Mohamed Mowjoon Atham Bawa
University of Western Sydney

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TOWARDS A NOVEL APPROACH HEALING LANGUAGE RIGHTS OF MINORITY: THE CASE OF SRI LANKA Bawa, Mohamed Mowjoon Atham
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Sri Lanka is a multi cultural country comprises of five main ethnic groups: Sinhalese, Tamils, Moors, Malays and Burgher. Language and ethnic heritage distinguish these groups. The Sinhalese are the largest ethnic group in the country comprising 74.5 percent of the population and 99.5 percent of this population are Buddhists and speak Sinhala. The Tamils are approximately 16.5 percent of the population use Tamil as their native language. The Moors constitute around 7.9 percent of the population, 95 percent of them speak the Tamil language. The Malays who originated in Southeast Asia comprise of 0.41 percent of the total population and speak Malay, Tamil, Sinhala and English. Finally, Burghers make up of 0.3 percentage of the Sri Lankan population. They are of European ancestry and have remained Christians and speak English and Sinhala. In Sri Lanka, language is one of the key contributing factors in representing the ethnic identity and concerns about national language have been influential in both cultural and political sphere; it has been the major cause of strife between the Sinhalese and the Tamil speaking population. The impact of language divide remains influential even after the cessation of hostilities and the ending of the civil war. This paper will focus on the critical evaluation of language rights as a key element of the second generation of human rights; economic, social and cultural rights (ESCR). The paper will also explore the underpinnings of ESCRs and its particular application to language rights of the Tamil speaking minority and will examine the various legislative attempts to protect language rights of the Tamil speaking minority and identify the reasons for the failure of those initiatives and will propose effective mechanisms for implementing language rights.
HUMAN SECURITY AND THE ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS IN THE ENFORCEMENT OF LANGUAGE RIGHTS POLICY IN SRI LANKA Bawa, Mohamed Mowjoon Atham
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Human security is about protecting people, however it has gone ahead of the traditional security definitions and focusing on evolutionary changes in the human security infrastructure. The arguments over human security are not new. Human security is a comparable undisciplined argument for a return to enlightenment liberalism. United Nations Commission on Human Security defines human security as the protection of “the vital core of all human lives in ways that enhance human freedoms and fulfilment.” As such, this encompassing approach does not distinguish “freedom from fear” and “freedom from want” for individual citizens. This paper will explain 2 key points which are language rights as human rights in the Sri Lankan context and National Institutions. It is based on during the civil war the Sri Lankan citizens were not able to enjoy the language access efficiently therefore the innocent people were not able to express themselves in their own language and were treated as terrorists rather than the normal citizens of Sri Lanka.