Analyzing the Merger and De-merger of the Northern and Eastern Provinces

By

The Historical and Political Context of Tamil Self-Determination in Sri Lanka


Preamble

The Northern and Eastern provinces of Sri Lanka have long been recognized as regions with a significant Tamil population. Historically, these areas have been predominantly inhabited by Tamils, and their cultural, linguistic, and historical identities have been shaped over centuries. This essay argues that the question of merging or demerging these provinces should be secondary to granting the Tamil people the right to self-determination and land rights. By examining the historical context, the political decisions surrounding the merger and demerger, and the implications of these actions, we can gain a deeper understanding of the core issues at stake.

Historical Context

Before Sri Lanka gained independence in 1948, the Northern and Eastern provinces were distinct regions under British colonial rule. The island, then known as Ceylon, was divided into administrative districts rather than provinces. The Northern Province was predominantly Tamil-speaking peoples, with Jaffna as its cultural and administrative center. The Eastern Province was predominantly Tamil and ethnically diverse, with Tamil, Sinhalese, and Muslim communities 1.

During the colonial period, the British implemented policies that influenced the socio-economic and demographic dynamics of these regions. For example, the British introduced plantation agriculture, but this was concentrated in the central highlands, leaving the Northern and Eastern regions less developed in comparison 2. Jaffna became a hub for education, with missionary schools playing a significant role in literacy and higher education among the Tamil community3. The British census and administrative practices highlighted the ethnic composition of these regions, laying the groundwork for later political and ethnic tensions.

Historical Roots of the Issue

The historical roots of the Tamil self-determination issue in Sri Lanka can be traced back to several key factors:

  1. Ancient History: The Tamil presence in Sri Lanka dates back over 2,500 years, with historical records indicating the existence of indigenous Tamils, Tamil kingdoms, and settlements in the Northern and Eastern regions 1.
  2. Colonial Era: British colonial rule significantly impacted the socio-economic and demographic dynamics of Sri Lanka. The British introduced plantation agriculture, concentrated in the central highlands, and implemented policies that highlighted ethnic divisions 2. The colonial administration's census practices emphasized the distinct identities of the Tamil and Sinhalese populations 3.
  3. Post-Independence Policies: After gaining independence in 1948, successive Sinhalese-majority governments implemented policies that marginalized the Tamil population. These included language policies favouring Sinhala, discriminatory education and employment practices, and land appropriation 2.
  4. Armed Conflicts: The Tamil struggle for self-determination intensified with the outbreak of the Armed Conflicts in 1983. The conflict between the Sri Lankan government and the LTTE led to significant loss of life, displacement, and destruction in the Northern and Eastern provinces 3.
  5. Political Agreements and Amendments: The Indo-Lanka Accord of 1987 and the 13th Amendment to the Constitution attempted to address ethnic tensions by merging the Northern and Eastern provinces. However, the merger faced opposition and was ultimately declared unconstitutional by the Supreme Court in 2006 3.

The Merger and Demerger of Provinces

The concept of merged or demerged provincial administrations in Sri Lanka emerged after 1948, following the country's independence from British colonial rule. The Indo-Lanka Accord of 1987 and the subsequent 13th Amendment to the Constitution introduced the idea of merging the Northern and Eastern Provinces as part of efforts to devolve power and address ethnic tensions. This merger was implemented under the administration led by the Sinhala-majority government.

However, the merger was controversial and faced opposition from various groups, including Sinhalese nationalists. Key political parties involved in opposing the merger included the United National Party (UNP) and the Janatha Vimukthi Peramuna (JVP). Prominent figures such as Ranil Wickremesinghe and Anura Kumara Dissanayake were vocal in their opposition3. The Supreme Court ruling in 2006 declared the merger is unconstitutional and led to the de-merger of the provinces. These administrative changes were driven by political decisions and were not reflective of the historical unity between the provinces before independence.

The Right to Self-Determination

The core questions surrounding Tamil Eelam are whether it is a merger of North and East or a demerger of North and East. However, this debate often overlooks the fundamental issue of the Tamil people's right to self-determination. Historically, the Northern and Eastern provinces have been predominantly indigenous Tamil-inherited land. Therefore, it should not be a question of merger or demerger of the provinces but rather granting the right to self-determination and land rights to the Tamils.

Main Arguments for Self-Determination for Tamils:

  1. Historical Presence: Tamils have lived in the Northern and Eastern provinces for over 2,500 years, establishing a deep-rooted connection to the land 1.
  2. Cultural and Linguistic Identity: The Tamil language, culture, and heritage are distinct and have flourished independently in these regions 2.
  3. Colonial Legacy: British colonial policies highlighted the ethnic composition and distinct identities of these regions, laying the groundwork for later political and ethnic tensions 3.
  4. Discrimination and Marginalization: Post-independence policies by the Sinhalese-majority government have led to systematic discrimination against Tamils, including in language, education, and employment.
  5. International Law: The right to self-determination is recognized under international law, including the UN Charter and major human rights covenants.
  6. Ethnic Homeland: The Northern and Eastern provinces are historically recognized as the Tamil homeland, and this should be respected in any political solution.

International Law and Self-Determination

International law strongly supports the principle of self-determination, which is enshrined in several key documents and treaties:

  1. United Nations Charter: Article 1 of the UN Charter states that one of the main purposes of the United Nations is to "develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples". This foundational document underscores the importance of self-determination in fostering global peace and security.
  2. International Covenant on Civil and Political Rights (ICCPR): Article 1 of the ICCPR affirms that all peoples have the right to self-determination and that by virtue of that right, they freely determine their political status and pursue their economic, social, and cultural development.
  3. International Covenant on Economic, Social and Cultural Rights (ICESCR): Similar to the ICCPR, Article 1 of the ICESCR recognizes the right of all peoples to self-determination.
  4. Decolonization: The principle of self-determination was a driving force behind the decolonization movements of the 1960s and 1970s, leading to the independence of many former colonies.

These international legal frameworks provide a robust foundation for the Tamil people's claim to self-determination, emphasizing their right to freely determine their political status and pursue their development without external interference.

Key Political Leaders in the Merger Controversy

The merger and subsequent demerger of the Northern and Eastern provinces involved several key political figures and parties:

  1. Ranil Wickremesinghe: Leader of the United National Party (UNP) and a prominent figure in Sri Lankan politics. He has served multiple terms as Prime Minister and was a vocal opponent of the merger 3.
  2. Anura Kumara Dissanayake: Leader of the Janatha Vimukthi Peramuna (JVP), a left-wing political party. Dissanayake and his party were also opposed to the merger, advocating for the de-merger of the provinces 3.
  3. Mahinda Rajapaksa: Former President of Sri Lanka and leader of the Sri Lanka Podujana Peramuna (SLPP). Rajapaksa's administration played a significant role in the political landscape during the period of the merger and demerger.
  4. Velupillai Prabhakaran: Leader of the Liberation Tigers of Tamil Eelam (LTTE), a militant organization that fought for Tamil independence. Prabhakaran's actions and the LTTE's insurgency were central to the conflict in the Northern and Eastern provinces.
  5. Chandrika Kumaratunga: Former President of Sri Lanka who was in office during the signing of the Indo-Lanka Accord and the implementation of the 13th Amendment, which facilitated the merger.

Main Challenges for Tamils in Sri Lanka

Tamils in Sri Lanka face several significant challenges, including:

  1. Recognition of Eelam Tamils’ Indigenous rights in Sri Lanka: The political and social landscape of Sri Lanka's Northern and Eastern provinces has been shaped by decades of conflict and controversy, particularly surrounding the recognition of Tamil people's rights. Central to this discourse is the need to address Indigenous rights, self-determination, and the historical ties of Tamil communities to their land.
  2. Urge to uphold and respect the UN Declaration on the Rights of Indigenous Peoples (UNDRIP): The UNDRIP is a landmark international instrument that establishes minimum standards for the survival, dignity, and well-being of Indigenous peoples. Recognizing Indigenous peoples' inherent rights to their lands, cultures, and self-governance, the declaration outlines various provisions, including:

o   Article 3: Affirms the right of Indigenous peoples to self-determination. This includes the freedom to determine their political status and freely pursue their economic, social, and cultural development.

o   Article 4: Stipulates that Indigenous peoples have the right to autonomy and self-government in matters relating to their internal and local affairs, alongside means for financing these autonomous functions.

o   Articles 25-32: Address rights related to lands, territories, and resources, emphasizing the importance of maintaining spiritual and cultural relationships with their ancestral lands.

The declaration was adopted by the UN General Assembly with overwhelming support, although some countries, including Canada, initially voted against it. Canada eventually lent its support in 2010 and in 2016 committed to implementing the declaration without qualification, signalling a significant shift in its stance on Indigenous rights.

Legal and Policy Frameworks

Several legislative efforts have been undertaken in Canada to align its laws and policies with the principles of the UNDRIP:

·        Bill C-15: Enacted in 2021, this bill affirms the application of the UNDRIP in Canadian law and commits the government to take concrete actions toward its implementation.

·        Treaty Rights: The recognition of historical treaties and the negotiation of modern treaties continue to be central to advancing self-determination for First Nations.

·        Land Claims: Settlements and agreements aimed at resolving disputes over land ownership and usage play a crucial role in empowering Indigenous communities.

  1. Land Rights and Displacement: The legacy of the Armed Conflicts has left many Tamils displaced and struggling to reclaim their land. Land grabs under the guise of archaeological initiatives and military occupation continue to affect Tamil communities 1.
  2. Political Marginalization: Despite promises of devolution and constitutional reform, Tamil communities often find themselves politically marginalized, with limited representation and influence in government decisions 2.
  3. Economic Disparities: The Northern and Eastern provinces remain less developed compared to other regions, with limited access to economic opportunities and infrastructure 2.
  4. Human Rights Violations: Tamils continue to face human rights abuses, including militarization, repression, and restrictions on freedom of expression and assembly 2.
  5. Cultural and Linguistic Discrimination: Policies favouring the Sinhalese language and culture have led to the erosion of Tamil cultural and linguistic identity 2.

Conclusion Summary

The historical and political context of the Northern and Eastern provinces of Sri Lanka underscores the importance of prioritizing the Tamil people's right to self-determination and land rights. The debate over merging or demerging these provinces is secondary to recognizing the Tamil people's deep-rooted historical and cultural connection to the land. Addressing this core issue is essential for achieving a just and equitable solution for all communities in Sri Lanka. By overcoming the challenges faced by Tamils, such as land rights, political marginalization, economic disparities, human rights violations, and cultural discrimination, a more inclusive and peaceful future can be envisioned for the country.

REFERENCES’

1.         SAMSN. (n.d.). Northern and Eastern Provinces, Sri Lanka: Legacy of Conflict. Retrieved from https://samsn.ifj.org/northern-and-eastern-provinces-sri-lanka-legacy-of-conflict/

2.         Oakland Institute. (n.d.). The Destroyed Land, Life, and Identity of the Tamil People in Sri Lanka. Retrieved from https://www.oaklandinstitute.org/sites/oaklandinstitute.org/files/endless-war-web.pdf

3.         Wikipedia. (n.d.). Sri Lankan Tamils. Retrieved from https://en.wikipedia.org/wiki/SriLankanTamils

4.         Sangam. (n.d.). De-merger: Lessons for the Future. Retrieved from https://sangam.org/taraki/articles/2006/11-06_Demerger.php

5.         Wikipedia. (n.d.). Indo-Sri Lanka Accord. Retrieved from https://en.wikipedia.org/wiki/Indo-SriLankaAccord

6.         LawNet. (n.d.). Wijesekera and Others v Attorney General. Retrieved from https://lawnet.gov.lk/wp-content/uploads/2016/11/006-SLLR-SLLR-2007-V-1-WIJESEKERA-AND-OTHER-v.-ATTORNEY-GENERAL.pdf

7.         Wikipedia. (n.d.). Thirteenth Amendment to the Constitution of Sri Lanka. Retrieved from https://en.wikipedia.org/wiki/ThirteenthAmendmenttotheConstitutionofSri_Lanka

8.         SpringerLink. (n.d.). Right to Self-Determination Under International Law. Retrieved from https://link.springer.com/referenceworkentry/10.1007/978-3-319-68846-6_673-1

9.         United Nations. (n.d.). United Nations Charter. Retrieved from https://www.un.org/en/about-us/un-charter/full-text

10.     OHCHR. (n.d.). International Covenant on Civil and Political Rights. Retrieved from https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights

11.     OHCHR. (n.d.). International Covenant on Economic, Social and Cultural Rights. Retrieved from https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights

12.     Princeton University. (n.d.). The Princeton Encyclopedia of Self-Determination. Retrieved from https://pesd.princeton.edu/node/511

13.     Daily FT. (2025). Political rupture in Sri Lanka: What lies ahead? Retrieved from https://www.ft.lk/columns/Political-rupture-in-Sri-Lanka-What-lies-ahead/4-767677

14.     JURIST. (2025). 'The Basic Issue Is a Lack of Political Will': Land Rights and Reconciliation in Sri Lanka. Retrieved from https://www.jurist.org/features/2025/04/01/the-basic-issue-is-a-lack-of-political-will-land-rights-and-reconciliation-in-sri-lanka-interview-with-academic-mahendran-thiruvarangan/

15.     Drishti IAS. (n.d.). Issue of Tamilians in Sri Lanka. Retrieved from https://www.drishtiias.com/daily-updates/daily-news-analysis/issue-of-tamilians-in-sri-lanka

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