the field, subsequently carrying out
discussions with government officials on the importance of the
implementation of language policy. They then established a number
of sustainable community groups on the ground (named Language
Societies) to monitor the situation in the regions covered, and
initiated public interest litigation in cases where violations were
of national importance. Official complaints include a number of
formal complaints to the Human Rights Commission and the Official
Languages Commission on matters that have existed for some time, as
well as two Fundamental Rights cases and three submissions to the
Consumer Rights Authority. Substantial media attention to the
spirit of this programme was also ensured by a number of meetings
with journalists, commissioned articles in mainstream media, and a
final press conference disseminating findings. Work on the first
phase of this programme showed that this issue needs to be
addressed in a methodical manner with an emphasis on long term
solutions, which include: full mobilization of Civil Society and
sensitising of Government officials, who should have a clear
understanding of the role they will play in, for example, obtaining
of documents, communication, and ensuring that all public notices
are available in the relevant languages. In the course of the
discussions the views of said officials were collected and their
explanations of the very real challenges they face were noted. The
programme made provision for cases of continuous non-compliance,
enabling legal recourse, such as the ability to file FR cases in
court and to establish certain important precedent in these areas
as an exercise in making use of available recourse.
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The team initiated publication of a bi monthly trilinugal
newsletter titled Vibhasha which scrutinized and reported latest
developments in relation to language policy and their
implementation in bilingual areas and reported progress in the
programme as it proceeded. Through the newsletter provincial
Journalists, government officials, CSOs, policy makers, and members
of the public were given a better understanding on issues of
language, and current developments in regulations were highlighted.
4 issues of the Newsletter were printed, with a total of 8000
copies in all three languages made available Findings from
discussions fed into the Newsletters and the project funded the
publication of two titles relevant to language rights, namely
Language and Humanity by SG Punchihewa, Attorneyat-Law and Human
Rights activist and Tamil Language Rights in Sri Lanka by Dr
Devanesan Nessiah, retired Senior SLAS Officer . Aside from the
readership of these and the number of media articles commissioned
on the subject this project had a minimum reach of almost 5000
targeted stakeholders in the course of its progress. Project
Sustainability Language Societies are now stable civil society
organisations at the very basic level in the community, closest to
people, fully capable of monitoring language issues in their areas
and of planning effective advocacy. The regulations, notices,
signage, official documentation and circulars resulting from this
programme will continue to benefit target communities in the long
term future. Community concerns aside from but linked to language
rights are also included in the mandate of such groups, eg Human
Rights, Land issues, mediation, domestic and cultural issues. This
means that they can continue to make a difference in many areas in
the future too. The circulars and directives arising from this
project will continue to have an effect into the foreseeable
future. This project seeks to continue into a second phase to
create wider social acceptance of the importance of Language Rights
as well as to contribute further to the literature, research, case
law and resources supporting Language Rights in Sri Lanka.
Establishing of a target number of Language Societies and on going
support of the existing societies will broaden this strong network
of community level. Media attention and acknowledgement by the
relevant institutions such as the HRCSL and OLC increase the
likelihood of being invited to contribute using lessons &
suggestions from the exercise, to future policy formulation which
has a broad and lasting impact on Sri Lanka.
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As the mother tongue reflects ones
national identity and
aspirations for innovation
and creativity, the
language of education
should be the mother
tongue.
Mahinda Chinthanaya
Project objectives The overall goal of the programme carried out
by CPA was to secure the fundamental rights of minorities with a
focus on language rights in Sri Lanka. Recognizing that the
attention of civil society actors has been inadequate in this area,
the project increased awareness and discussion of the serious
implications that lack of implementation of Language policy can
potentially have in Sri Lanka, and the importance of recognition of
language rights. Whilst such issues as the lack of translated
official documentation and institutional display such as name
boards and notices were addressed as more easily correctable,
Public Interest Litigation initiated precedent on serious and
continuous violations of language rights. Objectives : Formation
and empowerment of broad-based bilingual community groups or
Language Societies to lobby with government institutions to promote
and protect language rights of minorities while building public
awareness on the right of any person to transact business in a
public office in the language of his/her choice. To Increase public
participation in the national and local Language policy making
processes. Improve knowledge amongst government officers on
minority language rights , increasing awareness and discussion of
such issues as the lack of official documentation, lack of
translations of institutional display, holding government
institutions accountable to secure language rights of minorities,
and considering their problems and challenges too File Public
Interest Litigation to form recognized precedent on language
rights, including cases before the Supreme court where fundamental
rights guaranteed by the Constitution are in danger of being
violated or are disregarded by the responsible sections of the
government Push to improve effectiveness and implementation of
existing policy guidelines and regulations and service delivery of
public institutions on bilingual policy and for increase of
translated official documentation and trilingual street signage.
Increase literature, analysis, study and resources available in the
area of Language Rights including comparative analysis with
experiences in other conflict regions and increase media cover and
journalists awareness of the issue
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3. Programme areas & Partners Selected Work was carried out
in the Ampara ,Batticoloa and Trincomalee Districts in the Eastern
Province and Vavunia and Mannar Districts in the Northern Province
which are government declared/nominated Bilingual areas: Local
partners and their role. CPA Outreach networked with selected civil
society organisations in the relevant regions, most of whom CPA had
previously worked with. The first batch of Trainers in the
awareness raising on Language Rights were chosen from members of
these regional partners. This decision complemented the project in
renewing linkages, gaining the benefit of local knowledge and
support on the field, and the opportunity to benefit the partner
organisations by building capacity of the trainers, apart from
effectively spreading language rights awareness to all their
networks in turn. Local partners Organizations affiliated to the
project as partners are 1. Rural Development Foundation Training
and Research Centre in Vauniya. 2. Rural Economic Development
Association in Ampara, 3. People Help Foundation in Mannar, East
United Women Organisation in Kantale 4. Sarvodaya Shramadana
Sangamaya in Trincomale.
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We anticipate a Sri Lanka in which all
communities act together
in cooperation. We will
bring humanity to the
highest level through
language and
communication.-Hon
Vasudeva Nanayakkara,
Minister of National
Languages and Social
Integration, 2011
4. Reach and Participants The team worked in most Divisional
Secretariat Divisions in Ampara, Mannar, Vavunia and Trincomalee
specifically. Capacity was built of 13 Trainers from 5 Partner
organisations on the field 150 New language societies were set up
with a total of approximately 4000+ community members from these
regions. 208 Government officials participated in interviews and
Awareness sessions carried out, and 105 journalists participated in
the workshops for Media personnel. The Seminar on Language Rights
on Human Rights day drew an audience of around 125 including local
stakeholders, some Diplomatic staff, members of the diaspora,
journalists and academics. For the purpose of sharing knowledge and
experiences amongst leaders & members of the CSOs/CBOs,
activists, government officials and media Vibhasha newsletters were
distributed to regular subscribers and the E copies were uploaded
to the CPA website which has a subscriber database of around 8000
to whom the Press Release on the Transport Authority case was also
emailed. 16 instances of media coverage were commissioned and
assisted . 20 cases of Language Rights Violations were submitted to
the Human Rights Commission and 22 to the Official Languages
Commission , out of which 26 received documentation in response .2
Fundamental Rights applications were submitted to the Supreme
Court. More positive out comes were subsequently recorded in most
of these cases. (Please see annexures ii and iii for the List of
Complaints submitted to the Official Languages Commission and the
Human Rights Commission and the Field Schedule with locations dates
and participants)
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5. TOTs and Awareness Raising Events
Training of Trainers Workshop The first Training of
Trainers(TOT) Workshop was held from 16th 18th September 2011, for
District Field Coordinators as planned, to initiate the field
component of the project. This workshop was structured for three
days, hosting ten sessions including an inaugural session,
intermittent group discussions and presentations. Participants were
District Field Coordinators (DFCs) and their subordinates, drawn
from the seven partner organizations selected to work with the
programme, based in Ampara, Batticaloa, Mannar, Trincomalee and
Vavuniya in the North and the East. Workshop objectives were to
educate the DFCs on language policy, regulation, and recourse
available, to develop their training capacity and equip them with
the know how for formation of Bilingual Language Societies, and
initiation of advocacy on language issues at the grassroots, as
well as to outline the law proceeding of filling cases in Human
Rights Commission and the Official Languages Commission. The
trainers role in the current programme was clearly outlined to them
in these sessions, as were the objectives of the project.
Introductory sessions on adult education principles for training
and awareness/advocacy programmes were facilitated by Mr. Saman
Hamangoda, Senior Training Adviser and Executive Director of
Participatory Alternatives (PALTRA) who covered topics such as
facilitation, designing techniques for teaching learning process,
forming networks, quality management, organizing, researching,
acting, assessments of human traits and quality aspects of the
teaching learning process and motivating adult learners/school
leavers. Further instruction was given on the preparation of a
session plan for a training programme, training methods and
techniques and assessments of personality traits and quality
aspects of the teaching learning process. Subsequent sessions
covered technical presentations on training techniques, including
audio/visual aid, theoretical steps of the training cycle, training
need assessments and assessment of objectives of the training. The
trainer put forward a four step theoretical approach. "Training
Need Assessments" were examined and SMART indicators analysed.
Other matters covered including presentation skills, training
techniques, the use of simple language, direct eye contact and head
table and hall arrangements which were identified to be discussed
at this stage.
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These are serious
omissions as they cause
immense inconvenience
and hardship to members
of the public who are not
conversant with Sinhala.
Besides, it also amounts to
a violation of the law. I
dread to think of the
plight of citizens who
receive letters in a
language which they do
not understand. This is
tantamount to denial of
that citizen a fundamental
right -Office of the
President of Sri Lanka,
30th June 1998
Session one of day two of the TOT was dedicated to the
preparation required for establishing of Language Societies. The
session was conducted by Mr. S. Sivagurunathan a Senior Advisor on
Translation. Beginning with the long history of language
difficulties experienced from the colonial period and covering
recent development of state policies towards promoting
bilingualism, he showed that language committees would be empowered
to address a certain amount of language rights abuses at the
grassroot level, after which the proposed structure of Language
Committees was examined. A Lecture session titled Language and the
Law was then conducted by Attorney-at-Law, and Human Rights
activist, Mr. S.G. Punchihewa. This covered a number of areas
including the evolution of the struggle for language rights by all
communities, constitutional provision of state language
policies/rights from Donoughmore Commission Report (1931), State
language policies after independence, language in the court,
implementation of official language policies, the Ministry of
National Languages and Social Integration, Official Languages
Commission, judicial remedies, procedures for filing cases in
magistrates courts, the Human Rights Commission Act (1996/21),
Public Petitions Committee/Parliamentary select committee and
remedies from the Ombudsman. This session was followed by group
presentations on creation of Practical Session Plan on Language
rights for the village level participants. Session eight was on the
Procedure for submission of complaints on violations of Language
Rights and was facilitated by Mr. Jagath Liyanarachi,
Attorney-at-Law, where he identified the relevant bodies mandated
with upholding language policy and the implications of violation of
constitutional articles. Experiences of such violations were
discussed. Session nine, on Planning Sessions was given to various
anticipated challenges that may be faced during establishment of
Language Societies, and emphasized the importance of being in
continuous rapport with relevant government officers of the area.
For example trainees were asked to contact relevant defence
authorities in order to be well informed of security updates in the
area. The support of the Ministry of Languages and Social
Integration was also emphasised. Possible practical difficulties
put forwarded by trainees included: Most AG officers do not like to
work with human rights advocacy because they are afraid of
government reprisal.
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Some have to obtain letters to hold workshops in their areas.
Most government offices do not like to join with Non Governmental
Organizations (NGOs). One solution was to strengthen the Language
Committees by close affiliation to various existing rural
collectives such as Youth Groups, Fisheries Associations and Women
Groups. The third day of the workshop was facilitated by a
Newspaper Editor and Senior Media Trainer and this sourced
solutions from the initiative of the Trainers themselves. The
session following this was on session planning and guiding.
Suggestions presented by groups included:
Conduct many advocacy programms aimed at community leaders and
government officers to emphasize the urgent necessity of promoting
bilingualism A large number of language committees to be formed in
rural areas Try to get well experienced persons to this community
groups and garner their experience towards the success project
Network with other community groups like welfare committees, and
community based organisations so that the Language Society can give
and take from these
TOT Debriefing, Oct 7th The debriefing TOT was held following
practical time on the field so as to help trainers guide leaders of
Language Societies on the real issues they encountered. This is was
held with the guidance of Saman Hamangama, SG Punchihewa and a
media advisor, on October 7th at the Tilanka Hotel, Dambulla. This
included such matters as how to ensure a rapid understanding of
language issues, to suit time availability, how to garner social
acceptability by influencing attitudes, and discussed practical
answers to problems encountered on the ground. Finishing
adjustments were made to the Training Modules in light of
developments reported. All 13 selected Trainers attended this
workshop.
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Public Seminar, Dec 12th As part of a programme on the Promotion
of the Language Rights of Minorities, a Public Consultation on
Promoting Language Rights in Sri Lanka was held to mark the
International Human Rights Day, at the Mahaweli Centre auditorium,
Colombo, on the 12th December 2011, focusing on the theme:
Promoting Language Rights in Sri Lanka. This event was attended by
over 75 participants including representatives from diplomatic
missions and civil society and stakeholders in the areas of
language rights as well as members of the public. Panelists
included Vasudeva Nanayakkara, Minister of National Languages and
Social Integration, who spoke on Implementation of the State
language policy, Mr. S.G. Punchihewa, Attorney at Law/Human Rights
Activist who spoke on Policy vs. Reality of Language Rights in Sri
Lanka,and Hon. M.A. Sumanthiran MP, Attorney at Law who spoke on
Social integration through bilingualism. Opening Remarks on The
Concept of Language Rights were made by Dr.Paikiasothy
Saravanamuttu, ED,CPA. Wide publicity was given to this event in
print and electronic media. The Deputy Commissioner of Languages
also attended Awareness publications & bi-monthly newsletters
Vibhasha is from the Sanskrit words for Diverse Language and is
meaningful both in Tamil and Sinhala. The team initiated
publication of a bi-monthly trilingual newsletter titled Vibhasha
which scrutinized and reported latest developments in relation to
language policy and its implementation in bilingual areas and also
reported progress in the programme as it proceeded. Through the
newsletter, provincial Journalists, Govt officials, CSOs, policy
makers, and members of the public were given a better understanding
on issues of language, and current developments in regulations were
highlighted. 4 issues of the Newsletter were printed, with a total
of 8000 copies in all three languages made available Awareness
Raising Workshops for Journalists, Oct 27th 29th These workshops
for provincial journalists from the districts of Ampara,
Batticaloa, Trincomalee, Mannar and Vavunia were organized by a
collective of provincial civil society organizations. Among them
are the Mannar Human Solidarity Foundation, the Rural Development
foundation(RDF) Vavunia, Nagenahira Eksath Kantha Sanvidhanaya,
Sarvodaya Shramadana society, and the Rural Economic Development
Society(REDS), Panama.
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Journalists attending these workshops gained guidance on how to
explore issues of language rights as well as the ways in which
these issues should reported in the newspapers. An increase in the
frequency of reporting on issues regarding language rights during
the period was registered. 6. Field Meetings A number of meetings
were held with government officials, pradeshya sabha personnel,
language officers, government initiated language societies, and the
various organisations and departments which complaints were made
against. Among them were many awareness programmes for journalists,
public officers and members of the language societies. Workshops
were held for provincial journalists from 27th to 29th October in
Kalmunai, Trincomalee and Vavuniya. 105 attended. 5 training
workshops were held for government officers in the target areas, in
November and December 2011. A total of 208 participated. The
importance of respecting language and language rights regulation
was emphasied and the problems and challenges faced by state
officials in the carrying out of their duties were discussed.
Language Society members Awareness Sessions were held in the
targeted areas from December 2011 to March 2012, and 613 persons
participated in these. Four graded sessions were held for each
society. Trainers from the local partner organisations carried out
4 x 2 hour sessions each with the Leaders of Language Committees
creating awareness on the issues and on their role and
responsibilities as Language Society leaders . In a number of cases
project staff too carried out follow up sessions to ensure that
sufficient understanding had been achieved. In this way a total of
4090 local community members were reached. Annexure 3 contains a
detailed Field Schedule with locations dates and participants
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7. The Nature, Role and Vision of Language Societies Language
societies are a concept well promoted and supported by the Ministry
of National Languages and Social Integration following the renewed
recognition granted by the current administration to the importance
of language rights.5 Under a national programme titled the National
Bilingual Movement, the Ministry has targeted a total of 5000 such
societies in all bilingual areas and reached around 1000 as of the
time of reporting6. One of the actions of this project was to
establish no less than 150 such language societies in the regions
covered. With a subsequent debriefing by trainers these were
further strengthening so as to be able to carry forward the
objectives of the programme, in the area of language rights. The
objectives of Language societies include:
Bringing together community members with diverse backgrounds who
will unite towards a common goal of promoting and protecting
language rights in the area. (The Committees provide strength in
numbers for advocacy which individuals alone may not have.)
Educating and empowering members on language policy, the relevance
of language rights, the recourse available, where there have been
violations of same Ensuring that members, including the younger
generation develop a healthy respect for each others languages,
cultures and literary heritage. In the course of the project
Language Societies came up with a number of innovative ideas on
what they can do to achieve such objectives, these included:
negotiating for cases to be handled in the language of choice.
ensuring that all local signage respects the two state
languages
5 See
http://www.asiantribune.com/news/2011/02/15/sri-lanka-government-
promotes-special-societies-implement-language-policy-successful 6
http://www.dailynews.lk/2012/02/25/news03.asp
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pressurizing for a bi lingual school with Tamil language
teachers playing a role in communal harmony, cultural unity,
beginning with childrens libraries, cultural events, poetry ,
dance, drama events etc conducting inter-school learning exchanges
hosting monthly meetings to discuss community issues along with
language issues being aware, and creating awareness that it is
justifiable to request official documentation in their respective
languages and appearing for the right to have documentation in the
language they understand involving in community welfare issues,
where community harmony may be affected, by working in various ways
to support and mediate in community issues. promoting appreciating
of cultures by organising such events as a multicultural Avurudhu
ceremony this April Sinhala /Tamil New Year, tri lingual childrens
libraries, cultural music and drama festivals, Start a pre-school,
teach Tamil networking with other committees islandwide to form a
strong base for promotion of language equality
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A large majority of the
Tamil speaking people
have been educated in the
Tamil medium. They
would very much prefer to
use Tamil in official
dealings just as the
majority of Sinhala
speaking people opt to use
Sinhala in all official
dealings. It is the duty of
the public service to serve
the public in the language
of the latter, and not that
of the public to be
prepared to transact
business in the language
of the public servant. -
LANGUAGE AUDIT
SEGMENT FINAL REPORT
30 DECEMBER 1998
8. Instances of Violations of Language Regulation In multi
ethnic societies, language rights take on special significance and
cannot be ignored, the case of Sri Lanka being no exception.
Language has played a major role in the ethnic conflict with
besieged the island for 30 odd years and as such a solution to such
discord should also contain language at the core. In the post war
period its importance continues to be emphasized by the
highlighting of language rights in such policy documents as the All
Party Representative Committee Report (APRC,) and the most recent
and contentious Lessons Learnt and Reconcilliation Committee (LLRC)
Whilst state policy upholds one set of values, the practical
scenario on the ground speaks of an entirely different attitude of
apathy and disregard for the language rights of Sri Lankans. Listed
below are just a few of the numerous violations, large and small,
discovered by the project team in their research on the
effectiveness of implementation of language policy in the regions
covered: Complaints made by Tamil speaking citizens are recorded in
Sinhala at Police Stations, and the complainants are subsequently
asked to sign these statements.(Vavunia, Trincomalee, Mannar and
Ampara) Urban Council officials using the Sinhala language when
transacting with Tamil citizens Letters issued from Colombo are
sent in Sinhala alone to Tamil citizens, and letters issued from
regional offices in the N&E are sent in Tamil alone to Sinhala
citizens. Letters issued by zonal education offices are sent in
Sinhala alone. Sinhala officials at certain zonal education offices
were found distorting Tamil wording (eg Kalvi means education but
the word used Kalavi means raping of women!) Tamil citizens facing
serious difficulties as a result of the majority of doctors and
nurses speaking only Sinhala. Government institutions in the North
sending letters in Sinhala to Tamil citizens.
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Street signboards being mostly in Tamil alone or Sinhala alone
(Kamlunai, Tirukkovil, Thirappane) Signboards on buses travelling
from Vavuniya to Colombo being in Sinhala alone. Banks operating in
English alone with Sinhala (names such as Sisu Udana and Isuru
Udana which were not at all meaningful in Tamil) A roadblock was
marked stop in Sinhala, but its Tamil counterpart was marked stop
with an insulting and derogatory connotation (Navathinna in Sinhala
and Navaththapang in Tamil). The name Kalubanda, was translated to
Tamil as Karuppu (black) Banda. A translators assistance is
required even when selling a car. If not there is no way to provide
or receive information. IN one case the same birth certificate and
identity card had to be changed 3 times as a result of language
problems. Traffic Police issue tickets in Sinhala alone in some
cases. The majority of doctors use Sinhala alone even when
providing specialist consultations that are charged for. During a
discussion with the Government Agent regarding disaster management,
the Provincial Secretary asked persons present if they spoke
English as they did not speak Sinhala and the Government Agent did
not speak Tamil. Tamil teachers in Ampara have been sent Teaching
Guides in Sinhala. Translations are sent late, sometimes even too
late to be of much use. Only a few trained Tamil and Sinhala
teachers have been appointed to these Districts. The subject matter
in Tamil science text books from the Ministry of Education is
entirely different to that in the Sinhala science texts. However
the examination papers set for both are the same. Publications by
the National Institute of Education are either not sent in adequate
numbers in Tamil or are sent late. Certain courses at the Colombo
University are conducted in the Sinhala language alone. Tamil
medium applicants have received examination applications in
Sinhala. Tamil citizens in the Eastern Province receive summons in
Sinhala. Court transactions and case hearings in many areas of Sri
Lanka are conducted only in Sinhala or English. Amendments to the
Financial Regulations and Establishment Code are issued in Sinhala
alone.
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While there is a Tamil translation of the 1971 Establishment
Code, there is no translation of the 1985 amendment. The amendment
extends the leave available to those traveling abroad from 3 months
to 6. However as there is no Tamil version of the amended
Establishment Code of 1985, Form 141, common in medical records, is
only available in Sinhala Line Ministry circulars are issued in
Sinhala. Labels of the majority of consumer goods and most
pharmaceuticals are in English When applying to obtain electricity,
a Tamil form alone is provided. In some areas it is a Sinhala form
alone that is provided. Even in areas such as Vavuniya and Mannar,
the Census and Statistics training has been provided in Sinhala
medium. Colombo Municipal Council building permission applications
are not available in Tamil. The Embarkation Cards issued at the
Bandaranaike International Airport by the Department of Immigration
and Emmigration are not available in Tamil Among stakeholders
affected by violations some people were not aware that they were
living in a so called bilingual area stipulated by the government
and some mentioned that if they could understand and or partly
speak Sinhala it was not necessary to deal in their own language.
This disregards the spirit of the National Policy on Language which
gives each citizen right to transact in his/her own mother
tongue
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the very points made that, for eg no where else
in the world is it sung in
more than one language
displays the rank
ignorance that is given an
important place in this
country.
9. Some thoughts on Language Rights Speeches from the Public
Seminar on Language Rights, held December 12th
Dr Saravanamuttu, Executive Director, CPA OPENING REMARKS Dr
Saravanamuttu welcomed participants to the consultation and went on
to say that Language Rights could be considered one of the Human
Rights that affect the most number of people in the country, in
practice, and perhaps arguably the most overlooked by state or
political actors. One can even say that this apathy or lack of
regard to Language rights could have a certain political potential,
which can be exploited. He went on to point out that better
attention to Language Rights could make an important difference to
the people of this country. Outlining the history of Language
Rights in Sri Lanka he pointed out that the Official Languages
Commission was in place from 1990. Yet many challenges, obstacles
inconveniences and embarrassments were faced by people in their
day-to-day lives due to failure to implement the official language
policy of the country. This could be due to lack of prioritization
by the Legislature as well as the Executive on the issue of
Language Rights. The fact that we still hear of the obstacles and
humiliations faced by citizens, coming from this failure shows the
lack of commitment, and sincerity on the part of the powers that be
in this regard. In this post war situation, our main challenge now
is to move to a post conflict situation where the sources of the
conflict are not sustained and not reproduced. Those sources arise
from the simple fact that our architectures, institutions and
processes of governance do not convince all the people of this
island that they belong here, that they are part of this, that they
are stakeholders and not hapless bystanders. Dr Saravanamuttu
opinioned that if we are to move to being as trilingual society we
need, as civil society and as ordinary citizens to put as much
pressure on such moribund institutions to make sure that Language
Rights are respected and fully implemented.
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Dr Saravanamuttu cited the example of the recent controversy
over the National Anthem the very points made that for eg the
National Anthem should only be sung in one language, and that no
where else in the world is it sung in more than one language
displays the rank ignorance that is given an important place in
this country. He said he would personally like to see a time when,
symbolically, the National anthem was sung, one verse in one
national language and the next in the other, as in fact it is done
in a number of countries, and there is no reason why it should not
be possible in Sri Lanka. This would be the sign of a truly plural
and democratic society. He summarized that language is the means of
communication of people, and if people cannot communicate they will
live in isolation without understanding or sympathy. It is also
underscores identity, culture and aspirations of a people. If it is
not respected and given a place in society this is an insult and a
rejection of the people who speak that language, and will not
contribute to reconciliation and to the robust national unity
needed for this country to move forwards towards a post conflict
situation. Vasudeva Nanayakkara, Minister of National Languages and
Social Integration Cadre of 350 capable of working in Tamil join
the Police Addressing the public discussion on Language Rights,
held in Colombo to commemorate Human Rights Day, the Minister of
National Languages and Social Integration, Vasudeva Nanayakkara
said that the government has taken steps to enroll 350 persons
capable of working in the Tamil language, as Police Constables to
work in the North and East areas, with the intention of providing a
solution to problems faced by Tamil citizens of these areas in
seeking Police assistance in their mother tongue. The Minister
added that this measure was taken as a first step, and will be
expanded on in the future. The Minister earlier presented another
example of a language rights violation from the recent past. A
large number of Sinhala as well as Tamil speaking persons visit the
Colombo National Museum on a daily basis. The majority of them are
students from far flung areas of the country. There is not a single
Tamil speaking employee at the National Museum to provide them with
information related to the exhibits. Having understood the gravity
of this problem, the Minister has over the last few months been
pressuring the Museum authorities to hire two Tamil speaking staff
members. However his efforts have yielded no results thus far.
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it is important to recognise for example
that you have a right to
transact with public
servants in a language of
your choice.
B. Skandakumar, Senior Researcher, Law and Society Trust ROLE OF
CIVIL SOCITY ORGANISTIONS IN THE PROMOTIION OF LANGUAGE RIGHTS Mr
Skandakumar started by sharing some experiances in recent work in
this area. He pointed out that their anticipated role is to raise
understanding and awareness of citizens, and in particular of
affected persons of their rights, for the purpose of claiming their
rights. Beginning with the idea of recognizing that we have rights,
how do we understand that what we have experienced is
discrimination? Then it is important to recognise for example that
you have a right to transact with public servants in a language of
your choice. Linguistic rights are fundamental rights and human
rights. Who is to blame for these rights being denied, are they
just prejudiced insensitive officials, or the institutions which
lack capacity, equipment etc or is it systemic, structural social
problem? After you find out what the cause is where do you go to
seek redress? We are fortunate that we do have a mechanism where
those who have suffered a violation, can go, and submit a
complaint. This brings us to the next important issue which is then
why is it that Tamil speakers, even though they recognize that they
have these rights, chose not to enforce them; why do they not
demand this justice? That is a much bigger issue which cannot be
addressed by looking at language rights itself in a vacuum. It is
important for civil society to be watchdogs, and to be alert and
give a voice on the behalf of those who have no voice M.A.
Sumanthiram , SOCIAL INTEGRATION THROUGH BILINGUALISM
Attorney-at-Law Sumanthiran said he would speak in English because,
primarily language is a means of communication and it would be more
suitable in this instance. Some excerpts from his address: Often it
was said language was the root of the conflict, but maybe that was
only the visible source. After Tamil was made an official Language,
some problems were actually greater than before. For
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example as recently as 2010, after the war ended and after a
minister was appointed for National Language and Social
Integration, this currency notes issue came up. The Indian rupee
has thirteen languages written on it. Our currency note previously
had the promise to pay section in Tamil. I disagree with people who
say we must all get together and implement the Language policy. No-
Language Policy has to be implemented by the government. Just
preparing a policy, adjusting the constitution and making Tamil a
National Language means nothing. You can say trilingualism is a
state policy that means nothing! Six months ago I had to make a
statement in Jaffna in Telipalai Police Station in Sinhala, and I
told the officers that this was a violation of my rights, soldiers
in full uniform had stormed a meeting and dispersed it. In any case
whatever language I had put it, there would not have been any
redress language is not really the important issue here, there has
to be a shift in the thinking of the governors. People should be
ready for it. There are enough circulars; there must be a
fundamental change of attitudes. People have to understand that it
is a plural society, and the majority has to be able to live with
that comfortably. Until then no amount of complaints, circulars or
policy changes will do. A few years ago, in a case where I was
counsel, a Trade union from the upcountry filed an SC petition,
where more than 20% are Tamil speaking persons, the voters list was
displayed only in the Sinhala Language (at this point he asked
whether it was rectified- reply was that instructions were given)
this resulted in several thousand people being unable to register,
since they were not sure if their names where there. SC granted
leave, AG Dept agreed that there was a violation, but said that
there were no resource. So the SC merely instructed that when
resources become available please ensure this (it seems to have
been addressed- which is a significant development) Last week I saw
the letterhead of the Hon Chief Justice- it is in English and
Sinhala- not in Tamil. In the west of the A9 in Kilinochchi ,
Santapuram etc , street names re only in Sinhala I have photos.
These came up in recent years, so the war ending and making Tamil
an Official Language has not really helped at all. Pushing a
bilingual policy for social integration is really not answer, there
has to be attitude change!
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10. Updates in language regulation and legislation CPA was able
to draw attention to a number of serious language rights violations
that have been continuing unresolved for sometime. Following
extensive interviews with communities who are most affected by
language anomalies, CPA has submitted a total of 20 applications to
the Human Rights Commission7(HRC), 22 to the Official Language
Commission(OLC), 5 applications to the Consumer Rights Authority
and two Fundamental Rights (FR) cases with the Supreme Court, one
of which has been given leave to proceed. The OLC has issued formal
notices outlining the required changes, although results are not
obvious to date . The Human Rights Commission which is mandated to
upholding Human Rights and provisions of the constitution can carry
out an inquiry, summon parties and discuss issues, as well as
produce a circular stating details of the violation and recommended
solutions. That signboards are in Tamil on most buses plying in the
North and East, and in Sinhala on those outside of these two
provinces, was the basis of four submissions to the Human Rights
Commission of Sri Lanka made by Lionel Guruge on behalf of the
Centre for Policy Alternatives. The HRCSL which hears out such
matters of national importance has auditioned the cases with the
plaintiff CPA and respondents and issued formal orders for change
of procedure in line with Language Rights legislation. In the
hearing of said cases submitted, time was spent on discussion,
persuasion and explanation of the provisions in existence, so that
respondents gain an understanding of why they should change any
particular procedure, and not necessarily merely follow an order.
In this manner the Ministry of Private Transport and the Sri Lanka
Transport Board were instructed8 to ensure passenger buses operate
with signboards in all three languages which they agreed to do from
13 April. Following another submission, the Deputy Transportation
Authoritys office has issued a circular dated February 28, 2012
emphasizing the need to make railway announcements in all the three
languages at all the stations adhering to the State Language
Policy. In response to a complaint on the non-availability of
documentation in both languages, the main office of Eastern
Province Water Board in Trincomalee has made all arrangements to
function and provide forms in Sinhala and Tamil languages.
According to the Southern Province Transport Authority, all the bus
terminals under the Southern Province Passenger Transport Authority
will display travel destinations in all three languages. In
addition, all the information regarding the bus services, bus
fares, project information and details of the Authority are
arranged to be publicised in the three languages through the
Southern Province website. This was following an enquiry made by
the Centre for Policy Alternatives. 7
http://hrcsl.lk/english/?p=1897 8
http://www.thesundayleader.lk/2012/03/25/hrc-orders-tri-lingual-bus-signboards
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In response to the FR application on the subject of currency
notes the Ministry of Finance has given the assurance that all
notes printed from this point onwards will contain in Tamil, the
relevant notice: This currency note issued by the Government of Sri
Lanka is legally valid in paying any amount of money within Sri
LankaAnother case submitted to the Supreme Court, is in on the
subject of courses at the University of Colombo being available
only in Sinhala. In the case of pharmaceutical industry violations,
(where most relevant information on pharmaceutical packaging is
found only in English) however the response from the Consumer
Rights authority has been far from satisfactory, and this matter
has subsequently been submitted to the HRC in the hope of more
effective response. With both the HRC and the OLC, one drawback is
that the plaintiff actually has to monitor follow-up. Some
monitoring can admittedly be carried out by established Language
Societies, which can draw attention to developments or lack
thereof.
A list of applications/cases submitted is found annexed
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11. Press Conference and Media Reviews A Press Conference was
held on April 30th at the National Libraries Institute, Colombo, to
launch findings of the Language Rights programme as well as to give
informaiton on updates on the legal situation regarding the
complaints submitted, on April 30 National Libraries Institute,
Colombo. 32 participants attended. The panel comprised of SG
Punchihewa, Dr Devaneshan Nesiah, Dr P. Saravanamuttu, Lionel
Guruge, and Mr S.Sivagurunathan The panel explained the outcomes of
the programme for the media personnel present and replied to
questions of the media. A number of press reviews followed, of the
programme as well as television coverage on MTV News 1st ,
Rupavahini, Derana and TNL Radio, Neth FM , Sirasa Radio among
other channels, on the 30th, and following dates
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12. Recent Online Reference to Language Rights
MTV Morning Show May 23rd
http://www.youtube.com/watch?v=wOqHHBDcTvE&feature=plcp Daily
Mirror March 26th
http://www.dailymirror.lk/opinion/18235-the-language-of-harmony.html
TNL Radio
http://newsradio.me/latest/centre-for-policy-alternatives-requests-product-details-be-displayed-in-all-three-languages
The Island March 6 2012 Dr Devanesan Nessiah Tamil Language Rights
in Sri Lanka Part I The Island: March 7 2012 Dr Devanesan Nessiah
Tamil Language Rights in Sri Lanka Part II The Island March 8 2012
Dr Devanesan Nessiah Tamil Language Rights in Sri Lanka Part III
Blog- March 27th Two Noble Languages One Voice Daily News Feb 25th
2012 Government implementing LLRC recommendations-Vasudeva Asia
Tribune Feb 16th 2012 Special Societies to Implement Language
Policy P. Krishnaswamy Feb 12 2012 National Language policy to
boost ethnic harmony
Jayadeva Uyangoda SAFHR 2012 Sri Lanka: Recent Shifts in the
Minority Rights Debate Prof. Sasanka Perera Oct 2011 Prevailing gap
in the practical implementation of Tamil as an official language is
yet to be bridged Daily News Features June 23rd 2011 Ten Year
National Action Plan for a Trilingual Sri Lanka: Redefining
language Sadhana Abayasekara, Australian International Law Journal,
A Dog without a Bark: A Critical Assessment of the International
Law on Language Rights Sunday Leader October 30th 2010 The Official
Languages Commission Let It Be A Meaningful Exercise B.
Skanthakumar Law and Society Trust Oct 2010 Brief Note on Tamil
Language Rights Sunday Times July 5th 2009 Official Languages
Policy - mere rhetoric? SICPA for FCE 2006
http://www.idpsrilanka.lk/Doc/Related Articles/Final Report-
Language Policy- FCE, 2006.pdf,
http://terminategenocide.com/html/srilanka_languagepolicy.html
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13. Conclusion & Recommendations 2012
In Divisional Secretariat areas where there is a population of
more than 1% whose mother tongue is another language, these should
be considered bilingual and officers conversant in both languages
should be commissioned to assist in official work. In such areas
collaboration must be formed with government officials to promote
understanding and sensitivity towards the issue. The establishment
of the Ministry of National Languages and Social Integration is a
very postive indicator and it has a crucial role to play. The
Language Societies established by them are very important and
should be supported and encouraged and their scope widened. This is
to make communities aware of and sensitive to the importance of
language rights and related issues. Language Societies also have to
monitor the implementation of language related regulation in the
areas they cover. In the formulation of various National Policies,
the importance of translation should be stressed. In the policies
themselves language rights should be incorporated where relevant.
If resources for such action are limited there should be a serious
effort and a viable plan to make these resources available. Policy
makers should feel that it is important to consider the
sensitivities of both languages and cultures. Language audits
should be carried out in government institutions and departments in
Sri Lanka, to ascertain if capacity is available for translations
and work in both languages, and if it is thus being carried out.
According to the results of such audit, work plans can be set out
on how to thus make it a policy, to have bilingual translation
available in all public departments. More Sinhala and Tamil
language works of cultural and literary value should be translated
to the other language. This can be included in national policy on
Education and Culture . Private companies in the commercial sector
should be encouraged to consider in their corporate social
responsibility policies the inclusion of equal emphasis on both
languages. Whereas companies cannot be legally challenged for not
conforming with language policy, in cases where clear injustice
occurs, for eg the pharmaceutical trade, a legal mechanism should
be established which ensures that the basic rights of consumers are
not violated. The HRCSL and OLC should have a better mechanism to
follow up progress of the cases submitted to them, A careful,
detailed and long term plan is needed to reach the targets of
ensuring language rights for all within a reasonable time
frame,-For example, the Education Department needs to budget for
training of the required number of translators, and an institute
which trains, certifies and monitors the standards of translators
and translations of both languages, should be established in the
country, with a much wider scope than the existing one.
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Language Societies which are a concept to take awareness and
advocacy on language rights to the communities, must be
strengthened and promoted which will lead to a non political,
unbiased, culturally sensitive civil society network promoting
inter cultural and, inter religious tolerance and harmony. Radio
and Television programmes providing Sinhala and Tamil language
services can be introduced, Audio and video presentations of
Sinhala/Tamil scripts, Newspaper pages on Sinhala /Tamil language,
websites for teaching Tamil/Sinhala Special programmes in primary
schools including special recognition of students with high marks
at GCE O and A level Sinhala and Tamil and School dramas with
dialogues in Sinhala and Tamil Simple translations of classic works
in Sinhala and Tamil to the other language A clear plan for the
implementation of the provisions included in the LLRC on Language
Rights, which should be put into action with a definite time
framework The co operation of state, media, politicial , civil
society activists and citizens to work together with changed
attitudes, with sensitivity considering this as a national goal
towards the future good of the country. These findings are from a
pioneering exercise carried out within a short space of ten months,
aimed at identifying in detail the real effects on communities, of
failure to implement language regulation, and the practical aspects
of seeking recourse in the case of violations ranging from
approaching the Ombudsman, the OLC, the HRCSL, Consumer Rights
Authority and the Supreme Court so as to also uphold the provisions
of the constitution with regard to language rights.
The programme also examined the existing attitudes of officials
in state institutions, of local communities and the media
understanding of these issues, and it improved awareness on the
importance of language rights and regulation. We understood that
while enforcing administrative and legislative regulations as
important, overall attitudinal change was extremely important
too.
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The most effective approach therefore is to change attitudes
among younger generations, and in fact among all members of
communities, from within families, and in early education,
emphasizing that the respect and sensitivity for other cultures,
and their languages are integral in the path towards true
reconciliation and a harmonious future for all Sri Lankans END OF
REPORT
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ANNEXURES
Annexure i
List of Public Administration Circulars and Memos on Language
Rights Official Languages Commission Act No.18 of 1991 Memorandum
of Recommendations - 2006 Memorandum of Recommendations - 2005
Chapter IV of the constitution of the Democratic socialist Republic
of Sri Lanka Public Administration Circulars No- 03/2007 Public
Administration Circulars No- 07/2007
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Annexure ii Complaints list and Status updates 30 April 2012
OLC Reference OLC/C/195 Issue Sri Lankan Currency Notes leave
out a relavant sentence in Tamil Respondent Secretary Ministry of
Finance and Govenor, Central Bank Reply from N.R. Ranawaka,
Chairman Official Languages Commission Response In future the full
Tamil translation too will be printed on all notes Response Date
21.03.2012 OLC Reference OLC/C/179 Issue Street sign boards in
Kalmunai Municipal Council area only in Tamil Respondent Mayor of
Kalmunai M.C and Municipal Commisioner Respondent N.R. Ranawaka,
Chairman Official Languages Commission Response Date 08.04.2012
Status A promise was made to take action to rectify this OLC
Reference OLC/C/186 Issue Street sign boards in Tirukkovil
Pradeshya Sabha area only in Tamil Respondent Pradeshya Sabha
Chairman and Secretary Reply from N.R. Ranawaka, Chairman Official
Languages Commission Response From this point onwards the Tamil
translation will be incorpated Responce Date 09.04.2012 OLC
Reference OLC/C/2012/W/2/11 Issue Colombo Municipal Council
document for Application for Building Permission was available only
in Sinhala and English Date of Complaint 31.01.2012 Respondent
Mayor of CMC, and Municipal Commissioner Reply from N.R. Ranawaka,
Chairman Official Languages Commission Response Documents with
trilingual translation were organised Response Date 09.04.2012
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OLC Reference OLC/C/184 Issue In the Maharagama Urban Council
area street signs are only in Sinhala Respondent Chairman and
Secretary of MC Reply from N.R. Ranawaka, Chairman Official
Languages Commission Response OLC has notified but respondent has
not responded Notification Date 13.03.2012 Status: Legal action is
to be taken against the Maharagama Municipal Council Commission
& Official Language Commission if there is no response within
two months OLC Reference OLC/C/181 Issue Police Officers of Police
Stations within the Vavuniya Police Division recording complaints
and statements made by Tamil speaking persons in Sinhala Respondent
Senior Superintendent of Police Vavuniya and Inspector General of
Police Reply from N.R. Ranawaka, Chairman Official Languages
Commission Response OLC has instructed to take steps to rectify
this and take statements in Tamil from Tamil speakers Response Date
13.03.2012 OLC Reference OLC/C/2012/W/1/7 Issue Land Procedure Code
has not been issued in Tamil. Respondent Government Publications
Dept, and Commisioner of Lands Reply from N.R. Ranawaka, Chairman
Official Languages Commission Response OLC has instructed to reply
with the progress. Response Date 17.02.2012 Status: Legal action is
to be taken against the Land Commission & Official Language
Commission if there is no response within two months OLC Reference
OLC/C/178 Issue Police Officers of Police Stations within the
Batticaloa Police Division recording complaints and statements made
by Tamil speaking persons in Sinhala Respondent Senior
Superintendent of Police Batticaloa and Inspector General of Police
Reply from N.R. Ranawaka, Chairman Official Languages Commission
Response OLC has launched an enquiry
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Response Date 24.11.2011 Status: Legal action is to be taken if
there is no response within two months OLC Reference OLC/C/182
Issue in the Thirappane PS area Street signboards not containing
the street name in the Tamil language Respondent Thirrappane PS
Chairman and Secretary Reply from N.R. Ranawaka, Chairman Official
Languages Commission Response OLC has launched an enquiry on
21.11.2011 Response Date 24.11.2011 Status: Legal action is to be
taken if there is no response within two months OLC Reference
OLC/C/183 Issue Police Officers of Police Stations within the
Trincomalee Police Division recording complaints and statements
made by Tamil speaking persons in Sinhalese Respondent Senior
Superintendent of Police Trincomalee and Inspector General of
Police Reply from N.R. Ranawaka, Chairman Official Languages
Commission Response OLC has launched an enquiry on 21.11.2011
Response Date 24.11.2011 Status: Legal action is to be taken if
there is no response within two months OLC Reference OLC/C/185
Issue Police Officers of Police Stations within the Ampara Police
Division recording complaints and statements made by Tamil speaking
persons in Sinhalese Respondent Senior Superintendent of Police
Ampara and Inspector General of Police Reply from N.R. Ranawaka,
Chairman Official Languages Commission Response OLC has launched an
enquiry on 21.11.2011 Response Date 24.11.2011 Status: Legal action
is to be taken if there is no response within two months OLC
Reference OLC/C/189 Issue Police Officers of Police Stations within
the Mannar Police Division recording complaints and statements made
by Tamil speaking persons in Sinhalese
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Respondent Senior Superintendent of Police Mannar and Inspector
General of Police Reply from N.R. Ranawaka, Chairman Official
Languages Commission Response OLC has launched an enquiry on
21.11.2011 Response Date 24.11.2011 Status: Legal action is to be
taken if there is no response within two months OLC Reference
OLC/C/177 Issue Instructions and information on pharemcuttical
products is only available in English Respondent Chairman Drugs
Regulatory Authrity , Chairman, State Pharmecutical Co- orporation
Reply from N.R. Ranawaka, Chairman Official Languages Commission
Response OLC has launched an enquiry Response Date 02.11.2012
Status: Legal action is to be taken if there is no response within
two months
No. Respondent Complaint Office reported to
Date of last update
Case number
1 Senior Superintendent of Police Vavuniya and Inspector General
of Police Police Officers of Police Stations within the Vavuniya
Police Division recording complaints and statements made by Tamil
speaking persons in Sinhalese Respondent was instructed to report
on this matter by 2011-12-12 and since he did not comply he was
notified verbally to report by 2012-01-27.
Head Office Colombo 08/11/2011 2011-12-12 HRC/3464/2011
2 Senior Superintendent of Police Ampara and Inspector General
of Police Police Officers of Police Stations within the Ampara
Police Division recording complaints and statements made by Tamil
speaking persons in Sinhalese
Head Office Colombo 08/11/2011 HRC/3467/2011
3 Senior Superintendent of Police Trincomalee and Inspector
General of Police Police Officers of Police Stations within the
Trincomalee Police Division recording complaints and statements
made by Tamil speaking
Head Office Colombo 08/11/2011 HRC/3465/2011
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persons in Sinhalese 4 Senior Superintendent of Police
Batticaloa and Inspector General of Police Police Officers of
Police Stations within the Batticaloa Police Division recording
complaints and statements made by Tamil speaking persons in
Sinhalese
Head Office Colombo 08/11/2011 HRC/3463/2011
5 Chairman Ceylon Transport Board Many C.T.B buses traveling in
the North and East including Vavunia only carried the destination
signs in Tamil Circular issued 29.03. 2012 directing all bus name
boards should contain travel information in all three languages
10/01/2012 HRC/282/2012
6 Ministry of Private Transport Services Many private buses
travelling in the North and East including Vavunia only carry
destination signs in Tamil Directive issued by Secretary MPTS
20.02.2012 directing all bus name boards to contain travel
information in all three languages by 13.04. 2012
10/01/2012 20.02.2012 HRC/284/2012
7 Station Superintendent Maho Railway Station and General
Manager Railway Department
Announcements regarding railway traffic not being made in the
Tamil language at Railway Stations Railway Transportation
Authoritys office said to make railway announcements in all the
three languages at all the railway stations, adhering to the State
Language Policy.
Head Office Colombo 08/11/2011 circular dated 28.02.2012
HRC/3470/2011
8 Station Superintendent Polgahawela Railway Station and General
Manager Railway Department
Announcements regarding railway traffic not being made in the
Tamil language at Railway Stations Railway Transportation Authority
directive as above
Head Office Colombo 08/11/2011 circular dated 28.02.2012
HRC/3471/2011
9 Station Superintendent Announcements regarding railway traffic
not being Head Office Colombo 08/11/2011 HRC/3469/2011
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Galoya Railway Station and General Manager Railway Department
made in the Tamil language at Railway Stations Railway
Transportation Authority directive as above
circular dated 28.02.2012 10 Station Superintendent Anuradhapura
Railway Station and General Manager Railway Department
Announcements regarding railway traffic not being made in the
Tamil language at Railway Stations Deputy Transportation Authority
directive as above
Head Office Colombo 08/11/2011 circular dated 28.02.2012
HRC/3468/2011
11 Chairwoman Urban Council Maharagama Street signboards not
containing the street name in the Tamil language Head Office
Colombo 08/11/2011 HRC/3462/2011 12 Chairman Pradeshiya Sabha
Thirappane Street signboards not containing the street name in the
Tamil language Regional Office Anuradhapura 08/11/2011 HRC/AP/555/
11/I 13 Chairman Pradeshiya Sabha Thirukkovil Street signboards not
containing the street name in the Sinhala language HRCSL
communicated that new name boards would be arranged. Regional
Office Kalmunai 08/11/2011 16.01.2012
HRC/KL/177/ 11/R
14 Station Superintendent Mahawa Railway Station and General
Manager Railway Department
Announcements regarding railway traffic not being made in the
Tamil language at Railway Stations Head Office Colombo 07/11/2011
Registered Post 2011-12-05
15 Senior Superintendent of Police Mannar and Inspector General
of Police Police Officers of Police Stations within the Mannar
Police Division recording complaints and statements made by Tamil
speaking persons in Sinhalese
Head Office Colombo 08/11/2011 HRC/3466/2011
16 Mayor Municipal Council Kalmunai Street signboards not
containing the street name in the Sinhala language Regional Office
Kalmunai 08/11/2011 HRC/KL/178/ 11/R 17 Colombo Municipal Council
document for Application for Building Permission was available only
in Sinhala and English April 2012
18 State Pharmaceutical Corporation Information on
Pharmaceutical products was in English only April 2012 19-28 9
Provincial Council Secretaries, Cabinet Secretary PCs tri lingual
signage is required in all areas, and public buildings and
institutions
April 2012
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Annexure iii. Field schedule Awareness Raising programmes for
Public Officials The resource persons at these discussions were Mr.
S.G. Punchihewa, Prof. Saideen, Mr. Lionel Guruge and Mr. S.
Sivagurunathan. Pottuvil About 35 public officials attended the
awareness programme held in Hotel Monty on November 15, 2011. This
event was coordinated by NAFSO, Pottuvil and the Rural Economic
Development Society, Panama. Batticaloa The language awareness
programme held in Cope In Hotel on December 8, 2011 was attended by
about 30 public officials. It was organized by NAFSO district
office. Trincomalee The awareness programme held in the auditorium
of the Sarvodaya District Organisation was attended by 55 public
officials. This event was coordinated by Eastern United Womens
Organisation and Sarvodaya Shramadana Society. Vavunia An awareness
programme in Vavunia was held on November 29, 2011 and 40 public
officials attended the event which was organized by the Rural
Development Foundation, Vavunia. Mannar On November 30, 2011 held
the awareness programme in the auditorium of the Government Agents
office. 29 public officials attended the event which was organized
by Mannar Rural Human Solidarity Foundation. Some Language Society
meetings held on October 27, 28 and 29, 2011. Workshop held Mannar
Community Hall on December 12, 2011 from 9.00am to 12.00 noon,
organized by Mannar Human Solidarity Foundation On December 19,
2011, from 3.00pm to 5.00pm, the meeting of members of Tamil
language societies in Vavunia District was held in the auditorium
of Rural Development Foundation. 14 members participated at the
meeting which was organized by Rural Development Foundation,
Vavunia . The meeting of the members of language societies in
Vavunia District was held in the Alagalla Community Hall on
December 28, 2011. 10 members participated at the meeting which was
organized by Rural Development Foundation. Two meetings of the
members of language societies in Trincomalee District were held.
The first one organized by Eastern United Womens Foundation in
Kantale
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in the morning of December 20, 2011. 28 were present at this
meeting. In the evening of the same day the second meeting was held
in the auditorium of the Sarvodaya Sharamadana Society to which 17
persons attended. It was organized by the Sarvodaya Sharamadana
Society. The meeting of the members of language societies in
Batticaloa District was held on December 21, 2011. 25 members
participated at the meeting which was organized by the NAFSO
District office. The meeting of the members of language societies
in Ampara District was held in the old Temple , Pottuvil on
December 22, 2011 from 9.00pm to 1.00pm. 30 members participated at
the meeting which was organized by Rural Economic Development
Society. The meeting of the members of Tamil language societies in
Addalachchenai was held in the Main Hall of National School on
December 30, 2011 from 3.00pm to 5.00pm. 23 members participated at
the meeting which was organized by NAFSO District Office.
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Annexure iv
CPA Press Release 20 March 2012
Language rights in Sri Lanka: Display of bus route boards in all
three languages 20 March 2012, Colombo, Sri Lanka: That signboards
are in Tamil on most buses plying in the North and East, and in
Sinhala on those outside of these two provinces, was the basis of
four submissions to the Human Rights Commission of Sri Lanka made
by Lionel Guruge on behalf of the Centre for Policy Alternatives.
The Secretary of the Ministry of Private Transport Services and the
Chairman of the Sri Lanka Transport Board and the Ministry of
Transport were sited as the respondents. These submissions were
heard on 13th February 2012 by M