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Seminars / Workshops / Discussions
organised by CPA

Activities conducted in: 1998 - 1999 - 2000 - 2001 -2002

1999

Twenty Years of the Prevention of Terrorism Act

11^th December 1999

Sri Lanka Foundation Institute

CPA in association with the Centre for Human Rights and Development (CHRD) organised the seminar which was attended by eminent judges, lawyers, human rights activists, NGO representatives and members from the academic community.

The objective of the seminar was to critically evaluate the provisions of the PTA, to draw attention to the weaknesses of the Act and to make recommendations for either its amendment or repeal.

Dr Paikiasothy Saravanamuttu who chaired the seminar highlighted the inextricable connection between the PTA and issues of governance, human rights and conflict resolution.

Mr D W Abeykoon , Chairperson, The Centre for Human Rights and Development in his presentation on ‘PTA and Human Rights’, considered the purpose of the Act and queried if it had been successful in achieving the purpose for which it was enacted. He explored the unsatisfactory features of the Act in the context of human rights, especially in relation to admissibility of confessions, arrest and detention and non-summary inquiries. He finally asserted that the PTA was a piece of legislation which went against the Basic Fundamental Right recognised in the Constitution and should therefore be removed from the statute books.

Mr. Rohan Edrisinha, Director, CPA, traced the parliamentary history of the PTA and expressed concern that there was inadequate parliamentary scrutiny of a law which human rights activists have described as one of the most draconian on Sri Lanka’s statute books. Mr. V.T. Thamilmaran, Faculty of Law, University of Colombo, evaluated the provisions of the PTA from the perspective of international human rights norms.

Follow up

CPA is in the process of publishing the proceedings of the Seminar in Sinhala, Tamil and English. The Prevention of Terrorism Act remains a controversial piece of legislation and the seminar helped to remind people of its existence and the dangerous provisions of the Act.

Regional Meeting of Consumer Societies

11 - 12 October 1999

Colombo, Sri Lanka

CPA co-hosted the above meeting with the International Telecommunications Union (ITU) and the Engineering Research Unit of the Open University of Sri Lanka. The meeting focussed on the role of consumer societies in the telecommunications industry and their contribution to sectoral reforms. Several representatives of consumer societies and experts on the subject in the Asia - Pacific region attended the meeting. There were representatives from the Indonesian Consumer Organisation, Australian Telecommunication Users Group Ltd., National Farmers’ Federation of Australia, Telecom Users Group of India, Consumers’ Forum in Basrur, India, and the Telecommunications Users' Association in Sri Lanka. Four representatives from the ITU and several lecturers from the Open University of Sri Lanka and Post Graduate Institute of Management of the Sri Jayawardenapura University also participated in the meeting. Most of these representatives presented papers at the meeting which was followed by discussions and a resolution being adopted at the conclusion of the meeting.

The primary objective of the Meeting was to seek the views of telecommunications Consumer Societies in order to enhance their role in the regulatory process. Other objectives included:

• determining ways of facilitating timely access to reliable information of interest to the consumer;
• working toward the recognition of consumer entities in order to enhance the access of the national regulator to the public;
• recognition of consumer groups as a means of easing the regulatory cost burden;
• working toward the recognition of Quality of Service (QoS) from a User perspective;
• lobbying the ITU to recognise consumer societies as stake holders in the telecommunications sector, and thereby, facilitating the right of consumer groups to participate in ITU related activities; and
• formulating proposals for the recognition and monitoring of QoS from a consumer perspective.

The Sri Lanka paper, Telecommunications: The Role of Consumer Societies was presented by CPA. The paper highlighted the deficiencies in consumer protection mechanisms in the Sri Lankan telecommunications sector, and made recommendations as to legislative and procedural reforms. Comparative legislation and practices from other jurisdictions such as the United Kingdom, Australia and South Africa were relied upon heavily for purposes of evaluation and recommendations. The need to empower consumers to participate in sectoral reform by affirming their right to communication and information was emphasised along with recommendations on how to enhance the recognition of consumer societies by the regulatory regime. The paper also evaluated whether there is adequate representation of various consumer needs and groups. The effectiveness of procedural requirements such as consultation, public hearings, public opinion surveys, and the use of advisory bodies by the regulator, were examined. The paper also explored the role of the Telecommunications Regulatory Commission (TRC) of Sri Lanka in safeguarding consumer rights and interests. The need for transparency and accountability in the decision-making process was evaluated along with recommendations to improve consumer input on policy decisions. Finally, the paper addressed considerations of public interest which should prevail in the constitution and functioning of a regulatory authority, and made recommendations for legislative reform to ensure that consumer interests are given adequate weightage in future sectoral reforms.

The bulk of the funding for the workshop, including the seminar costs, travel and accommodation of the foreign participants, was provided by the International Telecommunications Union. SIDA funds were used as a counterpart contribution to cover the costs of the local participants.

Follow up

As a follow up to the seminar CPA convened a meeting of consumer societies, lawyers and human rights activists on 29 November. The ITU has asked CPA to coordinate an initiative to gain consumer society recognition by the TRC and acceptance that consumers are important stakeholders in the telecommunications sector.

CPA’s opinion polling unit, Social Indicator, will conduct an opinion poll among telecommnication consumers in mid 2000. CPA functions as the Sri Lankan focal point for the ITU’s regional activities/initiatives.

Written submissions of the Centre for Policy Alternatives to the Commission inquiring in to the conduct of the GMOA

4^th October 1999

These submissions were made on the 4^th October 1999. Whilst conceding that the Government medical officers have a genuine grievance and that the Government owes them a duty in alleviating their grievances to the utmost extent possible under the law, the Centre for Policy Alternatives was of the view that it was imperative the provisions of the 13^th Amendment of the Constitution be firmly upheld. CPA was of the view that, any departure from the observance of these provisions would not only infringe the Constitution but also jeopardise the efforts to find a political solution to the ethnic problem.

CPA based its submissions on the premise that a basic feature of a constitutional democracy is the supremacy of the Constitution. If the Constitution is supreme, it necessarily follows that all the organs of Government, all institutions and all citizens are subordinate to it. Parliament too is subordinate to the Constitution. Since Parliament derives its authority from the Constitution, it cannot validly pass laws and neither can the Executive adopt ministerial directives which violate the Supreme Law.

Having submitted written submissions to the Commission inquiring in to the conduct of the GMOA, a delegation from CPA appeared before the Commission to give oral evidence on this issue.

Seminar on Child Labour

1^st July 1999

The CPA organised a workshop on "Child Labour: Implementing Legal Reform" at the Galadari Hotel , Colombo on the 1^st July 1999.

The seminar was organised with the objective of discussing how best to implement legal reforms related to child labour. Effective legal reform is an priority objective of the CPA, and it was hoped that the workshop would initiate a practical and effective contribution to the legislature concerning child labour which would help in the progressive elimination of all forms of child labour prevalent in Sri Lanka.

There is much that could be done in the area of child rights. The seminar organised by the CPA was a recognition that there is still a lot to be done to underpin that commitment in terms institutions, processes and in terms of actual work. The priority was to look at the existing laws, the international covenants and obligations and assess the extent to which the domestic legislature has to be brought in line with international commitments.

The CPA prepared a paper to be used as a basis for discussion at this Seminar. Extensive research was carried out for this purpose by two researchers which involved field as well as academic studies.

Follow up

As a follow on to the seminar a document containing the actual proceedings, and final recommendations and papers presented at the seminar was prepared by the CPA.

Krishanthi Kumaraswamy and the Embilipitiya Murder trials and its impact on Human Rights - (Discussion on Human Rights)

29^th June 1999

Public Library Auditorium

The public seminar organised by CPA drew on some lessons from the Embilipitiya student disappearances and the Krishanthi Kumaraswamy murder trials. Both these cases have been heralded as landmark cases in holding members of the armed forces accountable for human rights violations. The seminar intended to highlight the issue of relative impunity for security force personnel with regard to human rights violations which goes to the heart of democratic governance and nation building and how it impacts directly on the legitimacy of the state and its ability to perform the vital role in healing and reconciling the divisions that have plagued Sri Lanka over the last two decades.

The proceedings were bilingual (Sinhala and English) and included the following speakers - Chandra Pieris, Chairman of the Association of the Parents and Children of Abducted Persons, Javid Yusuf - Human Rights Commissioner, Sunila Abeysekera - Human Rights Activist, INFORM, Vasudeva Nanayakara – M.P., Maheshwary Valayuthum - Lawyer and Human Rights Activist.

Chairman of the Association of the Parents and Children of Abducted Persons, Chandra Pieris, outlined the role played by his association in raising awareness and pressurizing authorities into taking action through picketing campaigns, demonstrations, exhibitions and petitions.

Human Rights Commissioner Javid Yusuf, spoke on the responsibility of civil society and NGO’s. He pointed out that unlike the Embilipitiya student disappearances, where it took a considerable amount of time for the crimes to be brought before the court, in the Krishanthy Kumaraswamy rape-murder case the process was much faster. Yusuf attributed this largely to the vigilance and interest shown by NGO’s and the civil society.

Follow up

CPA has published a monograph on the proceedings of the seminar. The seminar served to alert Sinhala speaking people in the southern parts of the country to the problems faced by Sri Lankan Tamils at the hands of the armed forces.

Workshop on Decriminalising of Homosexuality

22^nd May 1999

CPA organised a workshop on "Decriminalisation of Homosexuality" on 22 May 1999. The panel discussions were based on the following topics. Human sexuality, sexual self determination as a human right and decriminalisation of homosexuality - strategies for the future.  

Follow up

The proceedings and final deliberations that emerged were published by CPA.

CPA continues to advise Companions on a Journey , a homosexual support group on legal matters and supports the ongoing campaign to decriminalise homosexuality.

The Peace process and responsibility of minority parties

6^th March 1999

D S Jayasinghe Hall

A public seminar in Tamil and English on the above topic organised by the CPA focused on the ethnic conflict and the process of a negotiated settlement. The series of topics discussed at the seminar included Self Government; the only solution by K. Balanadarajah, The Common Enemy, by Mavai Senadeerajah, (TULF);The importance of the Thimpu Principles by G.G. Ponnambalam, The Hypocrisy of the Peace Negotiators by N.Sri Kantha, The Rights of the Muslim Community by Manoganeshan, Autonomy as a symbol by P.G. Devaraj, Experience of two ethnic groups in the North by Moulavi and A.S. Supiyan. These discussions were followed by a discussion on the relevant topic.

CPA published the proceedings of the seminar.

Seminar on Ethnic Conflict and the Responsibility of
the Civil Society

30^th January 1999

Public Library, Colombo

A seminar in Sinhala on the ethnic conflict and the responsibility of the members of the civil society in conflict resolution. Patrick Amarasinghe, President of the Association for Small Businesses, Mahinda Samarasinghe M.P. and Victor Ivan (Editor, Ravaya) were the main speakers at this seminar. The discussion that ensued endeavored to highlight the fact that civil society had failed to prevail on the political parties to bring about a negotiated settlement and stressed the responsibility of civil society to exert pressure on the relevant political actors to set aside party differences and negotiate a peaceful settlement to the ethnic conflict.

Follow up

CPA published a monograph on the seminar proceedings.

Workshop on HIV/AIDS and Human Rights

28^th January 1999

Public Library

CPA organised a workshop for students (School Prefects) of the schools in the Colombo District. The seminar was conducted in the Sinhala language. Around 300 students participated in this workshop. The main objective of this workshop was to was to obtain a sample testing of the knowledge and awareness of these students on HIV/AIDS. This workshop was also organised with a hope of raising medical as well as social awareness on this topic in order to make them sensitive to the human rights of AIDS patients. Dr. Kamalika Abeyratne a person living with AIDS spoke of her experiences and how the lack of proper knowledge about the disease among the public made them insensitive to a needs of a person suffering with AIDS.

Dr. Sujatha Samarakoon, Ministry of Health and Dr. Saravanamuttu of CPA also addressed the meeting.

Follow up

CPA hopes to publish an analysis of the feedback received from the students at this workshop. CPA also hopes to continue this programme of educating students from different parts of the country on HIV/AIDS as well as give them an insight into the human rights violations that occur due to a lack of knowledge and insensitivity to this disease.

CPA has also expressed concern about a proposed new law on HIV/AIDS. The main objective of the law appears to be the establishment of a special HIV/AIDS Authority, rather than the protection of the rights and dignity of persons living with HIV/AIDS.

Activities conducted in: 1998 - 1999 - 2000 - 2001 -2002