The United Nations Special Rapporteur on minority issues, Rita Izsák-Ndiaye, arrived in Sri Lanka on 10th October, to assess the current situation of national or ethnic, religious and linguistic minorities in the country. She also visited Human Development Organization and the Plantations in Kandy areas to assess the real living and working situation of the plantation people in Sri Lanka.

Human Development Organiztion: AMinority Rights Commission to be established…..H...

Human Development Organiztion: AMinority Rights Commission to be established…..
H...: A Minority Rights Commission to be established ….. Human Development Organization (HDO) demands…. The United Nations Special Ra...

A Minority Rights Commission to be established…..

Human Development Organization (HDO) demands….

The United Nations Special Rapporteur on minority issues, Rita Izsák-Ndiaye, arrived in Sri Lanka on 10^th October, to assess the current situation of national or ethnic, religious and linguistic minorities in the country. She also visited Human Development Organization and the Plantations in Kandy areas to assess the real living and working situation of the plantation people in Sri Lanka.  Commencing her visit, Ms. Izsák-Ndiaye had a constructive dialogue with Upcountry CSOs, academics, health professionals, lawyers and workers. The dialogue was organized and chaired by Mr. P.P. Sivapragasam, President of Human Development Organization in Kandy.

During her mission to Kandy, she visited Estates in Deltota areas of Kandy district and met  with minority communities, estate workers and women to hear directly from them about their issues and concerns.

Following issues were discussed.

Poverty: They are the most poverty stricken people in the country. Ironically, a Household Income & Expenditure Survey Statistics in 2012/13 (HHI&ES) stated that the poverty level among these people has shown 10.9%, (HCI) while compared to year 2006/07 which was 32 percent, the credulity of which was open to question and criticism.

Land & Housing: Land and Housing rights of the hill country plantation people is another controversial issue.  67.8% (HHI&E Survey 2012/2013) of them still live in line rooms which were built during the colonial era.  At the same time even these lines and the land space on which the lines stand are not given to their ownership. The government of good governance implementing housing projects for the plantation workers is laudable. However the process needs to be accelerated and expanded. The other problem affecting these people is their language right. The failure to appoint adequate Tamil officers in the government institutions in the areas of their predominance has made their condition pathetic.

Access to public services: there are over 200,000 people to be covered by the each Ambagamuwa and Nuwara Eliya Divisional Secretariats in the Nuwara Eliya District. This has become stumbling block to the Tamil people of these areas to accessing state services. Article 33 of the Pradeshiya Sabha Act of Sri Lanka prevents these people from being benefited from the local authority services. This emphasizes the need for an amendment to the Act.

Education & Health: The right of the plantation people to education and health services are relatively backward. Although the present government has made an allocation in the budget at national level, as far as the hill country areas are concerned, there are a few 1 AB schools to teach science and equipped with residential facilities. For example 60% of the population in the Nuwara Eliya District are Tamil. But while there are only 7 1AB School for them, there are 19 Sinhala medium schools (2013).  This disparity is notable. The plantation medical health service should be upgraded to conform to National and International standards. Notably the children’s and women’s reproductive health aspect is backward.  At present a vast majority of the plantation medical institutions are manned by Estate Medical Assistants, who sometimes perform as doctors. This has become a challenge to the national stream.

Right to Livelihood: The right of the hill country plantation people to livelihood is a fundamental right. Their daily wage is determined on the basis of collective agreement. That too has not been renewed for the last 2 years resulting in the freeze of their wage. Negotiation between the trade unions and the employer’s federation has failed. It’s very much in question whether the parties follow the corporate Social Responsibility or the Code of UN Global Compact. Plantation workers are the lowest paid as far as this country is concerned-receiving the lowest daily wage compared to their counterparts in the other sectors and even the non-formal sector workers. This has pushed them into eternal poverty.

There are various obstacles and discrimination on these people’s way to access to development services.  It’s tied to social, economic and political rights. But as many plantations are company managed or state agency (JEDB/SLPC) managed, there are short comings and setbacks. to the national development project’s and development benefits-reaching or the plantation people reaching such benefits.

Constitutional Reform : In-order to ensure credibility in the political culture of Sri Lanka and to maintain a check and balance in the democratic good governance, we suggest that the senate system be re-introduced with an equal minority and professional representation. Any bill introduced to parliament be transmitted to the senate for its approval.

Political Representation: Pressure and demand for the change of the present proportional representation system has gathered momentum, since it is corruption ridden and a source of violence. At the same time, the proportional representation system appears to be favorable to demographic minorities and particularly the up country Tamils and Muslims. Therefore civil organization opin that the parliamentary and political system under the new constitution be an electoral representation system and the proportional representation system combine. We believe this will enable not only the up country Tamil people who live scattered but even the Sinhala and Muslim people who live scattered in the Northern Province and rest of the country to have their political rights ensured

Commission on Minority Rights: A Commission to be established on minority rights. (Like in India..) Structural change of the plantation sector is the much talked about subject of late. Should the workers be identified as free labour, it could be achieved only if their fundamental rights are guaranteed constitutionally.

Sri Lanka : National Human Rights Action Plan

Role of Public in drafting to safeguard and enhance human rights …

The government of good governance has paid attention to various subjects such as reconciliation constitutional reform and sustainable development.  In this respects Sri Lanka is drafting its National Action Plan to fulfill its duty and responsibility towards safe guarding and enhancing the human rights in Sri Lanka during next 5 year tenure ­2017-2021.

In pursuance of this objective namely to draftee the national plan a Ministry level team was appointed on 10^th may 2016 through the Cabinet Order paper number 116/0836/710/016 included in the team are the Ministry of Foreign Affairs and the Ministry of justice apart from some other ministries.

A guiding and drafting group comprising representative of Ministers and the government, CSOs representatives to oversee the working of the National Action Plan. It is important for the people too to extend their share though this action plan in order to ensure the production and enhancement of the human rights, started Mr. P.P. Sivapragasam, President of Human Development Organization (HDO) who has been nominated to serve a number of the Steering Committee.  He farther stated that the team calls upon the public to submit their observations and views on the subjects that have to be considered in relation to the human rights enhancement. He also started that it’s important for the people to draw their attention to the following matters which have to be included in the National Action Plan.  He emphasized the need for the contribution from the minority communities in Sri Lanka.                                              

The National Action Plan will cover the following subjects.

A.    Civil and political rights.

B.    Economic, Social and cultural rights.

C.    Prevention of torture

D.    Women rights.

E.      Labor rights.

F.      Migrant workers’ rights.

G.    Children rights.

H.    Internally displaced people rights.

I.       Differently abled people rights.

J.      Environmental rights.

The National action plan on human rights enhancement will be based on the flowing leading principles.

·         Importance of the system.

·         Responsibility in drafting the NAB to conform to the international human right standard.

·         Implementation of international duties and responsibilities.

·         Integration and indivisibility of human rights.

·         Ensuring the activities conform to human rights in clear terms.

·         People participation.

·         Monitoring and evaluation.

·         Continuity of the process.

·         National responsibility.

·         International dynamics.

Mr. P.P. Sivapragasam, of HDO who has been nominated member of the team stated that individual members and civil organization willing to submit their reports, may do so pointing out the objective, activity and the target period and indicate, clearly and addressing same to the address as for law. The Human Development Organization is in the process of organizing citizen participation in the process of developing Action Plan.

(Article published in National News Paper “Virakesari 25/9/2016 and Social Medias)

Hill Country Plantation People in Sri Lanka… 

Historical Victims…?

Note on Discussion with UN Team of Secretary General, visited to Sri Lanka

(Aug 31-Sep 02, 2016)

Sri Lanka has come to occupy an important place in the international politics of late. International attention and intervention have focused on the reconciliation process, constitutional reform, restoration of human rights, rule of law and integrated development which have followed the political change of 2015. In this background, the United Nations’ (UN) monitoring and intervention become important. And so is the recent visit of a UN Team headed by UN Secretary General Ban Ki Moon.  In this context it becomes of paramount importance to study whether the people of all communities in a plural society such as Sri Lanka, participate in such exercises, whether their rights and aspirations are reflected, and whether their decisions given prominence. As far as the Hill Country Plantation people, with specific reference to the plantation Tamil community, are concerned, they have been historically marginalized from such exercises, though, of course, the sessions of the UN in the recent past have given a serious consideration to the problems of this community.

An opportunity had been afforded to the Human Development Organization to present views on behalf of the civil societies and NGOs for the attention of the UN Team of Secretary General. Mr. P.P. Sivapragasam, President of HDO put forward the following matters.

The Hill Country Planation Tamil people are an important minority community in the social, economic and political structure of Sri Lanka. Although they are subjected to various form of discrimination and disparities, human rights violation etc historically, and also, although they are 1.5 million of the total population of Sri Lanka. This itself makes it an important duty for the international organizations such as UNO to give a serious thought to the question whether the rights and aspirations of these people are taken seriously.

The government of good governance which has prioritized the constitutional reform, reconciliation mechanism, economic structural reform, rule of law, development process etc. has to ensure that the minority community, and particularly the hill country people are absorbed in to the proposed mechanism. They have to be given their due status as citizens of this country rather than being looked at merely as workers.

The political, economic, social, cultural rights etc. of the hill country plantation people have to be guaranteed in the constitutional reform.  At the sometime they should be rid of ethnic religious, nationality and gender disparities and their fundamental human rights be ensured.

Poverty: They are the most poverty stricken people in the country. Ironically, a Household Income & Expenditure Survey Statistics in 2012/13 (HHI&ES) stated that the poverty level among these people has shown 10.9%, (HCI) while compared to year 2006/07 which was 32 percent, the credulity of which was open to question and criticism.

Land & Housing: Land and Housing rights of the hill country plantation people is another controversial issue.  67.8% (HHI&E Survey 2012/2013) of them still live in line rooms which were built during the colonial era.  At the same time even these lines and the land space on which the lines stand are not given to their ownership. The government of good governance implementing housing projects for the plantation workers is laudable. However the process needs to be accelerated and expanded. The other problem affecting these people is their language right. The failure to appoint adequate Tamil officers in the government institutions in the areas of their predominance has made their condition pathetic.

Access to public services: there are over 200,000 people to be covered by the each Ambagamuwa and Nuwara Eliya Divisional Secretariats in the Nuwara Eliya District. This has become stumbling block to the Tamil people of these areas to accessing state services. Article 33 of the Pradeshiya Sabha Act of Sri Lanka prevents these people from being benefited from the local authority services. This emphasizes the need for an amendment to the Act.

Education & Health: The right of the plantation people to education and health services are relatively backward. Although the present government has made an allocation in the budget at national level, as far as the hill country areas are concerned, there are a few 1 AB schools to teach science and equipped with residential facilities. For example 60% of the population in the Nuwara Eliya District are Tamil. But while there are only 7 1AB School for them, there are 19 Sinhala medium schools (2013).  This disparity is notable. The plantation medical health service should be upgraded to conform to National and International standards. Notably the children’s and women’s reproductive health aspect is backward.  At present a vast majority of the plantation medical institutions are manned by Estate Medical Assistants, who sometimes perform as doctors. This has become a challenge to the national stream.

Right to Livelihood: The right of the hill country plantation people to livelihood is a fundamental right. Their daily wage is determined on the basis of collective agreement. That too has not been renewed for the last 2 years resulting in the freeze of their wage. Negotiation between the trade unions and the employer’s federation has failed. It’s very much in question whether the parties follow the corporate Social Responsibility or the Code of UN Global Compact. Plantation workers are the lowest paid as far as this country is concerned-receiving the lowest daily wage compared to their counterparts in the other sectors and even the non-formal sector workers. This has pushed them into eternal poverty.

There are various obstacles and discrimination on these people’s way to access to development services.  It’s tied to social, economic and political rights. But as many plantations are company managed or state agency (JEDB/SLPC) managed, there are short comings and setbacks. to the national development project’s and development benefits-reaching or the plantation people reaching such benefits.

Structural change of the plantation sector is the much talked about subject of late. Should the workers be identified as free labour, it could be achieved only if their fundamental rights are guaranteed constitutionally.

(This Article was Published in Sri Lankan National News Papers..Thinakaran 6/9/2016, Thinakural 13/9/2016 and Social Medias)

Natural disaster: Right to life of the Plantation People

Situation of Meeriyabadda, Aranayaka and Bulathkohupitiya repeats at Deltota area of Kandy Districts.

By: P.P. Sivappragasam

While the earth slip disaster of Meeriyabadda, Koslanda remains undenied and indelible in the history of Sri Lanka, earth slips in Aranayaka and Bulathkohupitiya last week have claimed many lives and property. Earth slips and cracks appearing on the land have displaced over 250 families (around 1200 People) on Galaha - Dunally, Ambalammana, Kithulmulla, Deltotam, Deltota - Pattiyagama and Loolecandura Estates of the Deltota Divisional Secretariat in the Kandy District,

Aranayaka and Bulathkohupitiya in the Kegalle District, Sogama and New peacock Estates in the Pussellawa are and Lindulla, Uvakella, and May Field estates, Kotagala in the Nuwara Eliya District. The people thus displaced have been in temporary sheltered abodes, have lost their normal life and livelihood rights; Mr. P.P.Sivapragasam, Director of Human Development Organization which has engaged in relief activities, has in a  statement on behalf of the HDO. Fact Findings team states that the future of the displaced has become questionable.

The weather condition due to the prevailing heavy rains has affected over 500,000 people with thousand s of houses destroyed. The list of disappeared records that over 150 have got buried in the earth and 73 of the dead bodies unearthed have been identified. The calamity affecting the hill country plantations in the recent past has increased. The hill country plantation sector people have been the worst affected mainly due to the fact that their places of living have been located in hilly areas which are prone to earth slips and floods.

While the plantations in the Kandy, Nuwara Eliya, Badulla and Kegalle Districts have been badly affected by the natural disasters, it is only on Kalupahana estate in the Bulathkohupitiya that 16 people are reported to have been dead in the earth slip and at the same time hundreds of people of this estate have displaced due to the Danger of earth slips. The lines in question of Kalupahana estate appear to be uninhabitable making it necessary and urgent to provide them safe land and housing facilities.

In the Kandy district, earth slips and other disasters have taken place in various areas. Displaced people of Dunally, Upper Galaha, Galaha Group, Kithulmulla, Deltota Estate, Pattiyagama Estate and Loolecondra Estate coming under the Deltota Divisional Secretariat, have been moved in to 5 temporary camps. Over 10 lines of these estates have been exposed to earth slip or cracks, holes or cavities appear on the floor. Floor areas of some lines are wet with water oozing from the cracks. Kithulmulla Estate has been cut away from the rest by a earth slide of about 100 feet appearing on the road. It is confirmed that it the cracks and cavities appearing on the floor of the lines persists, it will lead to heavy loss of lives and properties.

About 200 families removed from the lines have been moved to other areas thanks to the Grama Niladharies who took immediate steps.

At the same time various social problems are likely to arise due to the fact that girls, boys, women, men and others have been thrust in to school premises and transit camps without privacy. Food and medical facilities have been made available to refugees with assistance from the public, the Divisional Secretariat and HDO 

Anyway, the question nagging the people is what next now that a stage has come for them to leave the premises where they have been sheltered temporarily. A question where to go and of their future beg answer. All lines affected cannot be safe anymore for them to live. They need a safe and livable house and they need land to build such houses.

The affected estates in the Kandy Districts are JEDB owned, and therefore, it is incumbent upon the government to ensure the people’s land rights. The DS states that possibility could be explored in discussion with JEDB to obtain land for Housing for the affected people, while the estate management says it is the JEDB and the government should take a decision concerning the land allocation. In the circumstance, the following questions arise;

• Who is the rightful authority to grant land Rights and land ownership to the affected People?
• Is there a policy planning to provide land to the disaster-affected people, with specific reference to those of the plantation sector, in Sri Lanka?
• Can houses be built no sooner than the land is provided?
• What is the source of investment to build houses?
• Where will they live until then?
• Where and how can they found Temporary Shelter or relief tents?
• What is the guaranty of their livelihood? And education and health of their children?

These are questions, rather confronting the people concerned. But no appropriate and clear answers are elusive.

The people opin “for generations estate management, trade unions and politicians failed to guide us property. Those who speak about us.at election times, should find a lasting solutions to our problem with a correct understanding of same. We could find our food and clothing. A plot of land for housing is all what we need for us to live fearlessly and peacefully”. They trust that the Government of good governance in power will safeguard the plantation people of hill country who make the economy and politics of the country stable.  

  

Current Situation

As far as the Kandy District ( HDO concerned Areas ) is concerned, most of the affected  plantation people have been  sent out of the temporary  shelters/ welfare centers - established in the schools. Presently, they have been accommodated in weighing sheds and temples on a temporary basis.  Some of the temporary abodes are in a bad and unsafe condition.

The relief activities (providing food, water and basic health facilities) are being carried out through Private Institutions and Divisional Secretariats.  Well over a week after the relocation now, the relief activities should be replaced with rehabilitation activities. The affected people too wish it was so. Needed now are;

1. Relief tents.
2. Bed spreads (Matrasses,  beds)
3. Bed Sheets/  Warm cloths.
4. Temporary  Shelters
5. Rain Coats
6. Lightening (lamps, torch lights, electricity)
7. For children  rehabilitation

a.      Education – Classes

b.      Play things ( Toys etc..)

c.      Stationery – bags

1. Counseling  for children/ women
2. Developing plan on a long team basis

a.      Safe land

b.      Housing Project

c.      Water facility

d.      Electricity

e.      Home wares - Furniture

f.       Cooking utensils and other goods

g.      Road Construction

Assistance and co-operation

As far as the affected plantations in the Kandy District are concerned, assistance is being rendered by the Deltota Divisional secretariat, private individuals and organizations like HDO. It should be noted that there is no International organization interventions, though there is much of it in the Aranayaka and Bulathkopitiya areas.

Human Development Organization, although not identified as a relief institution, under the existing situation, is compelled to look not only in to the rights aspect of the displaced, but their welfare as well. For the last one week, HDO in addition to its usual activities, carries out relief works in the Aranayake and Bulathkohupitiya Areas.

As per discussions with Government Officers, HDO provided goods which were not available from other institutions. The goods included:

1. Feeding Bottles 250
2. Baby Milk 250
3. Women’s Sanitary Pads 250

At the same time, as no institution had come forward to render any assistance to affected plantations in the Kandy area, HDO distributed the following items;

1.      Food Stuff (Rice, Sugar, Dhall, Milk Powder, Biscuits, Soya Meet, Salt)

2.      Tooth paste and Brushes

3.      Soap

4.      Women’s Sanitary Pads

5.      Children’s toys/Play things

From our experience of the last one week, we observe that the attention given to the situation of the Kandy District Plantation people is lowest compared to that afforded to Aranayake and Bulathkohupitiya areas.  Hence a decision had to be taken to give more attention to the Kandy District plantations, more because the affected plantations fall within the HDO target area.

Ten of the HDO trained volunteers are at work in the above welfare centers giving special attention to the welfare needs of children and women and monitoring and assisting in the rights and welfare matters. At the same time, maintaining contacts with the Divisional Secretariat and Medical Officers of Health, they visit the welfare centers meet and console the affected and discuss with them rehabilitation and long term development programmes.  They also lobby the media about the needs and problems of the people.

The affected people are unable to return to their houses since most of those affected have become quite unfit to live in. Hence a situation seems to have arisen for them to remain in the temporary quarters until such time as they will be given land and permanent housing facilities. It is hard however, to say for how long this situation will continue. From the past history and experiences it is hard to state that any development activity had been implemented at a short time span.

Be consider that as far as the plantations are concerned, the existing land issue, management problem and line life will further aggravate the issue.  The dawn for them is a distant dream. 

Tragedy: Landslide and Flooding in Central Regions of Sri Lanka

Around 200 missing in the Aranayake and Bulathkohupitiya , 22 dead bodies found, more than 100 injured, more than 10,000 people are victims of climate disaster.

Whilst many, caught in to an earth slip which took place on the 17th of May, 2016 about 10.30 pm one in the Elangepitiya of Aranayake D.S. Division of Kegalle District, Sabragamuwa Province, Sri Lanka over 220 children, women and men are missing. It is feared that most of them are dead. 17 dead bodies were taken out and 80 were injured. Rescue operations are carried out by army men engaged towards finding if anybody is surviving. The entire Aranayake has submerged in to mounds of earth due to the earth slip.

It is reported that this disaster occurred on 17^th night. A huge portion of the Centre of the hill which slided following a crack on the top has consumed all 3 village. The slided earth covers an area of over a KM. And the houses of the villages have got completely buried in to it. While many escaped       running to safe areas, it is reported that over 220 are missing, sunk in to the earth. About 80 injured and not injured were saved by the rescue party.  However the rescue and saving operation have been hindered by darkness and continuing rains with the risk of further earth slip.

In the meantime Bulathkohupitiya, Kalupahana Estate (Tea Estate) of Kegalle District, 5 people dead and 16 people including 5 men 10 women and an  infant had gone missing and at-least 100 people were displaced due to a land slide which took place on 17^th May 2016 at Kalupana Estate in Bulathkohupitiya. Six Line Houses have been razed to the ground. While 28 others were damaged. The families in the area were evacuated and provided temporary shelter at the Government School.

Several buildings including 3 sets of line rooms, more than 200 houses, temple, shops are reported to have sunk in to the earth. Around 100 acres of land in the area have been affected due to the earth slip with no trace of any building of living being.

With 22 dead bodies already taken out, the operation continues. Aranayake and Bulathkohupitiya areas are in a mourning mood due to the lives lost to the earth slip. According to the eye witnesses, the houses disappeared in a matter of seconds and some houses are 50 feet under earth. The disaster has put the parents losing children, children losing parents and husband or wife losing the spouse in grief.

Affected around 300 families have been evacuated from areas prone to landslides had been housed at 6 Welfare Centers located at Government Schools in Aranayake. At present around 1300 children, women and men are camped in above Welfare Centers. According to field sources, around 10,000 people are affected and evacuated in Kegalle and Kandy districts.

According to the Disaster Management Centre (DMC), 352,374 people belonging to 82,924 families were affected by the adverse weather conditions island wide. Many number of people including children and women injured. Meanwhile the DMC said 223,689 people of 48,998 families were relocated in 376 safe places.

Relief activities have been started. Many well-wishers, and government authorities involve in    relief actions. Victims are complaining that they were not received proper guidance and alternative temporary shelters from the government authorities in some areas.

HDO Team today (19 May 2016) met Deputy Government Agent of Kegalle District, Divisional Secretary of Aranayake and the NGO Coordinator Kegalle District, Divisional Secretariat officers of Bulathkohupitiya, & Divisional Secretary Deltota, Kandy District and discussed with them on the government intervention on rescue activities and relief work. They also discussed about NGO-GO collaboration in relief work. HDO Team visited affected areas and Camps, discussed issues with the affected people. HDO is in the process of developing a relief and rehabilitation intervention program