by Neville Ladduwahetty
The Sinhala Commission set up by the National Joint Committee has identified and recorded the injustices suffered by the Sinhala people in the first part of its final report. Some of the injustices can be attributed to being the direct result of British colonial policy. Others, particularly the developments since independence, are the indirect consequences of British policy. The injustices suffered by the Sinhala people as a whole are due to the direct and indirect effects of these policies, while those suffered by the Kandyan Sinhalese are due to specific policies targeted against this segment of the Sinhala people.

Unlike injustices suffered by the Sinhala people as a whole, the qualitative nature of the injustices suffered by the Kandyan Sinhalese permits these injustices to be addressed as Rights of Indigenous People as defined by international organizations. For instance, the developments in the field of Human Rights provide the backing that the Kandyan Sinhalese need for demanding the creation of the needed institutions for their rehabilitation and for restoring their lost integrity. Not to do so would be a violation of their Human Rights.

Of the many international compilations that have attempted to address the concerns of, tribal and indigenous, people the most comprehensive is the document prepared by the International Labour Organization. According to Article 1 of the International Labour Organization Convention (No. 169) Concerning Indigenous and Tribal Peoples in Independent Countries (1989)

"This Convention applies to:

(a) tribal peoples in independent countries whose social, cultural and economic conditions distinguish them from other sections of the national community, and whose status is regulated wholly or partially by their own customs or traditions or by their special laws or regulations;

(b) peoples in independent countries who are regarded as indigenous on account of their descent from the populations which inhabited the country, or a geographical region to which the country belongs, at the time of conquest or colonization or the establishment of the present state boundaries and who, irrespective of their legal status, retain some or all of their own social, economic, cultural and political institutions".

According to these definitions the Veddhas are the tribal people of Sri Lanka and the disadvantaged section of the Kandyan Sinhalese are part of the indigenous people of Sri Lanka.

On the basis that the disadvantaged section of the Kandyan Sinhalese is an integral part of the indigenous Sinhala people, all the obligations set out in the Convention referred to above must apply. In this regard independent Sri Lanka is obligated and responsible "...to guarantee respect for their integrity" and for the provision of opportunities "to eliminate socio-economic gaps that may exist between indigenous and other members of the national community..." (Article 2 of the Convention).

In order to "eliminate socio-economic gaps..." the Sinhala Commission has recommended the setting up of a Kandyan Development Authority to handle matters that relate to the rehabilitation of the affected people. The funds needed for the effective functioning of such an Authority could be met by transferring the remaining 19% of the plantation shares that the government still owns as a result of the nationalization of the plantations. It is fitting that the government should initiate action to divest these shares for the express purpose of benefiting the very people who were dispossessed of the lands that today support the plantation economy.

In addition to providing the means for their socio-economic advancement, steps also need to be taken to restore "their integrity". Since independence, and throughout the British colonial period the integrity of the Sinhala people as a whole was not disturbed because the country functioned as a unitary state with only the administrative powers being decentralized to the nine provinces. However, the current legislative powers assigned to the Provincial Councils could in time isolate the indigenous Kandyan minority in the eastern province from the rest of the Sinhala people.

The fact that the, eastern province was part of the Kandyan kingdom at the time of conquest by the British is beyond dispute. The legislative powers assigned to the provinces places the indigenous Kandyan Sinhalese in the eastern province at a disadvantage when compared with the rest of the Sinhala people in the other seven provinces. To start with, the Sinhala, people in the other seven provinces form political majorities, while the indigenous Kandyan Sinhalese in the, eastern province are a political minority. This condition would be exacerbated if the eastern province is merged with the northern province.

To make political arrangements that compel a section of one community to be under circumstances different to the rest of that community is to ignore the unrest caused by similar arrangements in the rest of the world. Instead of depending on minority safeguards to protect the indigenous Kandyan Sinhalese of the, eastern province, their future well-being and the integrity to which they are entitled to would be better protected by redefining the present boundaries of the eastern province. This would ensure that the regions traditionally associated with them are integrated with the rest so that the integrity of the Sinhala people is retained. The Provincial Councils that were implemented without the consent of the people (thus violating Article 6 of the Convention), and the Devolution package that is being proposed, deprive them of the integrity that they are entitled to by Article 2 of the Convention.

The language of administration and record in the eastern province being Tarnil would also place the Kandyan Sinhalese at a disadvantage in comparison with their fellow counterparts in the adjacent seven provinces. Opportunities for their advancement would depend on the quality of the educational facilities in Sinhala. Any limitations in respect of these facilities would compel them to seek education in another medium of instruction, thus contributing to the destruction of their cultural base. Although, Article 27 clause 3 requires governments to "...recognize the right of these people to establish their own educational institutions and facilities...", the availability of such facilities would depend on the priorities of the provincial governments.

It would be safe to assume that the facilities available in the Eastern province for the Sinhala children would be of a lower calibre than in the rest of the seven provinces. With time, the cultural and economic divide between the Sinhala segment in the Eastern province and the rest would widen, making them strangers among their fellow Sinhala people and among the Tamil speaking people as well. The loss of integrity resulting from the physical fragmentation of a group whose collective consciousness for over two millennia was one, violates a vital tenet of the Convention that places a high value on the "integrity" of Indigenous people.

Lands of the indigenous Kandyans
The fact that the lands belonging to the Kandyan Sinhalese were expropriated in an arbitrary manner by the colonial powers is a well established fact. In an article to 'The Island' of 10th May, 1997, Mr. Durand Appuhamy cites several instances from colonial office papers that attest to this. These traditional lands of the Sinhala people were lost to them.

Article 16 clause 1 ofthe Convention referred to earlier states that "...the peoples concerned shall not be removed from the lands which they occupy", and if they are removed clause 3 states that "Whenever possible, these people shall have the right to return to their traditional lands...", and clause 4 states that "When such return is not possible....they shall be so compensated under appropriate guarantees".

In general, the lapse of one hundred and fifty years makes it difficult to establish the heirs to these traditional lands. Since return to these traditional lands is not a practical reality, the only realistic alternative is to compensate them collectively for the loss of their assets by creating the Kandyan Development Authority recommended by the Sinhala Commission. The Rights of Indigenous People as stated in the Convention require governments to take "Special measures .. as appropriate for safeguarding the persons, institutions, property, labour, culture, and environment of the people concerned" (Article 4, clause 1).

Even with "Special measures" to compensate for the loss of these traditional lands, if ownership of any part of this land is to be granted, the opportunity should be given first to the Kandyan people. To offer any part of this land to others, such as the labour working on the plantations would be unacceptable by any standard of justice . Furthermore, the granting of ownership to one generation of plantation workers, would create complications when ownership passes on to succeeding generations. There is no guarantee that successive generations would remain as plantation workers. Some may continue as plantation workers and others may opt for employment outside. The interests of these two groups being different, and possibly compounded by joint ownership, are bound to have adverse effects on the land, the housing, and eventually on the plantation sector itself. The ownership of these traditional lands should not be transferred to those who are not members of indigenous people.

Any housing provided to estate labour should be treated as government quarters that are provided during the term of their employment. The plantation sector should not be treated any differently to other sectors of government employment. Article 17 clause 3 states: "Persons who are not members of these peoples shall be prevented from taking advantage of their customs or lack of understanding of the laws on the part of their members to secure the ownership, possession or use of land belonging to them".

The Convention thus PREVENTS THOSE WHO ARE NOT MEMBERS OF INDIGENOUS PEOPLE FROM SECURING OWNERSHIP OR USE OF LAND BELONGING TO THEM. Any government that authorizes non-members to own or use any part of the lands that traditionally belonged to the indigenous people would be violating the Human Rights of the latter as guaranteed by the Convention.

Recommendations
The following recommendations are made towards restoring the Human Rights of the Indigenous Kandyan people as required by the International Labour Organization Convention (No. 169) Concerning Indigenous and Tribal Peoples in Independent Countries (1989).

1. Adopt "Special measures" such as the setting up of a Kandyan Development authority as recommended by the Sinhala Commission to address issues relating to the indigenous Sinhala people of Kandy.

2. The funds for such an organization could be met by transferring all or part of the remaining 19% of the plantation shares that are currently in the possession of the government.

3. Ensure that the boundaries of the Eastern province are redrawn in a manner that guarantees the integrity of the indigenous Kandyan Sinhalese in the Eastern province with the rest of the Sinhala People, as was the case for over two millennia.

4. Guarantee that no Sri Lankan government would take steps to transfer the ownership of any of the traditional Kandyan lands to any non-member of the indigenous Kandyan Sinhalese.

By failing to implement the requirements of the Convention relating to Indigenous people successive governments have violated the Human Rights of the Kandyan people. If the requirements in respect of Human Rights as stated in the Sri Lankan Constitution are in consonance with the requirements in the Convention referred to, the prospects for their implementation are greatly enhanced.