How Premadasa turned the Official Language Policy upside down

By Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development
(Part I of this article appeared yesterday)

On a comparison of the provisions in JR’s 1978 Constitution and Ranasinghe Premadasa’s 16th Amendment one can clearly see how the Official Language Policy of Sri Lanka has been turned upside down through this Amendment. Let us take Article by Article and compare them:

Art. 18(1). The Official Language of Sri Lanka shall be Sinhala.

16th Amendment did not touch this Article. If this was amended it would have been too conspicuous. Leaving it untouched helped them to hoodwink the unsuspecting people with the false belief that Sinhala still remains the official language of the whole country.

Art. 18 (2). Tamil shall also be an official language.

18 (3). English shall be the link language.

Art. 19. The National Languages of Sri Lanka shall be Sinhala and Tamil.

These three Articles were also left untouched as there was no necessity to repeal or amend them to achieve their objective of replacing Sinhala as the official language. Leaving them untouched helped them to use the provisions in these Articles for achieving their objective.

Language of administration

Articles 22 (1), 22 (2) and 22 (3) in the 1978 Constitution dealing with the language of administration in the country were repealed and new Articles substituted by the 16th Amendment.

Under the 1978 Constitution, while Sinhala, The Official Language, was the language of administration throughout Sri Lanka, Tamil was also used as the language of administration in the Northern and Eastern Provinces.

After the 16th Amendment, (i) Sinhala is no longer The Official Language of Sri Lanka and Sinhala is no longer the language of administration throughout Sri Lanka. Under the 16th Amendment, (ii) Sinhala and Tamil both are languages of administration throughout Sri Lanka; (iii) Use of Sinhala as the language of administration is confined to seven provinces of Sri Lanka other than the Northern and Eastern Provinces; (iv)There is no similar limitation imposed on the use of Tamil language as the language of administration in the rest of the country, though practically Tamil is used as the language of administration in the Northern and Eastern Provinces; (v) Under the Proviso to Article 22 (1), President has power to create minority linguistic ethnic units at the Divisional Secretariat level using a language different from the language of administration in the province and direct that the language used by the linguistic minority in the District be used as the language of administration for such area.

This proviso is a very dangerous one that can be used by racist politicians of ethnic and religious minority political parties as a bargaining tool in their dealings with power-hungry political leaders in the South during election times.

As reported in the national press, during the 2005 Presidential Election, Muslim Congress of Rauff Hakeem decided to support Ranil Wickremesinghe after the latter had agreed to a 67-point list of demands including autonomy for a Muslim Region in the East. A political group working in the plantation areas extended its support to him after he had accepted 19 demands presented by them including the appointment of Tamil Grama Niladharis for estate areas and the creation of separate Divisional Secretariats for areas with a concentration of plantation workers in the South.

This is a step by step process. First, they get local government areas with a linguistic or religious majority created by removing people belonging to other communities. That is how they got four new Pradesiya Sabhas exclusively with Tamil representation in the Nuwara Eliya District at the last local government elections. Their next step is to get these Pradesiya Sabha areas declared Divisional Secretariats. After that they can take the third step of converting them into administrative units using Tamil as the language of administration of such area.

Already there have been disputes between the Tamil and Muslim communities in Kalmunai each community demanding a separate Divisional Secretariat for themselves. A few months back it was reported that Saindamaruthu had been declared a separate Municipal Council area. Under this provision there is a possibility of using even Arabic as the language of administration for some of such areas like Kattankudy/Saindamaruthu or Wilpattu.

Under Article 22 (2) the 1978 Constitution, any citizen residing anywhere in the country was entitled – (a) to receive communications from and to communicate and transact business with any official … or (b) to obtain a copy of … any official … document or a translation thereof – in either of the National Languages;

Under the 16th Amendment, (i) In any area where Sinhala is used as the language of administration a person is entitled – (a) to receive communications from and to communicate and transact business with any official …. or (b) to obtain a copy of … any official … document or a translation thereof – in either Tamil or English;

(ii) In any area where Tamil is used as the language of administration a

person is entitled – a) to exercise the rights and obtain the services referred to above in Sinhala or English ;

Under Article 22 (3) of the 1978 Constitution, a local authority in the Northern and Eastern Provinces conducting its business in either of the National Languages … is entitled to receive communications from and to communicate and transact business with any official … in such National Language.

Under Article 22 (4) of the 16th Amendment, a Provincial Council or a local authority conducting its business in Sinhala … entitled to … transact business with any official … in Sinhala and Provincial Council or a local authority conducting its business in Tamil … entitled to… transact business with any official … in Tamil.

However, a Provincial Council or a local authority, ….. transacting business with any other Provincial Council or a local authority,……functioning in an area in which a different language is used as the language of administration …. entitled to …. to communicate and transact business in English.

By the 16th Amendment, English has been raised to the level of the Official Language of Sri Lanka, or at least to the level of a national language of Sri Lanka.

Language of Legislation:

Articles 23 of the 1978 Constitution dealing with the language of legislation was repealed and a new Article substituted by the 16th Amendment.

Art. 23 (1) of the 1978 Constitution required all laws and subordinate legislation to be enacted and published in both National Languages together with a translation in English Language.

In the event of any inconsistency between any two texts, the text in Sinhala, the Official Language prevailed.

Under Art. 23 (1) of the 16th Amendment all laws and subordinate legislation required to be enacted and published in Sinhala and Tamil together with a translation thereof in English.

Proviso – Parliament to determine at the time of enacting legislation which text to prevail in the event of any inconsistency between texts.

There is no difference in the substantive provision. Both are the same.

However there is a fundamental change in the law, as to the text that should prevail in the event of any inconsistency between any two texts.

Under the 1978 Constitution, it was the text in the Official Language that should prevail. Now there is no Official Language in the country.

Under the 16th Amendment, at the time of enacting legislation, Parliament to determine which text to prevail in the event of any inconsistency between texts.

This provision may lead to dangerous consequences if the Parliament decides the English text to prevail in the event of any inconsistency between Sinhala and English texts in the case of a vital Bill enacted by a government heavily dependent for its survival on the support of racist parties like the TNA and the SLMC.

Sometime back the whole country saw how Sumanthiran threatened and stopped Lakshma Kiriella, the Leader of the House of UNP government from continuing his speech in Parliament.

Article 22 (4) of the 1978 Constitution required all Orders, Proclamations, Rules, By-laws, Regulations and Notifications made or issued under any written law … and all other official documents including circulars and forms issued or used by any public institution or local authority, to be published in both National Languages.

There was no requirement to publish the said documents with a translation in English. Only laws and subsidiary legislation enacted by Parliament published with a translation in English.

Until 1987, there had been no Provincial Councils. Only local authorities were there. Local authorities were also required to publish by-laws, regulations, notifications … circulars and forms issued or used by them in both National Languages.

Article 23 (2) of the 16th Amendment requires all Orders, Proclamations, rules, by-laws, regulations and notifications made or issued under any written law, other than by a Provincial Council or a local authority, and the Gazette to be published in Sinhala and Tamil together with a translation thereof in English.

Under Article 23 (3) of the 16th Amendment, all Orders, Proclamations, rules, by-laws, regulations and notifications made or issued under any written law by any Provincial Council or a local authority, and all other official documents including circulars and forms issued or used by such body or any public institution or local authority, required to be published in the language used in the administration in the respective areas in which they function, together with a with a translation thereof in English.

All the documents mentioned above made or issued by any public institution, other than a Provincial Council or a local authority, need to be published in both national languages – Sinhala and Tamil, together with a translation in English.

Under the 1978 Constitution, there was no such requirement for publishing the said documents together with a translation in English.

Under the 1978 Constitution, all by-laws, regulations, notifications … circulars and forms issued or used by Local authorities were required to be published in both National Languages.

Under the 16th Amendment there is no requirement for publishing any Orders, Proclamations, rules, by-laws, regulations, notifications made or issued by any Provincial Council or a local authority, and all other official documents including circulars and forms issued or used by such body in both National Languages.

They need to be published only in the language of administration in the area in which they function, together with a with a translation thereof in English.

The language of administration in the Northern and Eastern Provinces is Tamil and when all the above mentioned official documents published only in Tamil language it will result in a grave injustice to the Sinhala people resident in the North and the East. They are being totally deprived of their language rights.

Language of Courts

Article 24 (1) of the 1978 Constitution dealing with the language of courts in the country has been repealed and a new Article substituted by the 16th Amendment.

Under Art. 24 (1) of the 1978 Constitution, Sinhala, the Official Language, was the language of courts throughout Sri Lanka and accordingly court records were maintained and proceedings conducted in the Official Language;

Tamil was also used as the language of the courts exercising original jurisdiction in the Northern and Eastern Provinces and their records kept and proceedings conducted in Tamil.

Under Article 24 (1) of the 16th Amendment, Sinhala and Tamil are the languages of courts throughout Sri Lanka and Sinhala shall be used as the language of the courts situated in all the areas of Sri Lanka except those in any area where Tamil is the language of administration. The record and proceedings shall be in the language of the court.

As Sinhala is no longer The Official Language of Sri Lanka, there is no need to maintain records and conduct proceedings in Sinhala in areas where Tamil is the language of administration.

Language of Admission to Public Service

Article 22 (5) of the 1978 Constitution dealing with the language of admission to public service in the country has been repealed and a new Article substituted by the 16th Amendment.

Under Article 22 (5) of the 1978 Constitution, a person was entitled to be examined through the medium of either of the National Languages at any examination for the admission of persons to the Public Service, Judicial Service, Local Government Service, a public corporation or a statutory institution, subject to the condition that he may be required to acquire a sufficient knowledge of the official language within a reasonable time after admission to such service, etc., where such knowledge is reasonably necessary for the discharge of his duties.

Under Article 22 (5) the 16th Amendment, a person is entitled to be examined through the medium of either Sinhala or Tamil or a language of his choice at any examination for the admission of persons to the Public Service, Judicial Service, Provincial Public Service, Local Government Service or any public institution, subject to the condition that he may be required to acquire a sufficient knowledge of Tamil or Sinhala as the case may be, within a reasonable time after admission to such service, etc., where such knowledge is reasonably necessary for the discharge of his duties.

a. removed the requirement of persons seeking admission to the Public Service, Judicial Service, Provincial Public Service, Local Government Service or any public institution being examined through the medium of either of the National Languages – Sinhala or Tamil;

 Now the applicant has the choice of deciding the language he is to be examined. It may be English or even Arabic.

 In fact, this has been brought for the purpose of opening the public service to those students of International Schools who receive their education in English medium and who do not know either Sinhala or Tamil.

b. removed the requirement of persons joining the Public Service acquiring a sufficient knowledge of the official language within a reasonable time after admission to such service;

Now, there is no requirement of any public servant in the North and the East acquiring any knowledge of Sinhala language; He has only to acquire knowledge of the language as is reasonably necessary for the discharge of his duties – that is Tamil.