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/


     In solidarity,

     Wimal Navaratnam

     Human Rights Advocate | ABC Tamil Oli (ECOSOC)

      Email: tamilolicanada@gmail.com



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