• Will the Govt. and policy makers give a clear answer?

It is unfortunate to raise a question of this nature in the wake of the visit of the United Nations High Commissioner for Human Rights Volker Türk to Sri Lanka. The people hereto known as the people of the plantations or Indian Tamils, now demands that they be recognised as Malaiyagam people (Maali – hills, Agam – home; people who have their habitats in the hills) instead of calling them as plantation people or as Indian Tamils, which identifies them with their place of work or with an alien country. 

They were brought to this country by the colonial rulers 200 years ago to develop the plantations and they have contributed immensely to the development of the economy of this country. They were deprived of their rights for citizenship and voting in the 1950s for ulterior political reasons and regained the same after about 40 years in the end of the 1980s as a result of an agonising long-drawn-out political struggle. But, they still feel that they are not recognised as ‘fuller citizens’ of this country, and want to know whether they are considered as ‘fuller citizens’?

I would take up a very basic issue to justify this question about which no one talks about, not even the so-called leaders of the Malaiyagam people.

Free education was introduced to this country in 1945 and schools were nationalised in the late 1950s, but the nationalising process of the so-called ‘plantation schools’ was completed only after 40 or 50 years. It is self-explanatory as to why the ‘education standards’ in the Malaiyagam area still lag far behind the national standards. In the case of preschool education, it still remains a devolved subject coming under the purview of the provincial councils, but not reaching the Malaiyagam children.

Preschool education forms the basis for future education which was introduced in Sri Lanka more than 75 years ago, but was introduced to a very limited number of Malaiyagam children about 15 to 20 years ago by community-based organisations and the fact remains that more than 80% of the Malaiyagam children do not get proper preschool education even now. In this backdrop, many of the estate companies and managements have been, all throughout, trying their best to prevent Malaiyagam children getting preschool education. Out of hundreds of such cases, let me quote just a few. The Radella estate in the Nanu Oya, Goviravilla and other estates in Upcot and Maskeliya and Kirkoswald in Bogawantalawa managed by different plantation management companies prevent the conduct of preschools saying that they cannot allow the preschools in the estates and the children could be only accommodated in the ‘crèche’ (the creches were started by the colonial rulers to ensure that both parents go for work by assuring them that their children would be looked after till they return after work). The creche and the preschools are two completely different concepts. The parents, some of whom are educated, are working outside the estate as they get a better pay. The management demands that they come back and work on the estate and that their children will be accommodated in the creche. The parents refuse to bow down to the treatment and demands of the management in order to safeguard the right of their children for education, and often have to go to Police stations to complain about the injustices done to them. But, the Police show their helplessness by saying that they cannot interfere with the estate managements. How many people in this country know that even in these modern times, the basic human and children’s rights are blatantly violated by the plantation companies and managements, while they and the planters paint a rosy picture of the Malaiyagam mothers in their Facebook pages?

Whatever the administrative structure in the estates, and whatever the agreements that the companies have with the Government are not relevant when it comes to the rights of the children and parents for education. This needs to be clearly understood.

Can the management prevent the children from receiving education which is the fundamental right (FR) of the children and as well of the parents which are assured by the Constitution and other laws of the country and the international conventions which our Government has rectified?

• The Constitution – the supreme law of this country, in Articles 27(2), and 27(13), assures the right for education of children and citizens
• Articles 28 and 29 of the Convention on the Rights of the Child (CRC) assure the right of the child for education, and Articles 5 and 18 assure the educational rights of the parents. The most-important Article 3 of CRC says in the “best interest of the child” that “all actions and decisions concerning children should take full account of their best interest”. Although the CRC is not a law, it is signed by the Government, binding itself to implement the same

Now, let us, the Malaiyagam people, be told whether the colonial administrative rule, or the agreement lease or otherwise between the management companies and the Government, supersedes the Constitution, and the international conventions? If not, who gave these superseding powers to the estate management companies and the managers? Are laws of this country and international conventions not applicable to people living in the plantations? Ironically, it should be remembered that the estate lands belong to the Government.

If it is argued that the administrative systems in the estates and the agreement supersede the Constitution and international conventions, can the Malaiyagam people be considered as citizens of this country? This is an ambiguous situation. 

How long are the Malaiyagam people to tolerate this situation of going to the Police stations to claim and ensure even the right of education for their children?

On the other hand, the conduct of the plantation companies and the estate managements is not in line with the first objective of the Clean Sri Lanka concept and it is an arrogant and blatant violation of the concept and totally contrary to the ‘ethical conduct’ which is the main aspect of the Clean Sri Lanka concept which says, good governance and sustainability (foster ethical practices, zero tolerance for corruption, public accountability, and reward excellence).

However, as responsible citizens and as persons, we believe that the ‘Clean Sri Lanka’ concept, if properly implemented, will bring about a significant change in our country. The conduct of the plantation companies and managements is totally ‘unethical’ and if widely exposed, can even have an impact on our tea business. 

In the meantime, we want to look at the overall picture of the issue in a different perspective. We have been dealing with this issue of the violation of the right of the plantation child for more than 25 years. The motive of the estate managements and companies was always to prevent children of the workers from receiving standard education and thereby retain workers and sustain the plantation industry. We fully stand in solidarity with the estate companies and estate managements to sustain the plantation industry. But, the approach by the estate managements in this issue is totally wrong, lopsided, and will not in any way help to sustain the industry but will only lead to more ruination. Were the companies and managements able to stop the mass migration of working Malaiyagam women workers to the Middle East countries, or the youth to the cities?

We suggest that the companies and managements build a better relationship with workers, think of long-term and short-term plans to retain workers and make the work in the estates more attractive for the workers, think of different styles of management and diversification schemes, and make the workers feel that their FRs are respected. Study the Clean Sri Lanka concept which speaks of good governance, social, economic, and environment sustainability. Study research studies done for the restructuring of the plantation sector. Understand the reality that the colonial system of administration and attitudes is no longer valid and applicable. All of us are eager to sustain the important plantation industry.

We would not be fair if we do not refer to some of the individual estate managers who are gentleman and respect the law of the country and genuinely support the preschools in their estate and also take healthy approaches which helps in building relationships between the workers and the managements.

However, the Malaiyagam people want to know as to what the stand of the Government, the Education Department, and the present Prime Minister and progressive Minister of Education is in this matter: “Do you consider the Malaiyagam people as full citizens of this country and their children having the right for education? What is the Ministry of Plantation’s stand on this?” The Deputy Minister of this Ministry Sundaralingam Pradeep comes from the Malaiyagam community. 

What we want is to once and for all ensure that the Malaiyagam people are truly accepted as citizens of this country and their children’s right for education, especially for preschool education, cannot be challenged by anyone any more. 

With the new political changes in this country, the Malaiyagam people wish that their right to ‘fuller citizens’ of this country will become a reality. 

(The writer is the Executive Director of the Plantation Rural Education and Development Organisation)

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The views and opinions expressed in this article are those of the author, and do not necessarily reflect those of this publication