By Palitha Ariyarathna

Killing Fields Ceylon – 1818

The recent approval of the Upcountry Charter has ignited significant debate in Sri Lanka, provoking discussions that resonate far beyond the confines of the plantation estates. Designed to address the historical grievances of the Malaiyaha Thamilar community—descendants of laborers brought to Sri Lanka by British colonial rulers in the 19th century—the charter’s intentions may appear noble. However, its implications raise serious concerns about potential disruptions to the delicate fabric of Sri Lankan unity.

In comparison to the African Tamil labor community, the Malaiyaha Thamilar are relatively luckier, having gained recognition in various aspects of government in Sri Lanka. This recognition affords them privileges that are not available to their counterparts in their original homeland of Malabar, India. While Tamil is not recognized as an official language in India, it is acknowledged in numerous contexts in Sri Lanka, including on banknotes.

Moreover, the Malaiyaha Thamilar have been recognized as a special community in everyday life in Sri Lanka. However, it is crucial to remember the historical injustices faced by other communities, particularly the Kandyan peasantry, who endured significant suffering, including killings, rapes, and abuses at the hands of invaders such as the Dutch, Portuguese, and British.

While the Upcountry Charter seeks to enhance the socio-economic status of the Malaiyaha Thamilar and promote cultural recognition, the means by which this is pursued has raised concerns. Critics argue that any further privileges granted to the Malaiyaha Thamilar could destabilize the socio-political landscape of Sri Lanka, as their integration might conflict with the rights and identity of the Sinhalese Buddhist community.

Central to the argument against the Upcountry Charter is its compatibility with the Sri Lankan Constitution, particularly Article 12, which enshrines the principle of equality. Critics assert that the charter’s provisions for the Malaiyaha Thamilar infringe upon the rights of other ethnic groups, particularly the Sinhalese majority. This perceived preferential treatment has sparked fears of a precedent that could undermine national unity. Furthermore, the involvement of Indian Prime Minister Narendra Modi, who has emphasized the need to address Tamil rights in Sri Lanka, adds another layer of complexity. Many view this as external interference, raising concerns that additional rights granted to one community could compromise Sri Lanka’s sovereignty.

Opposition to the Upcountry Charter has emerged from various sectors, including legal experts, community leaders, and political commentators. Prominent voices, such as Shenali Waduge, have questioned the charter’s constitutionality and its implications for the unitary nature of the state. She emphasizes that its provisions not only challenge the constitutional principle of equality but also threaten to erode the unitary nature of the Sri Lankan state. Critics argue that the charter overlooks the contributions and struggles of other groups, particularly the Sinhalese. Some members of the Buddhist clergy have raised concerns that the charter’s provisions contradict Buddhist principles of fairness and justice for all citizens. This anxiety reflects the potential for division among communities that have historically coexisted.

Dr. Sudath Gunasekara’s article, Echoes of Injustice: Reviving the Heartland,” offers a crucial perspective on historical injustices and the importance of the Central Hill Country. He emphasizes the need to address the grievances of the Sinhala Buddhist community. Gunasekara points out that the Central Hill Country is not just a geographical area but the heart (Hadabima) of Sri Lanka, critical for ecological stability and the survival of the entire nation. The region is the source of all 103 rivers that sustain life across the island. His proposed Master Plan aims to restore this stability and reinstate its historical role in nation-building, focusing on protecting the Central Hill Country, establishing a high-powered ministry for its rehabilitation, and fostering socio-cultural and political integration between native Sinhalese and estate Tamils.

In light of these pressing issues, I recently addressed a letter to the President of Sri Lanka, emphasizing the importance of recognizing historical injustices faced by the Sinhala Buddhist nation and the need to restore the physical stability of the Central Hill Country. This region’s geographical, strategic, and cultural importance cannot be overstated, particularly in the face of external influences that threaten the integrity of Sri Lanka’s 2,500-year-old civilization. I also reached out to the governors of the Central, Uva, Sabaragamuwa, and Southern Provinces—urging them to consider these historical injustices and the necessity of addressing them for the welfare of their provinces.

By advocating the key changes proposed by Dr. Sudath Gunasekara, I hope to encourage national discourse that addresses both historical injustices and the vital need for ecological and socio-political stability. Engaging in these conversations will honor the struggles of all communities and pave the way for a united Sri Lanka.

The Upcountry Charter’s implications extend beyond legalities, affecting the socio-political landscape of Sri Lanka. The perception of imbalance can exacerbate tensions between ethnic groups, potentially igniting communal conflicts that the nation has worked hard to avoid. The Sinhala population, grappling with marginalization and historical grievances, may feel increasingly alienated by perceived preferential treatment towards the Malaiyaha Thamilar.

As the debate surrounding the Upcountry Charter unfolds, an inclusive approach is essential for addressing historical injustices while preserving national unity. Engaging in constructive dialogue that acknowledges Sri Lanka’s complex history and the diverse experiences of its communities is crucial. Addressing historical injustices should not translate into policies that create new inequalities or exacerbate divisions. It is vital for the government to promote equitable treatment for all citizens, ensuring that no group feels sidelined.

Legal experts have called for a review of the Upcountry Charter to ensure it adheres to constitutional principles of equality. While the charter aims to rectify historical wrongs, it risks creating new divisions if not approached with caution and inclusivity. As Sri Lanka grapples with its complex legacy, the challenge lies in honoring the past while ensuring a united and equitable future for all citizens.

The conversation surrounding the Upcountry Charter is not merely about one community’s rights; it reflects deeper questions about identity, belonging, and the principles that govern the nation. Ensuring that all voices are heard and that justice is pursued in a manner that respects the dignity of every Sri Lankan is crucial as the country navigates these multifaceted challenges.

In the end, the path forward must prioritize unity, reconciliation, and sustainable development—values that will guide Sri Lanka toward a more harmonious future. As an author reflecting on the recent developments surrounding the Upcountry Charter, I must emphasize that the charter’s special provisions raise significant concerns regarding equality and justice. Critics argue that these provisions not only contravene the principle of equality enshrined in the Sri Lankan constitution but also undermine the Buddha Sasana, a fundamental aspect of our cultural identity. Historically, Ceylon has honored the Buddha Sasana through Puja” over one hundred fifty times, and any attempt to alter its status—whether positively or negatively—can be deemed a criminal wrong in light of several Supreme Court judgments. It is crucial to recognize that no president, minister, or group, regardless of their influence, can undermine the Buddha Sasana law. This assertion underscores the deep-rooted commitment to protecting our spiritual heritage and highlights the importance of maintaining equality among all communities in Sri Lanka.

By Palitha Ariyarathna

Palitha Ariyarathna is a passionate advocate for social justice and equality in Sri Lanka. With a deep understanding of the country’s complex history and cultural dynamics, Palitha has dedicated his writing to exploring the nuances of community relations and the impact of policy on marginalized groups. His insightful analyses shed light on the challenges and opportunities that arise in Sri Lanka’s journey toward unity and inclusivity. Through his work, Palitha aims to foster constructive dialogue and promote a harmonious future for all Sri Lankans.

This painting by Prasanna Weerakkody reflects the tragic legacy of the British genocide following the 1818 Uwa-Wellassa Rebellion. It portrays the devastation wrought upon the land, where no able-bodied man was spared, and homes, livestock, and crops were destroyed. While many details remain obscured by time, surviving documentation and personal accounts reveal the brutal suppression faced by the people during this dark chapter in history.