Sri Lanka has a rich history and traditions, which many think that regardless of cultural or other differences, should be preserved. Communities divided by cultures and beliefs can be seen striving to preserve artifacts and archaeological sites which they think are important within the ambits of their cultures and beliefs. With a Constitution that identifies Buddhism as the foremost religion that should be prioritised, successive Governments have made a great deal of efforts to preserve the country's history of all ethnic, religious and cultural groups.

That is however an arduous task, with different communities’ cultural and belief related sentiments and disputes standing in the way of national level efforts concerning archaeological sites, especially the implementation of the relevant policies. Although such issues were not as prevalent or did not receive sufficient attention until after the end of the war, the problematic and challenging nature of preserving archaeological sites in the North and the East have now attracted attention.

Recent discussions concerning this situation have shown that archaeological sites related issues are not just a matter of heritage, but also ethnic unity, land rights and livelihoods. However, the recent incident where the Governor of the Eastern Province Senthil Thondaman suspended the ongoing construction and clearing activities within the premises of the Boralukanda Rajamaha Viharaya, which he claimed was aimed at averting a ‘potential communal conflict’ in the area, has become a national level concern. His argument was that the temple’s construction was taking place within a State owned land located within a village where two Sinhala families live among over 500 Tamil families, and that the Tamil community in the area has been encouraged to construct their own place of worship. 

This is the latest of a plethora of similar land related issues in the North and the East which have remained unaddressed for over a decade. In fact, this incident was reported at a time when land related issues in the North and the East, including those relating to archaeological sites, remains a major concern in the ongoing talks between the Government and the North and East based political parties on the complete enforcement of the 13th Amendment to the Constitution. What is more, land related issues, especially in those areas, are being considered by the international community as signs of the continuation of the oppression of ethnic minorities, which does not look good on the country’s human rights record.

As per the reports, the Ministry of Buddhasasana, Religious and Cultural Affairs has called for a detailed report on the Eastern Province Governor’s decision. However, although each incident must be addressed on a case by case basis, the Government and the authorities cannot ignore the uniformity and standards in these measures. That is why as a first step they should promote the idea that archaeological sites related issues are national issues rather than a particular ethnic or religious community’s issues.

At the same time, the guidelines that were mentioned at a recent discussion between the President and North and East based politicians with regard to a national plan for archaeology should receive attention.It was noted that the Department of Archaeology and the Central Cultural Fund had been informed that land demarcation and excavation activities throughout the country should be carried out in accordance with a national plan, and that the Director General (DG) of Archaeology had been instructed to prioritise and plan excavation work, the identification of sites, and how they should be carried out, among other matters. Where any site is identified for excavation, it was noted that there should be a report on such from the DG of Archaeology to the Secretary to the subject Ministry, and that the Minister will submit such a report to the Cabinet of Ministers. When excavation activities are in progress in certain sites, the Department should once in every six months provide a status report of the activities.

However, while laws, regulations and policies are of great importance, they will not lead to any change without genuine efforts of the authorities that are tasked with its implementation. One of the grievances expressed by the North and East based politicians regarding their land issues is that, although higher levels of the Government and the archaeology authorities issue scientific and judicious orders, the authorities that deal with the general public at the grassroots level do not implement those orders properly.

In such a context, not only having in place the right policies, but ensuring the implementation of those should receive more attention. Raising awareness, having strict institutional frameworks, and introducing innovative methods of handling lands of a problematic status are some of the steps that the authorities can take into account.