<div dir="ltr"><h1 class="">Importance Of Preserving Language Rights In Sri Lanka</h1>
<p><strong><em>by</em></strong><em> Lionel Guruge</em></p>
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<div id="attachment_153141" class="" style="width:505px"><a href="http://www.thesundayleader.lk/wp-content/uploads/2016/03/10.12.gif"><img class="" title="10.1" src="http://www.thesundayleader.lk/wp-content/uploads/2016/03/10.12.gif" alt="" height="272" width="495"></a><p class="">Tamil version of the National Anthem of Sri Lanka was sung at the country’s 68th Independence day celebrations</p></div>
<p>Sri Lanka’s Constitution has undoubtedly undergone many revisions
because of its Amendments. Of all these Amendments, perhaps one that
carries a most significant weight is the 13<sup>th</sup> Amendment,
which not only established a new form of sub-national governance, but
also introduced a crucial legislation that respected minority rights and
validated their identity. The Amendment reads as follows:</p>
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<p><strong>“(2) Tamil shall also be an official language.</strong></p>
<p><strong>(3) English shall be the link language.</strong></p>
<p><strong>(4) Parliament shall by law provide for the implementation of the provisions of this</strong> <strong>Chapter.” </strong></p>
<p>This Amendment, introduced in 1987, was widely recognized as the
pivotal point for language equality in Sri Lanka and soon paved the way
for the establishment of the Official Languages Commission (OLC) in
1991, tasked with the mandate of protecting and promoting the needs of a
bilingual Sri Lankan population. Building on this Amendment, the former
regime also established a Ministry for Official Languages and
Reconciliation, which was consolidated and re-named as the Ministry of
National Co-existence Dialogue and Official Languages by the current
regime.</p>
<p>Article 23(1) of the Constitution mentions the language of administration with regards to legislation:</p>
<p><strong>“[23. (1) All laws and subordinate legislation shall be
enacted or made and published in Sinhala and Tamil, together with a
translation thereof in English”</strong></p>
<p>However, the Attorney General’s Department entrusted with the role of
advising if any legislation is unconstitutional, has repeatedly failed
to bring to Parliament’s notice that almost all legislation is written
in English and subsequently translated to Sinhala and Tamil. Not only is
this an obvious oversight in terms of the Department’s responsibility,
but the actual process of writing legislation in English is a direct
opposition to what is explicitly mentioned in the Constitution. This
author is personally aware of 260+ laws that have not yet been
translated to Sinhala or Tamil, thus making the process of its enactment
wholly unconstitutional. This has been brought to the attention of the
Supreme Court of Sri Lanka, and further action is currently being
discussed.</p>
<p>If one were to investigate the reasons behind such a blatant
disregard of a Constitutional law, they might realise that the problem
stems from a range of issues. Firstly, government officials are mostly
unaware of this information, or they chose to ignore it based on the
assumption that it warrants no harm. It is painstakingly obvious that
the Official Languages Policy (OLP) is treated as insignificant in Sri
Lanka; its importance has been suppressed beneath a number of other
issues considered to hold more prominence in contemporary domestic
politics. It is also worth considering the jurisdiction imposed on
government bodies mandated to advance and protect language equality. The
most potent example of this fact could be found in the Official
Languages Commission. The OLC, though established as the only commission
for language, is essentially a toothless institution, in that its
jurisdiction is limited to requesting and communicating with other
institutions to abide by the OLP, but does not reach enforcement levels.
The authority vested in the OLC is arguably diminutive, although very
few stakeholders dare to admit it. Evidence for this fact can be found
in the form of an unfortunate circumstance, where the former Chairman
corresponded with the Sri Lanka Insurance Corporation to abide by the
languages policy which resulted in his resignation due to pressure from
prominent figures who believed he had no authority to dictate changes to
other institutions. This could have been avoided if the move was
challenged, which unfortunately no one was willing to do. This incident
is testament to the fact that the OLC must be made an independent
Commission, thus granting it more validity and jurisdiction.</p>
<p> </p>
<p><strong>The importance of language </strong><strong>equality in consumer </strong><strong>goods printing</strong></p>
<p>This author, in collaboration with many other like-minded civil
society personnel has submitted more than 300 complaints to the OLC and
the Human Rights Commission with regard to infringement of the language
policy. Many of these complaints were based on the print material of
consumer goods, which inevitably resulted in the complaint being filed
against the Consumer Affairs Authority (CAA). If you were to randomly
select a few household items or processed food products, many of them
may not include its ‘Date of Manufacture’ and ‘Date of Expiry’ (among
other details) in both official languages. It seems that the CAA does
not have a mandate to regulate this practice among its collaborators,
although they certainly have the authority to do so in this case. Sadly,
this only propagates the theory that government officials lack a full
understanding of the implications of adhering to the language policy.
There has been no education within any of these institutions with regard
to the OLP or its manner of implementation. It is a level of ignorance
that seeps into society as well; a lack of realization that there are
diverse communities that call Sri Lanka their home.</p>
<p>The Sinhala population must grasp this reality as much as the Tamil
population, and identify that respecting another’s language is to
acknowledge their identity. On a separate occasion, it was found that
the officials working at the National Library themselves were unaware of
the OLP and resorted to assuming that any Tamil customer or member
would have the ability to speak Sinhala and therefore translated
documents were not a necessity, nor a priority. Clearly, a shift in
attitude fuelled by awareness-raising must be targeted with haste.</p>
<p>This author has already filed a Fundamental Rights case against the
infringement of the OLP with regard to medicinal drugs and cosmetic
products used in Sri Lanka. Medicine is not a necessity to only a select
population or community; indeed, it is a sought after by all members of
the public. In that aspect, not only Western medicine, but indigenous
medicine must also include its composition, side effects, and
instructions of use in both official languages.</p>
<p>It is a basic human right to be privy to information regarding the
medicines they consume, which if consumed in an incorrect manner would
have drastic health repercussions.</p>
<p>This applies in severity to medicinal equipment and its instructions
for use. To print this information in only English is to deliberately
disadvantage a large portion of the population, and not only goes
against Constitutional requirements but can also be viewed as a sinister
act of denying people their basic rights.</p>
<p> </p>
<p><strong>The importance of monitoring </strong></p>
<p>The Ministry of National Co-existence Dialogue and Official Languages
is currently taking a few initiatives with regard to language. The
above mentioned areas must be taken into serious consideration during
these initiatives. Reformation within government institutions dealing
with citizens and consumers must assume priority in their mandate. It is
also equally important, however, to monitor any initiatives taken, as
many former initiatives have lost its momentum and died a natural death
without any monitoring mechanism in place.</p>
<p>The OLC has no jurisdiction nor do they have the resources to conduct
any monitoring of their activities and initiatives. For example, a
complaint was made to the OLC and the Human Rights Commission (HRC)
regarding train announcements not being made in Tamil. The HRC took it
upon themselves to convene a meeting with all stakeholders and give
orders to abide by the Policy when making train announcements. Much to
our consternation, this only lasted a total of 2 months, and it wasn’t
long before a re-evaluation found that the Anuradhapura Train Station
had snubbed the responsibility of making announcements in Tamil.</p>
<p>If there was more rigorous implementation and monitoring of
initiatives, as well as significant consequences imposed for overlooking
such details, perhaps attitudinal change could also be targeted. Even
the tickets issued to drivers by police officers mention details only in
Sinhala in majority Sinhala areas, and vice versa. A very simple
numerical coding system could be set in place of the current method,
where numbers are given for each respective road-related crime in both
languages on one side of the ticket and the Police officer need only
note the number on the ticket.</p>
<p>Even to consider upgrading to such efficient methods of conduct has
not crossed the minds of many, leaving Sri Lanka in a very
unsatisfactory state with regard to language.</p>
Respecting another’s language need not be enforced by law; it is a
sign of basic human respect and dignity afforded to a fellow citizen.
Indeed it was heartening to hear both our official languages resonating
against the melody of the National Anthem of Sri Lanka at our last
independence day; however, much more needs to be done to ensure that
both our official languages will be considered in parity with one
another; hopefully sooner than later.<br><br clear="all"><a href="http://www.thesundayleader.lk/2016/03/27/importance-of-preserving-language-rights-in-sri-lanka/">http://www.thesundayleader.lk/2016/03/27/importance-of-preserving-language-rights-in-sri-lanka/</a><br>-- <br><div class="gmail_signature">**************************************<br>N.b.: Listing on the lgpolicy-list is merely intended as a service to its members<br>and implies neither approval, confirmation nor agreement by the owner or sponsor of the list as to the veracity of a message's contents. Members who disagree with a message are encouraged to post a rebuttal, and to write directly to the original sender of any offensive message. A copy of this may be forwarded to this list as well. (H. Schiffman, Moderator)<br><br>For more information about the lgpolicy-list, go to <a href="https://groups.sas.upenn.edu/mailman/" target="_blank">https://groups.sas.upenn.edu/mailman/</a><br>listinfo/lgpolicy-list<br>*******************************************</div>
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