Official Languages Commission - taking up a fresh challenge

Neil Dias

The protection and enforcement of language rights in our country has been a burning issue since independence. Prior to independence all the powers that came to colonize the country which included the Portuguese, the Dutch and the English in turn imposed their respective languages on all the communities in the country without any room for protest or opposition. The position in regard to the use of language during the Sinhalese kings should be made the subject of a detailed research by the Official Languages Commission under Section 7 of the Act. Soon after independence section 29 of the Soulbury Constitution sought to protect minority rights and interests by providing a fortress of entrenched rights in all spheres of activity including language.

Dr N M Perera

Dr Colvin R de Silva

The Official Language Act No. 33 of 1956 which made Sinhala the sole official language changed all this. The provision came to be rightly regarded as an attempt to impose an alien language on people. The Tamil people felt that they were being discriminated against and treated unfairly by the introduction of these measures. A deep sense of oppression and alienation began to prevail and develop among them. Tamil speaking people who were comfortable with the use of the English language began to fear that they were losing their positions in government service and lagging behind in the spheres of education and higher education. Both Dr. N.M. Perera and Dr. Colvin R de Silva spoke in Parliament and outside in opposition to these new measures and expressed their anxiety that the measures will lead to ‘two torn and bleeding states.’ They declared that the “only solution for the language problem is one that will give proper official status to the Tamil language. This alone will ensure the unity of the country.”

International law

The use of their languages by minority or less numbered communities or any section of people is guaranteed by International Law. Article 27 of the International Covenant on Civil and Political Rights (ICCPR) mandates states to afford protection for the language rights of less numbered communities. An individual is empowered to complain to the Human Rights Committee, the body established to monitor the implementation by States party of the ICCPR and its Protocols against any violations of these rights and freedoms. The constitutions of the United States, Canada, Switzerland, India and South Africa have enlarged and adopted these measures and have incorporated the protective provisions into their constitutions.

The South African Constitution of 1996 under Article 6 recognizes eleven official languages including English. The other languages which are so accommodated are Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, isiNdebele, isiXhosa and isiZulu. The state is constitutionally mandated to take practical and positive measures to elevate the status and advance the use of these languages. The national government and the provincial governments are by legislative and other measures constitutionally mandated to regulate and monitor the use of all official languages. All official languages must enjoy parity of esteem and must be treated equitably. A Pan South African Language Board established by national legislation must promote and create conditions for the development and use of all official languages and also promote and ensure respect for several other languages commonly used by communities in South Africa and used for religious purposes.

Ten Year National Plan

Article 29 of the Indian Constitution decrees that any section of the citizens resident in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. No citizen shall be denied admission into any educational institution maintained by the state receiving aid out of state funds on grounds only of language, race, caste, religion or any of them.

Having brought back peace and stability to the country our Head of State has embarked on an ambitious Ten Year National Plan for a Trilingual Sri Lanka which incidentally, according to Dr. Sunimal Fernando, is “the first comprehensive document on the subject originating from a head of state adopting as its priorities the creation of an ethnically harmonious society by supporting the equal spread of languages.” While frankly admitting that the state has failed to cater effectively to the language and through it the cultural needs of the people, the plan, the implementation of which is spread over a period of ten years, is phased out into three stages.

The first four years is to be the piloting phase, the second spread over five to eight years is planned to be the expansion phase and the third and final phase will be devoted to the consolidation of the gains and achievements made during the earlier two stages. No institution dealing with the three languages or affected by them will be left out of the programme and the leadership and direction will be provided by the setting up of two major supra agencies namely the Language Agency of Sri Lanka (LASL) and the National Agency for Language Research and Training (NALRT) directly under the President.

Official Languages Commission

Under this plan the Official Languages Commission is expected to be awakened and revitalized into exercising its lawful powers and functions in keeping with the spirit of Chapter 1V of the Constitution which confers official and national status to both languages while making English a link language. The commission which has been created under an Act of Parliament (Act No.18 of 1991) enacted in pursuance of Article 18 (4) of the constitution is mandated to, under the historical circumstances detailed above, recommend to the President principles of policy relating to the use or nonuse of the Official Languages and to rigorously monitor and supervise compliance with the provisions contained in Chapter 1V of the Constitution.

It is constitutionally and legally mandated to also promote the appreciation and esteem of the official languages and the acceptance, maintenance and continuance of their status, equality and right of use.

The Commission is empowered to conduct investigations on its own initiatives and in response to complaints made to it and to take remedial action as provided for by the provisions of the Act creating it. Additionally the Commission is empowered to initiate reviews of any laws and regulations, directives or administrative practices which affect the status or use of any of the three languages. This will require the Commission to supervise and monitor the activities of all government departments, Central and Provincial, law enforcement agencies and other institutions including all educational and higher learning institutions in their day to day work in regard to the fostering and implementation of the three languages. The Commission is empowered to issue and commission such studies and policy papers on the present and past status or use of the relevant languages as it may deem necessary and desirable. It is also empowered to undertake educational activities including sponsoring or initiating publications or other media presentations on the status or use of the three languages as it may consider desirable. The Commission can also appoint such committees as may be necessary to assist the Commission in the performance of its duties consisting of such number of members that may be determined by the Commission.

Legal status

The Commission is mandated to investigate every complaint made to it arising from any act done or omitted in the administration of the affairs of any public institution relating to the status and use of any of the three languages and particularly whenever such complaint discloses that the constitutional or legal status of an official language is or was not being recognized or the right to the use of the three languages in the manner set out in Articles 20 to 24 of the Constitution is or was not being recognized or complied with.

The Commission will also investigate any complaint regarding any provision of any Act of Parliament or any regulation, rule order, notification or by law made there under relating to the status or use of any of the three languages or any directive given by a public institution or an administrative practice thereof in compliance with Chapter 1V of the Constitution is not or was not being complied with.

The Commission is empowered, also in very wide terms, to investigate whether the intent of Chapter 1V of the Constitution is or was not being respected or complied with. It is significant that both the past and the present are covered in no uncertain terms.

Wide powers are conferred on the Commission in regard to the investigation of complaints made to it and report to the relevant individuals or organizations or government departments. These provisions, regrettably, have so far not been adequately utilized either by people or organizations with grievances or even the Commission. Its amazing how people who were prepared to immolate themselves or blow themselves up along with scores of innocent people in the cause of these and related violations did not have the resolve to utilize these provisions to fight for their rights. Even those that are engaged in desperate bids to haul the country up before international tribunals may be well advised to concentrate some of their energies in these endeavours. It is up to the Commission to undertake an effective and vigorous campaign in all parts of the country and outside in regard to these matters.

Applications for relief

One of the vital aspects of the law setting up and operation of the Commission is the provision in regard to applications for relief or redress that are permitted to be made to the Supreme Court and the Provincial High Courts in regard to responses by the Commission.

This is an area which needs immediate amendment in order to decentralize this process and make it simpler and less technical. Supreme Court and Court of Appeal Rules often impose cumbersome technicalities and deter easy access to justice. Courts are mandated to give rulings not strictly legal but rulings that are just and equitable in regard to these applications. The Privy Council in the Devanayagam case referred to above (United Engineering Workers Union V Devanayagam (1967) 69 New Law Reports 289) dealing with the Industrial Disputes Act has ruled that the concept of just and equitable confers on the body conferring such relief an unfettered discretion to do what is just and fair.

A lot remains to be done and the Official Languages Commission under the direction and immediate supervision of the President and Vasudeva Nanayakkara being the Minister in Charge are fully prepared to take up the challenge.

The telephone Number of the Commission is 2871378. The Commission is situated at No.341/7 Kotte Road Rajagiriya.