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非凡 |- © 心妍 5张 甜而

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Human R In the Plantation

ights
Sector

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(
HUMAN RIGHTS IN THE THE PLANTATION SYSTE CIVIL AND POLITICAL R. FRANCHISE CIVIL RIGHTS The right to ownership of Settlement Arbitrary arrests and res' movement The rights of children an child labour and exploita Structural desecrations a Civil and political rights v from within the plantatio ECONOMIC RIGHTS SOCIAL AND CULTURAL Language Rights Right to Education Right to Health Occupational reasons Living Environent Economic reasons Discrimination Ignorance CULTURAL RIGHTS WOMEN'S RIGHTS Patriarchy in the plantati impact on women Education and women in Health and Reproductive Violence against women Raising social consciousr THE ROLE OF NGOSAN) IN DEFENCE OF HUMAN Non-Governmental organ Trade Unions POSSIBLE AREAS OF AC

ΣONTENT
PLANTATION SECTOR M GHTS CITIZENSHIP AND
land and right to
rictions on freedom of
i a failure to prevent tion ind inequality of rights riolations stemming n community
RIGHTS
on and its
plantations Roles
62SS
DTRADE UNIONS
RIGHTS
ZatiOnS
TION
O 11
12 13 14 14 17 2O 21 21 22 22 22
24
24 25 25 26
27 28 29 29

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PREFACE
The presence of a Tamil comm has figured as an issue in Sri Lank time. Two legislative enactments pa parliament, soon after independence The Citizenship Act of 1948 and election law passed in the following democratic rights of a large mass of ers. During the past fifty years, the reluctance to recognize all plantati citizens of the independent Sri Lank basis of economic, social and politi they continue to suffer.
It appears that there ha policy consensus among the country to exclude the plantation Tamil com of public-policy making. Until the community was treated as a part ( between India and Sri Lanka. T began to pay attention to plantation context of electoral alliances, regime strikes.
Parallel to the exclusion of plan sphere of public policy has been thef by Sinhala nationalist elements a interests of the Sinhala communi emanating from plantation Tamils. tion workers launched trade unior demands, the Sinhalese nationalis part of a Tamil ethnic conspiracy. S ideologues have even gone to the plantation Tamils were a well- org unpatriotic minority.
But when we look at Tamil plar the point of view of human rights ar an entirely different picture. Planta families are at the bottom of the s Irrespective of the fact that the employment in the plantation sector continue to remain thoroughly b: health, housing, nutrition etc., there structural barriers for them even r

unity in the plantations as politics from time to assed by Sri Lankas first 2, directly affected them. the amendment to the g year took away basic Tamil plantation workre has been an official on Tamils as legitimate ca. This constitutes the ical marginalization that
s been something like a 's main political parties munity from the sphere
1960s, the fate of this of inter- state relations hereafter, governments workers mainly in the eneeds and trade union
tation workers from the ear constantly promoted bout threats to the ty which they saw as
Whenever the plantal strikes on economic stinterpreted them as a ome Sinhalanationalist
extent of stating that ganized, privileged and
ntation community from ld social justice, we see ation workers and their cale of social progress. Se vorkers do have , their social conditions ackward. In education, still remain formidable ninimum standards.

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Meanwhile, the recer of the plantation sector ( the progress of the plant which now controls the p to be interested in long
Term structural chal approch is required to cha production, labour relati periods of primitive ac primitive social infrastru the private capital appea
The focus of the pre rights in the plantation Association, in collaborati human rights activitists, a workshop in 1997 on t presented there on the plantation sector provide
We acknowledge wit by the late Mr. Charles workshop and preparingt Sri Lanka's human rig always emphasized that plantation workers were a problem of human rights of socialjustice and emar nities should concern th democracy in Sri Lanka.
We hope that this tribute to the memory of
JAYADEVA UYANGC Social Scientists Associal

htchanges in the political economy do not seem to contribute much to ation society. The private capital lantation management is unlikely
nges in this sector. An entirely new ange the backward technologies of ons that should belong to early cumulation of capital, and the cture, Neither the government nor r to recognize this need.
sent publication is on the human society. The Social Scientists ion with a number of political and researchers and academics, held his theme. The reports and ideas status of human rights in the d the material for this publication.
h gratitude the leading role played
Abeyesekera in organizing the he final report. An active leader of hts movement, Mr. Abeyesekera the human rights issues of Tamil nintegral component of the broader . It was his belief that objectives lcipation for marginalized commuLe struggle for human rights and
publication will be an appropriate
Mr. Abeyesekera.
)DA tion

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HUMAN RIGH THE PLANTATION
The people of the plantation se rights this Conference is concern puposes as comprising Tamils of proved controvasial with sorne 'Sri Lankan Tamils', 'Hill Country Tarmils' . The term 'Tamils of In adopted because govemment legis official documents including birth referred to this community in this
The Conference also agreed to for the definition of human rights th on Civil and Political Rights (ICCPR enant on Economic, Social and Cl the Convention on the Elimination C Women (CEDAW) and the Covena dren.
The Plantation System
The plantations in Sri Lanka century as a colonial system that England, land resouces in the co South India to grow products for exp imported from South India primarily peasantry was not totally divorcedf therefore unwilling to offer their la This labour, therefore defined as Iived on the plantations under a labour management and were deni the employer was responsible for health and education and for the This system has undergone chang with the nationalization of plant

TS N
SECTOR
ctor, with whose human led were defined for its Idian origin'. This term participants preferring Tamils or 'Up-Country dian origin' was finally slation, agreements and certificates to date have
Way.
take as referenoe points e International Covenant R), the International Covultural,Rights (ICESCR), of Discrimination Against ht on the Rights of Chil
originated in the 19th combined capital from untny and labour from bort markets. Labour was y because the indigenous rom their lands and were bour to the plantations. Tamils of lndian origin, a regimented system of led any right to mobility;
their welfare including supply of goods needed. e over tune, in ownerhip ations and Subsequent

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privatization and in sys of trade unions. T responsibility for their to integrate those serv Nevertheless some aspet observed.
The Tamil labour f religion, were located population living in th the plantations, the Tan opporunity ofinteracting have remained largely population and subject numbers of them are franchise.
The many violation to in this paper arise f
Civil and Political and Franchise
Civil and political citizenship rights.The q this community has bee since the country beco general understanding th alienelement in the pop that time to exclude ther to their disenfranchisen political representation. India on this issue, res numburs would be given number indian; but th position of statelessnes encounterd by - Tamils grams of repatriation / ( citizenship to Tamils of the country's ethnic con

Human Rights
em of management with the growth he estate has taken over the social welfare and has attempted ices with nation - wide schemes. its of the original system are yet to be
orce, speaking Tamil and Hindu by within a Sinhala Buddhist e surrounding areas. Restricted to lil community did not have much orintegrating with othergroups.They unintegrated with the rest of the to discrimination in many areas; still deprived of citizenship and
s of human rights that are referred rom this basic situation,
Rights citizenship
rights flow from the enjoyment of uestion of the citizenship rights of in clouded under controversy ever me independent in 1948, with a hat.Tamils of Indian origin formed an ulation. Citizenship was defined at major part of thecommunity, leading ent and the denial of their rights to
Discussions were launched with ulting in agreements that certain Sri Lankan citizenship and a lesser is agreement also left some in a s. A great deal of hardships was of Indian origin, under these proleportation. Since then the issue of ndian origin has been embroiled in
lict.

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In the Plantation Sector
These developments have led two categories or classes of citizensł and citizenship by registration. Th criminates against Tamils of In Violation of ICCPR Part III article 2
The law shall prohibit any ( antee to all persons equal against discrimination on a colour, sex, Ianguage, religi ion, national Orsocial origin Status.
An additional problem concern situation whereby citizenship wa Indian Origin through the impleme or agreements. This has resulted regarding the rights and requiremer citizenship by registration. This ha a number of areas. For example, Tamils are usually required to p certificate. For those who gained "Grant of Citizenship to Stateless 1988, a certificate was notissued a face significant problems in exerc chise. This contravenes Part m, AI
Every citizen shall have the without any of the distinctic and without any unreason: and to be elected at genuin
The Conference, taking into con persons of this community to all ful mends that all these pieces of legisl citizenship of Sri Lanka be define normally and permanently resident of its independence - 4 February 1 that all persons so entitled be de addition, all persons of this group v citizenship under various subsequ the option to change such decisi measure will be the correction of a

7
to the existence today of hip-citizenship by birth his situation clearly disidian origin which is a 6 which states:
discrimination and guar
and effective protection iny ground such as race, on, politcalor other opinl, property, birth or other
ing citizenship lies in the Ls granted to Tamils of ntation of 7 distinct laws In significant differences 1ts between those holding Ls serious implications in when enrolling to vote, roduce their citizenship citizenship through the Persons (Stateless Act)", nd those people therefore ising their right to franticle 25, b which states : right and the opportunity ons mentioned in article 2 able restrictions... to vote Le periodic elections...
sideration the right of all ndamental rights, recomation be repealed and that 2d to include all persons in the country at the time 948 - and their issue and fined as Sri Lankans. In who opted to adopt Indian Lent laws should be given on if they so wish. This un historical injustice.

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This should also c( applicants and the application for Indian cit families and are now mo: children, who were unc submitted, are still livin married and living inse reluctant or unwilling t Lanka
The children of t deprived of employment are unable to apply for a not eligible for entrance
The Conference proposed 17th amendme a person continuously should have equal right This will sol e the prob. holders and their issue.
Civil Rights
The Conference ident the civil rights of Tamils some stemming from th include:
S The right to settlement
This issue involve Indian origin haver of the houses and (often for generatio Second, the comml nation from the wi the failure of the go' tion creates signifl Tamils of Indian or area. This violates States:

Human Rights
over the 84,000 Indian citizenship ir families. These persons made izenship on behalf of their respective stly dead or old. The majority of their ler 18 when the applications were g on the plantations; they are now aparate families and are therefore ) leave their mother country - Sri
hese Indian passport holders are
and higher education rights. They ny government employment and are into higher education in Sri Lanka.
recommends an amendment to the nt, introducing a clause stating that resident for more than five years s with other citizens of the country. lem of the 84,000 Indian passport
ified a number of other areas where of Indian origin are being violated, le lack of citizenship rights. These
ownership of land and right to
s three elements. First, Tamils of epeatedly been promised ownership and they have occupied on estates ins). To date, this has not occurred. unity is isolated and faces discrimider community. This situation and vernment to redress the discriminacan t obstacles to the freedom of igin to settle outside the plantation Part III, article 12: 1 Of ICCPR Which

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In the Plantation Sector
Everyone lawfully within the within that territory, have movement and freedom to c
Third, as a result of this dom to settle, Tamils of Indian the benefits of state sponsore are accessible to other sect Addressing discriminations of comments a/under article 4 ICCPR: A. General comment crimination), paragraph 10, st
It should also be pointed ( equality sometims requires affirmative action in order
conditions which cause or h nation prohibited by the co
The Conference recommend ment ~ of ownership of both ho currently resident on the planta campaign of affirmative action. capacity of the Tamils to exercis of settlement. It is important ti Issues that are a component of There is a danger that the transf would be made to males; it is is situation since it would increa females on patriarchal communi
In the meantime, the Confe) the residences of plantation wor then be considered as free res Trespass Ordinance should not against the freedom of movemer UN Declaration and in our Const

9
: territory of a State shall, the right to liberty of choose his residence
restriction on their freeorigin are excluded from d housing schemes that lons of the population. this nature, the General 0, paragraph 4, of the no.l8(37) cl, cl (non-distateS:
out that the principle of s States parties to take to diminish or eliminate help perpetuate discrimiVenant
s the immediate conferuse and land to those tions as part of a wider This will facilitate the e their right to freedom o recognise the gender this recommendation. er of house and/or land mportant to avoid this Lse the dependency of ty structures.
rence recommends that kers and approaches to idential zones and the
be applicable as it is ut as provided for in the itution.

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S Arbitrary arres movement
Arbitrary interfere arbitrary detention occ context. These are viola and article 9 respective
No one shall be interference wit spondence
while article 9 states:
Everyone has t person. No one : or detention...
Tamils of Indian C these breaches of evil ri ate documentation (su detention. In addition, register their name at a display their names out urban areas clearly viol ment as detailed in Par
The difficulties ex obtaining identity cards rently receipt of an to submit a birth certific Tamils of Indian origin plantation management during periodic bo Consequently there are who are unable to obtair Part III, article 16, whic
Everyone shall ) where as a pers

Human Rights
is and restrictions on freedom of
nce such as identity card checks and ur frequently in the current security ions of ICCPR under Part marticle 17 ly. Article 17:1 states:
subjected to arbitrary or unlaw full h his privacy, family, home or corre
he right to liberty and security of shall be subjected to arbitrary arrest
rigin are particularly vulnerable to ghts as they often lack the approprich as an identity card) to prevent the policy that requires Tamils to police station when travelling and to side homes both on the estate and in ates their right to freedom of move: m, article 12: l.
perienced by plantation Tamils in exacerbate security problems. Curidentity card requires the applicant ate. This causes difficulties for many these records were maintained by s and were subsequently destroyed its of racial violence (1972-1987). a number of Tamils of Indian origin an identity card This violates ICCPR l states:
ave the right to recognition everyin before the law

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In the Plantation Sector
The Conference recommends that regulations regarding the documen issuing identity cards for these pers an amendmentofthe birth certificate of independent Tamil registrats for reduce the plantation community managements.
S The rights of children and a labour and exploitation
The problem of child labour in S bcingl recognised as a major prob exploited and abused as domestic in manufacturing, as well as in the tion sector, due to the poverty, unem social conditions has emerged as 't in Sri Linka While the are regulati protect childrcn from this situati effectively enforced and thereforeth ICCPR Part III, article 24: 1 are not
Every child shall have, withc to race, colour, sex, langua social origin, property or measures of protection as a as a minor, on the part of h State.
The Conference recommen effective implementation of laws child labour.
Child Labour is permitted Ordinance and the Wages Board categorise of workers: male, fem Issues should be amended and th 18 years of age. It needs to be curtail the right to employment ployed youth between the ages search of employment.

11
the government modify ttation requirements for sons We also recommend act, and the appointmcnt the plantation sector to 's dependence on estate
failure to prevent child
Sri Lanka is increasingly lem. Children are being servants in urban areas, sex industry. The plantaployment and prevailing he womb' for childlabour ons in Sri Lanka that on, they are not being e requirements set outin being met. This states:
but any discrimination as age. religion, national or birth, the right to such rerequired by his status is family, society and the
ds the immediate and that prohibit the use of
in the Indian Labour Ordinance of 19-9 (3 hale and child). These e age limit be raised to noted that this would for some of the unenof 12 - 18, who are in

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S Structural dese
The Conference W. discrimination against" a violation of rights ac the provision ofstate se lar relevance to the p hospital maintenance nity, a lack of Ta nil spe as well as the provision ( wider community and
The Conference plantation communit Gramasevaka and the the isolation of the Inc would ensure their civ
Si Civil and politic within the plantation
Besides the specifi of the Tamils of Indian ence also identified viola hierarchical structures This discussion covere( class and caste structu within the community, tion brought about by and a management S maintaining communit
The Conference focused campaign to within the community implementation of th ducted in the context links between Tamils community- living in

Human Rights
crations and inequality of rights
:nt on to identify further instances of amils of Indian origin that constitute zording to ICCPR. Discrimination in rvices was highlighted, with particuaucity of bus services, inadequate in comparison to the wider commutaking welfare workers and midwives of other social services available to the assential to civil society.
suggests the integration of the
y into the Divisional Secretariat, local government system to reduce lian Origin Tamil community. This vil rights.
alrights violations stemming from community
c violations of civil and political rights Origin referred to above, the confertions stemming from oppressive and within the plantation community. i issues such as the perpetuation of res, the problems of leadership from the existence of gender discrimina
patriarchal community structures ructure with a vested interest in y stratification.
recommends the initiation of a raise awareness of these issues . The Conference stressed that the e above recommendations be conof maintaining strong community of Indian Origin and the Sinhalese the plantation sector.

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In the Plantation Sector Economic Rights
Tamils of Indian origin workin been able, through struggles waged trade union rights and obtain consi However, these gains now appear to of moves by the government to priv:
management of the plantations adjustment program- The first ste taken five years ago when the manaĮ were given to private companies wi out to them. The final step of transf ownership is now under way.
The major issues arising fro follows: (i) reduction of the number o increase of task norms - a den earning a reasonable wage. (ii) refusal to register new wor (ili) the discontinuation casual a violation of labour laws, thu EPF, ETF and legal access to i (iv) the retrenchment of staff an retired persons on a casual ba of residential and other entitl hitherto enjoyed. (v) Disregard of judicial direct that of Labour Tribunals and
ment.. (vi) non-implementation of one of the privatization package - tł be allocated free to the worker (vii) Social Welfare is curtailed : to the Wages Board Ordinance welfare in the computation of worker has been violated.

g on the plantations have over a long period, to win Herable gains as workers.
be in jeopardy as a result atized the ownership and as part of a structural =ps to privatization were gement of the plantations th the land being leased erring the land to private
om privatization arc as
f working days and the ial of the human right of
kers. workers after six months, Is depriving a worker of residential facilities.
d their replacement with sis, thus depriving them ments which they have
ves and decisions - e.g. of the Labour Depart
of the basic components at 10% of the shares will ; by the state. nd neglected. According the 10% component for he wage of a plantation

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The Conference rect by all the trade unions in that the privatization p1 the wages and working c.
Social and Cultural
The specific rights to attention, within the large set out below.
S Language Rights
Article 27 of the ICC rights of the minority com
"In those states in V minorities exit, pel shall not be denied Other members of cultime, to profess to use their OVVn 1
Article 30 of the CC (1989) too -recog child.
Article 12 (1) of th Persons belonging and Linguistic M Resolution 47/135 the language right
Persons belonging and linguistic min own culture, to pro ant to use their O freely and withou Crimination.

Human Rights
ommends a concerted campaign the plantation sector to ensure rocess does not adversely affect onditions of plantation workers.
Rights
which the Conference devoted its 2 area covered by these rights, are
PR (1966) recognizes the language
munitieS:
which ethnic, religious or linguistic rsons belonging to such minorities l the rights, in community with the their group, to enjoy the ir own and practice their own religion, or anguage."
onvention of the Rights of the child nizes the language rights of the
e UN Declaration on the rights on g to National or Ethnic, Religious
inOrities (ŮN General assembly; 5 of 18 December 1992) -recognizes
ܕ ܐ
g to national or ethnic, -religious orities have the right to enjoy their )fess ant practice their own region, wn law, in private and in public, t interference or any form of dis

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In the Plantation Sector
Sri Lanka recognized Tamil 1987 but limited it as the langua tration in the Northern and Easte. of record and administration in t the majority of the plantation Sinhala The Constitution also recC to communicate with the governm her choice, that is in Tamil, Sin these rghts are generally not rcspel have been taken to implement outside the Northen and Eastern
The reasons for the lack of
Attempts by successive g "Sinhalasize "state struct Sinhala was declared the 1956, ideologically based o tion.
ii Lack of commitment far b of political will on the part
iii. Anti-Tamil attitudes in
iv. Inadequate human re: tional capacities for an ef the language policy; thoug tute 26% of the total~ only 8% of the state servic
v. Inadequacy of the laws : to legally compel the sta constitutional provisions
proper community/civilial for the language right of th
Tamils of Indian origin er arising from language difficulties dealing with all government instit with whom they come into freq stations, post offices, hospital marriages and deaths. They are

15
as an official language in fe of record and adminisin provinces; the language he other provinces, where community lives, was gnises the right of persons entin the language of his/ hala or English However, ted and neaningfull steps this right; in the regions
provinces.
mplementation are many:
overnments in power to ures from the time whein
only official language in in concept so far assimila
bi-lingualism and the lack of the political leadership
the state bureaucracy.
sources and the instituective implementation of h Tamil speakers constipopulation they comprise
S.
overning language policy e to practice effectively )n language. vi. Lack of
initiatives and lobbying e Tamils.
2ounter many problems n their day to day life: in tions, particularly those ent contact, like police 1, registrars of births, so subject to numerous

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problems in areas such as also arise in the administr other tribunals often cond judgements in Sinhala or article 14:3:f, which states
In the determinatic him, everyone shal mum guarantees, i promptly and in de stands of the natu against him. (f) to interpreter if he c language used in C
This situation has sig receive less education thal therefore are forced to ~rely are able to speak Sinhala
The Conference makes til
L. An intensive car
Z-AARAFIma zmN4-ruar aussa sa aurra a un 4

Human Rights
public transport. Acute problems ation of justice where Courts and uct their proceedings and deliver hly. This violates ICCPR Part III, .
s
on of any criminal charge against 1 be entitled to the following miniin full equality... (a) to be informed tail in a language which he underure and the cause of the charge have the free assistance of an annot understand or speak the Ourt.
nificant problems for women who n men in the community. Women y on those in their community who -this is generally men.
he following recommendations:
mpaign-gn for the speedy and
LLLL0LLALALLLL LLLL LLLTT LLL LL LLL LLLLLLSqqqL qALL LALL LALq qq LAALLLLLAqL LAL LAL

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In the Plantation Sector
S Right to Education
Education is a resourc essential for the social progre tion Tamil community.
Article 13 of the ICESCR tion Article 29(1) of the Conver ( 1989) recognizes the right makes the state parties respc
Article 27(h) of the Sri L commitment to "the complete assurance to all persons of th access to education at all leve
Part III, article 26 of I
The law shall prohibit antee to all persons ( against discriminatio colour, sex, languag opinion, national or s other status.
Clarifyingthis point, tl article 40, paragraph comment No. 18(37) b/
(Article 26 does not m already provided in ar autonomous right. It or in fact any field reg authorities... In other principle of non discr 26 is not limited to tho: in the Covenant.
Further, the rights t language is protected
article 2 1 ( 1 ) of 1978 -
Sinhala or Tamil.

17
e that should be considered ss and mobility of the planta
recognizes the right to educahtion on the Rights of the Child of the child to education and onsible for its fulfilment.
anka constitution affirms its eradication of illiteracy and the le right to universal and equal els”.
CCPR states:
any discrimination and guarequal and effective protection h on any ground such as race, e, religion, political or other ocial origin, property, birth or
he General comments a/under 4, of the ICCPR: A. General , c/ (nondiscrimination) states:
herely duplicate the guarantee ticle 2 but provides in itself an prohibits discrimination in law ulated and protected by public words, the application of the imination contained in article se rights whichare provided for
O be educated in one's Own in the Sri Lankan Constitution person to be educated in either

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But Tamils of Indian orig rights of equal access to educa There is overwhelming evidence tion exists in accessto, and qual Indian origin. This is evidentinh student teacher ratios, the qual employed in the plantation sec dents (as a proportion of the tertiary education. Another asp absence of any Tamil national sc the Central Province and otheral appointment of Sinhalese and M educational administratorsto Ta
a CalS.
One example of the kind of release of students' report cards are unable to read and are there of assessing ~their children's pr
The problem of inequalities acute for women, who leave scho a higher rate of illiteracy. Onc dependency of the female comm
Discrimination in the field of edu of reasons:
i. Political and social segre,
ii. DiSCriminations in reSOu. ity of facilities - instituti equate teachers and traine iii. Absence or insufficient c look after the interest of th community.
iv. Absence of the commitin existing political leadershi educational development.
V. Lack of resources and oth facilitate the educational de port, lack of managerial ca) of Commitment of the teach dialogue.

Human Rights
in have been denied these tion in their own language. that significant discriminaity of education for Tamils of ligher drop-out rates, higher ity and quantity of teachers tor and the number of stucommunity) progressing to rect of discrimination is the hools or technical colleges in reas. A further problemis the Muslim principals and other mil Schools in the plantation
problems this creates is the in Sinhalese to parents who fore denied any opportunity ogress.
in education is particularly ol earlier than men and have :e again this increases the unity.
cationarises from a number
gation of the community.
rce allocations and availabilons, infrastructures, inadd teachers.
adres in the departmentsto Le educational needs of this
hent and political will of the ) and community Ieaders to
erfacilities to encourage and velopment-economy, transpacity of the principals, lack Lers, lack of parent teachers

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In the Plantation Sector
The Conference recommen
i. A review in dept structures- and meas
ii. The preparation effective and accel improvement of pla immediate objectiv educational facilitie enjoyed by other s within a specific pe include provision f education as well.
iii. A campaign for e both material and h
iv. The establishmer mechanism to mon quality of education
v. An exploration oft educational mains providing learning a kating to incomic gen devclopment.
vi. Mobilization of cc paign for the equal plantation children. est of the communit, role models.
vii. The plantation nurture and presery oommunity, by pro-i ies, libraries, etc.

19
ds
h of the current education ures needed to improve them.
and implementation of an erated pro gramme for the Lntation for education. The e should be to improve their is and standard to the level egments of the population 2riod. This programme must or vocational and technical
quitable resource allocation, Luman by the government,
it of a special administrative itor the administration and
he possibilities of non-formal as an alternative means of nd skills, and as a means of rating activity and enterprisc
Immunity leadership to cam
rights of education of the In addition, increasing inter7 on education. also pronding
eople thus ha-e the right to e a cu-tural system in their ding access to aesthetic stud

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20
S Right to Health
Health is a basic nght of ev responsible for the provision of services to all citizens without
Article 25 Of the Univesal de states that:
Every one has the rig adequate for the health herself and his/her fam housing and medical ca) ices and the right to
unernployment, sicknes
age...".
Article 12 of ICESCR recognizc: enjoyrnent of the higbest atta and rnental health.
The constitution of Sri Lan cally provide for health as a fun sive governments have followed; comprehensive, preventive, cura care easily accessible to the popl this accessibility was denied to
Sri Lanka with a low perc high quality of life. Life expectan males and 74.2 for fernales. In indicator of PQL, is remarkably However, these benefits are not population. There are, indeed, population and Tamils of Indiar easily identifiable gloup. Womer offthan their male counterpart female specific welfare indicator very low.

Human Rights
rycitizen. The staternustbe proper and equitable health idiscrimination.
claration of Human Rights
ht to a standard of living and well-being of himself / ily, including food, clothing, re and necessary social servsecunty in the event of is, disability, widowhood, old
s the right of everyone to the inable standard of physical
ka however does not specifidamental right. But, succesapolicy of providingf free and tive and rehabilitative health ulation over the decades. But Tamils of Indian origin.
apita income can boast of a cy is as high as 69.5 years for fant mortality rate, another ow (7.2 per 1000 live births). shared by all sections of the
depnved grwps within the , origin make up of one such in the plantations are worse . Their status in relation to s such as matemal health is

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In the Plantation Sector
Most Vulnerable Victi plantation workers are inf: of 5 years, pregnant and la children.
The reasons for this situal following rnanner
I. Occupational reasons:
(a) Poor and unhcalth the rnajor reason fort
Women work longerh rainy season specially grown and mid growr exposed to - ext-newe dampto hot and hu bronchitis, pncumonia mon respiratory disea
(b) Poor working patt basl-cts have been id back ache and develop which are commonly s
(c) Use of agro-chemic chemicals and the app anotherarea of occupa
II. Living Environent
(a) Bad and crowded h ventilation facilities.
(b) Sanitary conditions mainly due to the wid and chemical fertiliza cides), lacloc of toiletsa proper waste disposal

21
ms of malnutrition among the nts and children under the age rating mothers and School going
ion could be categorized in the
y working conditions are one of he wide spread of sickness.
purs in the field even during the with low tempela-e in the hightea areas Ihey are constantly ather conditions from chilly and mid conditions. As a result a; pleurisy and asthma are comSeS.
em: climbing hills with heavy entified as pnmary reasons for ment of utero-vaginal prolapse een among the women workers.
als: Un-protected usage of agrolication of chemical fertilizers is tional health hazard and death.
Ousing without proper lights or
Highly polluted drinking water spread usage of agrochemical (which are often uscd in suind other facilities, lack of any systems.

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III. Economic reasons:
(a) Insufficient income.
(b) In sufficicnt (low) and ul, tion) of food.
(c) Inability to afford for pr
(d) Inability to afford pro impacts. (Investing for war the house etc.)
IV. Discrimination:
(a) Segrcgation of the planta national health system anc scrvices provided to the pli
(b) Ethnic repression and psychological disturbunce
V. Ignorance
(a) Lack of awaress on disease and its preventive
The Conference makes the fo regarding the right to health:
L. Steps be taken to study frame work and approp incorporate/integrat roquirement including facilities of Tamils of Int
IL. A study must be cond the Plantation Housing a must be taken to make transparent.

Human Rights
hbalanced intake (consump
oper medical care.
tection from environmental m clothing, fuel for heating
ation health system fronn the low standards in the health antation SectOr.
ethnic violcnce leading to S.
hygiene, health, nutrition, methods.
llowing recommendstions
the National Health Policy rilate actions be taken to 2 therein the health appropriate infrastructure lian origin
ucted on the operations of nd Welfare Trust and steps ;his trust accountable and

Page 25
In the Plantation Sector
III. A continuous ed plantation people to:
(a) Educate the basic right and th provide proper an
(b) inprove wor women workers,
gally accountable (this indudes irn safeguards on occ
(c) Higbligh the h tation sector cam
IV. An effectiYe progr Idsure. for building c social evils like alcohol
V. Existing housing p plantation sector thr housing must be revie houslngwith necessary
CULTURAL RIGHTS
The plantation system where the ernployer had col of the workers. Some aspec exist even today. It has deni tunity to take control of controlimposed on them th: tion fom this cultural cont) autonomous cultural advan panding aesthetic studies a
Article 15 Of the ICES( covenant to ~cognise the ri cultural life and cultural a

23
1cation programme among the
)eople to realize health as their le accountability of the state to d equitabae health services.
king conditions, specifically of and make the management lefor occupational health hazards. plementation of ILO and other upational health etc).
ealth and nutrition in the planpaign for its improve meot.
amme for the creative use of ommunity life and preYenting isn.
)olicy and pro-ramma for the ough PHWT and ministry of wed in order to ensure proper
Services.
originated as a total system ntrol overevery aspect of the life is of this situation continues to ed to the community the opportheir life, independently of the "ough their occupation. Liberaol is essential for the free and cement to this comrnunity, exnd access to libraries.
2R requires state parties to the ght of every one to take part in dvancement. Article 22 Of the

Page 26
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Universal Doclaration of Huma cultural rights of everyone as dignity and the free developmen plantation peoples thus have th serve a cultural system in their
The Conference believes past to ensure the rule o violence to defeat dissent rights of Tamils of Indian cultual identity. Space
autonomous cultural e them in national life on
WOMEN'S RIGHTS
Patriarchy in the plantation a
Plantation society is a m From superintendents, c-icf cl supervisors (Kanganies), male d ded at different levels of the soc more than 50 percent of the pla yet to assume positions of pc decision making at the leadersh control power structures; ther superintendent refusing to dea leader simply by virtue of her be institutions-family, work interactwithoneanothertocreate subordination, producing and cial structures. The existing co etheless cut across class, caste also takenother forms of Socia between men and women. Won in the middle-east as domestics agents. It has noted that the representation ofplantation wo

Human Rights
un Rights to recognize the
indispensable for his/her of his/her personality. The e right to nurture and precomrnunity.
that attempts madc in the f the majority and the use of havc seriously retarded the origin to freely express their must be provided for their xpression whileintegrating a basis of equality.
nd its impact on women
odd of dassical patriarchy. erlos, tea makers and field omination is deeply embedrial field. Women constitute ntation population. They are ower and authority in any ip levd since men invariably e is an instance of a rnale with a woman trade union illg fernale.Theinterlocking place and state relations of domination and reproducing patriarchal Sonditions of oppression, non and gendcr. Patriarchy has control goveming elations len who do find employment are often exploited by local e was, no real or adequate men at the Confernce

Page 27
In the Plantation Sector
Women form over 50p in the estate economy. Th same wage as men. But su wages as they are for men. not receive thc same supp called free feeding or the al male wages. In most estates paid directly to women, but husbands.
Men thus not only ap home, but have access to a even the matemity benefits, family maintenance. House most exclusively by women social function. Womenexpe pression ; the burden of woricplace, the burden of ethnic community, manifes
Education and women in
Due to the burden Offa and caring for the elderly a denied access to educatio) tional expcctations, vis-a-V their subordination within of girl children as domestic under more ohen than not reinforce the exploitative si
Health and Reproductive
Women's rights to hea nal mortality and infant ) national ave-ages for this st with facilities for use of co vented from accessing serv rights to bodily integrity ar to reproduction have been forced sterilizations). This

25
2rcent of the plantation workforce ey work for longer hours for the pplements are not added to their For instance, women workers do lement to their monthly income lowances which are added to the in the up country, wages are not are collected on pay day by their
propriate women's labour in the und control over their wages and Women's income is expended on hold production is performed al. Reproduction is their dominant erience not dual but multiple optraditions, the burden of the the household and as a distinct stly unjust discnmination.
plantations
mily responsibilities of nurturing und the young, females are often in and filrther education. Tradiris the duties of women sustain the household. The employment is outside the plantation scotor, , semi slave conditions serves to tuation of women.
Roles
|th are adve-scly affected. Matermortality rates are higher than actor. Women have been provided ntlaceptives but have been preices of family planning and their ld freedorn of choice with regard seriously infringed upon (such as denial partly stems from a com

Page 28
26
munity perception of fear of gen tion diminishing rapidly. The i make choices and decisions to right as been fiercely resisted by Women are also prone to occup
Violence against women
Sexual abuse and violence tions. Women are battered, rape there is a growing nurmber o alleged accidental household d Domestic violence or wife batte girls who scrve as dornestics C physically exploited but sexuall employer and forced to retum pregnancy.
Raising social consciousness
Admittedly there is little
rights issues. Ihere is need anc raising on social issues affecting and women who constitutes th marginalised need to be sens freeodom as equal citizens and tural and ideologicall, with regarı labour and education.
The Conference m rocommendations towards structursl in equalities and s man rights in the plantations
i. For trade unions and N. alternative leadership fo community organisatior organisations at al decis as superintendents shou
ii. Trade unions and NG sentation for women in a

Human Rights
Locide, of seeing thr populaindividual woman's right to cxercise her reproductive the men in the comrnunity. ational health hazards.
is widespread in the plantad, harassed and abused and f cases of suicides, incest, leaths and sexual violence. ry is relatively high. Young ften end up being not only y abused in the home of the home with an unwantod
or no social awareness On i spaoo for more awarcness g the plantation community hen lost disadvantaged and sitised on their rights and particularly practices, cul"d to reproduction, marriage,
lakes the following redressing inequitiks/ trengthening women's hu
GOs to make pro~isions for or men and Women in all ns, political palties, front ion making levels. Women ld be encouraged.
Os to ensure greater repreall fora.

Page 29
In the Plantation Sector
iii. Conducting gender for plantation women a designed by those with consciousness and gen cultural and legal conc
iv. Undertake periodici discrepancies and ineq ethnic and caste, and in
v. Intervention and a and wider community.
vi. Exploitation of wom
The role of NGOs and in defence of Human
The Conference calls up other other social service o Tamils of recent Indian orgir. sector, to take effective actio of human rights among ther vide a basis for the protect opposition when such rights
A necessary pre-condit dom of all such organizatior carry out their work without forces.
Trade unions are in CO the larger and older trade u: emergence of new made u adverse effects on some par assumingt that the emerge group needs that need artic
Law enforcement autho to the managements of plan

27
Sensitising programme specially nd men; such programmes to be the most serious/critical level of der sensitivitytosocial, political, erns affecting women.
al studies to look into gender ualities, discrimination, class, troduce mechanism for redress.
Lction on alcoholism on Women
en going to Middle-East.
trade unions Rights
Don all NGOs, trade unions and rganizations active among the particularly in the plantation n in COncert to raise aWareness m; such awareness should protion of their rights and active
are violated.
ion for such activity in th frees to develop themselves and to any intervention from external
mpetition for membership and hions are prone to obstruct the nions. This pratice can have .s of the plantation work force, hce of new unions rcflect new ulation.
rities are now prone to pay heed tations and intervene in lawful

Page 30
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trade union agitation and/or placed on thc legitimate activit tions should cease.
Trade unions have war rec and from the managements of p of recognition must be extende accepted as legitimated action tiOnS.
On their part NGOs tra organizations must provide ab the practice of internal democr tions open and transparent an mismanagement.
Non-Governmental organizati
The Conference noted that active among the Tamils of possibility ofthere acting in con rivalry and competition forfundi or cordination among the NGOs duplication of activity.
Efforts to form a mechanis among the many NGOs in this se such mechanism however, mus identity and authenticity of the
While this may take some NGOs explore the possibility of alliance s to work in concert constitutional reform is now C possible for NGOs and other or strengths on the issue of citize to overcome the many difficult Indian origin in establishing the ship.
NGOs must also recognize the local level, sincc it must be interests of thc people.

Human Rights
strikes: difficulties arc also ies of NGOs. Such interven
ognition from the governmet lantations, This same degree ld NGOs too and their work from civil society organiza
ade unions and other asis for their recognition by acy, by making their operad by avoiding allegations of
ions
a large number of NGOs are (ndian origin and that the certis sometimes impeded by Ing. There is little consulation and this leads sometimes to
m to encourage consultation actor needs to be encouraged; st evolve with respect for the ; various partieipant NGOs.
time, it is necessary that the f getting together or building
on specific issues. Since on thc agenda, it should bc ganizations to combine their nship; such action may help ies that the Tamils of rocent ir right to Sri Lankan citizen
the need to build alliances at 2 their objective to serve the

Page 31
In the Plantation Sector
Trade Unions
Trade union Ieaders to multiplicity of trade union affect the intrests of their n which engage the attention C are common to all of them; better served if there is comn such issues.
Managements also exp. unions in competition. They trade union Ieaders by offel such as promotions. A self-re should not fall prey to such
As has been pointet ou! in the ranks of union leade) women mako up about 50 needs to be a conscious atte leadership lvels and to pro emergence.
It is possible that after trade unions will be more private managements on wa must not, however, divert t tinuing pressure on govern) plantation workers still face such as citizenship and acc
Above all, trade unions the many problems that plan better addressed through a
POSSIBLE AREAS OF ACT
Having given consider particularly thc immediatep rights of the people of recen of the organizations workin

29
be conscious of the fact that a s in competition can adversely embership. Many of the issues f trade unions from time to time the interests of workers will be hon action by all trade unions on
loitthe existence of a number of also attempt to suborn emerging ing them various inducements specting trade union Ieadership
tactics of subversion.
t earlier, thc presence of women rship is negligible, even though % of their membership. There mpt to train women for work at vide specific avenues for their
privatization of thc plantations, engaged in negotiations with ges and conditions of work; this hem from the necessity of conment to solve the problems that as members of the larger society ess to state social welfare.
must recognize that redress of tation workers still face could be human rights approach.
ON
ation to thc current situation, roblems, concerning the human tlndian origin and the capacity g among them, the Conference

Page 32
30
suggests that action be initiate trade unions on the following lir
1. The formation of a col trade unions on human
tion areas; this should be of T.U. and NGO leaders Task Force for Human R persons from a nurmbe Task Force would be al people effieiently and eff them with access, when man Rights organization
2. The launching of a c citizenship issue - the cor reform and one of the ar. question of citizenship . to press upon thc govern the necessity to resolve th of recent origin for good o the Conference.
3. An action programn facilities in the plantatio the study and review of sary reforms designed facilities available, inclu cal education, for planta and training of teachers for plantation schools et
In view of the underst education among planta be desirable for the imple attendanec at Schools a secondary stage of educ
4. An action programme including a campaign control their reproductic

Human Rights
d by concerned NGOs and
eS
mmon Forum of NGOs and rights issues in thc planta2 followed, after the training ship, by the formation of a ights comprising of selected r of organizations. Such a ole to serve the plantation cetivey and also to provide
necessary to national Hu
S.
'oncerted campaign on the nstitution is currently under eas under discussion is the It would be therefore timely ment and all political parties le citizenship issue of Tamils in the lines recommended by
he to improve educational in sector; this would involve existing conditions, necesLO improve the educational ding vocational and technition youth, the recruitment from within the community C. *
anding that modvation for tion families is low, it might mentation of laws that make t least upto thce end of the ation Compulsory.
to improve health facilities, to assure to their right to
),

Page 33
In the Plantation Sector
5. Action to ensure functions of the wel established for the p and that wider Trade its decision-making
6. The organization a informal education p these could includel English as apart of if areas, populareduca such programmes ml of good supportive m of books and pamp necessary for huma: Sector.
7. A campaign on occ plantation workers s. the authorities for th regard.

31
that the purpose, mode and fare Trust Fund that has been blantation sector are publicized Union and NGO participation in processes is ensured.
nd active promotion by NGOs of rocesses for adults and youth; anguage classes in Sinhala and Drmal educationin multi-lingual tion on human rights and peace; ust be backed by the production aterial including the publication bhlets. These programmes are n resoures development in thc
2upational safety and health for ince there is a lack of respect by he prevailing regulations in this

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Movement For Inter Raci
Kandy Frendshi No. 4, Jayaratne Mawatha,
Tel: 584380
P d{& PASSO

al Justice and Equality, p Foundation
Colombo – 5, Sri Lanka.
594229
CIA TES