“No Land No Life” Campaign

The people of hill country plantations. Face a variety of fundamental problems. In the meantime, as for as the Kandy District too is concerned too, there are many important problems, both, some of them namely: land, land Issues, housing and residential areas, employment, and livelihood, statutory dues (EPF, ETF and gratuity) deserve to be considered of priority. It is noteworthy that many of the plantations in the Kandy District are managed by JEDB and SLSPC.

Avast majority of privately owned plantations were nationalized in two stages in 1972 under Land Reform Law (1). The first stage absorbed the Rupee Company Plantations and the second stage, the sterling company plantations. Some plantations were identified as non-viable by the government. The government vested the sterling company plantations in the JEDB and SLSPC for management. Although these agencies which managed such plantation until 1990s had taken the responsibility of the worker housing and social welfare, they limited their activities to repair, renovations and whitewashing of lines with the funds allocated.

Contrary to the workers’ expectations that nationalization world benefit them, they were forced out of lines. The government, by Gazette No 186/60 (3) of 1975 gad empowered the Land Reform commissioner to eject worker from such estates, using Emergency regulations, in order to maintain law and order and general peace. These provisions were used to drive out worker en masse under the cover of distributing land to landless.

The united National Party which formed the government in 1977, announced some more plantations as non-viable and handed over such plantations to NATIONAL AGRICULTURAL DIVERSIFICATION AND SETTLEMENT AUTHORITY (NADSA) which it’s formed, under a crop Diversifications and Land Distribution scheme. 20,000 acres came to be alienated thus. Land on any plantations were made in to blocks and handed over to adjacent villagers and important political supporters. This orphaned worker and their communities some districts including Kandy and others made landless and homeless. Which this situation continues to date, according to statics, of 12439 hectares of plantation land approximately 40 to 50% are un-used. Many of these estates, in the last few years, have been given out to outsides and foreigners.

Neither the workers nor the unions representing them have been told or made aware of it. The management on enquires by workers, have told that decisions were taken by higher ups in Colombo and matters were beyond their control. Outsides, taking over the land, do so under police protection. it shows that under the political situation then, that the government on the one land had made if a practice to terrorize the workers, and on the other, shirked accountability and transparency in its dealings. However, the hill country plantation community has lost livelihood and been rendered destitute.

In the meantime individuals with political patronage have grabbed plantation land. But the denial of land and housing rights to plantation workers who sacrificed themselves not only to the plantation sector, but on the whole, for the country’s development remains a major problem.

Recently in the avalanche of Meeriyabedde in the koslanda area of Badulle District a whole village went underground. In the meantime due to Earth Slip disaster, upper Gonava Division Loolcondera in the Hanguranketta Divisional secretariat area and some plantation in the Hewaheta area continue to suffer. With this as the background HDO and WSU started a campaign title “No Land No Life” Campaign.

The affected people made representations the HDO and WSU. WSU which went in to the matter, made a formal complaint to the Human Rights Commission, Kandy.

On the basis of this complaint the preliminary inquiry was held at the Human Rights Commission Colombo on 13.1.2015. WSU National Organizer Mr. R. Nadarasa and Industrial relations Officer Mr. S. Jeyapal represented the workers. While an Officer of the Haguranketha AGA office represented. In a situation arising from the non-participation of the management the Human Rights Commissioner notified the management to be present to inquiry on 19/01/2015.

The second inquiry was held on 05.02.2015 al Human Rights Commission Office Colombo. At this inquiry, Nuwara Eliya MPRO Building Research Officer was represented, AGA Nuwara Eliya was present. Assistant Superintendent, Grama Niladhari, WSU Officers and the affected workers were present.

The Human Rights Commissioner obscured that since it was the duly and the responsibility of the officers concerned to grant relives to the affected people, they should distribute suitable land to the affected people. It is noteworthy the Human Rights Commissioner that informed the matter to the ministry of housing. It is also noteworthy that the building research Center has informed that it will identify the suitable land and report it to the officers concerned.

The Campaign demand

Legalization of the plantation workers land and housing rights and distribute the 70000 hectares are unused estate land to the workers at 20 perches per family for housing and 20 acres for agriculture and livelihood purposes. 

Parliamentary Representation and Challenges of Up-Country Tamil People in Kandy District, Sri Lanka

Kandy District of Sri Lanka has had no parliamentary representation for the Upcountry Plantation Tamils for the last many years this has called into question the nearly 154,321 Tamil people residing in the district. The background for this setback needs to be gone in to a dialogue under the theme “Parliamentary Representation and Challenges of Kandy District up Country Tamil People” was held on 8 February 2015 (Sunday) at Hindu Cultural Center Hall, Kandy. In this dialogue facilitated by HDO Director Mr. P.P. Sivapragasam, over 350 actives participated. The participants included Politicians, Kandy based political activist, trade unionists, teachers, businessmen. universities students, plantation leaders, professionals, journalists and religious dignitaries.

Central Provincial Council Member, Mr. T. Mathiyugarajah and Mr. Velu Kumar, Mr. S. Rajaratnam (former Member), Democratic People’s Front Leader Mr. Mano Ganesan, Up-Country People’s Front Ref. Mr. S.Vijeysandiran and Dr. A.S. Chandrabose,  Librarian of the University of Peradeniya Mr.R. Maheswaran, Attorney at – Law Mr. Parmsothy,  and Central Provincial Hindu Forum Secretary Mr. P. Rajanathan Shared their vies. 

Presentation of Mr. P.P. Sivapragasam

Speculations are rife that a parliamentary general election will be held after April, 2015.  This election is foretold to be of historical importance, as per ongoing debates, whether it will be held under the present system or the former electorate electoral system or under the system mixed with both systems. In the meantime an importance for political parties, Social Organizations and Trade Unions to come together  in order to know how hill country Tamil people representation can be secured and sustain has arisen.

Speculations are rife that a parliamentary general election will be held after April, 2015.  This election is foretold to be of historical importance, as per ongoing debates, whether it will be held under the present system or the former electorate electoral system or under the system mixed with both systems. In the meantime an importance for political parties, Social Organizations and Trade Unions to come together  in order to know how hill country Tamil people representation can be secured and sustain has arisen. Figuring prominent in this respect is on how representatives can be elected from the Kandy District. There are approximately 100,000 Tamil voters in the District, but there had been no representatives elected for the past many years.

In short, the district has been political orphaned, calling in to question the rights, aspirations and expectations of nearly 154,321 (2012) Upcountry Tamil people living in the district. A need has arisen to examine the background in which representatives should not be elected to represent them in the parliament. Only when a community knows its strength and weakness can that community rid itself of the weaknesses and sustain itself.

No Tamil representatives had been elected in the 2001, 2004 and 2010 general election. While this state of affairs continues to date, meanwhile the Muslim community was able to elect 2 representatives in 1997. They have now 4 representatives, due chiefly their right inclined far thought.

Parliamentary Representational Status of Kandy District:

No	Ethnic Group	Population		No. of Members
		2001	2012
1	Sinhala	947,900	1,023,488	8
2	Muslim	168,049	191,570	4
3	Tamil	155,674	154,321	0
Total		1271,623	1,369,379	12

The loss of Tamil representation can be attributed to various fundamental flaws which need to be probed. As per Kandy District voters, candidates in the past elections and political parties, the state, administrative aspects of the flaws are:

Administrative Reasons:

1. Plantation Voters having not been duly registered in the voters list;

2. Weaknesses in the local administrative machinery including lack of opportunities for voters to access to the Grama Niladhari, Divisional Secretariat etc;

3. Language barrier;

4. Voters not having National Identity Card and their lack of interest or failure to obtain temporary identity card;

5. Polling booths being located far outside the plantation areas where the voters have to go past villages. Limited accessibility to transport facilities for old aged, disabled and pregnant women.

Political Reasons :

1. Tamil candidates contesting from various political parties and minor parties being fielded at the whims and fancies of the party leadership.

2. Votes of plantation voters are diverted to non Up county Tamil candidates;

3. Failure on the part of the candidates or the parties fielding candidates with an agenda of identified needs and problems of Kandy District Tamil voters.

4. Absence of candidates or upcountry political parties with the leadership capacity to fulfill the aspiration of the people of the area;

5. Political parties fielding candidates of their choice, ignoring the preference of the voters;

6. Plantation voters being compelled to vote for candidates preferred by Trade unions of Political Parties without allowing them (Voters) to freely exercise their franchise;

7. Non Upcountry Tamil voters (Sinhala and Muslim) not casting their votes to Up-County Tamil candidates, though a fare number of  Upcountry Tamil votes go to non Upcountry Tamil candidates;

8. Weaknesses and shortcomings of selected candidates and general discontent among voters.

The Social Reasons:

1. Wide spread treat, intimidation, assault and poll card snatching targeting Tamil voters in the previous elections in the Nawalapitiya, Patha Dumbara, Gampola and Theldeniya Electorates.

2. Slackness of voters in elections. This is general. Even the Tamil voters in the cities, an especially women are disinterest in voting;

3. Absence of organized activities or unity among plantation Tamil voters;

4. Rejection of votes polled. This is due to the voter’s ignorance, lack of training on how to mark. Political Parties which are interested in collecting votes, are not as much interested to create awareness among plantation voters on this aspects;

5. Refusal of leave to voters at work places: In the plantation sector the voters are released from workplaces only in the afternoon. it is too late, and also, generally violence erupts in the afternoon. The voters in order to avoid risks are reluctant to go to the polling booths. Those employed in the non-formal sector in urban areas are not granted leave. This end up in many youth not getting the opportunity of casting their votes;

6. Many plantation voters do not vote for policy than favors and privileges. Trade Unions cheat  plantation voters with goods, and also non Tamil candidates deliver goods of pay cash – taking advantage of the prevalent poverty- to get their votes;

7. Enslaving the plantation voters (especially male) for liquor.

8. Indirect influence of cast system on both, candidates and voters.

Among all these factors, the research (where selected eligible voters from various parts of the Kandy district participated and shared view) found a few be of paramount importance. Political and social factors figured prominent. The delay on the part of voters to register themselves in the voters list was cited as the reason for 6% of the voters loosing the right to vote. Some short coming in the local administrative machinery, such as Grama Sevaka – coupled with lack of Sinhala knowledge is one of the reason.

Since the Tamil voters live scattered over many geographical areas, there is a trend of them casting their votes to Sinhala or Muslim candidates. This amounts to about 20% and causes the loss of Tamil representation. Since those polling the highest number of preferential votes are declared won, it could be said that it leads to a competition to rob the Tamil vote. Although this is not a problem of candidates, it nevertheless is a serious problem for the voters as well as the community. This problem is not limited to Kandy district alone, but general in Matale, Ratnapura, Kegalle and Badulla. Hill country political parties fielding candidates separately and Tamil candidates contesting from separate political party because the Tamil vote to scatter. This too adversely affects the prospect of securing Tamil representatives.

There appeared to be a general discontent and criticism about the candidates’ past performances. 7% of the voters had no confidence on or respect for the candidates put forward by political parties with Trade Union base. They charged that such nominations were being motivated by self-interest of the party leadership. More over their appeared to be discontent among the voters over the very political parties fielding candidates regardless of peoples wish and utilizing catechism as an indirect factor in promoting candidature.

As far as the social factors are concerned, bout 11% of the voters sighted the incident of treat, assault, intimidation on and snatching of poll card from the Tamil voters during the past elections in the Navalapitiya, Patha Dumbara and Teldeniya areas of Kandy District for example. These are the areas where there are more plantation Tamil voters in the Kandy District, and it is noteworthy that election related violence were reported more from this areas. The plantation voters had been forced to vote for ruling party candidates or to keep away from the polling booths, for this purpose the supporters and the candidates sometimes took advantage of their alliance to the ruling party.

Since in most of the cases, the polling booths are located in villages and far outside of the plantation, the women, through fear are reluctant to go to polling booth. Old age, disable and pregnant women mostly keep away from voting due to inadequate transport facilities. Voter disinterest is common between the plantation and urban sector. The attitude of voters in both sectors, namely: why we should vote and what benefit it accrues to us, leads to the entire community loosing it right. There is a general grievance that the Tamil women in cities over whelmingly keep from voting. It is pointed out that those who talk of politics of Indias – Tamil Nadu, do not take interest in the politics or their immediacy.

This has made a serious impact on the question of Tamil representation in the Kandy District, and therefore it warrants a serious attention.  Another sad state of affairs is the culture of distributing goods, food and liquor to plantation voters at election times. Although this goes on in the Kandy District at much law a scale than in the Nuwara Eliya District, it is a well known fact that some trade unions have been in the habit of distributing liquor , food, cloths etc. for generations. This is followed such by non Tamil Candidates as well, to catch votes, supported some times by Tamil candidates.

Anyhow, as far as the forth coming Parliamentary Election is concerned the Kandy District Upcountry people and those in the other district as well, will have to face challenges since they are determined to regain the Tamil representation which was lost some years back. This can be realized through a concerted effort and in that context; attention must be given to the following which are a per requisite:

1. Upcountry political parties, instead of fielding party wise candidates, jointly field one or two candidates.

2. In the context of the current political environment, the candidate or candidates should be fielded through a party that can win.

3. Candidate should be acceptable to the voters and amenable to the proposed code of conduct of the present government for politicians

4. People’s views be sought on the candidate

5. Any activity carried out in this respect, should include the plantation people, business persons, religious organization, civil society, youth groups, political parties, trade unions, business community, sports clubs, intellectuals, teachers, media and professionals.

6. Drawing and implementing a brought base voter rights awareness rising programmers

7. Uniting the voters on the basis of social well being of the Upcountry community

8. Creating a safety network for the Upcountry-plantation voters at election times and ensuring that they exercise their franchise freely and fearlessly.

9. Obtaining leave on election days for workers and those employed in the urban non formal sectors enabling them to cast their vote.

If the above recommendations are given due and favorable consideration, we believe the hurdle in attaining Tamil representation for the Kandy District Upcountry Tamils can be easily got over. been in the habit of distributing liquor , food, cloths etc. for generations. This is followed such by non Tamil Candidates as well, to catch votes, supported some times by Tamil candidates.

Anyhow, as far as the forth coming Parliamentary Election is concerned the Kandy District Upcountry people and those in the other district as well, will have to face challenges since they are determined to regain the Tamil representation which was lost some years back. This can be realized through a concerted effort and in that context; attention must be given to the following which are a pre requisite:

1. Upcountry political parties, instead of fielding party wise candidates, jointly field one or two candidates.

2. In the context of the current political environment, the candidate or candidates should be fielded through a party that can win.

3. Candidate should be acceptable to the voters and amenable to the proposed code of conduct of the present government for politicians

4. People’s views be sought on the candidate

5. Any activity carried out in this respect, should include the plantation people, business persons, religious organization, civil society, youth groups, political parties, trade unions, business community, sports clubs, intellectuals, teachers, media and professionals.

6. Drawing and implementing a brought base voter rights awareness rising programmes

7. Uniting the voters on the basis of social well being of the Upcountry community

8. Creating a safety network for the Upcountry-plantation voters at election times and ensuring that they exercise their franchise freely and fearlessly.

9. Obtaining leave on election days for workers and those employed in the urban non formal sectors enabling them to cast their vote.

If the above recommendations are given due and favorable consideration, we believe the hurdle in attaining Tamil representation for the Kandy District Upcountry Tamils can be easily got over.

Panelists