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Seminars / Workshops / Discussions
organised by CPA

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

2000

Seminar on Parliamentary Elections 2000, Responses to Irregularities: Anomalies and Contradictions

14^th November 2000

BMICH, Colombo

A seminar titled ‘Parliamentary Elections 2000, Responses to Irregularities: Anomalies and Contradictions’ organised by the Centre for Policy Alternatives (CPA) in collaboration with the Friedrich Naumann Stiftung (FNSt) was held on the 14^th November 2000 at the BMICH Committee Room ‘D’ from 9. 00 am –1.00 pm.

The seminar addressed a whole gamut of election related issues with special emphasis on the Parliamentary Elections 2000, incidents of election violence, malpractice and the responses to such irregularities. It also provided a forum to discuss the adequacy of laws relating to elections and made recommendations to improve the existing laws with regard to elections.

Dr. Arjuna Parakrama, Coordinator of the Centre for Monitoring Election Violence (CMEV) spoke of the experiences of the CMEV in its exercise of monitoring elections with special emphasis on the Parliamentary Elections 2000. Dr. Parakrama also gave an objective assessment on the extent of physical violence, intimidation, rigging and ballot-stuffing, its influence on the final outcome of elections and the validity of the outcome of a flawed election.

Mr. Rohan Edrisinha, Director, Centre for Policy Alternatives spoke on the laws relating to elections and highlighted the inconsistencies in the election laws. He stressed the importance of the Commissioner of Elections being independent but also accountable and transparent with respect to decision making. A main point of discussion at this seminar was the adequacy of the power of the Commissioner of Election to annul polling in polling stations which recorded a high incidence of violence. The seminar focused on the arbitrary nature of the Commissioner’s actions in this regard and critically examined the elections laws in order to recommend a consistent mechanism which regulate the Commissioners actions in response to flawed elections.

The seminar concluded with a panel discussion at which representatives of the main political parties expressed their views on the presentations. The panelists invited were Hon. D.M. Jayarathna M.P. (PA) Hon S.B. Dissanayaka M.P. (PA) Hon. Mangala Samaraweera M.P. (PA) Hon. Karu Jayasuriya M.P. (UNP) Hon Nandana Goonethilake M.P. (JVP) Hon. Rauff Hakeem (NUA), Mr. R. Sampanthan (TULF) and the Commissioner of Elections.

The Hon. Ministers of the Peoples Alliance and the Commissioner of Elections failed to participate at the seminar and the Peoples Alliance was represented by Mr. Sripathy Sooriarachchi, Convenor of the PA Polls Watch.

Discussion on the PA – UNP Consensus on the New Constitution

29^th July and the 5^th August 2000

A discussion on the PA-UNP Consensus on the New Constitution was held at the BMICH on the 29^th July and the 5^th August 2000 from 9.00 a.m. to 1.00 p.m. This discussion was organised by the Friedrich Naumann Stiftung (FNSt) Sri Lanka and the Centre for Policy Alternatives (CPA) in recognition of the importance of the recent developments in the constitutional process and in order to facilitate debate on the subject.

The discussion on the 29^th focused on issues of Constitutionalism, Supremacy of the Constitution, Fundamental Rights, Independence of the Judiciary, Electoral Systems, and the proposed Election and Public Service Commissions. Mr. L.C. Jain, Former Member of the Planing Commission of India was the guest speaker. Mr. Jain had also been India’s High Commissioner to South Africa and has for the past 50 years been engaged in socio-economic development at the level of policy planning and implementation. In his address he mainly focused on the ‘imperatives of Peace and Consensus’. Rohan Edrisinha from the Centre for Policy Alternatives delivered a critique of the PA – UNP Proposals. Hon. M.H.M. Ashroff, Minister of Port Development Rehabilitation, Hon.Batty Weerakoon Minister of Science & Technology, Hon. Tyronne Fernando of the UNP, all of whom participated in the PA – UNP dialogue on the proposed Constitution, comprised the panel.

The second part of the discussion was held on the 5^th August and concentrated on devolution, with special emphasis on issues pertaining to the Nature of State, Unit of Devolution, Devolution of Powers, Safeguards to Minorities, Interim Arrangements etc. Mr. Kethesh Loganathan of the Centre for Policy Alternatives presented a paper on titled "Devolution – From the 13^th Amendment to the New Constitution Bill – An Overview of Some Contentious Issues".

Mr. R. Sambandan (TULF) Mr. Vikneswaran (EPDP), Mr. Zuhair (SLMC), Prof. Tissa Vitharana of the National Peace Alliance, participate in the panel discussion. Mr. Karu Jayasooriya who participated in the Seminar gave a brief account of the UNP stand on the Proposed Constitution in the absence of Dr. Karunasena Kodituwakku who was invited as a Panellist.

Seminar Series on Structure and Processes of Negotiations

13^th May & 27^th May, 2000

Objective

There have been several attempts at a negotiated settlement in the past – none of which had succeeded in laying the foundation for a durable and just Peace. Peace negotiations, by and large, have at different junctures either focused on the structure (i.e. constitutional and institutional reforms/arrangements) or the process (i.e. interim administration, modalities of cease-fire etc). However, rarely have past negotiations in resolving the ethnic conflict in Sri Lanka conceptualised or operationalised structure and process as inseparable components in negotiations.

We therefore felt it necessary to look into the multi-dimensional aspects of structure and processes in negotiations.

Format

Accordingly, the Conflict and Peace Analysis Programme of the Centre for Policy Alternatives (CPA) organized a two-part Seminar - one focusing on the Structure and the other on the Process, in an attempt at exploring a workable synthesis.

The key speakers and the discussants were all leading personalities in the spheres of constitutional reform, governance, conflict resolution and politics. A conscious policy was taken to accommodate a broad spectrum of opinion within the peace constituency as well as the national polity. The voices of Sinhala and Tamil extremism were excluded from this forum in order to avoid undue digressions from the primary objective of the seminar series.

The invitees included academics, intellectuals, professionals, peace and conflict resolution practitioners, diplomats and representatives of international aid agencies and NGOs.

We give below the agenda:

Seminar I (13^th May): Negotiations on Structure

Introduction: Placing Structure and Process in Perspective

Dr.Paikiasothy Saravanamuttu (Moderator)

An Assessment of the recent PA/UNP Proposals and Dialogue

Mr. Godfrey Gunatilleke, Marga Institute

Discussants: Dr.Jayampathy Wickremaratne, Consultant, Ministry of Justice and Constitutional Affairs, Mr.Mahinda Samarasinghe MP, Mr.Joseph Pararajasingham MP.

Alternatives to the UNP/PA devolution proposals

Mr. Rohan Edrisinha

Discussants: Dr. Radhika Coomaraswamy, Dr.Laksiri Fernando, Director Centre for the Study of Human Rights, Dr. Sumanasiri Liyanage 

Introduction: From Seminar 1 ("Negotiations on Structure") to Seminar 2 ("Processes in Negotiations")

Dr.Shelton Wanasinghe (Moderator)

Recurring Themes in Conflict Resolution in Sri Lanka by

Ms.Liz Philipson (Visiting Fellow, Centre for the Study of Global Governance, The London School of Economics & Political Science, U.K)

Discussants:, Mr.Rauff Hakeem MP, Mr.Bradman Weerakoon, Dr.Jayadeva Uyangoda

Some Dilemmas of Peace and Human Rights Activism in Sri Lanka by

Dr.Alan Keenan ( Post-Doctoral Fellow, Solomon Asch Centre for Study of Ethnopolitical Conflict, University of Pennsylvania)

Discussants: Mr.Jehan Perera, Mr.Kethesh Loganathan

Outcome

The seminars, which were held at the Sri Lanka Foundation Institute, were well attended on both days. Around 50 persons attended each one of the seminars.

Although, there was an in-depth analysis of the structure and processes of past negotiations and some futuristic projections, the link between structure and process was not adequately addressed. The deliberation on the dilemmas facing peace and human rights activism, while throwing up more dilemmas, possibly contains the seeds for converting the peace movement in Sri Lanka from that of an amorphous constituency, that lacks potency, to one that functions with a singularity of purpose and unity.

Follow-Up

The proceedings of the 2-part seminar series, along with position papers and a commentary, will be published in all three languages. In addition, CPA proposes, in collaboration with its partners, to conduct workshops to further address differences in emphasis within the peace constituency and the constitutional reform movement in Sri Lanka. In this, the primary objective is the strengthening the peace process centered around viable and progressive structures.

Symposium on the Laws and Practices regulating Sports
in Sri Lanka

6^th of May 2000

Sri Lanka Foundation Institute

This symposium focused on the autonomy of sporting bodies and Board of Management, the role the role of a Ministry of Sports in a liberal democratic state, and legal reform. Recent developments in Sri Lankan sports was reviewed in the light of the above.

CPA presented a paper at this seminar which highlighted the weaknesses of the Sports law in Sri Lanka. The paper went on to state that certain provisions of the Sri Lankan sports law undermine the autonomy of governing bodies of sport and raises the question as to whether the wide powers of discretion granted to the Minister of Sports are conducive to the effective functioning of sports and sporting bodies in Sri Lanka. This paper also did a comparative study of the Sri Lankan Sports Law with the sports laws of countries such as India, United Kingdom, Australia, South Africa, New Zealand in order to come up with a set of recommendations for the improvement of the Sri Lankan Sports Law.

The panellists for the Seminar were eminent sports persons with a long standing interest and experience in sports. A healthy discussion ensued and differing schools of thought were noted where some participants felt the need for greater state regulation than others with a view to promoting equity and development in sports.

Follow up

The seminar highlighted a fundamental weakness in the governance of Sri Lanka: the politicisation of activities and processes which should be independent of governmental interference.

CPA is in the process of publishing the proceedings of the Symposium in Sinhala, Tamil and English.

Civil Society Statement on the Constitution Making Process

23^rd March 2000

Concerned about the manner in which the constitution making process was being conducted and reports to the effect that fundamental elements of democratic governance were being jettisoned and modified, CPA took the initiative in convening and coordinating a meeting of high profile civil society activists and intellectuals to express collective concern. These discussions led to the release of a statement on the lack of transparency in the process and on the dangers of insufficient attention to fundamental elements of democratic governance in the substantial provisions of the new constitution. The statement was released to the three language media and was given wide coverage. The statement was sent to all party leaders with the request for a meeting with them to discuss the issues raised in the statement. Meetings were held with the Leader of the Opposition, the JVP with that party’s presidential candidate participating, the Lanka Sama Samasaja Party or LSSP – a constituent member of the ruling PA. Meetings continue and are scheduled to be held with the Communist Party and the Independent Presidential Candidate Mr Vasudeva Nanayakkara.

The President responded by letter to the statement, observing that the issues raised were of considerable importance and that some of them had been brought up in discussions between the Government and Opposition UNP. She regretted not being able to give the group an appointment as requested, but held out the possibility of one being granted in the future.

The response of policymakers at the highest level and the coverage received in all three language media, attests to the importance of a vibrant civil society on governance issues and to the contribution of CPA in this regard.

Seminar on the Right to Vote and the Law Relating to
Election Petitions

26^th February 2000

SAPSRI Auditorium, Colombo.

The intention here was to highlight the need for reform of the laws governing the electoral process and to complement the work done by CPA as part of the Centre for Monitoring Election Violence (CMEV). The objective is to raise awareness and thereby build up pressure for reform of the laws to augment democratic governance. The issue of a demonstrably independent Electoral Commission is very much part of the reform agenda and has been flagged in the context of ongoing discussions on a new constitution, the experience of the 1999 Presidential Election and the impending General Election. A Background Paper on Electoral Laws was prepared by Sundari de Alwis and Rohan Edrisinha of CPA. The Background Paper discussed the existing laws as well as reviewed a number of recent petitions and judgements on cases pertaining to elections, most of which CPA was directly involved in. Mr R.K.W. Goonesekere, Chairperson of the Civil Rights Movement and the leading human rights lawyer, made a presentation on the election petition case which followed the 1988 Presidential Election and commented on the legal regime governing elections in general. A panel discussion followed, led by contributions from Sunil Bastian, Director CPA and Dr Jayatissa de Costa , Attorney at Law. A representative sample of opinion and policy-makers attended the seminar and CPA will use the resource material and transcripts in its continuing advocacy of reform of the laws relating to elections. The material put together for this seminar plus the data and reportage collected in the course of its CMEV work, identifies CPA as having an invaluable collection of material on elections in Sri Lanka, which can be used for both research and advocacy.

Follow up

CPA is in the process of publishing the proceedings of the above seminar. The seminar also supported CPA’s more general campaign to promote free and fair elections and law reform to further this objective. CPA has filed several cases in support of initiatives to promote the above objective and coordinates the activities of the Centre for Monitoring Election Violence.

Address by Justice Albie Sachs

29^th January 2000

Justice Albie Sach, an activist, a leader of the African National Congress and a leading personality in the struggle against Apartheid, and presently Judge of the Constitutional Court of South Africa, addressed a public forum organised by the Centre for Policy Alternatives on the topic "Making economic, social and cultural rights constitutionally enforciable: Lessons from South Africa.

CPA is concerned about the fact that in the whole constitutional reform debate in Sri Lanka over the past few years, the focus of attention has been about the devolution of power since it has a direct bearing on the search for a political solution to the ethnic conflict. And that in the process vital areas of economic, social and cultural rights would be neglected. The topic for the presentation by Justice Albie Sachs was chosen precisely in view of Justice Albie Sachs expertise in the area of how to make economic, social and cultural rights justiciable.

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