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Seminars
/ Workshops / Discussions
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24th September 2001 |
A Panel Discussion on "Constitutional Council and Independent Commissions: Will They Be Established?" |
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11th September 2001 |
Discussion on Freedom of Information (follow up) |
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23rd July, 2001 |
Discussion on the Prorogation of Parliament and the Referendum of 21st August, 2001: What do they mean? |
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29th March 2001 |
Discussion on Freedom of Information |
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5th and 6th March 2001 |
Consultations with Doctors and Hospital Administrators, Migrant workers and relevant organizations and with Civil society on HIV/AIDS in Sri Lanka |
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24th February 2001 |
Seminar on Small Arms in South Asia: National Challenges |
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23rd February 2001 |
Discussion on the Four Foundational Principles of Constitutional Law for Multi-Ethnic Societies; The Canadian Example |
A Panel Discussion on "Constitutional Council and Independent Commissions: Will They Be Established?"
24th September 2001
CPA organised a discussion on the Constitutional Council and the Independent Commissions which was been debated in Parliament. There was much uncertainty among the general public and among the parliamentarians even at the time the draft was been debated in Parliament as to what was in the 17th Amendment as there was over 10 drafts during the week and much disagreement with regard to the constitution of the constitutional council it self. The Constitutional Council and the Independent commissions bring deeper, fundamental underlying issues with regard to governance which should be focused on. The challengers facing the country are linked: The commissions and the constitutional council have been proposed as a means by which the questions with regard to governance are to be addressed. It is clear that the competition for power between the political parties is a serious obstacle to theses good practices and institutions and processes of governance being established. Despite a unanimity on this issue from the inception, the question of who should have a competitive advantage and weather theses issues should be politicised had again emerged threatening the entire project of constitutional reform with regard to democratic governance.
Discussion on Freedom of Information
11th September 2001
Centre for Policy Alternatives hosted a follow up discussion on freedom of information with NGO activists, media personnel and academics to develop a successful national advocacy strategy and campaign on the Right to Information. Recommendations were made with regard to amendments to the final draft of the Editors Guild bill, to carry out a postcard or letter campaign in order to push the issue of the Editors Guild Bill to the Speaker and party leaders. It was decided upon to carry out a campaign to make people aware of the Bill, the contents of it and how it could be used by the people.
Discussion on the Prorogation of Parliament and the Referendum of 21st August, 2001: What do they mean?
23rd July, 2001
Centre for Policy Alternatives (CPA) in association with Friedrich Naumann Stiftung (FNS) facilitated a discussion under the above heading on the 23rd of July 2001 at the CPA premises. This was in order to focus attention on a number of issues which were of considerable importance that had been raised by the unprecedented political developments in the country during this period. In particular were the orders proroguing Parliament as well as calling for a referendum to seek a mandate for a new Constitution. A need for such a discourse was clearly needed as it was apparent that there was confusion in the public mind as to the precise situation and what the consequences of such political manoeuvrings were. Apart from analysing the current political process this was also an opportunity for the active members of civil society to try and intervene in the present political crisis or at least to create a space in which the voice of the people whose lives are affected could be heard.
Sunila Abeysekera of INFORM, Rohan Edrisinha Director Legal, Centre for Policy Alternatives and Sunanda Deshapriya consultant, Media Monitor Unit, Centre for Policy Alternatives served as panellists. The panellists spoke on different aspects of the prevailing political crisis. Sunila Abesekera whilst speaking in general about whether or not this process of proroguing parliament and call for a referendum is constitutional or legal, spoke in particular about the history of constitution making in Sri Lanka. She also dwelt at length about what kind of framework and what kind of mechanism could possibly help in this moment of conflict to move beyond and through this conflict in a way so as to reach a solution that adequately represents all Sri Lankan communities. Rohan Edrisinha spoke of the constitutional and legal issues involved in respect to the prorogation and referendum. It was his view that whilst it was clear that the prorogation was undemocratic, unethical and immoral he did not agree that the prorogation was unconstitutional. It was his view that it merely was a reflection of a weakness in the present Constitution. He in his submission stated that, it was indeed a sad fact that the President of Sri Lanka, under the present Constitution has the power to summon, prorogue and, subject to certain qualifications dissolve Parliament virtually at any time. However, he stressed more on the issue of the referendum, and questioned as to why the President suddenly decided to have a referendum at this time. He concluded that it was obviously a blatant political move, a diversionary tactic to shift the focus of attention from the motion of no-confidence against the Government. Mr. Edrisinha went on to explain at length the constitutional aspects of a referendum and proceeded to analyse the very nature, and even the wording of the question intended to be posed at this referendum. The question being "Is a new constitution as a matter of national importance and a necessity, needed for the country?" He surmised that the intention of this question was to get a mandate from the people to introduce a new constitution as a matter of necessity by invoking the "doctrine of necessity" Mr. Edrisinha criticised the attempt by the Government to introduce a new constitution through unconstitutional or extra constitutional means. The Third panellist Sunanda Deshapriya whilst agreeing with the other two panellists that this was perhaps the most critical moment in the country’s history in terms of constitutional making he also pointed out that there was crisis of political legitimacy of Rulers. He raised fears about the prevailing climate of uncertainty and confusion even among the more active members of civil society. He said that this period was a challenge for members of civil society to move forward maintaining their identity and independence and yet taking a stand for what they believe are the principles of democracy and human rights.
Following the panel presentations the forum was opened for active discussion by the participants who debated at length the legality and/or constitutionality of the recent political manoeuvrings as well as the moral and ethical dilemma which it posed.
Discussion on Freedom of Information
29th March 2001
Sri Lanka lacks a freedom of information law. Instead, there are a number of pieces of legislation that promote secrecy and undermine the free flow of information. One of the major weaknesses in governance in Sri Lanka is the absence of transparency and the strong prevailing culture of authority and secrecy, which undermines accountability and prevents people’s effective participation in law and policy making process. This has contributed to the formulation of laws and policies which are ‘people unfriendly’, in that they are designed to promote executive convenience rather than the rights of ordinary people. It is in this context that the Centre for Policy Alternatives facilitated an consultative meeting with NGO activists, media personnel and academics, with a view to developing a successful national advocacy strategy and campaign on the Right to Information.
Consultations with Doctors and Hospital Administrators, Migrant workers and relevant organizations and with Civil society on HIV/AIDS in Sri Lanka
5th an 6th March 2001
CPA organized three consultations with doctors and hospital administrators, organizations working with migrant workers and civil society as a part of CPAs initiative in the regional mapping of laws, ethics and judicial pronouncements of HIV/AIDS in Sri Lanka with the ulitmate aim of formulating a National Policy on HIV/AIDS in Sri Lanka. The consultation with doctors and hospital administrators included nurses as well and was targeted at medical professionals who came into contact with HIV/AIDS in the course of their work. Among those present were doctors of various specializations- surgeons, pediatricians etc. The consultation with organizations working with migrant workers was targeted at bringing together all the players involved in migrant labour. The government department or organisation dealing with issues of migtan labour, which is the Foreign Employment Bureau was represented and so were NGOs working in the area of migrant labour. The consultation with civil society sort to incorporate the issues surrounding HIV/AIDS and the rights of people living with HIV/AIDS into the broader human rights discourse.
Seminar on Small Arms in South Asia: National Challenges
24th February 2001
Salon Orchid, Hotel Galadari, Colombo.
The Centre for Policy Alternatives in collaboration with the South Asia Partnership, Sri Lanka (SAPRI) organised a seminar on the above topic. This initiative was supported by the Canadian Department of Foreign Affairs and International Trade.
The widespread proliferation of small arms and its debilitating impact on stability and security will be the subject of a UN conference in July 2001. Given the scale of the problem and its continued increase in South Asia, the importance of a regional approach to its resolution is reinforced. Accordingly, a regional South Asia conference is planned for April 2001 in Dhaka and the above seminar was one of several such seminars in other South Asian capitals, in preparation for the Dhaka meeting. The overall objective is to ensure full and positive South Asian Participation at the July conference and in regional actions to effectively address the problem of small arms proliferation.
The above seminar helped facilitate this process by providing an overview of the dimensions of the problems at the national level, which can be fed into the discussion of a regional approach at the Dhaka conference. The main presentations at this seminar were made by MR. Tassie Senevirathne, Former SSP and Director, Special Branch, Police and MR. Don. Hubert, Consultant, Department of Foreign Affairs and Internal Trade, Canada.. Mr. Senevirathne presented the National Paper on "Proliferation of Small Arms" and Mr. Hubert’s presentation was on Global Responses to the Challenges of Small Arms. These presentations were followed by a discussion which was attended by a wide cross section of the civil society. A notable contribution was made at this discussion by service personnel of the Army Navy and Air Force and retired personnel of the above forces. The Canadian High Commissioner, H.E. Ruth Archibald also spoke at this Seminar.
Discussion
on the Four Foundational Principles of Constitutional Law for Multi-Ethnic
Societies; The Canadian Example
23rd February 2001
Hotel Galadari
Prof. Errol Mendes from the University of Ottawa spoke on the ‘Four Foundational Principles on Constitutional Law for Multi-Ethnic societies; the Canadian Example. This discussion was based on the recent decision of the Canadian Supreme Court in the Quebec Secession Reference Case where the Court established four fundamental principles which have force of law in the Canadian Multiethnic State, namely, Democracy, Federalism, Constitutionalism and the Rule of Law and the Protection of Minorities. The Supreme Court in what has to be a first anywhere in the world stated that these principles can even be applied to any attempts at secession. This discussion was timely and relevant in the Sri Lankan context as well because it facilitated a discussion where it was considered whether these principles in modified form, would have any relevance to other mult-ehtnic states including Sri Lanka.
Follow up
In order to make Justice Albie Sachs view on this topic accessible to the legal community as well as the general public CPA intends to publish the presentation in the form of a monograph. This publication would be in Sinhala, English and Tamil.
