Better Must Come
Act No 35 on 11 November 2003 to extend citizenship to this very group. 80 Even
so, some six years on there remained a resident de facto stateless population, so an
18 February 2009 amendment was enacted providing for citizenship to be acquired
by operation of law, and with that the issue of statelessness among the Up-Country
Tamils of Sri Lanka had been brought to a close. 81 Though the acquisition of
citizenship did not necessarily remedy the many rights deficits akin to being
stateless, and while it would be absurd to in any way condemn this landmark
development, caution must guide any celebration of these matters.
FINDINGS AND ANALYSIS
In the following Part, an explanation of why the four human rights explored in this
study: the right to healthcare, education, employment and political participation is
provided. Second, the aggregate findings of the questionnaire surveys and
interviews conducted to determine whether the acquisition of citizenship among
Sri Lanka’s Up-Country Tamil population has brought with it substantive benefits
by way of increased access and entitlement to healthcare, education, employment
and political participation are presented. Following from this, a brief discussion of
belonging is provided and the findings of the few questions designed to capture
whether those who partook in this study conceive of themselves as belonging to
Sri Lanka are presented. By providing evidence that some previously stateless
persons are still yet ‘to come in from the cold — to belong’, 82 the findings
presented below challenge the reigning narrative of ending statelessness in Sri
Lanka as a tale of success and are instructive for the global #IBELONG Campaign
to end statelessness by 2024.
A
Four Human Rights: Healthcare, Education, Employment and Political
Participation
The four human rights that constitute the focus of this study — the rights to
healthcare, education, employment and political participation — were chosen for
a number of reasons. To begin, in core #IBELONG Campaign content, an inability
to access healthcare, education and employment is repeatedly identified as the
foremost reason as to why statelessness is a global human rights concern. 83 Such
emphasis is reason enough to focus on these three rights. Yet when we look to Sri
Lanka’s previously stateless Up-Country Tamil population, we quickly learn that
healthcare and education have long been provided by plantation ownership, not to
mention that labour on the country’s many tea plantationscharacterises this
population’s collective experience. Though this may suggest that there is no
reason to explore access to healthcare, education and employment in the wake of
citizenship, when placed in context, such access becomes of immediate concern.
80
81
82
83
ibid.
ibid.
UNHCR Special Report (n 3) 16.
ibid; Global Action Plan (n 28); United Nations High Commissioner for Refugees, I Am Here,
I Belong: The Urgent Need to End Childhood Statelessness (Report, 3 November 2015)
<https://www.unhcr.org/ibelong/wp-content/uploads/2015-10-StatelessReport_ENG15web.pdf>; United Nations High Commissioner for Refugees, ‘This is Our Home’: Stateless
Minorities and their Search for Citizenship (Report, 3 November 2017)
<https://www.unhcr.org/ibelong/wpcontent/uploads/UNHCR_EN2_2017IBELONG_Report_ePub.pdf>.
17
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