promoting language rights of minorities

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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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Report from PLRM project CPA

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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