Territorial Contestation and the Politics of Religious Expansionism
Briefing Note
A Geopolitical and
Human Rights Assessment of the Thaiyitti Land Dispute
The Strategic
and Socio-Cultural Landscape of Valikamam North
The Jaffna Peninsula,
specifically the region of Valikamam North, has long stood as a theater of
profound strategic importance and cultural significance in the Sri Lankan
socio-political landscape. The village of Thaiyitti, situated near the coastal
enclave of Kankesanthurai (KKS), currently serves as the epicenter of a
localized yet high-stakes conflict regarding land ownership, religious
hegemony, and the perceived militarization of civilian spaces.1 To understand the current escalation of protest activity and
the resulting state response, one must first locate Thaiyitti within the
broader historical trajectory of the Sri Lankan civil war and the subsequent
post-conflict environment. The region was fundamentally transformed in 1990
when the Sri Lankan military established a sprawling High Security Zone (HSZ)
to protect the Palaly airfield and the Kankesanthurai harbor.1 This strategic necessity necessitated the mass eviction of
thousands of Tamil families, whose ancestral properties were absorbed into a
military-administered vacuum for over three decades.3
The transition from an
active conflict zone to a contested civilian-military space following the
formal end of hostilities in 2009 has been characterized by a slow and
inconsistent process of land restitution. While the state has returned several
thousand acres to original owners, significant portions of Thaiyitti remain
under military control.3 The core of the current
grievance lies in the utilization of this unreleased land for the construction
of the Tissa Raja Maha Vihara, a Buddhist temple that local residents and
administrative reports identify as an illegal structure built on private
property.5 This situation has fostered a deep-seated sense of
institutional inequality among the Tamil population, who perceive the state as
operating under a dual legal standard that prioritizes the expansion of
Sinhala-Buddhist symbols over the fundamental property rights of Tamil
civilians.5
Historical
Evolution of the Thaiyitti Displacement and Land Tenure
The land tenure system
in Jaffna is historically characterized by Thesawalamai law and a strong
attachment to ancestral titles, many of which date back to the colonial and
early post-colonial eras. In Thaiyitti, families possess certified deeds going
as far back as 1925, establishing a continuous and legally documented presence
on their land.5 The 1990 displacement
severed this connection, turning a self-sufficient agricultural community into
a displaced population dependent on government assistance or marginalized in
urban centers.3
The military’s
consolidation of this territory shifted from a de facto wartime
occupation to a de jure legal acquisition through government gazettes,
most notably in 2013.3 Under the pretext of
"national security" and "development," over 6,000 acres in
the Jaffna Peninsula were formalized as state acquisitions, a move that
bypassed the consultation of local landholders.3 While the security situation significantly improved, the
military maintained its grip on these lands, frequently repurposing them for
commercial agriculture, tourism, and—most controversially—religious
infrastructure.3
|
Timeline of Land and Conflict in Valikamam North |
Strategic and Social Impact |
|
1925 |
Earliest recorded land titles for families in Thaiyitti;
establishment of agricultural self-sufficiency.5 |
|
1990 |
Mandatory evacuation of Thaiyitti and surrounding villages for
the Palaly High Security Zone.1 |
|
2009 |
Cessation of armed conflict; military maintains HSZ despite
the absence of LTTE threats.3 |
|
2013 |
Ministry of Lands issues a circular/gazette for the
acquisition of over 6,000 acres in Jaffna for "security and
development".3 |
|
2015 |
Change in administration leads to the release of some lands,
but 10 acres in Thaiyitti remain unreleased.5 |
|
2018 |
Foundation stone laid for the Tissa Raja Maha Vihara by the
Northern Governor.2 |
|
2021 |
Accelerated construction of the temple under the command of
General Shavendra Silva.1 |
|
2023 |
Divisional Secretary issues a formal report confirming the
construction of the temple as illegal and unauthorized.2 |
|
2024-2025 |
Escalation of regular Poya day protests and administrative
challenges to the temple's existence.1 |
The Tissa Raja
Maha Vihara: Mechanisms of Illegal Construction
The establishment of the
Tissa Raja Maha Vihara in Thaiyitti is viewed by local residents and political
observers as a centerpiece of "Sinhalization"—a process defined as
the state-backed demographic and cultural transformation of the Tamil-majority
North-East.6 Unlike established
Buddhist sites in the Jaffna Peninsula, such as the Naga Vihara or Nagadeepa,
which are respected by the local Tamil community and integrated into the
regional history, the Tissa Raja Maha Vihara is a post-war creation built atop contested
civilian land.5
Administrative records
from the Divisional Secretariat indicate that the temple was constructed
without the requisite approvals from the local Pradeshiya Sabha or the regional
planning authorities.2 The construction was
largely facilitated by military labor and logistical support, effectively
placing the project beyond the reach of civilian law enforcement.2 The military involvement reached its zenith in 2022 when
General Shavendra Silva, then the Chief of Defence Staff and a figure of
significant controversy in the context of human rights, attended a sacred relic
installation ceremony at the site.6 This high-level
military endorsement signaled to the local population that the temple was an
extension of the state’s security apparatus rather than a purely religious
endeavor.6
The All Ceylon Buddhist
Congress (ACBC) has further complicated the situation by lobbying for the
formal acquisition of an additional 8 to 14 acres of land surrounding the
current structure.2 The ACBC’s leadership,
notably Chandra Nirmal Wakishta, a retired senior police and intelligence
officer, has advocated for the development of a large-scale Buddhist center
including educational facilities, monasteries, and meditation halls.2 This expansionist agenda, pursued in the face of documented
private ownership claims, highlights a systemic prioritization of religious
expansion over the rule of law and private property rights.
Analysis of the
December 2025 Protest and State Response
The protest in Thaiyitti
on December 21, 2025, represents a significant escalation in the residents'
struggle for land rights and justice. The demonstration was prompted by two
primary factors: the ongoing demand for the release of ancestral lands and opposition
to the promotion of a senior monk associated with the Tissa Vihara.10 The protest was characterized by high emotional intensity, with
residents chanting slogans such as "Our land is ours" and waving
black flags to symbolize their grief and defiance.10
Police Conduct
and Allegations of Assault
The state’s response to
the December protest was marked by a heavy deployment of police and security
personnel, who arrived with a court order from the Mallakam Magistrate naming
29 individuals barred from participating in the demonstration.10 Despite the peaceful intentions stated by the organizers, the
situation turned violent when police accused the protesters of obstructing
traffic and blocking the road.10
In the ensuing confrontation, five individuals were arrested, including prominent civil society leader Velan Swamigal and Thiyagaraja Nirosh, the Chairman of the Valikamam East Divisional Council.10 Witness reports and subsequent statements from those arrested allege that the police used excessive force, assaulting the detainees during the arrest process.10 Protesters have expressed outrage over these actions, demanding medical reports for those injured and calling for accountability for the officers involved [User Query]. The use of physical violence against elected local government representatives like Nirosh is seen as a particularly grave affront to the democratic process and the safety of Tamil public figures.10
|
Individuals Arrested on December 21, 2025 |
Profile and Significance |
Legal and Health Status |
|
Velan Swamigal |
Civil society leader; prominent advocate for Tamil rights and
social justice.10 |
Arrested; allegedly assaulted by police; released on 100,000
LKR bail.10 |
|
Thiyagaraja Nirosh |
Chairman of the Valikamam East Divisional Council; local
political leader.10 |
Arrested; allegedly "violently handled"; released on
bail; case adjourned to Jan 26.10 |
|
Unnamed Member 1 |
Elected member of the Valikamam North Divisional Council.10 |
Arrested for participating in the protest; released on bail.10 |
|
Unnamed Member 2 |
Elected member of the Valikamam North Divisional Council.10 |
Arrested for participating in the protest; released on bail.10 |
|
Unnamed Member 3 |
Elected member of the Valikamam North Divisional Council.10 |
Arrested for participating in the protest; released on bail.10 |
The protestors’ demand
for the immediate release of the arrested individuals was partially met when
the Mallakam Magistrate granted bail, but the underlying charges and the trauma
of the alleged assaults remain a focal point of public resistance.10 The refusal of the residents to leave the protest site until
"justice is served" reflects a shift in tactics from periodic
demonstrations to sustained civil disobedience [User Query].
Perceptions of
Judicial and Police Partiality
A central theme in the
Thaiyitti protest is the perceived non-neutrality of the state apparatus.
Residents and political leaders have criticized the police for actively
supporting the "occupiers"—referring to the military and the Buddhist
clergy—without verifying the land ownership documents presented by the
residents [User Query]. This perceived bias is bolstered by the police’s use of
court orders to prevent specific individuals from exercising their right to
protest, a move that critics argue weaponizes the judiciary against legitimate
civilian grievances.10
The contrast between the
treatment of Tamil protesters and the protection afforded to the construction
of the Vihara is a recurring point of contention. Protesters have questioned
why "there seems to be one rule for Sinhalese and another for Tamils,"
a sentiment that encapsulates the feeling of being second-class citizens in
their own ancestral territory [User Query]. This ethnic disparity in law
enforcement is seen as a major obstacle to any meaningful reconciliation
process in the North.
Socio-Economic
Impact and the "Ancestral Land" Narrative
The struggle for land in
Thaiyitti is not merely a legal or political dispute; it is an existential one.
The term "ancestral home" carries deep psychological and
socio-economic weight for the families involved [User Query]. For decades,
these lands were the foundation of a self-sufficient economy where agriculture
and palmyrah-based industries provided a stable livelihood.5 The military occupation has forced these families into a cycle
of displacement and economic precariousness, with some families reporting
having moved their homes over 20 times since 1990.3
The loss of land has
several direct consequences:
●
Economic Dispossession: Families are unable to engage in their traditional farming and
fishing activities, leading to long-term poverty and dependency.3
●
Destruction of Property: Former residents have observed their
ancestral homes being demolished and replaced by military barracks or, in the
case of the beach areas, tiles and stones of demolished houses being flung into
the sea.3
●
Agricultural Exploitation: The military reportedly uses the seized land
for its own commercial farming ventures, the profits of which do not reach the
original owners.3
The
community’s proposal to allocate a small portion of land (200 perches) for the
existing Buddhist temple while releasing the remaining 1,300 perches to the
rightful owners is a significant gesture of compromise.5 However, the state’s refusal to consider such an arrangement
reinforces the belief that the objective is not religious worship but
territorial control and demographic change.7
The Role of
Local Governance and Political Representation
The Thaiyitti crisis has
highlighted a growing rift between the Jaffna public and their local political
representatives. Residents have expressed profound frustration with the
perceived ineffectiveness of local council members [User Query]. While the Valikamam
North Pradeshiya Sabha has passed multiple resolutions calling for the return
of the land and labeling the temple construction as illegal, these resolutions
have consistently been ignored by the central government and the military.2
This frustration has led
to demands for representatives to take a "stronger stand" rather than
relying on symbolic parliamentary gestures [User Query]. The involvement of the
Tamil National People's Front (TNPF) and its leaders, such as Selvarajah
Kajendran, has been more direct, often leading to arrests and legal challenges.9 However, the broader Tamil political establishment is seen as
struggling to find a mechanism to influence the central state in a meaningful
way.
The JVP/NPP government,
led by President Anura Kumara Dissanayake, has faced particular scrutiny.
Having campaigned on a platform of ending ethnic expansion and promoting
equality, the administration’s continued support for the registration of the
Tissa Vihara is viewed by many as a betrayal of those promises.1 The government's stance that "resistance from the Sinhala
people is a barrier to the release of lands" is perceived as an excuse to
maintain the status quo and avoid a backlash in the South.5
The
"Sinhalization" Strategy and Comparative Context
The Thaiyitti dispute is
part of a wider pattern of state-sponsored efforts to alter the socio-religious
landscape of the North-East. The Transnational Government of Tamil Eelam (TGTE)
and other human rights organizations have documented numerous instances where
Hindu and Saiva temples have been destroyed or overshadowed by the construction
of Buddhist shrines in areas where no Sinhala civilians reside.7 This strategy, often referred to as "Buddhicization,"
aims to create a "fait accompli" on the ground, making it impossible
for the land to ever be returned to its original owners.7
Comparisons are
frequently drawn between the Sri Lankan state’s actions and other international
examples of land seizure and cultural assimilation. The building of religious
sites in occupied territories is seen as a violation of the 1949 Geneva
Convention, which prohibits the occupying power from making permanent changes
to the territory after hostilities have ended.7 In the Sri Lankan context, the persistence of military
occupation 15 years after the war suggests that the state views the North-East
as a territory to be colonized rather than a region to be reintegrated on
equitable terms.1
|
Comparative Land Disputes in the North-East |
Status and Nature of Occupation |
Key State Actors |
|
Thaiyitti (Jaffna) |
10 acres of private land occupied; illegal Buddhist temple
built.5 |
Army, ACBC, Ministry of Buddhasasana. |
|
Mullikulam (Mannar) |
Navy North-West Command HQ built on village lands.4 |
Sri Lankan Navy. |
|
Palaly (Jaffna) |
Massive military complex on former residential and farming
land.3 |
Sri Lankan Army. |
|
Batticaloa |
Vihara expansion encroaching on Tamil agricultural lands.2 |
Buddhist clergy, police. |
|
Trincomalee |
Redefinition of archaeological sites to favor Buddhist claims.2 |
Archaeology Department, Military. |
Geopolitical
Implications and the International Lens
The Thaiyitti case has
gained international attention, not only because of its implications for human
rights and religious freedom but also because of the individuals involved.
General Shavendra Silva’s participation in the temple ceremonies connects the
site to the broader international discourse on war crimes accountability, as
Silva remains barred from the United States for his alleged role in
extrajudicial killings and other abuses.6
The continued
militarization of Tamil land is a major hurdle in Sri Lanka’s efforts to
improve its international standing and secure economic support. International
monitoring bodies have repeatedly highlighted the lack of transparency in the
land restitution process and the military’s ongoing involvement in civilian
affairs.4 The Thaiyitti incident, particularly the assault on civil
society leaders in December 2025, provides further evidence to the
international community that the "reconciliation" promised by
successive governments remains largely illusory on the ground.10
The Road Ahead:
January 3, 2026 and Beyond
The Thaiyitti conflict
is poised for another potential flashpoint in early 2026. Reports indicate that
a request has been made to the Sri Lankan President to install an additional
Buddha statue at the Tissa Vihara on January 3, 2026, with security to be provided
by the army and police.10 This plan, coming just
weeks after the violent events of December 21, is seen as a direct provocation
to the local community.
The demands of the
protesters remain clear and consistent:
1.
Immediate Restitution: The release of all private ancestral lands currently occupied
by the temple and the military.10
2.
Accountability: Action against the police officers who allegedly assaulted
protesters during the December 21 confrontation [User Query].
3.
Removal of Illegal Structures: The demolition or removal of the Tissa Raja
Maha Vihara, which was built without legal authorization.6
4.
Equal Protection: An end to the discriminatory application of land laws and the
prioritization of one religion over others.7
The
resolution of the Thaiyitti dispute will require more than just legal rulings
or administrative reports; it will require a fundamental shift in the state’s
approach to the Northern and Eastern provinces. As long as the military remains
the primary arbiter of land use in these areas, and as long as religious
expansion is used as a tool of statecraft, the grievances of the Thaiyitti
residents will continue to fuel civil unrest and undermine the prospects for
long-term stability in Sri Lanka.
Synthesized
Conclusions on State Policy and Civil Resistance
The Thaiyitti land
dispute is a stark reminder that the "post-war" era in Sri Lanka is
not yet a "post-conflict" era. The persistence of wartime structures
like the High Security Zones, coupled with the introduction of new mechanisms of
control such as state-sponsored religious expansion, has created a new
landscape of struggle for the Tamil population. The December 2025 protest has
shown that the community’s resilience is matched by a growing sophistication in
their demands—shifting from simple pleas for return to calls for accountability
and institutional reform.
The failure of local
government resolutions and the frustration with political representatives point
to a deepening crisis of governance. If the formal democratic channels are seen
as ineffective, the likelihood of more radical forms of resistance increases.
The state’s reliance on police violence and court orders to manage these
tensions is a short-term strategy that exacerbates the long-term sense of
alienation among minorities.
For the international
community and domestic observers, Thaiyitti serves as a barometer for the state
of democracy in Sri Lanka. The ability of 14 Tamil families to reclaim their
ancestral home from a military-backed religious project is not just a local
issue; it is a test of whether the Sri Lankan state can truly transition from a
Sinhala-Buddhist ethnocracy to a pluralistic democracy where the rule of law
applies equally to all. The upcoming events in January 2026 will likely provide
a definitive answer to this question, setting the tone for the nation’s
political trajectory in the years to come.
The narrative prose of
the Thaiyitti struggle is one of historical continuity, where the trauma of
1990 meets the resistance of 2025. It is a story of deeds vs. statues, and of a
people who, despite decades of displacement, still hold the keys to their ancestral
lands in their hands and their slogans in their hearts: "This is our land;
our land is ours".5
The ongoing presence of
the Tissa Raja Maha Vihara remains a physical manifestation of a "faith
accompli" that the residents refuse to accept. Their demand for justice,
medical accountability for the assaulted, and the restoration of their agricultural
heritage represents a profound challenge to the centralized power of Colombo.
As the case of the five arrested Tamils moves through the Mallakam Magistrate's
Court, the legal and moral weight of their ancestral claims will continue to
confront the political and military might of the state, ensuring that Thaiyitti
remains a focal point of the struggle for rights in the Jaffna Peninsula.
Works cited
1.
Buddhist
groups in Sri Lanka provoke communal tensions by seeking temple expansion,
accessed December 21, 2025, https://www.wsws.org/en/articles/2025/02/20/saxh-f20.html
2.
Sri
Lankan military and monks look to expand illegal Buddhist shrine in KKS,
accessed December 21, 2025, https://tamilguardian.com/content/sri-lankan-military-and-monks-look-expand-illegal-buddhist-shrine-kks
3.
Conflict
Forced Them From Their Homes. Now the Military Is Occupying Their Land. - VICE,
accessed December 21, 2025, https://www.vice.com/en/article/palaly-jaffna-military-land-grabs-tamil-sri-lanka/
4.
“Why
Can't We Go Home?”: Military Occupation of Land in Sri Lanka | HRW, accessed
December 21, 2025, https://www.hrw.org/report/2018/10/09/why-cant-we-go-home/military-occupation-land-sri-lanka
5.
It is
important for the people of the South to understand our concerns ..., accessed
December 21, 2025, https://www.parlsl.com/publications/it-is-important-for-the-people-of-the-south-to-understand-our-concerns
6.
What
is the Tissa Vihara in Jaffna? - Tamil Guardian, accessed December 21, 2025, https://tamilguardian.com/content/what-tissa-vihara-jaffna
7.
TGTE:
Thaiyiddy Buddhist Temple, Symbol of Sinhala Occupation, Should be Removed,
accessed December 21, 2025, https://sangam.org/tgte-thaiyiddy-buddhist-temple-symbol-of-sinhala-occupation-should-be-removed/
8.
Post-war
land grabs in Sri Lanka - Devex, accessed December 21, 2025, https://www.devex.com/news/sponsored/post-war-land-grabs-in-sri-lanka-81411
9.
Tamils
rally in Jaffna demanding removal of military-backed vihara | Tamil Guardian,
accessed December 21, 2025, https://tamilguardian.com/content/protest-erupts-thaiyiddy-thissa-vihara-area-over-land-dispute
10.
Five
Tamils released on bail following arrest for peaceful protest ..., accessed
December 21, 2025, https://www.tamilguardian.com/content/five-tamils-released-bail-following-arrest-peaceful-protest-against-buddhist-temple
11.
Black
flags in Thaiyiddy as Tamils protest illegal Buddhist vihara, accessed December
21, 2025, https://tamilguardian.com/content/protest-erupts-again-thaiyiddy-against-illegally-built-thissa-vihara
12.
Sri
Lanka - United States Department of State, accessed December 21, 2025, https://2021-2025.state.gov/reports/2023-report-on-international-religious-freedom/sri-lanka/


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