H.L.D. Mahindapala's recent assessment of the Tamil problem is based on a central premise. "The Sri Lankan Tamils are not a nation. As such they are not entitled to self-determination." If however this assumption is disproved his argument is without foundation. Let us look at the facts. What are the tests of nation hood? Do the Sri Lankan Tamils qualify?
It will be conceded that the Sri Lankan Tamils possess a distinctive language and culture. They boast of a classical heritage and a development of language which makes Tamil fully adequate for all present day needs. They inhabit a definite territory which forms a contiguous land area, and have fashioned it in their own image. They have had a separate historical past and have enjoyed diplomatic recognition as a political entity. Their sovereignty was wrested from them by conquest and formally conceded to the Portuguese by the Nallur Convention signed by the chiefs of the Tamil kingdom in 1618. Presently, they possess and have been expressing, both by violent as well as non-violent means, a strong sense of separate identity.
All these taken jointly and severally are universally accepted as standard criteria of nation hood. As such it will be conceded that the Sri Lankan Tamils are a nation and hence qualified for state hood. They have a right to political autonomy in conformity with the principle of self-determination. Without political freedom embodied in an autonomous state guaranteeing self-government the spiritual cultural and moral stature of the Sri Lankan Tamil nation must degenerate.
The recent implosion of the USSR has shown that the rights of nationality always over-ride those of class. In Sri Lanka we rightly honour and esteem Mr. Bandaranaike for recognising the claims and aspirations of the Sinhala people as a nationality. But we do not accord a similar status to Mr.Chelvanayakam. His sober, thoughtful and ratiocinative statements, "it is better to have our own territory, our own culture and respect than be a minority living on the good fortunes of the majority ", and "when (I) first went to the south of Ceylon the Sinhalese lived as a race whereas today they have become a nation. We in the North and East of Ceylon shall also develop into the most advanced state of human society i.e. we should achieve national status" are denounced by Mr. Mahindapala (and Gamini Jayasuriya in another context) as treason.
Why this dichotomy of view? The explanation lies in the anomalous concept of "majority" rights taking priority over "minority" rights, which is a mindset with people like Mr. Mahindapala. The denial of the rights of nationality of the Tamil people as a "minority" has never been articulated by any methodological disproof of their validity. Instead, it has been held that even if these rights were notionally valid they could not be reconciled with the fact that the Tamil people were a "minority" and by implication "immigrants". The rationale seems to be that if the Sri Lanka Tamils were not a "minority" and presumably "immigrants" their claims would be legitimate.
Who is an "immigrant" and who a "minority" is a question that is relative to time and place. The English speaking whites in New Zealand are relative to the Maoris, immigrants, but a majority. The Celtic Irish are relative to the English, indigenous but a minority in the British Isles.
In Ireland, however, they are a majority. The position in Cyprus, between the Greeks and Turks, is more complex. Before the Turkish conquest (circa 1468) the Greeks were a majority. However, not being aboriginal, they were immigrants. Under the Turkish occupation, the Turks became the majority, by immigration. After British occupation (1870) the Greeks became the majority, as immigrants. Neither under Turkish nor British rule was there any state colonization by either Turks or Greeks. However, in Ireland there was state colonization of Ulster by English Protestants. Unlike in New Zealand where the whites and the Maori are interspersed, the Celtic Irish and Turkish Cypriots inhabit a contiguous territory, where they are the majority similar to the Sri Lanka Tamils.
The cases of the Celtic Irish and Turkish Cypriots are analogous to that of the Sri Lanka Tamils. Minority groups have a greater difficulty in gaining recognition as individual entities where they live in islands which are single states than in single mainland states. This has been a shared experience of all three of them alike.
The British who were quite prepared to concede dominion states to the white colonies, including South Africa, with its difficult Boers, could not reconcile themselves to self government for the Irish, which they regarded as the first step in the dismemberment of the "unity and integrity of the United Kingdom". Since this belief had no basis in fact or logic but was a mere emotional reflex deriving from a mis-perception, it admitted of no argument or reasoning and, hence, placed the liberal and democratic Irish leadership in a quandary-shades of the Federal Party. It took a World War and enormous losses and blood shed on both sides, before Irish independence was grudgingly realized in 1922, leaving a trail of bitter memories. More relevantly, it gave rise to "terrorism" which we see around us and all over the world.
The Greek Cypriots, being the majority, took control of the state with independence in 1960. Disregarding the lessons of history and geopolitical realities, they identified the Turkish Cypriots as an "immigrant minority group" and proceeded to deal with them accordingly, applying the solution of majoritarianism, recommended by H.L.D. Mahindapala. The Turkish Cypriots as a proud people, mindful of their heritage, resisted and appealed to Turkey which possessing a greater military capabiIity than Greece, and availing of U.S. neutrality, entered Cyprus in support of its co-linguists and co-religionists, resulting in the setting up of the Turkish Republic of Northern Cyprus of Cyprus (TRNC) in 1983.
There are lessons to be learned from these experiences. The Celtic Irish were not a minority in Eire, nor were they Immigrants. The Turkish Cypriots were not a minority in the TRNC, nor were they any more migrant than the Greek Cypriots. Likewise the Sri Lanka Tamils are not a minority in the North and East. They are not immigrants in those areas any more than all other groups, other than the aboriginal population, are in other parts of the island. As such, even within the parameters stipulated by Mr. Mahindapala in denying the rights of the Sri Lanka Tamlls, it must be conceded that these rights are irrefutable, being sui generis.
In an article I read recently I came across the following quotation which I wish to commend for our officers/workmen in the state sector, most of whom are timesavers.
"We need to be honest in business transactions and be faithful in giving service for which we are paid. If we are paid for a full day's work we steal from our employer if we do not give him a full day's work. Even such a relatively small matter as taking too long on coffee breaks is a way of stealing from one's employer."
This fact which is in practice in other countries is very very essential for our beautiful little island of Sri Lanka to follow quite conscientiously. We must take cognizance of this fact. It should be taught in schools and the need for our nation to prosper emphasised. It is a pledge for everyone to make in their life as we ourselves would prosper with our earnings in whatever field we are destined to work. No aspersions cast, but facts are stubborn.
A new idea is being tried in Kandy town. Already an underground road crossing has been built near the clock tower. It facilitates the pedestrians to go to the bus stand from Dalada Veediya without disrupting vehicular traffic.
On the success of it, a new underground subway complex is being built close to the former, with the clock tower roundabout as the hub of it. The complex consists of four subways, like four railings of a cart wheel.
In the former case, the road surface is only a few feet above the bus stand. Therefore it needed to dig only a few feet downwards. As a result, the other side of the subway can be seen from the bus stand. Also people have to walk only about 30ft. across. At the same time it can be kept clean and the passage through it even at night is safe.
In the case of the subway complex, people have to walk about 60ft. across to reach the other end. Also they have to descend about 15ft. and climb the same height on the other side, because it has to be built about 15ft. below the road surface. It needs to be lit both day and night. Also it may affect the smooth movement of pedestrians along that part of the pavement, as they have to go down and climb up.
Vehicles may not be able to enter the new building premises of Bank of Ceylon from the Muslim Hotel end. It is very difficult for vehicles to approach from the other narrow and curvy roads.
Further, people may try to cross the road at other convenient spots. They would surely try to avoid this subway complex in order to save time and energy and also for safety, especially at night. Then, it can become a toilet as well as haunting ground for undesirable elements such as thieves and prostitutes.
The new complex would cost a tidy sum. Those who have launched this project should give thought to these facts too. My honest opinion is that this whole project would not bring the desired results.
Over to you, the amiable Mayor and the other city fathers.
There is no other place in this island where the level of the ground varies so much in so small an area as in Kandy. While this adds to its beauty and fascination it has created some problems to its citizens.
The problem of storm water from higher levels flowing down into adjoining land at lower levels causing much damage and filling up drains and compounds with silt and sand, is a common occurrence.
On hillsides where the houses are built on tiers of varying levels, the problem is acute.
The Municipal Council's Ordinance (Chap. 152) Section 82 deals with this and requires the owners of properties at higher levels to cut contour drains, etc. and take such measures as to prevent the flow of storm water, silt and debris to adjoining properties.
The Kandy Municipal Council is completely unaware of these regulations. Permission to build houses are given on request and sometimes obtained by other means.
Residents who have complained to the Municipal Council about the damage and inconvenience caused have had no redress. Some of the anti-social type of house owners just bribe the Health Inspectors and get away with it while the victims have just to grin and bear it.
But an attorney-at-law has told the inspecting officers, that he is an attorney-at-law, who owns the house and that the tenant in the adjoining property is only a tenant and therefore has no right to the law.
The competent authorities have been taken in by this perverted view of the law and refuse to take action. In this age of Human Rights where all men are equal before the law, the attitude of this attorney is shocking!
Would some Human Rights Organization clarify?
Has one necessarily to be a house owner to obtain redress from the owner of the adjoining property?
There is an unbuilt drain along 7th Cross Road in Panadura, right opposite Balika Maha Vidyalaya, in the heart of the town which has brackish stagnant water, stagnating for the last so many months. The stagnant water in this drain is a health hazard to the rate payers, as mosquitoes are breeding in this drain in their hundreds. This drain has become an eyesore and a nuisance to the residents who live along this road, as it has become impossible for them to sit out in the verandahs of their houses due to the unbearable stench emanating from this unsightly drain.
This drain has not been cleaned and maintained by the local authorities although numerous representations have been made to them. Even a memorandum was handed over to the Minister of Health during one of his official visits to this important town, pointing out this shortcoming. I think this waste water is being discharged by the numerous hotels and eating houses along Horana Road as they have no separate septic tanks in their premises to discharge the waste water.
The rate payers who live along this busy UC road in the town are suffering in silence due to the inaction of the authorities concerned. I hope this letter will catch the eyes of the Chief Citizen of the town and the Health Minister of the WPC who should move in this matter immediately and see that this problem is solved once and for all.
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