Approximately 1 million Tamils (or 6 per cent of the Tamil population) of relatively recent Indian origin live and work primarily on the plantations of the Hill country in the central part of Sri Lanka (UNHCR 18 Mar. 1999, 4; ODR Nov. 1995, 2.1; Law & Society Trust 1996, 130). These Tamils, descendants of those brought over from Tamil Nadu in India by the British to work on the plantations, are known interchangeably as the Plantation Tamils, Up-Country Tamils, Tea Tamils and Estate Tamils (UNHCR 18 Mar. 1999, 4; ODR Nov. 1995, 2.1; CIPU Mar. 1999, 31).

The 1948 Ceylon Citizenship Act denied Plantation Tamils nationality and took all civil and political rights away (CIPU Mar. 1999, 31; Law & Society Trust 1996, 131). Under the October 1964 Sirimavo-Shastri Pact, Sri Lanka agreed to extend citizenship rights to 300,000 of the 975,000 Plantation Tamils and would repatriate to India 525,000 who would receive Indian citizenship (ibid.; CIPU Mar. 1999, 31). This left approximately 150,000 stateless at that time (Law & Society Trust 1996, 132). In 1974 the Pact was reviewed and both governments agreed, without consulting the Plantation Tamils, to divide equally the remaining stateless people between them (ibid.). However, the Pact was not implemented as planned and fewer people than imagined applied for Indian citizenship (ibid.). In 1986 and 1988 the Sri Lankan citizenship laws were amended to increase the number of those eligible for Sri Lankan citizenship from 300,000 to 469,000 (ibid.). According to Sri Lanka: The State of Human Rights 1995, the Grant of Citizenship to Stateless Persons (Special Provisions) Act No. 39 of 1988

entitled any stateless person of Indian origin who had not applied for Indian citizenship and who was lawfully resident in Sri Lanka to obtain a Certificate of Citizenship. However, the Act also said that nobody could be required to produce such a certificate for any purpose. Instead, if required to do so, such a person could produce a sworn affidavit that he or she is a citizen. The affidavit would be accepted as adequate proof of citizenship unless otherwise proven by someone challenging it (Law & Society Trust 1996, 132-33).

According to the UK Immigration and Nationality Directorate, the remaining 85,000 who chose Indian citizenship but stayed in Sri Lanka, remain stateless and are unable to obtain a passport or own land (CIPU Mar. 1999, 31).

According to the March 1999 Sri Lanka Country Assessment report produced by the UK Immigration and Nationality Directorate,

This residue is one of the most neglected groups in Sri Lanka. They have been largely excluded from the political process and from employment opportunities in the government and private sector because of their statelessness and lack of national identity cards. The are unable to obtain passports.

They face discrimination, especially in the allocation of government funds for education. Because they have no ID cards, they are vulnerable to arrest by the security forces. The Government has apparently stated that none of the estate Tamils will be forced to leave Sri Lanka.

Politically estate Tamils are represented by the Ceylon Worker's Congress, which supported the previous UNP government, and by the Up-Country People's Front, which supports the current PA government (CIPU Mar. 1999, 31).

UNHCR and Sri Lanka: State of Human Rights 1995 corroborated the above information, adding that estate Tamils have had fewer social and economic opportunities than others to improve their lot within Sri Lanka, have been denied equal access to education, have had consistently poor housing and working conditions, and are unable to obtain travel documents (UNHCR Mar. 1997, 12; Law & Society Trust 1996, 131-43). Sources report that Plantation Tamils are considered second-class citizens (ODR Nov. 1995, 2.1; TIC 1998).

According to ODR, despite their ethnic proximity, there are almost no relations between Plantation Tamils and Sri Lankan Tamils (ODR Nov. 1995, 2.1; Rediff on the Net 17 Aug. 1998). Furthermore, Plantation Tamils have not "identified entirely" with the Tamil struggle for the Eelaam liberation struggle, although Plantation youth have been influenced by the struggle (ibid.; The Sunday Observer 20 June 1999). The demands of the Plantation Tamils are socio-economic in nature, including citizenship and land rights, greater participation in local administration, greater autonomy in Tamil areas (ibid.). The Tamil Centre for Human Rights (TCHR) in Geneva reported in its 1999 appeal to the UN Commission on Human Rights that according to trade unions in the plantation sector, over 50 per cent of Plantation Tamils have not been issued with NICs, thereby exposing them to the "danger of arrest" (TCHR 1999, 61).

Plantation Tamils have experienced additional difficulties, including: Sinhalese "mobs" setting fire on 8-9 September 1998 to the "line room" homes of Plantation workers in Wewelwatte Division, Ratnapura District (TCHR 1999, 60; TamilNation n.d); attacks by Sinhalese "mobs" on estates in Wewelwatte, Galkandura and Egaslanda Divisions on 14 September 1998 (TCHR 1999, 60); and detention without trial, involving at least 100 Plantation Tamils (Sri Lanka Monitor Aug. 1999).

In August 1999, there were reports of LTTE activity in the Hill Country, home to Plantation Tamils (Sri Lanka Monitor Aug. 1999).

For brief general information on the situation of Plantation Tamils, including attacks against them in 1998, please consult the Research Directorate's October 1998 Issue Paper Sri Lanka: Internal Flight Alternatives: An Update, as well as

Country Reports.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Country Information and Policy Unit (CIPU), Asylum and Appeals Policy Directorate, Immigration and Nationality Directorate, Home Office, UK. March 1999. Version 3.

Sri Lanka Country Assessment.

Law & Society Trust. 1996. Sri Lanka: State of Human Rights 1995. Colombo: Law & Society Trust.

ODR. November 1995. Feuille d'information sur les pays: Sri Lanka: État au: novembre 1995. Berne: ODR.

Rediff on the Net. 17 August 1998. "LTTE's Credo Now Finds Takers Among Plantation Tamils in Lanka." http://www.rediff.com [Accessed 4 Oct. 1999]

The Sri Lanka Monitor [London]. August 1999. "Allegations of Torture Continue: Tigers in the Hill Country." http://www.gn.apc.org/brcslproject/srmonitor/August99/ tige.html [Accessed 30 Sept. 1999]

The Sunday Observer [Colombo]. 20 June 1999. Vickramabahu Karunarathne, General Secretary, Nava Sama Samaja Party. "Right of Self-Determination of Lankan Tamils." http://www.lanka.net/lakehouse [Accessed 4 Oct. 1999]

Tamil Centre for Human Rights (TCHR). 1999. Appeal to the United Nations Commission on Human Rights: 55th Session. 22 March-30 April 1999. Garges les Gonesse, France: TCHR.

TamilNation. n.d. Indictment Against Sri Lanka: Sri Lanka's Genocidal War-'95-'99: Arson Attack on Plantation Tamils in Ratnapura... . http://www.tamilnation. org [Accessed 22 Sept. 1999]

Tamil Rights. 1998. TIC Press Release: Economic Marginalisaztion of Plantation Tamils. http://www.tamilrights.org [Accessed 4 Oct. 1999]

UNHCR. 18 March 1999. Background Paper on Sri Lanka For the European Union High Level Working Group on Asylum and Migration. Geneva: UNHCR.

_____. March 1997. Background Paper on Refugees and Asylum Seekers From Sri Lanka. Geneva: UNHCR.

Additional Sources Consulted

Country Reports on Human Rights Practices for 1998. 26 February 1999.
Canada-Asia Working Group (CAWG). 16 March 199-24 April 1998.

Human Rights in Asia: Submission Prepared for the 54th Session of the United Nations Commission on Human Rights.

The Europa World Year Book 1999. 1999.
Immigration and Naturalisation Directorate, Home Office, UK. March 1999. Version 3.

Sri Lanka: Country Assessment.

Marasinghe, Lakshman. n.d.

A Study of the Refugees of Sri Lanka.

The New Encyclopaedia Britannica.

Newsletter of the US NGO Forum on Sri Lanka. Monthly. March 1999-May 1999.

Research Directorate. IMR [Ottawa]. Weekly. January 1999-present.

Sri Lanka: A Country Study. 1990.

Sri Lanka: A Travel Survival Kit. 1993.

Sri Lanka Information Monitor [Colombo]. Monthly. January 1999-June 1999.

Sri Lanka Monitor [London]. Monthly. January 1999-August 1999.

Sri Lanka News Update [Colombo]. Daily. 20 January 1999-4 October 1999. (Compiled by the Ministry of Foreign Affairs)

Tamil Times [Surrey]. Monthly. 15 March 1999-15 August 1999.

Transcript of a Conference Call on Sri Lanka [with Malcolm Rodgers, Christian Aid, UK]. 11 September 1998. (Organized by the East Asia/Oceania Geographic Network, IRB, Montreal)

Electronic sources: Internet, IRB Databases, NEXIS.