A/HRC/34/53/Add.3
including the police, as well as the absence of enforcement powers to ensure that final
determinations and recommendations are implemented are additional obstacles. 2
III. Overall challenges for minorities
A.
Governance and political participation
17.
The current administration must be commended for taking progressive steps to
include the voices of the general public in the ongoing reform processes. Both the Public
Representations Committee on Constitutional Reform and the Consultation Task Force on
Reconciliation Mechanisms have reached out and listened to thousands across the country.
18.
The unprecedented level of public participation in this exercise has created a great
deal of hope. However, for this momentum to be maintained, the public should be kept
regularly informed of developments at all stages of the process. The sense that minorities
are generally excluded from most areas of decision-making and power structures was
pervasive. Among the many challenges and issues raised, one underlying root cause of all
grievances was the inadequate levels of minority participation and representation in major
institutions and decision-making bodies and the resultant frustration with systemic social
and political marginalization. The dominance of the Sinhalese and Sinhala as the de facto
sole language in these bodies were cited as a major hindrance to minority participation. The
Special Rapporteur also heard that civil society participation in governance matters is only
possible for those who have personal connections. Additionally, it was evident that the
ethnicization of politics, and the polarized environment that is prevalent at every level of
governance are not conducive to the protection and promotion of minority rights. In such a
polarized and adversarial political environment, political dialogue and negotiation become
extremely difficult, as each (majority and minority) community may push for ethnically
biased and manipulated political agendas and prioritize them at the expense of the ordinary
citizens’ interests.
19.
While the idea of community participation and inclusive governance seem to have
gained currency in limited circles in Colombo, particularly among those that are driving the
reform and reconciliation agenda, it is clear that the rest of the country has yet to overcome
the various impediments that are the result of decades of non-participatory governance. To
fulfil promises of good governance, it is crucial that all institutions are reflective of the
society’s ethnic, linguistic and religious diversity.
B.
Linguistic rights
20.
The various language policy changes made by successive administrations
historically contributed to the ethnic tensions that exist today. The introduction of the 1956
Official Language Act, which declared Sinhala as the only official language, is said to have
been the most devastating of all, fortifying the existing grievances and the ethnic and
linguistic divide that eventually triggered the civil war.
21.
The Special Rapporteur was informed that previous and current administrations have
begun taking important steps to promote multilingualism, including the Official Languages
Law and the National Trilingual Policy (2012-2020), which aim at the equal promotion of
Sinhala, Tamil and English. Learning of a second language (Sinhala or Tamil) has been
made compulsory up to the ninth grade. Moreover, a State policy in the form of a circular
2
6
Ibid.