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Fundamental Rights Case Against Deeghavapi Housing Project

By The Centre for Buddhist Action

A Fundamental Rights Case (SC/FR Application No. 178/2008) will be taken up on 9th September 2008 in the Supreme Court in terms of Article 17 and 126 of The Constitution against the fraudulent allocation of houses for 500 villagers in the Deeghavapi Sacred Area on the pretext of allocating houses for Tsunami victims in the Ampare District. In this case the Petition has been filed by Leader of JHU Ven.Ellawela Medhananda Thero & Viharadhipathi, Deeghavapi Rajamaha Viharaya Ven.Nannapurawe Buddharakkitha Thero together with 5 other petitioners are objecting to the discriminate allocation of houses. Minister of Housing & Development Mrs.Ferial Ashroff, National Housing Development Authority(NHDA), General Manager Hingurana Sugar Corporation Mr. M.M.Ifthikar, Mr. Jeevan Kumaratunga Minister of Agriculture, Lands & Land Development, Commissioner General of Lands & Attorney General's Department together with the District & Divisional Secretaries have been cited as Respondents while 51 parties have obtained permission to appear as Intervening Parties & they have signed Affidavits for submission.

The Counter Affidavit filed by the Petitioners contain the history of Deeghavapi over the last 50 years and details of the manner in which fundamentalist religious groups, western funded NGOs together with pseudo rightists organisations have joined forces to destroy not only Deeghavapi but also the Buddhist monuments in the entire area and encircle the Baudha Janapada that existed in Deeghavapi.

As per provisions of the Constitution of The Democratic Socialist Republic of Sri Lanka, the paramount duty of the State (which includes all organs of Government) to protect and foster The Buddha Sasana which includes Buddha, Dhamma and Sangha, the Buddhist laity, Viharastana and Aranya, all places of Buddhist worship, Buddhist culture, Buddhist civilization and Buddhist customs and traditions (as per Article 9 of The Constitution & the Recommendation of The Presidential Commission on Buddha Sasana(paragraph 1,2,6 of page 16) the programme to provide 500 houses specifically and primarily to the Muslim community contravenes the time immemorial customs of Buddhists to exercise their freedom of religion considered that it is the right and duty to protect and maintain Buddhist temples and Maha Sangha by providing them with the four basic "pre-requisites" for their sustenance. For this specific purpose, it has been the practise and tradition to maintain what is termed as "goduru gammane" in and around every temple which tradition has been recognized by The State and a decision was taken to maintain Buddhist settlements(Bauddha Janapada) when settlements are made near Buddhist places of worship(reference Prime Minister's letter dated 10.01.1968 sent to All Ceylon Buddhist Congress.

However, on studying the issue in hand in relation to the Deeghavapi Housing Project for the settlement of so called "Tsunami victims" it has been revealed that an anti-Buddhist agenda of destroying Deeghavapi has been in operation systematically and that this specific Housing Project programmed by the Minister of Housing & Development together with many anti-Buddhist individuals and NGOs involved has been to target directly at this sacred site held in reverence by Buddhists of this land. Unfortunately in this effort, the fingers can be pointed at a "pro-Muslim agenda" against the Buddhists as well as the sacred Buddhist temple. Seemingly, the objective is to destroy Deeghavapi lands and prevent expansion of Buddhist settlers while also depriving the existing Buddhist settlers of their basic necessities of practising & performing duties and rituals relevant to Buddhists.

The ancient Deeghavapi village situated in the lower part of the Galoya valley consisting of present DS Divisions of Samanthurai, Eragama, Addalachchenai and Akkaraipattu are scattered with ancient Buddhist monuments proving that these locations originally had Buddhist settlements and a valuable Buddhist civilization in the area.

Controversies Related to The Allocation of Houses in Deeghavapi
Given the background information given above, it is sad to note that systematic encroachment of sacred areas in Deeghavapi sacred area by Muslim settlers & the current programme to re-settle 500 Muslims in the area through the Housing Programme initiated by The Minister of Housing & Development purported to be for those displaced by the Tsunami of 26th December 2004 is heavily biased against Sinhala Buddhists and the Tamil community that have lived since time immemorial in these areas and proves without doubt, that the intention is primarily to oust Buddhists from the area and make way for Muslim settlements in and around an ancient Buddhist temple.

Some of the serious issues that come to light in this case intentionally targeted against Sinhala Buddhists of the area are:

1. While lands were identified within the DS divisions of the so called "Tsunami Victims" to provide them with suitable housing within their own localities, the Housing Programme initiated by the Minister of Housing and Development planned to establish a new housing programme to hurt the sentiments of Buddhists, the temple Monks and the ancient Deeghavapi sacred site and its precincts with an intentional agenda of expanding Muslim settlements while ousting the Buddhists from the area.

2, The quantities stated for allocation in the new Housing Project Site and the actual numbers displaced are grossly claimed to be erroneous with malicious intentions to encroach on lands in the vicinity of Deeghavapi sacred Buddhist temple. There is a gross discrepancy between the actual requirement and the programmed allocations. These statistics have been compared with actual number of Tsunami victims as against the lists supplied for allocations by the authorities which are grossly inaccurate and advantageous to Muslims and their agenda of Muslim colonization in Deeghavapi area.

3. Adequate private lands were available and some were even acquired for donor driven housing programmes in Sainamaruthu & Kalmunai DS Divisions for the settlement of Tsunami victims and there was absolutely no need to relocate people in Norochcholai and Deeghavapi areas.

4. Encirclement of Baudha Janapada in Deeghavapi with Muslim settlers

5. False Statistics produced by the 1st Respondent and Fraudulent Claims for land in Norochcholai made by 13th to 28th and 45th to 50th Respondents. In comparing the Electoral Registers of 2004 as against the claims of the above Respondents, it has been revealed that data and statistics have been wilfully & fraudulently manipulated to ensure that only Muslims would be allocated housing in the said area with a view of harming Buddhists living in the area.

Most of the above Respondents have their registered addresses totally outside the Norochcholai /Deeghavapi areas but have been allocated housing in the controversial housing programme with malicious intentions against Buddhists of the area.

6. The long-term agenda since the 1940s to systematically oust Buddhists living in this area and settle Muslims from the time of the Galoya Development Project

7. In the period 1995-1996 at the instigation of Muslim politicians permits have been granted to Muslims to settle in the Deeghavapi area whereby the late Minister Ashroff forcibly created a Muslim colony called "Ashroff Nagar" in the vicinity of the Deeghavapi Rahamaha Viharaya.

8. Through the years there has been intentional & malicious destruction of Buddhist Monuments in Deeghavapi and their destruction. The intention being to convert the entire area into a Muslim settlement area and destroy the Buddhist heritage evident in the said area.

In the aforementioned Fundamental Rights Case being filed in the Supreme Courts on 9th September 2008, an extensive explanation related to the intentional & malicious agenda of fundamentalist religious groups, NGOs and anti-Buddhist groups will be argued to show how religious and racial disharmony is being fanned and nurtured against Sinhala Buddhists (not by Sinhala Buddhists against others) in the area. The Deeghavapi Housing Project unfortunately is "the tip of the iceberg."



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