In Search of Lost Habitat-by Gagani Weerakoon
Source:Ceylontoday
A group of Adivasi (indigenous) community leaders led by Dambana Vedda Chief Uruwarige Wannila Athho came to Parliament last week to present a set of grievances to the newly elected NPP government.
They explained that the Adivasi population across the island currently face various systemic challenges. Adivasi communities find themselves in undeserved situations due to the prolonged failure of successive governments to transform political promises into substantive actions. While many pledges have been made regarding the socio-economic, cultural, and political rights of these communities, these promises have largely remained unfulfilled, lacking both the formal policy framework and legal enforcement necessary to address their needs.
“No leader has ever addressed the concerns of the Adivasi people in Sri Lanka, they don’t even remember us until an Election is around. They have no plans to protect the Adivasi community, yet there are numerous regulations restricting our rights. We are even prevented from performing our rituals in the forests, which is deeply regrettable,” Wannila Aththto said while fielding questions posed by journalists following their visit to the Parliament to meet the Prime Minister.
The Ministry of Environment organised a discussion between the Adivasi community and government stakeholders to review the progress of the Parliamentary Bill drafted to safeguard the rights of the Indigenous community and address existing legal issues related to their fundamental rights.
Speaking at the event, Minister of Cultural Affairs Sunil Senevi emphasised that the Veddas are a historical asset to the country and that it is essential to protect them and ensure their rights.
Minister of Environment Dhammika Patabendi stated that the Ministry would take necessary steps to implement laws and regulations to uphold the rights of Sri Lanka’s indigenous people.
Officials from the Ministry of Environment and the Department of Wildlife outlined the current situation and the measures planned to address the issues faced by the community.
Prime Minister Dr. Harini Amarasuriya highlighted the vital role played by the Indigenous community and stressed that they should enjoy the same rights as all other citizens. The Premier, who reviewed the legal and technical barriers contributing to the challenges faced by the Indigenous community, instructed officials to take the required legal action to secure their rights within the next three months.
The discussion was attended by Minister of Environment Dhammika Patabendi, Minister of Cultural Affairs Sunil Senevi, Deputy Minister of Environment Anton Jayakody, Member of Parliament Sugath Balagalla, Director General of Wildlife Suriyabandara, a delegation of officials from the Ministry of Environment, representatives from the Centre for Policy Alternatives, and members of the Indigenous community.
The Adivasi Bill
Indigenous people- historically referred to as Veddas and presently referred to as Adivasi people- are facing several issues. Some of those grievances are similar to their contemporaries elsewhere while most crucial and urgent issues are unique to Adivasi communities in Sri Lankan while few of them are exclusively location specific. Several studies have been conducted in relation to grievances faced by Adivasi Communities in Sri Lanka. Based on those studies, some actions have been initiated. But most of them have failed to effectively contribute to resolving those existence-threatening grievances of present and future generations of Adivasi Communities in Sri Lanka.
The Adivasi people of Sri Lanka are primarily dispersed across the Uva, Eastern, and North Central Provinces. Notably, the maritime Adivasi population in the Eastern region remain largely neglected, facing unique challenges that are often overlooked. More generally, the Adivasi communities continue to struggle with a variety of issues such as discrimination and challenges in sustaining their daily livelihoods, the use of forests and engaging with the administrative processes of the State. A significant number of these Adivasi population reside in areas such as Dambana, Rathugala, Pollebedda, Dalukana, Dimbulagala, Vakarai, and Muthur in the Uva, Eastern, and North Central Provinces. These communities have witnessed the erosion of their traditional rights to use forests and have increasingly been assimilated into the broader society. However, in doing so, they have encountered considerable economic, social, and cultural hardships. The current situation, exacerbated by an overwhelming debt burden, has further entrenched their vulnerability and worsened their quality of life.
According to the report published by the Department of Census and Statistics of Sri Lanka in 2015 based on the latest Census conducted to date (in 2012), Adivasi communities in Sri Lanka have been placed under the ‘Other’ category due to a reduction of population from 5,300 Vedda persons in 1911 to 400 persons in 1963. Therefore, actual numbers of Adivasi population are not officially recorded at present but it has been estimated to be ranging from 200 to 300 persons. Accordingly, they are groups of indigenous Sri Lankan people who have become a minority in their traditional homeland.
The Bill for the Rights of the Adivasi (Indigenous) community was submitted to the Cabinet in August 2024 after being signed by Vidura Wickramanayake, the Minister of Buddha Sasana, Religious, and Cultural Affairs, and Ali Sabry, Minister of Justice, Prison Affairs, and Constitutional Reform.
The Draft was created through the collaboration of several government departments, including the Ministry of Wildlife and Forest Resources Conservation, the Attorney General’s Department, the Ministry of Justice, Prison Affairs, and Constitutional Reforms, the Legislative Drafting Department, the Ministry of Buddha Sasana, Religious and Cultural Affairs, and the Mahaweli Authority of Sri Lanka, along with the Centre for Policy Alternatives.
The role of CPA
The Centre of Policy Alternative (CPA) in Sri Lanka led in proposing to the government to prepare the Draft Law to protect these indigenous rights.
The CPA has been closely monitoring and researching the challenges faced by Adivasi communities for an extended period. In response to these issues, and at the request of Adivasi leader Uruwarige Vannila Attho, CPA initiated a process to Draft a comprehensive Bill to safeguard Adivasi rights. As a result of this process, approval was granted for the introduction of a new legislative framework regarding the rights of Adivasi people at the Cabinet meeting held on 26 August 2024.
According to Lionel Guruge, the Senior Researcher of the Outreach Unit at the CPA, and Lionel Guruge, the Senior Researcher of the Outreach Unit at the CPA, this Draft, involved six government departments and approximately 14 officials, including those from the CPA. “This process went ahead for more than a year, involved six government departments and approximately 14 officials, including those from the Centre for Policy Alternative”.
“After President Mahinda Rajapaksa signed the United Nations Declaration on the Rights of Indigenous Peoples,(UNDRIP) on 13 September 2007 there has been no significant progress in Sri Lanka. Consequently, the Human Rights Commission invited us to draft a Bill addressing this issue. Former Minister of Justice Wijeyadasa Rajapakshe led the process, and initially signed the Bill along with Vidura Wickramanayaka, the then Minister of Buddha Sasana, Religious, and Cultural Affairs before it was submitted to the then Cabinet.”
The CPA engaged with Adivasi communities across Sri Lanka to understand the myriad issues they encounter in their daily lives. Based on these consultations, a comprehensive document was compiled, which was subsequently presented to the Speaker of Parliament and various key parliamentary representatives in 2023 with the active participation of provincial Adivasi leaders, including the leader of the Adivasi community Uruwarige Vannila Attho.
Although the matter was discussed in Parliament on a single occasion, it was regrettably not pursued further. However, in this context, multiple discussions aimed at revisiting the Bill were conducted with the intervention of the former Minister of Justice. Representatives from key ministries, including the Ministries of Wildlife and Forest Conservation, the Mahaweli Development Authority, the Department of Wildlife, the Department of Irrigation, Sri Lanka Police, the Department of Culture, and the Attorney General’s Department, participated in these deliberations.
Taking into account the input from all stakeholders, the Attorney General’s Department prepared a Draft Bill, which was subsequently presented for the then Cabinet’s approval. However, during this process, the then Prime Minister’s Office and the then Ministry of Finance raised objections to sections 14 and 15 of the Bill. Following discussions at the then Prime Minister’s Office on 5 August 2024, it was agreed that these sections should be revised before being resubmitted for the then Cabinet approval.
“Sections 14 and 15 were removed from the Draft Bill during the previous government’s tenure; however, it is our strong conviction that these provisions should be reinstated in alignment with the principles outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which was adopted by the United Nations on 13 September 2007. These sections are crucial for safeguarding Adivasi rights and must not be excluded from the proposed legislation,” Wannila Aththo insisted.
Issues and grievances
Adivasi communities in Sri Lanka face several challenges to their survival and various issues affecting their progenies. Some of those issues are unique to Adivasi communities while some others are applicable not only to Adivasi communities but also to the society of Sri Lanka at large. While some earnest issues are unique to specific communities, the majority of significant issues are common to all Adivasi or Vedda communities.
Lack of constitutional recognition – Despite Sri Lanka being a party to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and signed it at its inception on 13 September 2007, provisions for formal Constitutional recognition of different Adivasi communities have not been incorporated to the constitution of Sri Lanka. If such recognition had been given, the customary rights in relation to traditional social and cultural customs of Adivasi or Vedda communities would have been assured.
Even though under historical circumstances which are conspicuously different from the Sri Lankan scenario, Canada by Section 35 of the Constitution Act of Canada has legally guaranteed the recognition and affirmation of the rights of the Aboriginal people of Canada which is an example often quoted in relation to formal constitutional recognition granted to Indigenous peoples.
Absence of specific legislation – The Philippines has enacted the Indigenous Peoples’ Rights Act of 1997 (IPRA), which is officially designated as Republic Act No. 8371, recognising and promoting the rights of indigenous cultural communities and indigenous peoples in the Philippines. The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP Act) of Australia enables the Australian Government to protect cultural heritage under threat, if State or territory laws have failed to protect it. Sri Lanka has not enacted distinctly explicit legislation that stipulates provisions for the protection and promotion of the social, cultural, economic, civil and political rights of Adivasi communities.
Even though the above have been identified as common issues by members of the Adivasi communities who have relinquished their traditional lifestyle, the major common issues identified by the Adivasi communities headed by the Adivasi Leader Wannila Aththo are: being deprived of the opportunity of living in their traditional lifestyle integrated with forest where they lived harmoniously with nature performing, celebrating and practising their culture, traditions, rituals and curative practices including medical treatment, being wedged in Micro-financing traps and being ignored and mistreated by government officials when requiring to obtain services for their needs and wants.
