ISI
VR
Hill Country Tamils of Sri Lanka: Towards Meaningful Citizenship
1. Introduction
S
tatelessness is a global phenomenon
that has deprived numerous individuals
and communities of dignity, rights and
sustainable development, leaving stateless persons and communities further behind with each
passing generation.1 The legacy of statelessness
remains part of Sri Lanka’s post-independence
history: a large population of Tamils residing in
the ‘Hill Country’ was deprived of their citizenship in 1948 and continues to suffer structural
discrimination and disadvantage today. This
study attempts to tell the developmental and
human rights story of this community by examining the enduring effects of their statelessness.
Sri Lanka is often considered a ‘success story’
in addressing statelessness, as it eventually
granted citizenship to over 90,000 stateless
persons through the enactment of the Grant of
Citizenship to Persons of Indian Origin Act, No.
35 of 2003 (GCPIO Act). The main beneficiaries
of this legal reform project were from the Hill
Country Tamil community, consisting mainly
of descendants of immigrants from India who
were brought to work on Sri Lanka’s coffee, tea
and rubber plantations between 1837 and 1939.
The community is identified in various ways: as
‘Indian Tamils’, ‘Indian Origin Tamils’, or ‘plantation Tamils’. Members of the community typically identify themselves as Malaiyaha Tamils (Hill
Country Tamils).2 Hill Country Tamils have histor-
ically lived on Sri Lanka’s tea plantations, where
they have worked as a permanent plantation
labour force. When Sri Lanka gained independence from Britain in 1948, Hill Country Tamils
were denied citizenship in the new state. Amidst
domestic political campaigns and pressure
from the Indian government for a resolution,
members of the Hill Country Tamil community
had their citizenship restored through successive rounds of diplomatic agreements, political
negotiations and law reform between the 1960s
and the early 2000s.
Despite positive law reform, Hill Country Tamils
remain one of the most discriminated against
and economically, socially and politically marginalised communities in the country. By many
developmental indicators, this community is the
‘furthest behind’ in Sri Lanka. This study argues
that the persistent marginalisation and underdevelopment experienced by the Hill Country
Tamil community stems from long-standing
structural discrimination, of which their deprivation of nationality was a central feature.
The study attempts to examine this structural
discrimination using the lens of statelessness. It
will explore how the Hill Country Tamils’ statelessness intersected with more long-standing
conditions of marginalisation and vulnerability
engendered by the plantation system. In this
context, the mere granting of ‘formal citizenship’
page 3