Language

and
Humanity
S.G. Punchihewa

Centre for Policy Alternatives

Language and
Humanity

S.G.Punchihewa
Attorney - at - law

Centre for Policy Alternatives

1
 LANGUAGE AND HUMANITY

First Edition - April 2012

ISBN : 978 – 955 – 1655 – 82 – 2
Printer : Global Printing Works – Tel . 011- 2329739
Publication : Centre for Policy Alternatives.

The Centre for Policy Alternatives (CPA) is an

independent, non-partisan organization that
focuses primarily on issues of governance and
conflict resolution. Formed in 1996 in the firm belief
that the vital contribution of civil society to the public
policy debate is in need of strengthening, CPA is
committed to programmes of research and
advocacy through which public policy is critiqued,
alternatives identified and disseminated.

Address : 24/2 28th Lane, off Flower Road,

Colombo 7
Telephone : +94 (11) 2565304/5/6
Fax : +94 (11) 4714460
Web : www.cpalanka.org
Email : [email protected]

2
FOREWORD
We were embroiled in a devastating war for thirty
long years. Our habit of not honouring the Tamil
Language deems to be the cause for such war. At
the beginning , due to the suppression of demands,
demonstrations and agitations, the resolving of the
problem was assigned to gun powder. Through
this, we have destroyed the human, material and
intellectual resources which belonged to all races of
our country is an unusual way. But the worst of all
is that we have eliminated our humanity.

The war has ceased. But the causes for eruption of

war has not ceased. Hence, at least the necessary
wisdom should now prevail. As an initial and a
sustainable step, Sinhala and Tamil languages
should be treated in an equal and justifiable
manner. I think that this booklet will provide the
necessary guidance in this regard.

My highest regards are due to Mr. Lional Guruge of

the Community Participation Programme Division,
Centre for Policy Alternatives who encouraged me
in this endeavour.

S.G.Punchihewa.

3
4
CONTENTS
Language and Humanity 7
British Rule 11
The habit of neglect and its history 23
Discrimination as reported by the Soulbury Report 31
Kandyan Convention – 1815 (2nd March) 33
Fundamental Rights 36
Official Languages 38
Language of the Judiciary 45
Implementation of the Official Language Policy 47
A few Circulars issued for purpose of implementation of
Official Language Policy 51
The Ministry for implementing the Language Policy 56
66
Filing a case before the Magistrates Courts
Human Rights Declaration and Language 69

(This is the English translation of the book written by Mr.

S.G. Punchihewa in Sinhala titled “Bhashava Saha
Manushyathvaya”)

5
6
PART I

Language and Humanity

Amma (Mother) is the most endearing word

we have ever heard. Word ‘mother’ in any
language is so endearing to those who use
that language. Why is it that this word is so
endearing? When we are loved, the seed of
love within us will grow and blossom in to a
flower. Every such blossoming moment is
enchanting and we feel that we are healed.
Along with such love we enjoy the happiness
through kindness and compassion. This the words
“Amma” and
emotional world we savor, we received from
“Home” are
mother. The word ‘amma’ is most endearing very
than other words carrying the same endearing to
meaning as ‘Matha’ ‘Mathru’ or Mawa’. The us. It is so as
‘Home’ is more lovable a term than the all our worldly
resources
‘house’. These feelings were born along with
originate from
the motherly affection. First of all mother her, the
feeds us with her milk when we are hungry. “Mother” or
The fulfillment we enjoyed after being fed “Buddha in
with milk is expressed today in the words our home”.

7
 like ‘Amma’ and ‘Home’ . When we are ill or
unhappy, it is the mother who suffers.
Through her suffering we are healed. When
we felt insecure or frightened, we used to
hide in her bosom for protection.

We received our food, security, health and

education all from her. She is our first teacher
it is the in life and hence we call her ‘Guru – Meniyo’
mother who (Mother Teacher). To get us to pronounce
taught us the the word ‘Amma’ or any other single word,
language first. she may have uttered that word a million
All the authors
times. Every other word is the same. Men
of great
literary works like Shakespeare , Kalidasa and Gurulugomi
learned their who were great persons in the world learnt
first language their first words from the mother. That
from her. language we learnt is our mother tongue.
Whatever we
We have become distinguished persons in
achieved were
centred around the society through that language.
the language.
Our language is a mother to us as it needs
Hence, the
language is so to be loved dearly. Every thing we acquired
endearing just were centered around our language. Hence
as ‘the our request to receive what is due for us is
mother’. also presented in the same language. We

8
have grown up along with the language.
Hence it is through this language we express
all that is needed for our growth. Our
humaneness is expressed in our own
language. If we could discern the fact that
while humanity is a common factor for all
of us but the languages are different from
one another, then we will understand that
we have to honour another’s language as
his humaneness is inseparable from his
language. Only then his humaneness will be
expressed. To honour another’s language is
the right owned by him to use and practice
that language. The satisfaction we get by
honouring that right is really the right of that
other person. Every one will get entitled to
peace and prosperity only when such an
environment prevails.
Honouring his
When such right of honouring is denied, language is
what will be felt by the person, who speaks honouring him.
Disrespect
that language ? He will feel that his mother,
towards his
his self and the fact that he is a human being language is
has been disregarded. When he is obstructed disrespecting
or hindered, his emotional world gets him.

9
 disturbed. It hurts his soul. It instigates anger
and hatred. So, is it a wonder that solving of
this problem created by pushing a certain
group of the community through a span of
a large number of years( even up to date )
towards a language grievance, got assigned
to gun powder ? That is how our country
had to face a prolonged war of thirty years,
the cause of which was a language issue. It
is true that the war has now stopped. But
no one has won. If we are to win, we have
to start with the language issue in the first
We have place. If any further discrimination happens
faced a thirty to either Sinhala or Tamil languages by
year long war,
the cause for
implementation of administrative or
which was the executive actions, it will be another act of
disrespect for collecting gun powder. That is how an
a language. administrative or executive act, a word or
War has something neglected, will eventually get
stopped. But
there are no
converted to explosives with the passage of
victors. Both time.
parties can win
if the language
is honoured.

10
British Rule

In the Kandyan Convention, there is no

mention regarding the language to be used
for ruling the country. Due to the absence
of such mention, all the parties silently
accepted that English language would
definitely be the administrative language.
There was room for certain things to be done
in Sinhala or Tamil when it had to be done
and could not be avoided. But English was
the only official language. All day to day
administrative matters were carried out in
English. Birth certificate, Education
certificates, Marriage certificate, and even After being
the death certificate were issued in English conquered by
Language. They have acquired not only the Britain , all our
affairs from
properties, lands and natural resources, but
birth to death
also the human lives by ruling in English were executed
language. in English
Language.

11
 Even though British administration agreed
to change the cruel administration by
Lankan aristocrats, with the passage of time
people were of the view that they should
be rid of British rule. By that time British
in 1948 , we domination had spread in to all the spheres
got a certain
in Lanka. The Media of language in some of
degree of
Independence. the spheres is as follows.
Until then ,
English Before After
Language was
1948 1948
the official
language of Official Language English English,
the country. Sinhala
After the
Independence, Administration English English,
we were freed Sinhala
from the
Executive English English,
English
language too. Sinhala
Then the Law English English
Sinhala and
Tamil should Higher Education English Sinhala
have been Military rule English English,
declared the Sinhala
official
languages. Did Police English English
that happen ?

12
According to Colebrook Commission Report,
Lanka came under a single central
administration in 1831. Accordingly,
administration throughout the country was
done in English Medium. English was the
only Official Language.
It was stated that the purpose was to make
it easier in administration. Due to this,
Sinhala and Tamil languages were driven
away from the government and got cornered
in the villages. British rule extended for 117
years up to 1948. due to the domination by
Though we
British and their language, we the natives
became
lost more than what we gained. The attitude independent of
for recognition of language is one such loss. British
The natives, both from Sinhala and Tamil domination , we
communities who were educated in English did not become
Language were found suitable for independent of
administration. As the use of English domination by
language was convenient to them, even in English
politics, Sinhala and Tamil languages got language.
isolated. Executive and Legislative Councils Hence both the
Sinhala and
established after the Colebrook
Tamil
Commission, functioned in English. Whilst languages were
the proceedings of the State Council was neglected.

13
 carried out in English, in 1932 a new
resolution was submitted by the Mr. G.K.W.
Perera, Member for Matara –
“ In accordance with the Standing Order 105,
the proceedings of the Council should be in
English. But a member could speak in Sinhala
or Tamil with due permission.”
The committee appointed to review this
resolution, rejected it. However, on the
second reading it was adopted with a
majority of votes. But this concession was
used very sparsely by Sinhala or Tamil
Members.
Mr. G.K.W.Perera, Member for Matara
even though a submitted a number of resolutions that are
resolution was very much appropriate for today, even after
adopted in the
50 years.
State Council
to say that They are :
speeches
could be made “ No person should be appointed to civil or
in Sinhala or clerical service without an advanced
Tamil knowledge in Sinhala or Tamil language”
language, it
“ Promotions should not be granted to
was used very
officers in civil and clerical services if he has
rarely.

14
failed to obtain the Sinhala or Tamil
Language proficiency. “
“ No person should be appointed as a judge
in the Police Courts or in any Higher Court if
he cannot conduct or report the court
proceedings in either Sinhala or Tamil
Language “
“Permission should be granted to lawyers
to engage in courts activities in either Sinhala
or Tamil Language “
These resolutions were submitted to the
Secretary General and Attorney General. But
in 1935, the State Council was dissolved.
Hence these issues were avoided. The art of Though there
avoiding important issues which prevails at were
present, started then with avoiding of the resolutions for
proficiency in
above resolutions.
national
A new State Council was elected in 1936. The languages and
next person to raise the issue regarding the for conducting
use of Sinhala – Tamil Languages was court
Mr.Philip Gunawardane, Member for proceedings in
Avissawella. His resolutions is as follows, national
languages ,
“ To avoid the inconvenience and injustice they were not
caused to the people in Courts when implemented.

15
 questions and answers are translated
erroneously, the proceedings in the
Municipal Courts and Police Courts should
be conducted in native languages” (1937)

This resolution was forwarded to Legal

Secretary and objections were raised.
However, it was adopted by the council
subject to the condition that it shall be
implemented within three years. Some time
later Mr. Philip Gunawardana submitted
another resolution.

That is :

“ Due to the fact that complaints made at

the police stations are recorded in English,
the resolution serious injustices and errors occur. Those
that
officers who record the complaints are
proceedings of
the Municipal neither fluent in English or the native
Courts should languages. Hence, the complaints made at
be in national the police stations should be recorded in the
languages was language used by the complainant.” This
adopted in
resolution was adopted by the State Council
1939 and was
implemented. on 09.02.1939.

16
The third attempt to use the native
languages was made by Mr.J.R.Jayawardane,
then Member for Kelaniya. The resolution
submitted on 22.06.1943 in as follows :
“ Due to the objections raised for adopting
Sinhala Language as the official language
within a justifiable period of time, the
following resolutions are submitted :
∗ Sinhala should be the medium of
education in schools.
In 1944 ,
∗ Sinhala Language should be compulsory
another
for all government examinations.
resolution was
∗ Legislation should be adopted to carry adopted. It was
on the proceedings in the State Council that the State
in Sinhala Language too. Council
proceedings
∗ A Commission should be appointed to
should be in
select the books written in other national
languages to be translated in to Sinhala languages. The
Language. national
· A Commission should be appointed to languages
decide on the steps needed to change should be the
medium of
from English language to Sinhala
education in
language. schools.

17
 Mr.C.W.W.Kannangara proposed the
amendment that the words “Sinhala
Language” should be replaced by ‘Mother
Tongue’.
The amendment proposed by Mr.V.Nalliah
to include ‘Tamil Language’ along with the
Sinhala language was accepted by the
Council. The resolution with the amendments
was adopted on 04.05.1944. A select
committee was appointed with Secretary
General of the State Council, Mr.Philip
Gunawardana and Mr.J.R.Jayawardana. The
select committee proposed as follows :
∗ Sinhala and Tamil should be Official
Languages.
the resolution Thereafter State Council adopted are
that Sinhala following resolutions(1945)
and Tamil
languages ∗ Mother tongue should be the medium
should be of education in the primary schools and
official English should be a compulsory subject.
languages was
adopted in the ∗ In the post primary schools, the
State Council medium of education could be English,
on 04.05.1944. Sinhala or Tamil or bilingual.

18
The proposal put forth by Mr.J.R. Jayawardana
in this regard was defeated. It says :

“ Mother tongue should be the medium of

education in all the schools.”

When all the examples cited above are

examined, it is clear that there was a certain As there was
amount of a continuous struggle against the a continued
English language being the only official struggle
against the
language. There was also a peoples opinion
English
regarding Sinhala, and Tamil languages. language
However, as the Sinhala and Tamil politicians becoming the
continued to function in English languages, official
it became the permanent link language. language,
there were
Through the politics that emerged from this
resolutions
background, a group of people evolved who from time to
did not have any love for all the three time. But
languages, English, Sinhala, and Tamil. But English
the language was used as a tool to build up language as
the link
racism in both Sinhala and Tamil sections.
language has
Most of the above mentioned steps were been able to
retain that
taken to get freedom from British rule and
status to
English Language. In 1948, the political date.

19
 freedom that was accomplished could have
been more meaningful to achieve such
freedom. Even now, it is quite clear that the
change which took place was very much
superficial and has no depth. However, who
toiled hard to get this ‘Freedom’? They are
the Sinhalese, Tamil and Muslim population.
They had the idea of ‘Swaraj’ or
‘Independent State’ within them. As a
Who were result, a limited freedom was granted in
those engaged 1948. It was the duty of the Sinhalese Tamils
in the struggle and Muslims to complete the freedom they
for limited
got. But a very unfortunate thing happened.
independence
in 1948 ? it was Sinhalese who had more power tended to
the Sinhala , forget that the administration should be
Tamil and done through both Sinhala and Tamil
Muslim
Languages. They were keen to show that the
population. But
the Sinhala Sinhalese have acquired all the powers.
language got Accordingly, the idea that Sinhala Language
the place held should be the official language emerged. The
by English power and status enjoyed by the English
language. Tamil
language under the British rule was legally
language was
forgotten. transferred to Sinhala Language after 1948.

20
Accordingly Sinhala Language was legally
adopted as the official language by the Act
No : 33 of 1956. Tamil and Muslim leaders
who were together with the Sinhala leaders
in their struggle against British rule and the
domination of English language, were
deeply hurt and disgusted to see how
ungrateful the Sinhala leaders were. If this
situation was understood by Sinhala leaders
both the Tamil and Sinhala Languages should
have been declared Official Languages. We
are still facing the unpleasant consequences
of this default. Even though Sinhala
the problem
Language was legally adopted as the official which exists up
language, it was subservient to English to date is that
language for many more years. The no action was
domination acquired by over the Sinhala taken to allay
the feeling of
Language gave certain powers to Sinhala hurt in the
Language. In turn those powers of Tamil and
domination were exerted over the Tamil Muslim people
Language. This is the problem that exists caused by
forgetting the
even today.
Tamil
language.

21
 However much there could be legislations,
Regulations, Circulars, they will not get
implemented correctly in the absence of
required willingness, intent or discipline. As
a nation, such quality should be a
component of our national culture. For this
to happen, the usage of our language should
be popular in the spheres like education, law
and politics. If it does not happen, the
violation of the usage of language is not
considered as a fault. If the state
administration does not consider the non
provision of necessary resources and
concessions to the using of a language as a
even if there
are plenty of
severe fault or stress, could there be a
laws and national unity in such a society?
regulations and
circulars,
without the
concern and
commitment to
correct the
wrong, could
there be
national amity?

22
The habit of neglect
and its history

The report of the Soulbury Commission

States as follows.

“ It there seems to be any discrimination

towards a minority population, it happens
through administrative actions. It is so, as it
is not able to identity and expose such
actions easily.”

Due to the persistence of this idea, those

who drafted the Constitution had to include
section 29 (2) in the Constitution in 1947. the injustices
caused by
It is as follows: executive or
administrative
29(2) By any law, actions cannot
be exposed
(a) There should be no limitation or
easily. That is
abolition of the independent usage why the
of any religion. Constitution 29
was included
(b) Any inconveniences or disability not in to the 1947
caused to persons of a certain Constitution.

23
 religion or ethnic group, should not
be imposed upon the persons
belonging to another religion or
another ethnic group.

(c) Any concessions or conveniences

not granted to persons belonging to
a certain religion or ethnic group
should not be granted to any other
persons belonging to a different
religion or ethnic group.

Although this is stated in law, in practice it

is quite contrary. This happened due to the
fact that anti - imperialist feelings which
prevailed prior to 1948 changed in to
nationalistic feelings thereafter. In 1958,
another Act had to be adopted to eliminate
Constitution 29 the shortcomings of Act No : 33 of 1956
(2) states that which declared Sinhala Language as the
laws cannot be Official Language. The new Act was termed
enacted which
as Usage of Tamil Language Act No : 28 of
caters lesser
or more to any 1958. In terms of this Act legislation was
race or adopted to use Tamil Language for
religion. government activities.

24
∗ Tamil Language should be the language
medium for Government Tamil schools.
[ 2(1) ]
∗ The examinations for selecting Tamil
persons to Government service should
be conducted in Tamil Language. [ 2 (2) ]

∗ Tamil speaking people should be able

to deal with state institutions in their
own language. (4)

∗ Government activities in the North and

East should be done in Tamil Language.
(4)
However an
Due to strong objections raised by Act (1956/33)
nationalistic elements against these came in to
provisions, it became a mere document only. operation
making Sinhala
With a culture of neglecting or not
language as
implementing the legally adopted the only official
provisions, all rules and regulations and language. The
circulars issued became useless. If there is Act for using
no attitude to grant the rights violation of Tamil language
such rights does not warrant any (1985/28) was
not
punishment.
implemented.

25
 With the adoption of Sinhala Language as
official language in 1956 and the non
implementation of the Tamil Language
Usage Act in 1958, Tamil government officers
were directed to acquire Sinhala proficiency
within a stipulated time period (3 years). If
such proficiency is not acquired, salary
increments were stopped. A government
officer, Mr. Kodeswaran filed a case in the
District Court of Colombo challenging that
punishment meted out for not obtaining the
Sinhala proficiency is inconsistent with the
Constitution of the country. Mr.
Kodeswaran won the case. The government
Mr. made an appeal to Court of Appeal against
Kodeswaran this judgment which dismissed the ruling of
won the case
the District Court. Mr. Kodeswaran, then
he field against
the provision
appealed to the Privy Council in Britain,
that Tamil where it was ruled that section 29(2) of the
public servants Constitution has been violated. The
should obtain judgment was received only in 1970. Instead
Sinhala of granting the language rights of the Tamil
language
government officers, the government
proficiency
within 3 years.
committed a historical error. The thinking

26
was that if we are to be rid of British
bondages, we should be rid of the Privy
Council too. Giving way to the surging
nationalistic feelings, Lanka (Ceylon) became In 1972, when
Sri Lanka
a Republic. What is the historical error that
became a
was committed in this process ? Republic, the
* 1972 – Buddhism was declared as the State verdict that
was given
Religion by the 6th Constitution.
favoring
* 1972 – Sinhala Language which was Kodeswaran
declared as the Official Language by Act No: was subdued
and a historical
33 of 1956 was redeclared and adopted as
error was also
the Official language by the 7th Constitution. committed.
Sinhala
Both the above Constitutions are strictly
language which
against section 29(2) of the former was stated as
Constitution. the official
language by an
Accordingly will it not hurt the feelings of
Act was
those who follow another religion and use included in to
another language ? There were two Acts the
pertaining to Tamil Language provisions Constitution
adopted in 1966. Along with the 1972 legally.
Constitution, the practice of those Acts was Buddhism
became the
abandoned. When Acts pertaining to
State religion.

27
 Languages turned in to misdeeds, the
struggle for Language became an armed
struggle. One of the solutions offered was
the acceptance of the Tamil Language as an
official Language in 1987.
Still the act of ‘not doing’ continued further.
In 1991 Official Language Commission was
appointed as one of the solutions. Later this
Commission was brought under the
Ministry of Constitutional Affairs and
National Integration. At present it is assigned
to the Ministry of National Languages and
Social Integration which has a different set
of nomenclature and subjects and a new
Language mode of operation.
struggle
transformed in The report of the Official Languages
to an armed Commission issued in June, 2005 provides
struggle. As a strong evidence to say that there was
consequence, discrimination against Tamil Language
Tamil Language through administrative and executive
was also actions as mentioned in the Soulbury
declared as an
Commission Report, and that such
official
language in discrimination continued up to 2005. It is
1987. as follows.

28
“ those Divisional Secretary Divisions which
are directed to function in both Sinhala and
Tamil languages, have so far failed to offer
satisfactory services to people who use
Tamil Language.” (page 05)

“State has failed to provide the necessary

facilities to citizens speaking Tamil Language
and residing in areas where administrative
functions are carried out in Sinhala
Language, to receive the due services in their
own Tamil Language. These citizens are also Even though
there were
denied the facility of obtaining a copy or a
laws, the habit
translation of a report , a publication or any of neglecting
other document in Tamil Language. They are continued
also unable to obtain a Tamil translation of forthwith. The
the documents which are issued to them. Official
Language
Vice- versa, Sinhala speaking persons are not
Commission
given the similar facilities in areas where the was
administrative language is the Tamil established in
Language. 1991. The
Commission in
2005 says that
discrimination
still exists.

29
 Hence the injustices caused by the
Administration and the Executive cannot be
remedied by laws alone. It has to be done
with our conscience and through our actions.
If we love all the mankind, the language that
understands that love does not have figures,
sounds or words. If the language is to be
considered a tool to suppress, discriminate
The injustice and suspect others, we are simply inviting
caused by
Administration
the people and humanity to engage in
and Executive conflicts and calamities. Time is now long
cannot be lapsed to change this behaviour.
changed by
laws alone. We
need a
procedural
arrangement to
change our
mode of
thinking. This is
delegated to
the “Ministry of
National
Languages and
Social
Integration”

30
PART II

Discrimination as reported
by the Soulbury Report

Soulbury Commission was appointed for

submitting necessary proposals for drafting
a Constitution for Lanka (Ceylon). The
Commission has called for evidence by
various sections of the society. The views
presented by All Ceylon Tamil Union before
the Commission appears at page 41

of the report. Under section 138 of chapter

08 , it states as follows:
There were
“Discrimination towards Tamil population in enough rules
Lanka happens through Administration or and
regulations.
Executive actions much more than it
But the
happens through Constitution. It could be authorities did
through neglect too” not implement
them. There
The views of the Commission with regard was not even
to this evidence appears next. a punishment
for such
lapses.

31
 “ If there is any discrimination against a
minority population, it happens through
administrative actions: it is because that
such actions cannot be easily
comprehended or revealed.”

This is the situation which prevailed over a

period of 100 years. Even though there are
enough and more rules and regulations, it
is clear that discrimination is still continuing
through administrative and executive
actions.

Non
implementation
of laws
which was a
condition
that
prevailed
before 100
years, still
prevails, at
present.

32
Kandyan Convention
1815 (2nd March)

This convention was signed by Governor

Robert Brownrig on behalf of the King of
Britain and Adigars, Government Agents and
Aristocrats on behalf of Sinhalese citizens.
Accordingly the methods of capital
punishment and corporal punishments
including chopping of hands, legs, nose and
ears that prevailed at that time were
32 Types of
abolished.
corporal
British rule was implemented. Areas were punishments
administrated by Government Agents. was abolished
by the
Though the honouring of the leaders Kandyan
continued, prostrating, worshipping and Convention.
kneeling before the Governor and the Except for lying
prostrate and
aristocrats was abolished.
kneeling before
However, when a leader travels on a road , the leaders,
people should get on to a side. When a leader other forms of
arrives , people should get up from their honouring the
leaders
seats and greet him.
remained.

33
 Among a host of other issues, the above
conditions were put in to practice. It is
certain that common people were happy to
accept these conditions. They were relieved
that they are now free from painful corporal
punishments, fines etc.

Thereafter on an order issued by the

Governor on 21.11.1818 , any fees or
payments to Government or its leaders for
any appointments was prohibited. Giving
Through a gifts to Governor or officers was also
Governors
prohibited.
declaration in
1818, all types But paying of various taxes to the
of gifts and in
government prevailed.
various forms
of bribes The above issues are highlighted to show
offered for
that most citizens were happy regarding the
getting
appointments way they were ruled. During this period
in public there were no communal feelings. The
service was concessionary situation was accepted by all
abolished. But as human beings. It was the cruelty and the
due payment
inhuman treatment they suffered at the
of taxes
remained.

34
hands of the King and the aristocrats which
made people to enjoy the British rule.

Such a pleasing administration was done by

the British in English Language. Honouring
the British continued and it was automatic
that the language was also honoured. Paying
homage to English Language which started
then, continues to date. There was consent
to suppress our own language and the habit
of suppressing the Tamil language which was
in use then, also stated.

Judging by the conditions that prevailed it

was anticipated that a better status could
Under these
be achieved. But the result was that we
conditions,
became slaves to foreign dominations. The there was a
malefic practices we acquired regarding the certain degree
language are displayed and proved in the of honour
history thereafter. towards the
British in the
minds of the
people. That
was as honour
for English
language too.

35
 Fundamental Rights

Constitution 10,11,12,13, and 14 of Chapter

III and the Constitutions relating to Language
in chapter IV of the Sri Lanka Constitution
belong to the group of Fundamental Rights.

What are Fundamental Rights ? They are

the Human Rights affirmed by law with
concessions and punishments. The
Fundamental Right regarding the language
appears in section 12(2) of the Constitution
as follows:

12(2) – No citizen should be

discriminated or favoured due to the
It is a
Fundamental reasons of race, religion, language,
Right to not to caste, sex, political opinion, place of
be birth or any one of these reasons.
discriminated Discrimination or favouration means :
due to a
language. [ To treat a person in a lesser degree
constitution than usual or treat a person in a
12(2) ]

36
 higher degree than usual. It means
that justice is not meted out in an
equal manner. A person has to get
subjected to that discrimination. It
should be done either by a
government institution or an officer.

Redress can then be sought under 12(2).

(However, when a certain level of knowledge

in a language is specified for the purpose of
requirements in the service of Government,
Courts, Local Government or a Corporation,
it does not deem to be a discrimination)

No one could be barred from entering public

service institution or places of worship on It is wrong for
the grounds of language. any
government
institution or a
government
officer to treat
one person
more and
another less
due to the
language.

37
 Official Languages

Constitution 18

18 (1) Sinhala Language shall be the

Official Language of Sri Lanka. ( it
was the same in the two
Constitutions of 1972 and 1978)
After 13 th Amendment to
Constitution-
By 18th
Constitution of (2) Tamil Language is also adopted as
Sri Lanka an Official Language.
Constitution ,
Tamil language (3) English Language shall be the Link
was declared Language. (The result of been
as an official declared as Official language is that
language. all activities in all the government
Accordingly
institutions should be done in
government
affairs should either Sinhala or Tamil Language.
take place in In limited situations like giving the
both the verdict in higher Courts,
official provisions are there for English
languages.

38
 Language. (Link language) to be
used)

(4) To implement the provisions in

this Chapter (Chapter ÉV), the
Parliament has to make
arrangements through legislation.
(Accordingly, the Ministry of
National Languages and Social
Integration and Official Language
Commission do function at
present)

Constitution 19 As the Sinhala

language and
19 Sinhala Language and Tamil Language are Tamil language
the National Languages of Sri Lanka. are accepted
as National
(I) As a result of this provision a Member Languages
of Parliament or Provincial Council or (Constitution
Local Government Institute is entitled 19) one could
speak in any
to make arrangements to speak in one
one of these
of the national languages ( Constitution languages
20 ) whilst within
the National
Institutions.

39
 (II) Any person can receive education
through the medium of language of his
choice. (Constitution 21) ( But this rule
does not apply to a school which uses
another language for purpose of
education. eg. International schools )

Constitution 22 – Administrative Languages

Sinhala and Tamil Languages shall be the

administrative languages throughout Sri
Lanka. Before this, by Constitution 18,
Sinhala and Tamil languages were declared
Conducting the as Official Languages.
affairs and
keeping What is the difference between Official
records in the Languages and Administrative Languages ?
government The language in which activities proceed and
institutions
records are kept in government institutions
should be done
in an is termed administrative language. Even
administrative though another language ( English ) could
language be the administrative language apart from
Sinhala and Sinhala and English languages, it has not
Tamil are
been adopted so far. While Tamil Language
administrative
languages. is the administrative language in North and

40
East, Sinhala Language is the administrative
language in the rest of the Island.

During the British rule English language was

both the Official Language and
Administrative Language. Sinhala and Tamil
languages were not recognized at least as
national languages. In certain areas both the
official languages could be declared as
administrative languages. Then Administrative
activities have to be carried out in both
Sinhala and Tamil Languages.

Accordingly 29 Divisions have been declared

as bilingual. These are –

(Badulla)- Badulla, Bandarawela, Ella, In some

Haldummulla, Haliela, Haputhale, Lunugala, areas, both the
languages
Meegahakiwula, Passara, Soranathota,
could be
Welimada. administrative
languages.
(Colombo) - Thimbirigasyaya
Then all
(Kalutara) - Beruwala activities and
(Kandy) - Akurana, Delthota, Panwila, records should
be done in both
Pasbage Korale, Uda Palatha the languages.

41
 (Nuwara Eliya) - Ambagamuwa,
Hanguranketha, Kothmale, Nuwara Eliya,
Walapane
(Puttalam) - Kalpitiya,Mundel,Puttalam,
Wanathawilluwa
( Galle ) - Galle Kadawathsathara
With all such declarations, discrimination
against language still continues. The reasons
are the absence of necessary facilities and
the attitudes of the officers concerned.
But, according to the law regarding the
administrative language, people have the
right –
(I) To communicate by letters written
either in Tamil language or English
language,

Although this (II) To examine an official register a report

is stated in or any other document, to obtain an
law, there are extract or to obtain a translation either
situations in Tamil or English language,
when it is not
put in to (III) To obtain a translated copy either in
practice. Tamil or English language when a

42
 document has been signed by that
person. [Constitution 22 (2) a– d]

In an area where administrative language is

Tamil, a person is entitled to obtain the
above mentioned services in Sinhala
language.

[Constitution 22 (3)]

But these provisions are just limited to

words due to lack of necessary facilities. Even though
there is
Constitution 22 (4) provision
Provincial Council Affairs made in law to
say that,
In the Provincial Councils which use Sinhala communicating
language as its administrative language, by letters,
negotiations could be done in Sinhala obtaining
language. If the Provincial Council functions translations of
documents
in the Tamil language, such negotiations
could be done
could be done in Tamil language. There is in an
the right to negotiate in English, when the administrative
administrative language of the Provincial language,
Council is different. there are
hindrances in
real practice.

43
 Constitution 22 (5) –

Special Knowledge in Sinhala or Tamil

It is not contrary to the above mentioned

Fundamental Rights to determine that there
should be a certain level of knowledge in
Sinhala or Tamil to sit for the entrance
examinations held for government service,
judicial service, provincial government
service or a government institution.

Constitution 23

Enactment and gazetting of all the laws and

subsidiary laws should be done in both the
official languages, Sinhala and Tamil. There
should be an English translation. [ 23 (1) ]

All the publications, regulations, interim

Enactment of
laws should be constitutional orders and notices which are
in Sinhala and issued by a local government institution or
Tamil by a Provincial Council could be in the
languages. An administrative language used by the
English
Provincial Council.
translation is
also required.

44
However, all the orders, publications,
regulations, interim constitutions,
directives, notices and announcements and
the gazettes which are issued under a certain
written law, should be published in both the
official languages, Sinhala and Tamil along
with an English translation [23 (2)]

Written law,
Notices and
the Gazette
should be
published in all
the three
languages.

45
 Language of the Judiciary

The language of all the Judiciary shall be

Sinhala and Tamil. Sinhala language will be
the judiciary language of all the areas of the
Island except for North and East. (
Constitution 24 (1) )

That is, the judicial reports and the judicial

proceedings should be in Sinhala or Tamil.
However, judicial proceedings still happen
in English as an inheritance from British.

The Minister of Justice with the concurrence

of the cabinet of Ministers can order that
Tamil is the
judicial proceedings and reports could be
judicial implemented in a language which is not
language in official [24 (1)]. Accordingly the court
North and East proceeding and reports of the Appeal Court
while Sinhala and Supreme Court are still implemented in
is the judicial
language in
English Language.
rest of the
country.

46
But the lawyer who initiates the judicial
proceedings could present the case in either
Sinhala or Tamil language. [24 (2)]. However
the use of such practice is very rare. Such
practice receives a poor response in the
judicial environment.

A judge could obtain the assistance of an

interpreter. Also, a party to the judicial case
could obtain a translation of the case record.
[24(3)]. But, there is a shortage of the
required number of interpreters still.

Constitution 25 states that the Government

should provide the required facilities for
practice of the languages.

All the
proceeding of
the Court of
Appeal and the
Supreme Court
are still
conducted in
English
language.

47
 Implementation of the
Official Language Policy

Even though various laws, regulations and

Acts with regard to official languages, were
there in the past, they were not
implemented property. Hence the extra-
ordinary gazette notification No; 1620/27
As the official dated 25.09.2009 had to be issued. By this
language
gazette notification the government
provisions
were not institutions listed below have to implement
implemented, the language policy: Ministries,
an
Departments, Provincial Councils and Local
extraordinary
gazette Government Institutions.
notification
was issued in 1. Secretaries to Ministries hold the
2009 responsibility. An additional Secretary or
delegating the
a Senior Assistant Secretary shall be the
responsibility
to the officers implementing officer.
to implement
these 2. In a Department, the Head of the
provisions. Department holds the responsibility

48
 whilst an Additional Head or the Deputy
shall be in charge of implementation.

3. In the Provincial Councils, Chief Secretary The officers

who should
is vested with the responsibility and the
implement
Deputy Chief Secretary shall be in charge there
of implementation. provisions are
Secretaries to
4. In a Ministry of the Provincial Council, Ministries,
the responsibility is vested with the Assistant
Secretaries,
Secretary. Implementation shall be done Heads of
by the Deputy. Departments,
Deputy
5. In a Department of the Provincial Heads of
Councils, the Head of the Department Departments,
Secretaries to
holds the responsibility. The Additional Provincial
Head or the Deputy shall be in charge of Councils,
implementation. Commissioners
of Local
6. In a Municipal Council, the Municipal Government,
Secretaries to
Commissioner holds the responsibility.
Divisional
Deputy Municipal Commissioner shall be Councils and
in charge of implementation. Administrative
Officers.

49
 7. In the case of Urban Councils and
Divisional Councils, the Secretary to the
council holds the responsibility whilst
the Administrative Officers shall
implement the policy.

Those chief officers who are vested with the

responsibility should be responsible for the
Functions
delegated to
following rules:
these officers
(a) That they have a comprehensive
are to ensure
that there is knowledge about the laws pertaining
legal to Official Language Policy and the
knowledge orders relevant to it;
relevant to
official (b) That they have planned the strategy for
language the Institution to observe the
policy, that
there is an
government policies spelt out in the
action plan and Constitution;
that there is
monitoring and (c) That there are provisions and methods
removing any for sufficient monitoring of the plains;
obstacles in
the process of
implementation.

50
(d) That steps have been taken to eliminate
any obstructions for implementation of
the plans;

(e) That relevant reports will be submitted

to the Ministry National Integration, to
the Official Language Commissioner
and to the Chairman of the Official
language Commission when required to
do so;

The responsibilities of the officers who are

entrusted with the implementation of the
official languages are as follows;

(a) That the subordinate officers of the These officers

Institution possess sufficient should submit
knowledge regarding the laws relevant the reports.
Officers also
to the official languages policy;
should
(b) That strategies are in place to ensure possess the
knowledge
that those officers act according to the regarding the
laws and necessary steps are taken by laws and there
them to implement the laws. should be a
plan of action.

51
 (c) That there is a definite procedure for
the implementation, monitoring and
evaluation of the Official Language
Policy.

(d) That information, data and reports as

stated above are submitted to the
Ministry, Official Language Commissioner
and Chairman of the Official Language
Commission whenever required to do
so.

The relevant
information
should be
submitted to
the Ministry, to
the
Commissioner
and to the
Chairman of
the Official
Language
Commission.

52
A few Circulars issued for
purpose of implementation
of Official Language Policy

Even though it is enacted in the Constitution

and various laws and circulars are issued
accordingly, it is clear from the reiterations
that are issued frequently, that the Language
Policy is not implemented in a proper
manner.
The Public Administration Circular letter 03
/ 2010 (issued on 2010-09- 01)
States as follows :
∗ Even though three circulars were
issued previously, they have not been
implemented. These are :
Another
Circular No: 25/89 (issued on circular (03 /
1989.04.18) 2012) had to
Circular No: 25/89 (1) (issued on be issued in
2010 as the
1989.12.06)
implementation
Circular No: 01/2006 (issued on was not done
2006.12.13) as required.

53
 ∗ That letters written in Tamil Language
do not get the replies in the same
language, and there are complaints in
this regard.
∗ That action should be taken as
follows ;
I Replies to letters written in
Sinhala, Tamil or English should
receive the replies in the same
language.
II If the officers concerned does not
have the required knowledge in
that language, a translation should
be sent.
II General instructions like Circulars
should be issued in all three
Still there are
languages.
complaints to If action has not been taken while
say that letters all the necessary facilities are
sent in Tamil
available, there should be a
language are
punishment. The government shall
not replied in
the same be responsible if the facilities are
language. not available.

54
Public Administration
Circular No: 7 / 2007 / 1
This has drawn attention to the Circular No:
07 /2007 dated 2007.05.28 issued
previously.

By this circular, a law has been enacted to

make the proficiency in the second language
as compulsory as it is essential for
implementing these provisions.

That is, a new subsection has been

introduced after subsection 12:11:1 in
Chapter 11 of the Establishments Code. It is Another
as follows: reminder is
issued by
12:11:2 – Every officer should obtain the Circular (07 /
proficiency in the second language as 2007 ) to say
specified for the relevant post ( The level is that
specified for the post) within 5 years of government
appointment to service / post. The salary officers should
obtain the
increments will be suspended for those
specified
officers who fail to obtain the specified proficiency in
proficiency within the stipulated period of the second
time. language.

55
 Hence it became a condition to be fulfilled
on entry to public service.

Other Circulars

∗ All government forms to be printed

in all three languages.

∗ To buy necessary equipment to

remove any obstacles.

∗ To get the services of translator from

within the Institution or from
outside.

∗ To pay incentives for proficiency in

other languages.

The provisions have been made available for

There were such requirements.
several
Cabinet Decisions
Circulars sent
earlier “The necessity for including the introducing
regarding the
theme in Tamil language too for government
forms,
translators and programmes and projects which carry the
language theme only in Sinhala Language at present”
proficiency.

56
The Cabinet of Ministers has taken a decision
in this regard on 2008.04.09 Accordingly,
introducing theme of government projects
should be done in Sinhala Tamil and English
for which assistance could be sought from
Official Languages Department.

In future, Government and Government

owned institutions should seek the
assistance of Official Language Department
to compile the theme in all three languages
for the projects that are scheduled to
commence.

There is a
cabinet
decision to say
that
introductory
passages of all
government
projects should
be in all three
languages.

57
 The Ministry for
implementing
the Language Policy

It is named as Ministry of National

Languages and Social Integration. It was
established on 2010- 11- 25, by the gazette
notification No :1681 / 03.

Powers and functions of the Ministry

∗ Functions of Official Languages

Department, Official Languages
Commission and Institute for language
training and the monitoring of these
The Ministry Institution.
of National
Languages ∗ Compiling of plans, programmes and
and Social projects pertaining to National
Integration is Languages and Social Integration.
an institution
with executive ∗ Arriving at agreements with planning
powers to authorities on the above aspects,
implement the
implementation and operation.
language
policy.

58
∗ Relevant factors for preparation of
National Language Policies and its
operation.

∗ Social integration and ethnic affairs.

Activities of the three Institutions coming

under the Ministry.

1. Official LanguageS Department

∗ Training public servants to achieve

proficiency in all three languages.

∗ To educate and train how to

translate Sinhala to Tamil and Tamil Official
to Sinhala. Languages
Department,
∗ To compile glossaries for education National
and administrative purposes. Languages
Commission
∗ To compile a trilingual dictionary.
and National
∗ To provide translation facilities to Languages
Education and
government institutions.
Training
∗ To arrange courses to teach Institute
function under
languages.
this Ministry.

59
 ∗ To introduce modern technology for
training in languages.
∗ To arrange examinations and
relevant certificates.
2. Official Languages Commission
The This was established by the Act 1991 /
Department 18. the objective of the Commission is
and the to inquire and monitor whether action
Commission is being taken in conformity to the
are vested with
provisions of chapter VÉ of the
the
responsibility Constitution.
to impart The functions of the Commission are :
training for ∗ To take the responsibility of
achieving
implementing the official languages
proficiency in
as a Fundamental Right.
all three
languages, and ∗ Evaluation, encouragement of the
to ensure that official languages and to accept the
official status, equality, and the right to
language practice them.
policy is
implemented Shall continue to maintain
considering it statusquo.
as a ∗ To inquire in to the complaints
Fundamental made by citizens by the Commission
Right. itself and to remedy the situation.

60
3. National Languages Education and
Training Institute (Agalawatte)

National Language Education and Training

Institute was established as a corporation
under the Act 2007 / 26.

Objectives

∗ To produce teachers to teach Sinhala,

Tamil and English.
∗ To produce language translators for
Sinhala, Tamil and English languages.
∗ To produce teachers to train translators.
∗ To train for achieving trilingual ability.

Functions of the Institute

∗ To impart training in all three languages
for above mentioned activities.
∗ To do research and studies with regard
to language training. The Training
Institute
∗ To award certificates and grant produces
Diplomas in respect of training and Language
education. Translators.

61
 ∗ To conduct special training courses for
languages, translators and short hand
typists.
∗ To make recommendations to the
authority regarding the advancement of
languages.
∗ To engage in research activities
regarding Sinhala, Tamil, English and
foreign languages.
The Inquiring in to complaints by the
Commission Commission
can inquire in
to the A complaint could be made against a
complaints government institution for making a fault
made against in respect of the status or practice of a
any action
language by some act or by neglect :
taken by a
government That is ,
institution in
respect of a (a) There is no acceptance or has not
language or for accepted the entitled status of a
not taking certain official language: or
action or
neglecting a
language
issue.

62
(b) Action is not being taken in accordance
with the Constitutions 20 -24 of the
Constitution : or
(c) Action is not being taken in accordance
with an order, regulation, conclusion,
administrative decision made according
to provisions of an Act : or
(d) Action is not being taken according to
objectives stated in chapter ÉV of the
Constitution ;
In such instances the Commission has to Complaints
make inquiries. could be made
to the
(2) Complaints can be dismissed on Commission on
justifiable grounds. The reason for dismissal the grounds
has to be conveyed to the complainant. that action is
Within 14 days – not taken
accordingly to
∗ A person or a group of persons who an Act or for
were affected by doing or not doing not abiding by
a certain act can make a complaint. the objectives
spelt out in
∗ If so requested, the inquiry could chapter ÉV of
proceed in a confidential manner. the
Constitution.

63
 Powers of the Commission ( Section 21 of
the Act )

(a) Summoning of witnesses and to order

submission of any relevant
documents.

(b) Giving evidence under oath.

(c) Any information which is not

considered as evidence before a court
of law can be accepted and considered
by the Commission.

(d) Investigations could be done at a

suitable place.

22 (1) The complainant do not have the right

to demand that he should be heard during
the investigation.
The (2) In an instance where a recommendation
Commission has to be made which could affect a person
can summon
evidence,
or an institution, an opportunity has to be
investigate and given to that person or institution to
forward respond.
recommendations.

64
23 (1) After investigating –

(a) The act that was investigated or the

act that was not performed should be
forwarded to the relevant institution
to consider and take appropriate
action.

(b) The Head of the Institution should be

informed along with the reasons
whether a certain order should be
reviewed, a certain habit should be
changed or stopped or an alternate act
should be done instead.

(2) If the complaint is not proved, the

complainant should be informed of the
view taken by the commission and the The
Commission
reasons for it.
can inform the
(3) A report regarding a complaint should Head of the
Institution to
be submitted within 60 days. If the
change or stop
report gets delayed due to external some actions
reasons, an interim report should be or to take
submitted highlighting those reasons. alternate action
instead.

65
 (4) Whatever the reasons could be, the
final report has to be submitted within
120 days of making the complaint
along with a copy to the complainant.

(5) Recommendations by the commission

could be sent along with the report,
and could direct the government
institution to inform the Commission
how the recommendation will be
implemented.

Judicial Remedies

Among the Constitution 24 (1) – Filing of a Fundamental

judicial Rights Case before the Supreme Court
remedies, the
foremost is the (a) When these findings of the
ability to file a investigations regarding the complaint
case regarding has not been informed within 120
Fundamental days.
Rights. 24(1)
The person (b) When it is not informed whether the
who was investigation is rejected or stopped.
denied that
Right should (c) When it is informed that the complaint
file the case. can not be proved.

66
After the lapse of 120 days or within 30 days
of receiving the verdict, the complainant can
file a Fundamental Rights case before the
Supreme Court. Such a case has to be filed
by the complainant.

Constitution 25 (1) – Filing a case before the

High Court

The case has to be filed by the Commissioner

of the Official Languages Commission.

If the relevant institution which has received

After informing
the report and the recommendations as
the relevant
mentioned in 23 (5) has not taken institution, if
appropriate action as directed by the action is not
Commission within 90 days of such receipt, taken
a case can be filed in Provincial High Court accordingly
within 90 days,
within the Province where the complainant
the
resides seeking an order. Accordingly the Commissioner
Provincial High Court can give an order to can file a case
be implemented. before the High
Court against
26. If the Supreme Court directs that such a the said Head
case be transferred to the Supreme Court, of the
it shall be done accordingly. Institution.

67
 Filing a case before
the Magistrates Courts

A case can be instituted against an officer

before the Magistrates Courts in the
instance that he has intentionally neglected
to issue a copy in relevant language
regarding an act which has not been carried
out. It is a summary inquiry. That is to
inquire whether he has done any wrong or
not. The case is instituted under section 289
of the Penal Code.

Section 29 (1) –

According to the Official Language

Commission Act, a case can be filed directly
A case could before the Magistrates Courts or Supreme
be filed before Court without making a complaint to the
the Commission.
Magistrates
Courts too for In the proceeding of the case, for the welfare
neglecting the of the public, the Commission can appear
delegated duty
before the court with its due permission.
intentionally.

68
6.5 - Concession by the Human Rights
Commission (1996 /21 )

According to section 10 (a) of the Human

Rights Commission Act, it can inquire in to
the complaints regarding violation of
Fundamental Rights and can make
recommendations. In the first instance,
action will be taken to resolve the conflict.

6.6 - Public Petitions Committee

According to Parliamentary Standing Orders,

a petition received by the Parliament will be
referred to the Public Petitions Committee.
This Committee can refer it to the
Parliamentary Commissioner known as
Ombudsman. For this purpose, he has the
powers to summon persons and question
Can complain
them, to scrutinize any documents and to to the Human
enter a certain premise, if needed. Rights
Commission
as a violation
of a
Fundamental
Right.

69
 6.4 Concessions that could be granted by
the Ombudsman

Ombudsman is a post created under [ 156(1)

] of the Constitution. Complaints can be
made to the Ombudsman against
government institutions, if there is violation
of Fundamental Rights and other acts of
injustice.

The procedure to be adopted in explained

in the relevant Act and amendments.

It action is not taken after conveying the

recommendations to the relevant
It is stated that institution and the Ministries concerned, it
relief could be could be reported to the President and
granted by Parliament.
complaining to
the (Even with all such reporting, there many
Ombudsman incidences of unresolved problems)
or
Parliamentary
Commissioner
regarding an
administrative
fault.

70
Human Rights Declaration
and Language

Everyone is entitled to all the rights and

powers of freedom stated in this
Declaration, without distinction of any kind,
such as race, colour, sex, language,
religion, political or other opinion, national
or social origin, property, birth or other
status.

All are equal before the law. All are The Human
entitled to equal protection of the law. Right which
spells that “All
All are entitled to equal protection
are equal
against any discrimination in violation before the law”
of this Declaration and against any should be the
basis of all the
incitement to such discrimination.
laws in the
country. It is
an injustice to
cause
discrimination
due to the use
of a language.

71
 International Covenant on Civil and Political
Rights (1996)

(This was adopted at the U.N. General

Assembly on 16.12.1966 Sri Lanka ratified the
Covenant on 11.06.1980 )

Article 2

All state parties oblige to honour the rights

recognized in this covenant, and to ensure
that all are entitled without distinction of
any kind such as race, colour, sex, language,
religion, political or other opinion, national
or social origin, property, birth or other
By signing the
United
status to all rights within its territory and
National Civil subject to its areas of jurisdiction.
and Political
Covenant, Sri Article 14
Lanka is
bound not to When a person is convicted, he is entitled –
discriminate
against any (a) To receive an explanation regarding
language. the nature of accusations against him
(Article 14) in the language he uses,

72
(b) To obtain the services of a translator
when the languages used in Courts is
not understood by him.

Article 26

All are equal before the law. Hence all are

entitled to equal protection without any
distinction. Whatever discrimination should
be prohibited by law. Irrespective of
distinction of any kind such as race, colour,
sex, language, political or other opinion,
national or social origin, property, birth or
other status, equal and task oriented
protection should be ensured legally against
any kind of discrimination. Those
communities
Article 27 using a
different
In States where minority communities language
should be
based on religion or language reside, their
legally
right to enjoy their own culture along with protected
others belonging to their community, their against any
discrimination.

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 right to express and follow their religion, the
right to use their language should not be
denied or rejected. Sri Lanka is bound by the
Convention to protect these rights.

Declaration of Rights of the persons

belonging ethnic, religious or language wise
minorities – 1992

(This was accepted at U.N.General Assembly

on 18.12.1992 under 47 / 135. Sri Lanka has
to abide by this decision )

Article 1

In the (1) All States shall ensure to secure the

countries national, cultural, religious and
where there language wise existence and shall take
are minority action to promote the existence of
communities
based on
their identity, of their existence.
religion or (2) The Government shall accordingly
language, their
make laws to fulfill these aspirations.
right to use
their language
should not be
denied.

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Article 2

It is a Right for the persons who belong to

the ethnic, religion or language wise
minorities to enjoy their culture, to worship
their religion and to use their language
personally or at public instances without any
obstruction.

According to
the Declaration
on the Rights
of the
Minorities
(1992),
necessary
laws should be
enacted to
secure the
Right to the
use of their
language.
(Articles 1
and 2)

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76
Language and Humanity S.G. Punchihewa