A two hour drive from the town of Kandy brings staff of the NCEASL, to the Kolapathana Tamil Primary School, located in the Kolapathana Estate in the Kotmale Division. Being one of the few halls in the area, the school doubles as a community hall during weekends and on special occasions.
The nearly 50 residents of the Kolapathana Estate, who had gathered at the school that Sunday morning on 29 May, were of the 310 who had applied for birth certificates over the course of 4 weeks. Officers from the Divisional Secretariat visited them in their homes, assessed their legal documentation needs and made arrangements to provide them with the missing documents. The evaluation and preparation of over 300 birth certificates were carried out as part of the NCEASL's programme to "Promote Access to Legal Services to Marginalised and Vulnerable Communities".
The NCEASL, that has been working in partnership with the Divisional Secretary of Kotmale to implement this programme, was fortunate to have the support of the Additional District Registrar, Mr. D.P.R.S. Wijesinghe and his colleagues. Wijesinghe, who has served in the area for 9 years, was more than willing to give his fullest support. “Many of the people here are registered in Nuwara Eliya. They will have to travel a very long distance if they were to go to there. It will take at least about 5 hours to get there. It is much easier for them when we organise something like this for them here” he described. Wijesinghe went on to explain how one’s birth certificate, unlike before, has grown to be a requisite for almost every transaction involving legal documentation. “The value of a birth certificate is more so now because it is required when applying for your identity card or your passport. This is why this document is so important.”
Speaking to Mr. Wijesinghe, we learnt that if a similar programme was to be conducted through the Divisional Secretariat’s office, the beneficiaries would have to pay the state a fee for it; sometimes as much as SLR 200, that daily wage earners can ill afford.“The people who live on the estates here don’t get a monthly salary. They are paid for their day's work. So they can’t keep away from work. But if there’s a programme such as this they will definitely come” said Mr. Wijesinghe, stressing the need for more such clinics in the area.
Mr. Wijesinghe went onto explain that there are 36 estates in the Kotmale Division and that they together with the NCEASL, were able to conduct documentation clinics for just a few among them. “We will give the NCEASL our fullest cooperation if they would like to conduct similar programmes like this here” he said. It was in responding to this need that the NCEASL facilitated legal documentation clinics in the Wedamulla, Dunsinane, Kolapathana, Harrow and Queensberry estates in the Kotmale Division over the period of March to June benefiting more than 1000 individuals.
While implementing the project, Project Coordinator, Sarah Arumugam felt there was a need to focus on Sri Lanka’s Malayaga Tamils, as there was a great need to create awareness on their legal rights and the importance of obtaining their legal documents, in addition to providing them with access to legal services. “There are many school drop-outs in this area, most of them don’t continue up to their O/L so the need for an identity card doesn’t arise until they have some other need – to apply for a job or a passport” she stressed. She went onto explain the problems they faced when they attempt to apply for documents.
"During this process they get harassed or are exploited by various individuals, including government officials.
This happens because they don't know
what their legal rights are!"
During the modest ceremony that was held that morning to hand over the certificates, some of the beneficiaries present shared their experiences in having tried - and failed - to obtain their legal documents and the problems faced as a result.
56 year old Thangaiha Murugaiya, who has been living in the Kolapathana Estate for the past 20 years, was surprised at the relative ease through which he was able to obtain his new birth certificate.
"The Grama Niladhari (village officer) came from
house-to-house and spoke to us. We told them about the problems we face without birth certificates and today, through this organisation, this problem has been addressed"
Padmini, a mother of two who struggles to make ends meet, was grateful for the documentation clinic that had benefited so many like her. “We’re very fortunate that we have got such a good Grama Niladhari. It was just this month that he took down all our details and we now have it in our hands!” she said.
While grateful for the assistance received through the Divisional Secretariat and the NCEASL, Murugaiha and Padmini also spoke about the problems they faced living on the estate. “No attempts have been made to construct these roads or provide the area where we live with drinking water and we have been living in this area for 20 years! I hope that your organisation that has helped us now, will continue to do so” said Murugaiha, hopeful that his good fortune in obtaining a birth certificate would reach other areas of his life.
