-By Michael Joachim
(Lanka-e-News -26.March.2025, 11.00 PM) It is a well-known fact that the Malayagam people ( hereto known as Plantation People ) not only are the least paid, but also the least educationally developed community . Preschool education forms the basis for future education which was introduced in Sri Lanka for more than 75 years ago, but was introduced to a very limited number of Malayagam children about 15 to 20 years ago by Community based organizations. But the fact remains, that considerable number of the Malaygam children do not get proper Preschool education. In this backdrop many of the estates managements are trying their best to prevent Malayagam Children getting Preschool education. In Radalle estate in the Nauoya area managed by Halies Company prevented the starting of the preschools saying that they cannot allow the preschool in the estate and the children could be accommodated in the “Crèche” and the parents most of whom are working outside the estate must come back for work in the estate. Some parents go for outside work as they get a better pay than in the estates. The parents refused to bow down to the treats and demands of the Management and made complaints to the Nunuoya police station, but the police showed their helplessness saying they cannot interfere with the estate Management. These issues exists in number of other estates too.
However with regard the right of the children this basic principle needs to accepted. “Whatever the administrative structure in the estate, whatever the agreements the companies have with the Government are not relevant when it comes to the rights of the children and parents with regard to education.
Can the management prevent the children from receiving education which is the fundamental right of the children and as well as the parents which are assured by the constitution and other laws of the country and the international conventions which our governments have rectified?
The constitution, the supreme law of this country, in section 27(2), and 27(13) assures the right for education of the children and citizens.
The Magistrate is the “legal upper guardian” of the children under 18.
Article 28 and 29 of the child right convention (CRC) assures the right of the child for education, and article 5 and 18 assures the education rights of the parents. Most importantly article 3 of CRC says “Best interest of the Child is that, “ all actions and decisions concerning children should take full account of their best interest. Although the CRC is not a law ,it is international convention signed by the Government binding itself to implement same.
The human rights convention in article 13 (a) assures the right for education including Preschool and primary education.
Now the Malayagam people needs clarity in this matter . "Whether the Colonial administrative rule, or the agreement lease or otherwise between the Management Companies and the Government override the constitution, and the international conventions ? If not so, under what law the estate Management companies and Managers acquire these overriding powers to interfere with the right for education of children ? They cannot force the parents to send their children to the “creche “ as the creche and Preschools are totally two different concepts, which was accepted as a policy by the Estate managements.
If it is argued that the administrative systems in the estates and the agreement override the constitution and the international convention, can the Malayagam people be considered as Citizens of this country? This is an ambiguous situation.
How long are the Malayagam people tolerate this situation of going to the police station even to claim and ensure the right of education for their children , which again and again makes them feel they are not considered as true citizens of the is Country.
We have a new Government which assures equal treatment for all “Citizens” . And the “Clean Sri Lanka “concept” is all about “ethical conduct “ by all parties especially by the duty bearers. The conduct of the Plantation Companies and Estate Management is not in line with the first objective of the Clean Sri Lanka concept and it is an arrogant and blatant violation of the concept. When considering the past conduct of Estate Managements, it can be even presumed that by their conduct they are trying to purposely discredit the Government’s policies.
Their behavior is totally contrary to the “Ethical conduct’ which is the main aspect of Clean Sri Lanka concept which says
. Good governance and sustainability
Foster ethical practices, zero tolerance for corruption, public accountability, and reward excellence.
However as responsible citizens and as persons who believe that “Clean Sri Lanka” concept if properly implemented will bring about a significant change in our Country . We want to look at the overall picture of the issue in a different perspective. We had been dealing with this issue of denial of education rights to the Malayagam Children for more 25 years. The motive of the Estate Managements and companies was always been to prevent children of the workers from receiving standard education and thereby retain workers and sustain the plantation industry.
We fully stand in solidarity with the Estate companies and estate management to sustain the plantation industry. But the approach by the estate Management in this issue is totally wrong, lopsided and will not in any way help to sustain the industry but will only lead to more ruination of the industry. The estate companies and Managements were unable to stop the mass scale migration of women workers to the middle east countries, because of less pay and working days in the estates and also due the reason that their “dignity” is undermined.
We suggest the companies and Management to build better relationship with workers, think of long time and short time plans to retain workers and make the work in the estate more attractive for the workers, think of different ways of management and diversification styles, make the workers feel that their fundamental rights are respected. Study the Clean Sri Lanka concept which speaks of Good governance, social , economic and environment sustainability. Study many research studies done for the restructuring of the Plantation sector. Understand the reality that the colonial system of administration and attitudes is no longer valid and applicable. All of us are eager in sustaining the important plantation industry.
Of course finally we salute the good number of estate Managers who are gentleman who respect the law of the country and genuinely supporting the preschool in these estates and also take healthy approaches which helps in building relationship between the workers and the Management. .
What we want, is to once and for all ensure that the Malaiyagam people are truly accepted as Citizens of this country and their children’s right for education especially for preschool education cannot be challenged by anyone any more.
Michael Joachim
Executive Director,
Plantation Rural Education and Development organization. (PREDO)
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by (2025-03-26 17:37:16)
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