CPA Comms Officer on 25 May, 2026

Statement on the Continued Delay of Provincial Council Elections

25 May 2026, Colombo: The Centre for Policy Alternatives (CPA) expresses profound concern at the continued failure of successive governments—and now the present administration—to hold Provincial Council elections, despite clear public commitments and manifesto pledges to do so within a defined timeframe.

It is now more than a decade since elections to Provincial Councils were last conducted, with the last held in 2014.  The prolonged absence of elected provincial representatives has severely undermined the functioning of Sri Lanka’s system of devolved governance and eroded the democratic rights of citizens across the country.

At the core of this crisis lie unresolved legal and procedural issues stemming from the Provincial Councils Elections (Amendment) Act 2017, including the transition to a new electoral system and the requirement for fresh electoral boundary delimitation. While these challenges are real, it is equally clear that they have been repeatedly invoked to justify inaction. The delimitation process remains incomplete and disputed, and the absence of a coherent legal framework continues to prevent the conduct of elections. Yet, these are matters squarely within the competence of Government and Parliament to resolve.

CPA notes with particular disappointment that the present Government, which campaigned on a platform of democratic renewal and accountability, has failed to prioritise the necessary legislative and administrative measures required to break the impasse. Despite earlier assurances that Provincial Council elections would be held within a year of assuming office, recent statements indicate further postponements, citing legal ambiguity, fiscal constraints, and other emerging challenges. This pattern closely mirrors the conduct of previous administrations and raises serious concerns about the political will to restore democratic governance at the provincial level.

CPA is especially troubled that the Government’s policy position on the postponement of Provincial Council elections has been publicly articulated by Tilvin Silva, the General Secretary of one constituent party of the ruling coalition, rather than by a constitutionally accountable Cabinet Minister in Parliament. Mr Silva, who is not in Parliament and does not hold ministerial office, has outlined the Government’s reasoning for delay, including financial constraints and legal complications, in recent media statements.

The fact that such a critical matter of public policy—directly affecting the exercise of the franchise, the operation of constitutional institutions, and relating to the existing constitutional settlement of ethnic relations that is also part of an international treaty with India—is being communicated by a party official outside the formal structures of the state raises serious concerns about transparency, accountability, and the integrity of democratic governance. It suggests an increasingly blurred boundary between party and state, and gives rise to troubling questions as to where executive authority is in fact located.

Mr Silva, representing the Janatha Vimukthi Peramuna (JVP), is also not the person who can inspire public confidence in the Government’s commitment to devolution given the JVP’s past record in opposition to that policy, including insurrectionary violence, populist mobilisation, and the use of the courts to stymie every effort at ethnic accommodation and power-sharing.

In particular, this development raises the spectre of a parallel configuration of power, in which party structures operate alongside—or potentially above—constitutionally mandated institutions. As we have highlighted before in relation to the Praja Shakthi and Clean Sri Lanka initiatives, CPA is concerned that this points to the possible construction of a party-state dynamic in Sri Lanka, where decision-making authority is exercised through informal or extra-constitutional channels rather than through institutions subject to democratic oversight and legal accountability. Such a trajectory is incompatible with the fundamental principles of the Constitution and risks further eroding public trust in governance.

The continued postponement of elections has resulted in Provincial Councils being administered by Governors appointed by the central government, in contravention of the spirit of representative democracy and the framework of devolution envisaged under the Thirteenth Amendment to the Constitution. The absence of elected bodies has weakened accountability, centralised decision-making, and contributed to a vacuum of democratic governance that disproportionately affects already marginalised regions.

CPA is further concerned that the delay risks eroding public confidence in democratic institutions and processes. Elections are not a matter of political convenience; they are a constitutional obligation and a fundamental expression of the sovereignty of the people. The persistent failure to hold Provincial Council elections, despite repeated promises, constitutes a serious breach of that obligation.

In light of these concerns, CPA calls on the Government to:

  1. Take immediate and concrete legislative action to resolve the legal ambiguities surrounding the electoral system, including, if necessary, enabling the conduct of elections under the previous proportional representation system as an interim measure;
  2. Establish a clear and time-bound roadmap for the completion of the delimitation process or alternative legal arrangements;
  3. Ensure that all official policy positions are articulated and communicated by constitutionally accountable office-holders, in keeping with principles of good governance and democratic accountability;
  4. Publicly reaffirm its commitment to holding Provincial Council elections without further delay and ensure transparency in all actions taken towards this end; and
  5. Respect the democratic rights of the people of Sri Lanka by restoring elected provincial governance as a matter of urgency.

The continued delay in holding Provincial Council elections is not merely a technical or administrative issue; it is a fundamental question of democratic legitimacy, constitutional governance, and political accountability. CPA urges the Government to act decisively and without further delay to honour its commitments and uphold the democratic rights of the people of Sri Lanka. In doing so, the Government must at all times speak and act through democratically elected and accountable office-holders authorised by the Constitution. In particular, policy statements of such gravity must not be announced by the General Secretary of the JVP through the media, but be made on behalf of the Government in Parliament, by a member of the Cabinet bound by collective responsibility, and subject to the controls of parliamentary scrutiny and confidence.

CPA Comms Officer on 11 May, 2026

Bridging the Palk Strait: Assessing Indo-Lanka Land Connectivity

At its core the Brief is concerned with the question of where growth for Sri Lanka will come from and aims to revive consideration for Indo-Lanka land connectivity as one such avenue for growth. Greater economic integration with India, soon to be the world’s third largest economy, has the potential to accelerate economic development for Sri Lanka as a whole and in some of its most underdeveloped regions, particularly the north and east.

The proposed land bridge between Dhanushkodi in the South-East of Tamil Nadu and Talaimannar in the North-West of Sri Lanka will reduce the time taken and potentially the cost of Indo-Lanka trade. Naturally, this is inherently advantageous given that India is Sri Lanka’s largest trading partner. However, this will also facilitate Sri Lankan firms integrating with the supply chains of Southern India consisting of some of India’s most economically dynamic states, thereby promoting industrial development in Sri Lanka, particularly in the north and east. Tamil Nadu alone is projected to become a trillion-dollar (USD) economy by 2034, and its manufacturing clusters in textiles and automobiles represent vast supply chains into which Sri Lanka can integrate and industrially develop around.

Furthermore, the land bridge has the potential to improve Colombo Port’s competitiveness in facilitating Indian transshipment, a necessity in positioning Sri Lanka as the gateway to India and, thereby, the hub of the Indian Ocean. Though this also requires addressing port congestion, lagging capacity development, and the unwillingness to allow shipping lines to invest in terminals, all of which are impeding Colombo Port’s attractiveness as a transshipment hub.

Lastly, the land bridge would improve Indian tourist flows – the island’s largest source of tourists – to Sri Lanka. Apart from the passenger ferry service between Nagapattinam and Kankesanthurai which resumed in 2024, Indian tourists can only reach the island via air which is the most expensive mode of travel. The land bridge would make it much more affordable for tourists from Southern India to visit Sri Lanka, especially the Northern, North Central, and Eastern provinces which only see a small fraction of Indian tourists. As tourism is labour-intensive, this will increase employment opportunities in these provinces, catalysing local economic activity, and in the sector as a whole. Increasing tourist flows between Sri Lanka and India via land would also increase revenue for Sri Lankan transport services facilitating passenger travel and revenue from tolls.

While Sri Lanka may stand to gain considerably through land connectivity with India, the supposed risks must be assessed beforehand. The likelihood of an Indian invasion is already very low as India simply has no reason to. Additionally, greater economic integration in the form of land connectivity between the two countries would reduce that likelihood further. The misallocation of resources towards the army rather than the navy and the inefficiency of defence expenditure is a far more pressing concern in that regard.

Similarly, concerns that land connectivity would render Sri Lanka economically dependent on India are misplaced. It would maintain or deepen India’s dependence on Colombo Port for facilitating its transshipment and facilitate Sri Lankan industry servicing Southern Indian supply chains. In other words, the economic relations that would arise through land connectivity would increase mutual dependence between Sri Lanka and India instead of leaving Sri Lanka dependent on India.

Moreover, the fear that the land bridge will stoke secession in the north and east stems from a misunderstanding of the root causes of the movement. It was the result of severe Tamil discrimination in the post-independence years and the subsequent unwillingness to accommodate the Tamil community’s desire for a measure of self-governance in the north and east. Hence, addressing Tamil discrimination going forward and allowing for a functional system for the provincial devolution of powers is of significantly greater importance than the unsubstantiated concern that land connectivity will stoke secession.

Though the envisioned threats to sovereignty appear to be overstated, the land bridge may open up Sri Lanka to trafficking, especially in drugs, by land. Nevertheless, the problem persists via maritime routes and there are options available to Sri Lanka in order to mitigate trafficking via land. Many other jurisdictions connected by bridges contend with this problem, such as Malaysia and Singapore via the Johor-Singapore Causeway, from where Sri Lanka can adopt best practices.

Lastly, the concern of damage to the sensitive marine ecosystems surrounding the Palk Strait must be thoroughly investigated through a comprehensive environmental impact assessment with international consultancy. When choosing whether or not to pursue land connectivity with India, the environmental feasibility of the project must be taken into consideration.

Of course, this Brief is unlikely to be an exhaustive assessment of Indo-Lanka land connectivity’s merits and demerits. Nevertheless, given that the economic opportunities appear to outweigh the risks, the takeaway is that renewed consideration of the land bridge is warranted, including an exhaustive study of its merits and demerits, and extensive consultation with relevant stakeholders, particularly those in north, northwest, and northeast.

Click Here to download the Policy Brief

CPA Comms Officer on 11 May, 2026

Convention on the Suppression of Terrorist Financing (Amendment) Bill [SC SD 17/2026]

On 22nd April 2026, the Centre for Policy Alternatives (CPA) filed a Petition in the Supreme Court of Sri Lanka challenging the Bill titled “Convention on the Suppression of Terrorist Financing (Amendment) Act”, which was published in the Gazette on 11th March 2026 and placed on the Order Paper of Parliament on 09th April 2026.

CPA’s main challenge was in relation to  Clause 12 of the Bill, which expands investigative powers of law enforcement including surveillance, undercover operations, interception of communications, access to computer data, and establishment of joint investigation teams. CPA argued that this clause, is inconsistent with Articles 3, 4, 12, 13(3) and 14A(2) of the Constitution of Sri Lanka. CPA further submitted that these provisions reduce the judicial power of the people, are overly broad and lack adequate safeguards, thereby undermining constitutional protections relating to equality before the law, freedom from arbitrary executive action, and the right to privacy.

Accordingly, CPA sought orders from the Supreme Court determining that the Bill, in whole or in part, cannot be enacted into law unless it was approved by a two-thirds majority in Parliament and, where required, by the People at a Referendum.

The matter was taken up by the Supreme Court on 28th April 2026

The Petition filed by CPA in respect of the Convention on the Suppression of Terrorist Financing (Amendment) Bill can be viewed here.

The written submissions filed by CPA in respect of the Convention on the Suppression of Terrorist Financing (Amendment) Bill can be viewed here.



CPA Comms Officer on 11 May, 2026

Financial Transactions Reporting (Amendment) Bill [SC SD 18/2026]

On 22nd April 2026, the Centre for Policy Alternatives (CPA)  filed a Petition in the Supreme Court of Sri Lanka challenging the Bill titled “Financial Transactions Reporting (Amendment) Act”, which was published in the Gazette on 17th March 2026 and placed on the Order Paper of Parliament on 09th April 2026. 

CPA argued that several provisions of the Bill, including Clauses 22, 24, 18, 21, 26, 34, 35, 14(3), 39, and Clauses 9, 11, 12, 13, 15 and 16, are inconsistent with Articles 3, 4, 12, 13, 14(1)(g), 76 and 105 of the Constitution of Sri Lanka. CPA further submitted that the said provisions are arbitrary, vague and overbroad and that they confer excessive powers on authorities including the Financial Intelligence Unit [FIU]. 

CPA also highlighted that whilst the FIU has been given such broad and vague powers, the bill place no checks and balances on the FIU to ensure that it acts in a manner that furthers the objectives of the bill and which is consistent with the provisions of the constitution.  Accordingly, CPA sought orders from the Supreme Court determining that the Bill, in whole or in part, cannot be enacted into law unless it was approved by a two-thirds majority in Parliament and, where required, by the People at a Referendum.

The matter was taken up by the Supreme Court on 29th April 2026

The Petition filed by CPA in respect of the Financial Transactions Reporting (Amendment) Bill can be viewed here.

The written submissions filed by CPA in respect of the Financial Transactions Reporting (Amendment) Bill can be viewed here.



CPA Comms Officer on 11 May, 2026

CPA Statement on the Prevention of Money Laundering (Amendment) Bill tabled in Parliament on 5 May 2026

11 May 2026

The Centre for Policy Alternatives (CPA) notes that the Prevention of Money Laundering (Amendment) Bill was tabled in Parliament on 5th May 2026. This statement highlights key concerns arising from the proposed Bill, building on issues previously raised by CPA in relation to similar legislation (see CPA statement of 9 April 2026).

The stated objective of the Bill is to align Sri Lanka’s legal framework with the requirements of the Financial Action Task Force (FATF) and to strengthen the country’s asset recovery and financial investigation regime, particularly in light of the Proceeds of Crime Act (2025). While compliance with international obligations is necessary, CPA reiterates its concern that such laws should not undermine existing constitutional safeguards including fundamental rights. CPA notes that the FATF framework also requires such laws to comply with local and international human rights standards.

In terms of substance, CPA highlights several provisions of the Bill that raise serious constitutional concerns. Notably, provisions enabling the compulsion of sworn affidavits or statements from suspects engage the right against self-incrimination and the presumption of innocence. While such mechanisms are used in other jurisdictions to address serious financial crime and illicit enrichment, their adoption requires caution. If not carefully framed, they risk reversing the burden of proof and undermining core safeguards of the criminal justice system. Any such framework must therefore balance effective law enforcement with the protection of fundamental rights, which can only be achieved through a broad-based and inclusive consultative process.

CPA is further concerned by the expansion of executive powers relating to the freezing of assets. The proposed provisions permit law enforcement authorities to freeze not only suspected proceeds of crime but also corresponding or untainted assets, without prior judicial authorisation in the first instance for 14 working days. Such measures risk arbitrary interference with property rights and may have severe consequences for lawful businesses and livelihoods, particularly given the extended duration of such freezing orders without adequate judicial oversight.

The Bill also introduces broad surveillance powers, including access to digital systems, covert monitoring and the use of intrusive investigative techniques based on a relatively low threshold of suspicion. CPA notes that these provisions lack sufficient statutory safeguards, including clear limitations, oversight mechanisms and protections for privileged, sensitive or confidential information. In the absence of such safeguards, these powers pose a significant threat to the right to privacy.

CPA also notes with concern the expansion of the scope of “unlawful activity” and the removal of the requirement for a prior conviction for the predicate offence in money laundering prosecutions. While recognising that money laundering is treated as an autonomous offence in international practice, CPA warns that, in the Sri Lankan context, such provisions may facilitate the misuse of anti-money laundering laws to target individuals and entities, including those engaged in legitimate commercial or expressive activities.

These proposed amendments must be viewed against the backdrop of an existing legal framework that provides extensive powers of investigation, asset freezing and forfeiture. Sri Lanka’s experience demonstrates that broad and vaguely defined powers are susceptible to misuse, particularly against dissenting voices and those critical of the government.

In light of the above, CPA calls on the government to withdraw the Bill in its present form and to initiate a transparent and consultative process involving all relevant stakeholders in order to draft a new Bill. It is imperative that any legislative reform aimed at addressing money laundering and related offences incorporates robust safeguards to ensure compliance with constitutional guarantees and to prevent abuse by the executive.

CPA Comms Officer on 2 May, 2026

Statement By The Centre For Policy Alternatives on Praja Shakthi, Clean Sri Lanka, and the Constitutional Integrity of the Sri Lankan State

2 May 2026, Colombo:

The Centre for Policy Alternatives (CPA) expresses serious concern about the implications of the JVP–NPP government’s Praja Shakthi and Clean Sri Lanka programmes for the institutional fabric of constitutional government and public administration in Sri Lanka. While reform of governance is both necessary and overdue, the manner in which these initiatives are being conceived and implemented raises fundamental questions about constitutional principle, administrative autonomy, and devolved and local governance. These questions go to the heart of the long-term quality of our democracy and the future stability of the state.

Sri Lanka’s constitutional and legal framework of executive government, together with well-established conventions of public administration, is historically nested within the Commonwealth tradition of constitutional government. Within this tradition, notwithstanding the introduction of a directly elected executive President by the 1978 Constitution, the political executive derives much of its authority from Parliament and both President and Ministers remain accountable to it and to the public. The administrative executive – the public service – is expected to be politically neutral, professionally competent, and permanent, serving the government of the day while remaining insulated from partisan control. These distinctions are not mere formalities. They are the institutional preconditions for responsible government, the rule of law, and the protection of fundamental rights.

It is in this context that CPA is deeply troubled by the JVP–NPP government’s apparent insertion of a pervasive parallel layer of party bureaucracy into the apparatus of the state, from the highest levels of administration to the lowest. Through Praja Shakthi structures and Clean Sri Lanka implementation mechanisms, not to mention openly politicised appointments to senior administrative service positions, there is growing evidence of party-aligned actors being emplaced to exercise influence over decisions that properly belong to the professional public service; or are decisions that must be made by elected officials acting on impartial public service advice and accountable to national, provincial, and local legislatures, not by functionaries  and commissars answering to party headquarters at Pelawatte. This therefore represents not simply politicisation in the familiar sense, but the construction of an alternative chain of authority that runs alongside – and increasingly through – the constitutional state.

This development is categorically different from the old patronage politics of the ‘bourgeois’ parties. What distinguishes the present moment is the presence of an amorphously articulated yet clearly visible ideological framework – depending on whether one is listening to Anura Kumara Dissanayake or Tilvin Silva –  through which the government appears to be instrumentalising, and in some cases subordinating, the institutions of the state to the imperatives of the party. Rhetorically encoded as NPP anti‑corruption action, the JVP’s Marxist-Leninist praxes are being hardwired into everyday administration, fundamentally altering the relationship between party, state, and public service. As it was the case with the UF government and the 1972 Constitution, this will erode the constitutional boundaries that safeguard the institutional autonomy of the public service and destroy what institutional competence and social trust it has left.

There is also an emerging and dangerous mismatch between public expectation and governmental intent. Many citizens who voted for the JVP–NPP in 2024 did so in the hope of “system change” understood as anti-corruption, accountability, and a restoration of administrative integrity. This electoral mandate was secured through the JVP’s rebranding as the NPP, a project that blunted the sharp edges of revolutionary socialism and class antagonism and repackaged them as a programme of social democratic respectability. What now appears to be unfolding is a reversal of that process and a far more ambitious attempt at an ideological reframing of the Sri Lankan state itself. This is not reform of the system. It is an effort to reconfigure the system according to a partisan and ideological vision that was neither clearly articulated nor democratically deliberated at the time of the 2024 national elections.

Sri Lanka’s modern constitutional order has evolved over two centuries through political habit, legal practice, institutional memory, and constitutional convention, which are our own but which are rooted in the pragmatism and moderation of the Commonwealth tradition, not in revolutionary ideology or class politics. Tampering with this inheritance through the systematic politicisation of administration risks long-term damage to state capacity, professionalism, and public trust. The design and operation of programmes such as Praja Shakthi and Clean Sri Lankamust be critically reassessed with a view to reaffirming the independence of the public service and ensuring that any programme of reform remains firmly anchored in constitutional principle. The alternative is an erosion of constitutional government that will not end well for Sri Lanka’s democracy or its people.

 

CPA Comms Officer on 18 April, 2026

Statement on the Resignation of the Energy Minister

20 April 2026

The Centre for Policy Alternatives (CPA) welcomes the resignation of Kumara Jayakody MP as the Minister for Energy on 17 April 2026, for which we publicly called earlier. While from the perspective of constitutional governance the resignation is a case of better late than never, we note that the Government’s display of delay and drift before reaching this conclusion was wholly unnecessary and damaging to our fabric of constitutional governance.

Sri Lanka’s current constitutional framework on executive government is built upon the earlier foundations of the Westminster-type constitutions we have had since independence. Our Ministers are drawn from and remain Members of Parliament. Through Questions, Committees, and the Confidence Principle, our Cabinet is collectively as well as individually responsible to Parliament. These institutions and procedures are found expressed in the hard law of the Constitution and in the soft rules of the Standing Orders.

But as in any other Commonwealth country, this legal framework of power and accountability is meant to be animated by a wider set of political principles – known as ‘constitutional conventions’ – that ensure not just lawful but constitutional behaviour by members of the political executive. The distinction between legality and constitutionality is important: it reminds us that power must be exercised not merely in accordance with the letter of the law but also in conformity with the political morality of the republic. Constitutional conventions can be described in many different ways but three of their most important dimensions are: that they embody a country’s constitutional morality; that they have to be understood and accepted by the governing elite irrespective of party; and that they are only effective to the extent they are politically enforced. Governing with knowledge of, and consistently with constitutional conventions, builds public confidence in institutions, strengthens democracy and constitutionalism, builds social trust across party political divides, and in all these ways, delivers peace, order, and good government.

In functioning Commonwealth constitutional democracies, conventions are most widespread in relation to the exercise of executive power. Ministers are held to a higher standard of behaviour than ordinary citizens or even other MPs. They are accountable not only legally to the courts, but also politically to Parliament and the public. When a Minister faces serious allegations of corruption, fraud, or incompetence, convention demands that he or she resigns or is dismissed until those allegations have been investigated and resolved. The presumption of innocence that ordinary citizens have the benefit of in relation to criminal proceedings have no relevance whatsoever to the question of ministerial political accountability. There does not have to be a CID investigation, an indictment by the Bribery Commission, or a damning finding by the Auditor General, or a vote of confidence in Parliament, or the announcement of a Presidential Commission of Inquiry, before there is a ministerial resignation. Jayakody’s ministerial resignation should have been the first step in dealing with the coal scandal when it first surfaced in 2025, especially in the case of a high-minded Government elected on such an explicit and even revolutionary mandate to sweep away the decayed culture of the old regime.

That the country was treated to the spectacle of all this drama before the Minister and his appointing authority the President considered it appropriate for him to resign may have many explanations. But one of the saddest revelations in the ongoing saga of the coal scandal so far must surely be that absolutely no one in our new governing elite showed the slightest understanding of the conventions of our constitution. They embody the very principles that must be upheld, and the Government must be seen to be upholding, if we are to retain any confidence in the reformist promise of the NPP.

CPA Comms Officer on 9 April, 2026

CPA Statement on the Proposed Bills tabled on 9 April 2026

09 April 2026

The Centre for Policy Alternatives (CPA) notes the publication of the Convention on the Suppression of Terrorist Financing (Amendment) Bill, Financial Transactions Reporting (Amendment) and the Prevention of Money Laundering (Amendment) Bill in March 2026. Of these Bills the Convention on the Suppression of Terrorist Financing (Amendment) Bill and the Financial Transactions Reporting (Amendment) Bill were tabled in Parliament today [9th April 2026]. This statement will focus only on the bills tabled in Parliament.

The purpose of these Bills is to ostensibly comply with the requirements of the Financial Action Task Force (FATF), which is the global standard setting body for anti-money laundering and combating the financing of terrorism (AML/CFT). There are significant concerns as to how successive governments have used the FATF framework as cover to undermine rights of free association and expression. As such these latest amendments need to be viewed with heightened scrutiny.

CPA’s concerns around the Bill relate to both the contents and the law-making process. On process, CPA notes that these bills were not open to the public and stakeholders for any meaningful consultative process. Additionally, the timing raises questions. The bills were tabled in Parliament days prior to the Sinhala and Tamil new year holidays and when sittings of court have been suspended. In terms of the Constitution, citizens now have a limited window of two weeks to challenge the constitutional consistency of these complicated bills before the Supreme Court. This is not the first-time governments have rushed through important legislation, severely limiting the public and other stakeholders to engage with and challenge proposed laws and raising questions of the intention of the government in the speed with which this has been done. CPA raises these points when the Supreme Court’s jurisdiction does not allow the Court to consider the policy implications of the proposed bills or their desirability.

CPA further notes that the proposed bills consist of numerous problematic provisions which include:, the broad definition of offences, the expansion of the powers granted to the financial intelligence unit including the enhancement of investigative powers with limited  judicial oversight, especially in the context of the Financial Transactions Reporting (Amendment) Bill. This provision places significant burdens on professionals with regard to reporting which will have a direct impact on their ability to discharge their professional responsibilities. CPA is also concerned with the integrity of the evidence collected through the “covert investigative powers” enabled by these bills and the significant restrictions on the right to privacy and the security of the information gathered through such investigations.

These amendments will be added to a legal system that already provides broad powers of investigation, assets freezing and mechanisms to deal with proceeds of crimes. Whilst Sri Lanka needs to adhere to its international obligations, this does not automatically justify the enactment of broad laws. This is especially considering Sri Lanka’s history of utilising such laws to target individuals who have been critical of the government and to crack down on dissent.

Thus, CPA calls on the government to withdraw these bills and allow for a consultative process which is open to the public and all stakeholders in order to develop a coherent legal system which can prevent and punish money laundering and the financing of terrorism but also have sufficient safeguards in place to prevent abuse and misuse by actors within the executive arm of government.

 

CPA Comms Officer on 31 March, 2026

CPA Calls for the Resignation of Minister Kumara Jayakody

March 31st 2026, Colombo, Sri Lanka:

The Centre for Policy Alternatives (CPA) expresses serious concern about Mr. Kumara Jayakody continuing to hold a ministerial position, after he has been indicted in the High Court, reportedly on charges relating to corruption / financial misconduct. According to media reports, the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) filed these charges, alleging that in 2016, while serving as Manager of the Procurement and Import Division of the Ceylon Fertilizer Company, Mr. Jayakody was involved in irregularities relating to procurement. He has since been produced before the Colombo High Court and released on bail pending trial.

It is incumbent that those holding public office abide by the highest standards of integrity and professionalism that aspire public trust and confidence in government. Conduct that falls short of such standards must be dealt with swiftly and decisively. The indictment also comes at a time when allegations have surfaced into possible irregularities in the procurement of coal for power generation, a function that falls within the purview of Mr. Jayakody’ Ministry. Such conduct amidst an evolving energy crisis raises critical questions of transparency and accountability of public decision-making and the suitability and integrity of those holding public office.

Sri Lanka has witnessed years of mismanagement that resulted in the public demand for greater public accountability in 2022. The National People’s Power (NPP) secured its mandate in 2024 on the promise of a change in the system of governance and to dismantle the culture of corruption and impunity with a commitment towards accountable and transparent governance and government. President Anura Kumara Dissanayake and the NPP Government must uphold these promises, demonstrating that those who hold public office abide by the principles they espoused in the campaign trail and fundamental to ensure there is no actual and perceived conflicts of interest.

In such a context, CPA calls on Mr. Kumara Jayakody to forthwith resign from his ministerial position. It must also be noted that Mr. Jayakody’s continued functioning in his ministerial position, undermines the work of the CIABOC and the public faith and confidence in the CIABOC. Furthermore, CPA urges the government to introduce and fully implement a Ministerial Code of Conduct that sets out standards and processes to facilitate accountable and transparent government and garner public trust in those holding public office. Failure to provide leadership and act decisively in this instance risks signalling to the public that the NPP’s mandate for reform was merely rhetorical.

See related content;

CPA calls for the resignation of the Minister of Law and Order (9th November 2015)

CPA Calls for the Resignation of Minister Ravi Karunanayake (4th August 2017)

CPA calls for the immediate resignation of the State Minister of Prison Management and Prisoners’ Rehabilitation Lohan Ratwatte (15th September 2021)

 

Click Here to Download the Statement in English

Sinhala & Tamil Translations to follow.

CPA Comms Officer on 31 March, 2026

Strengthening Sri Lanka’s Prosecutorial Framework: Options for Reform and Institutional Independence

This policy brief by the Centre for Policy Alternatives (CPA) builds upon the organization’s previous work examining longstanding debates on reforming the Attorney-General’s Department of Sri Lanka. These debates have intensified in recent years amid growing criticism regarding the allegations of politicisation of the department and the real and perceived conflicts of interest, particularly in relation to its prosecutorial functions. These criticisms are located within the broader structural concerns regarding Sri Lanka’s criminal justice system. This has created a multicursal maze of reform – comprising a complex maze of reform options, with multiple intersecting and non-linear pathways that must be carefully navigated to ensure an equitable and efficient legal system.

The National People’s Power (NPP) government acknowledged some of these concerns, and, in its election manifesto, promised to establish an independent Office of the Public Prosecutor upon coming into power.1 The proposed reform was intended to reduce delays in criminal proceedings, strengthen institutional independence and transparency, and restore public confidence in Sri Lanka’s criminal justice system.2 In early 2025, the NPP-government appointed a committee of technical experts to examine and report on introducing new legislation to establish such an office and to recommend amendments to existing laws where necessary.3 To date, however, the committee has not engaged with the public, and limited information is available regarding its progress.

At the same time, resistance to reform has emerged from within the Attorney-General’s Department, where proposals to create a separate prosecutorial authority have been opposed in favour of publicly unspecified internal reforms aimed at strengthening the Department’s existing functions.4 Broader governance challenges and competing national priorities, such as the necessity of rebuilding after Cyclone Ditwah, have also highlighted the lack of prioritization of this specific reform agenda, pushing it to the backseat. Nonetheless, recent criticism and public protests directed at the current Attorney-General since 2025 have renewed calls for an independent prosecution system as part of wider efforts to strengthen and restore the rule of law in Sri Lanka.

Against this backdrop, this policy brief reassesses the case for reforming Sri Lanka’s prosecutorial framework. The paper suggests core principles which should underpin this initiative, in an effort to avoid past mistakes and prevent further politicization of the Attorney-General’s Department. It examines the feasibility of establishing an independent Office of the Public Prosecutor; explores options for its legal and structural foundations, design choice, and operationalisation; and acknowledges the complexities and challenges involved. The brief draws on multiple stakeholder perspectives from across the country including law students, lawyers, academics, members of parliament, activists and policymakers and serves as a roadmap raising key questions and policy considerations for those engaged in the ongoing reform process. The policy brief begins by briefly outlining the historical evolution of the Attorney-General’s Office and its current role in Sri Lanka, highlighting its inherent conflicts of interest. It then reviews past calls for reform of the Attorney-General’s Department from various actors within and outside Sri Lanka, highlighting key concerns. Thereafter the policy brief analyses international standards and best practices on public prosecution and explores approaches from comparative jurisdictions to enhance independence of prosecutorial authorities. Drawing on these experiences, lessons, both in terms of positive models to emulate as well as negative experiences to avoid, are identified for Sri Lanka. The policy brief concludes by highlighting key principles which should be considered when designing a prosecutorial body and by discussing available options for Sri Lanka which would broadly fall within these principles.

Download the Full Policy Brief Here

CPA Comms Officer on 5 February, 2026

Land Ownership, Use, Alienation & Development: Revisiting the Proposed Kivul Oya Project

Recent media reports indicate the revival of the proposed Kivul Oya Project under the Mahaweli L Scheme, which has implications for land ownership and use for present residents, as well as environmental and other impacts. Furthermore, concerns have been raised that the proposed project will lead to new settlements of Sinhalese communities, which may adversely affect the land and livelihoods of Tamil farmers who have lived in the area for several decades. These concerns were first discussed by the Centre for Policy Alternatives (CPA) in its 2011 report,titled “Land Issues in the Northern Province: Post-War Politics, Policy and Practices,” which reported on plans to alienate lands to the majority community in the guise of development projects with the potential to alter demographics. While the project stalled in the immediate post war period, documents and interviews indicate that the project is being revived under the present government. As noted in the 2011 report, the Mahaweli L Scheme is perceived by local communities as a tool used in the guise of development to alienate lands to the majority community and introduce new settlements, with it creating fear and apprehension among the minority communities. CPA notes that the 2011 initiative was introduced during the tenure of then President Mahinda Rajapaksa, with new documentation pointing to the project being revived in 2019 and continuing during the presidency of Gotabaya Rajapakse. CPA and others have noted several initiatives introduced during the post war years of 2009-2015 and 2019-2022 that attempted to alienate and acquire land in the North and East of the country that were informed by ethno-nationalism, militarisation and development projects and creating fears among minorities of losing their land and livelihood. With the revival of the Kivul Oya project, questions must be asked whether the present government is persisting with projects commenced under the Rajapakse government that aim to create new settlements in the guise of development with wide implications for land and livelihoods of minority communities, change ethnic demographics and threaten coexistence.

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CPA Comms Officer on 4 February, 2026

A Brief History of the Prevention of Terrorism Act | Questions and Answers

The Prevention of Terrorism Act (PTA) was enacted in 1978 as a temporary measure (initially only for 3 years) but was made permanent in 1982. It introduced offences previously not present in the ordinary law which were and are being abused with serious human rights implications for the nearly half century in which it has been in operation. Most noticeably, section 2(1)(h)1 has been severely misused to crush legitimate dissent and target human rights activists, journalists and politicians.

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CPA Comms Officer on 4 February, 2026

Analysis of the significant concerns on the Protection of the State from Terrorism Bill | Questions and Answers

The draft Protection of the State from Terrorism Bill was published on the website of the Ministry of Justice, and public comments on the Bill have been called for, on or before the 28th of February 2026. This Bill seeks to repeal and replace the Prevention of Terrorism Act, which was a key campaign promise made by the present government. The following commentary provides an initial analysis of the concerns raised by the Centre for Policy Alternatives in relation to this draft Bill.

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CPA Comms Officer on 14 January, 2026

The Centre for Policy Alternatives and Dr. Paikiasothy Saravanamuttu vs. The Attorney General [SC FR 293/2025]

The Centre for Policy Alternatives (CPA) and its Executive Director Dr. Paikiasothy Saravanamuttu, filed a Petition on the 19th December 2025 in the Supreme Court challenging the Emergency (Miscellaneous Provisions and Powers) Regulations No. 1 of 2025 gazetted by Extraordinary Gazette No. 2464/26 dated 28th November 2025.

CPA had previously raised concerns regarding the declaration of the State of Emergency and provided a commentary on the 2025 Regulations. In an earlier statement, CPA acknowledged the gravity of the disaster and the need for a coordinated response, yet emphasized that emergency powers should be a last resort. Under the Public Security Ordinance (PSO), the President is granted significant authority to override existing laws. Reflecting on similar declarations in 2018, 2019, 2021 and 2022, CPA notes a troubling trend in which emergency regulations provide the Executive with authority that exceeds what is actually required to manage the crisis.

The Petitioners argue that the power of the Executive to make Emergency Regulations must be exercised reasonably and proportionately. Furthermore, it was submitted that in addition to the concerns raised about specific Emergency Regulations, as a whole the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2025 are overbroad and vague and undermine the fundamental rights guaranteed under the Constitution of Sri Lanka.

The Petitioners further argue that the regulations contained in Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2025 replicate Regulations issued in 2019, 2021 and 2022 and have no nexus to the natural disaster caused by the Cyclonic storm Ditwah.

___

Case Update

The President promulgated Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 2026 on or about 28th January 2026. These new emergency regulations amended several of regulations challenged by CPA [See Table 1 below].

The Supreme Court on 26th February 2026, took up CPA’s case for support for leave to proceed. On behalf of the President, it was contended that since the regulations challenged by CPA had been amended, the case was of mere academic importance.

In response CPA submitted to Court that;

  1. The Emergency (Miscellaneous Provisions and Powers) Regulations No. 1 of 2025 operated for a period of two months during which time it operated in violation of the rights of the citizens of Sri Lanka, prior to amendments being brought on or about 28th January 2026,
  2. Even though the Emergency (Miscellaneous Provisions and Powers) Regulations No. 1 of 2025 were repealed, the regulations could be used to prosecute any individual accused of committing an offence in terms of the said regulations between 28th November 2025 and 28th November 2026. Therefore CPA argued the case had real world consequences,
  3. A substantial portion of the Emergency (Miscellaneous Provisions and Powers) Regulations No. 1 of 2025, replicate Regulations issued in 2019, 2021 and 2022 and have no nexus to the natural disaster caused by the Cyclonic storm Ditwah If no ruling is made by Court on these regulations there is a risk of them being reproduced again and again.
  4. To support this argument CPA cited the judgement of the Supreme Court delivered in July 2025, in a previous case on Emergency Regulations. In this judgement ;
    • the Supreme Court “noted much merit in the submissions made by learned Counsel for the Petitioners with overwhelming cogence, that particularly during the states of Emergency declared in 2022, the Emergency Regulations promulgated purportedly under section 5 of the PSO fit into a particular template, and that Regulations had been made in a stereotypical and repetitive manner, disregarding the actual purpose for which they were required to be made. Furthermore, the Court noted that most such Regulations would not withstand judicial review due to being overbroad, vague, arbitrary, in excess of restrictions that may be imposed under Article 15 of the Constitution on the exercise of fundamental rights and incompatible with standards relating to the Rule of Law.”
    • the Supreme Court ordered Attorney General to, within three (3) months from the date of this Judgment incorporate the principles of law contained in this Judgment into a detailed legal advisory, and forward such advisory to the Office of His Excellency the President for necessary consideration.
  5. CPA filed two cases challenging Emergency Regulations in 2022. On both occasions at the time the Supreme Court granted leave to proceed, the emergency regulations had lapsed. Nevertheless the Supreme Court granted leave to proceed and in one of the cases delivered final judgement in July 2025.

On this basis CPA and its Executive Director argued that the Supreme Court should grant leave to proceed in this matter as well.

However, after hearing the arguments of parties the Court made order refusing to grant leave to proceed in the case.

Read more about the case

CPA Comms Officer on 13 January, 2026

CPA Statement on the Institutional Stalemate in the Appointment of the Auditor General

The Centre for Policy Alternatives (CPA) is deeply concerned about the emerging institutional deadlock between the President and the Constitutional Council in respect of the appointment of the Auditor General. Sri Lanka has not had a permanent Auditor General since the retirement of Chulantha Wickramaratne in April 2025. In the period since, according to reports, the President has made four nominations to the post, which have all been rejected by the Constitutional Council.

The office of Auditor General is pivotal to the institutional framework of public financial integrity established by Articles 153 and 154 of the Constitution and the National Audit Act No 19 of 2018 (as amended by National Audit (Amendment) Act No 19 of 2025). The absence of a stable office-holder in the post for a period of over nine months causes serious concerns about the functionality of our system of public financial accountability. The absence of an Auditor General not only disrupts the normal processes of the national audit, but it also affects the capacity of Parliament and its committees on public accounts and public enterprises to carry out their constitutionally fundamental scrutiny and accountability functions. This concern is heightened in the context of the need for rigorous supervision of public expenditures, and methods of reception and allocation, involved in rebuilding efforts in the wake of Cyclone Ditwah.

The function of the Constitutional Council is to ensure the President’s nominations to the office of Auditor General meets the formal standards of independence, integrity, and professional competence established by the Constitution and the National Audit Act. The Constitutional Council is a collegiate body composed of cross-party political representatives and independent civil society representatives appointed, except for the ex officio members, predominantly by consensus. Its composition is designed to protect its decision-making from being hijacked by either the Government or the Opposition for partisan purposes. The expectation of respect for the decisions of the Constitutional Council by the President is not only central to the de-politicisation logic that underpins our ‘fourth branch’ institutions. It is also a rare but significant corrective to the overcentralisation of power and authority in the person and office of the President in our semi-presidential system of government. In view of its consensual and inclusive composition and its decentralised procedures of decision-making, the public can assume with a high degree of confidence that the Constitutional Council’s repeated rejections of the President’s nominations to fill the vacancy in the office of Auditor General were because such nominations did not meet the required constitutional and statutory standards.

In our system, the constitutional and moral responsibility for ensuring a successful and expeditious appointment, by securing the mandatory approval of the Constitutional Council, to a vacancy in the office of Auditor General lies squarely with the President. The President’s failure to secure the approval of the Constitutional Council through four unsuccessful nomination attempts over the course of nine months suggests a lack of constitutional competence in the advice he has so far received in the making of such nominations. If deadlock persists, it may even give rise to suspicions of bad faith on the part of the President.

This would be a regrettable outcome, not only for the quality of our public financial governance, but also for the reputation of a President elected on an explicit mandate to implement a ‘system change’ towards greater transparency and accountability in our culture of governance, and whose official biography proudly proclaims that in 2001 he “played a pivotal role in the adoption of the [Seventeenth Amendment to the Constitution]” which first established the Constitutional Council and the independent commissions.

CPA Comms Officer on 10 January, 2026

Need for Immediate Attention post Cyclone Ditwah

The Centre for Policy Alternatives (CPA) has monitored the human rights and governance situation post Cyclone Ditwah including the ground situation in several districts. A team from CPA visited several areas in the Central and Uva Provinces from 5-8 January 2026 and was able to engage with different stakeholders including affected communities in several GS divisions in the two provinces. CPA hopes to prepare a comprehensive brief on its findings shortly but sharing this letter considering the urgency of several issues that require immediate attention. The following are key points we raise for your immediate consideration-

  • Lack of sufficient public information and awareness on warning and assistance. CPA spoke with affected communities, service providers and local groups who confirmed of continuing gaps with information and language discrepancies. This is exacerbated at a time when new weather warnings have been issued in areas in the two provinces, with some communities unaware of new warnings. CPA urges the authorities to urgently issues all warnings in the three languages and to ensure such warnings are accessible to all communities including those in temporary shelters and hazardous areas.

 

  • CPA was also informed by several communities in the two provinces that they had not received any government assistance including the assistance of Rs25,000 and Rs50,000. For example, communities in the Bramley Estate in Highforest area had not received any assistance, despite over 40days passing since the cyclone. We urge you to be proactive in reaching out to all communities affected including those in estates who continue to face numerous challenges.

 

  • Delays with infrastructure assistance. Several areas visited by the CPA team noted that damage to houses, schools, community buildings and other areas that have yet to be inspected by the authorities. Additionally, several roads are yet to be cleared and are not accessible to the public. The situation in several estates is dire with roads and buildings in a precarious situation. CPA was informed that in some areas affected communities have been informed to return to their areas of residence despite worsening weather conditions. The situation is made more complex with questions raised with certain findings of the NBRO that has ignored the hazardous conditions on the ground. CPA urges a comprehensive risk assessment conducted in all areas that are affected, ensuring that affected communities are informed of persisting dangers, alternative lands identified with a conflict sensitive approach taken towards rebuilding and recovery efforts.

 

  • Urgent attention with educational needs. Several communities raised the fact that children in several areas in these two provinces are unable to attend school due to a range of reasons including displacement, non-functioning of schools, having to travel long distances in precarious conditions, destruction of class rooms, school books and supplies, being some of the reasons. We urge the authorities to immediately take steps to address urgent issues raised in the education sector including assisting children and communities affected, identifying alternative sites for temporary schools that are safe and accessible and immediate construction of educational facilities that are damaged and destroyed.

 

  • Need to provide essential food, water, sanitation, shelter and livelihood assistance. CPA was informed by several affected communities in the two provinces of the lack of sufficient resources available with the above. In particular areas such as Spring Valley in Badulla and Highforest in Nuwara Eliya, communities live in precarious shelters with lack of proper water and sanitation available. With new weather warnings issued in the last 24hours, fears have exacerbated in relation to basic essential services facing further challenges and CPA urges the government to take immediate steps to provide basic facilities to these communities.

 

  • Lack of confidence and trust with government assistance and services due to discrepancies and delays. CPA noted that several communities in the two provinces have either not received assistance and information or faced discrimination in the services provided so far. There are also concerns in light of the setbacks faced by vulnerable communities including women, children, youth, the elderly and others. In particular, many in the Malaiyaha Tamil community face multiple social and financial challenges in the face of structural inequalities. It is paramount that the authorities give leadership in communicating with all affected communities and facilitating assistance that is based on equity, non-discrimination, conflict sensitivity, transparency and accountability.

In addition to the above immediate concerns, many other issues were raised with the CPA team and these will be shared with the authorities shortly. We look forward to constructively engaging with you in addressing these and other concerns.

Thank you

Yours Sincerely,

Dr. P. Saravanamuttu

CPA Comms Officer on 18 December, 2025

Initial Comments on the Draft Protection of the State from Terrorism Bill

18 December 2025

The Centre for Policy Alternatives (CPA) has been alerted to the draft Protection of the State from Terrorism Bill (Bill) published on the website of the Ministry of Justice, which invited public comments within a month of its publication. Whilst the government publicly announced in August its intention to publish a draft Bill for public comments, the publication at the present moment, when Sri Lanka is confronted with multiple challenges in the aftermath of Cyclone Ditwah, raises serious concerns. Such a context limits meaningful public engagement of any proposed legislation, and the limited time further impedes an inclusive and transparent law reform process. Whilst CPA appreciates the decision of the government to place the Bill in the public domain for comment, we urge for further time for comments and discussion.

With the hope that more time is provided for a fuller comment on the Bill, CPA shares these initial comments with the view of constructive engagement and public awareness of key areas requiring attention. At the outset, CPA emphasises that the benchmark against which this Bill must be assessed is not merely whether it represents an improvement over the Prevention of Terrorism Act (PTA), but whether the Bill, in and of itself, complies with the Fundamental Rights guaranteed under the Constitution of Sri Lanka and with Sri Lanka’s international human rights obligations. It must be borne in mind that the PTA was never constitutional, nor did its drafters claim that it was. No meaningful effort was made to ensure compliance with fundamental rights standards and due process safeguards, as it was taken as granted that the legislation could be enacted with a special two-thirds majority in Parliament. The result has been a draconian law that has been used for decades to target and suppress the rights of citizens, with limited debate as to what is meant by terrorism and the need for extremely broad terror laws in a post war context.

It is within this broader context that CPA sets out these initial observations on the draft Protection of the State from Terrorism Bill. The following are several clauses that raises concerns:

The Offence of Terrorism and Other Offences

  • The definition of the offence of Terrorism remains broad, seemingly designed in a manner that can be used to suppress dissent, rather than being limited to actual acts of terrorism. One of the main criticisms of the Anti-Terrorism Bill of 2024 was that it may have been used against those who protest against the Government, and while the present Bill contains a provision that seems to exclude protestors in clause 3(4), this clause is vague as to what will and will not be defined as terrorism in the course of a lawful protest.

Arrests made by Members of the Armed Forces or Coast Guard

  • Clause 24 of the Bill provides that when a suspect is arrested by the armed forces or the coast guard, then they shall ‘without unnecessary delay, and in any event within a period not exceeding twenty-four hours’ be produced before the Officer – in – Charge of the nearest police station. When contrasted with clause 23, which requires a police officer making an arrest to produce the suspect before the OIC ‘forthwith’, it raises the question as to why the same urgency is not seen with the armed forces. This perpetuates the norm of militarising the powers of arrest and detention.

Pre-Trial Detention and Detention Orders

  • As per clause 28(1), a person can be held in remand for up to a year. As per clause 28(2), if there is a Detention Order made against the person, then in combination, the period of remand and detention can extend up to two years. This means that a person can languish in detention for up to two years without being charged with a crime. Such a long period again raises questions of the power of the State to target individuals, exacerbated by Sri Lanka’s history of long periods of remand and detention, which has contributed to abuse and violence.

Proscription Orders

  • Clause 63 gives sweeping powers to the executive to proscribe an organisation, similar to what was seen in the 2024 Bill. Coupled with the wide power of the President to impose restrictions on such an organisation, the criminalisation of acts related to the organisation in terms of clause 6 gives the State a wide power to use this law to restrict freedom of association and crackdown on dissent.

Curfew Order and Prohibited Places

  • The Bill provides power under clause 65 for the President to issue a curfew order and under clause 66 for the Secretary to the Ministry of Defence to issue a direction that a place is a prohibited place. These clauses are broad and vague, thus making them susceptible to abuse.

The above are some clauses that raise concerns, though CPA notes that a fuller and in-depth study of the Bill is required for a comprehensive review and comment, which we hope to do in 2026. In the spirit of constructive engagement, CPA urges the authorities to provide greater time for public comments and consultation, enabling the citizens to be aware of proposed laws and facilitate a law-making process that is transparent, inclusive and contributes to upholding the rule of law and democracy in Sri Lanka.

Click Here to Download the Document in English

CPA Comms Officer on 16 December, 2025

Key Short-Term and Long-Term Issues to Consider for Post-Cyclone Ditwah Recovery

16 December 2025

His Excellency the President Anura Kumara Dissanayaka,
Presidential Secretariat, Galle Face,
Colombo 1,
Sri Lanka

Your Excellency,

Key Short-Term and Long-Term Issues to Consider for Post-Cyclone Ditwah Recovery

In the aftermath of Cyclone Ditwah and its widespread impacts, the Centre for Policy Alternatives (CPA) convened a discussion on 11 December 2025 aimed at facilitating informed and constructive dialogue on recovery and response efforts. This meeting brought together representatives from a broad spectrum of civil society organisations, including those representing communities directly and disproportionately affected by the cyclone, alongside former public servants, economists, legal practitioners, and others from relevant disciplines. CPA is also appreciative of the presence of a representative from the Presidential Secretariat at this meeting.

It is imperative to acknowledge the realities posed by climate change as a global phenomenon with profound local consequences. Sri Lanka is increasingly vulnerable to a range of climate-induced natural disasters, the frequency, intensity, and nature of which are likely to differ significantly from those previously experienced. Events such as the recent cyclone underscore that the country must now contend with disasters of greater scale and complexity, requiring responses that go beyond conventional frameworks of disaster preparedness and recovery.

This evolving climate reality necessitates a fundamental shift in how Sri Lanka anticipates, prepares for, and responds to natural disasters. Recovery efforts must therefore be informed not only by immediate humanitarian needs, but also by longer-term strategies that strengthen resilience, protect vulnerable communities, and ensure that institutions are equipped to manage future crises effectively and in adherence to good governance principles and a rights-based approach. Recognising and planning for this reality is essential to safeguarding lives, livelihoods, and development gains in the years ahead.

The deliberations underscored the complexity and scale of the challenges associated with post-cyclone recovery, and a wide array of issues and concerns were raised by participants, drawing on both community-level experiences and technical expertise. In this context, CPA writes this letter to raise attention to several key issues that emerged during this discussion that can inform a comprehensive, inclusive, and sustainable recovery process and reforms. CPA also notes that this tragedy should be treated as a turning point—one that enables the adoption of forward-looking policies and practices aimed at building a stronger, more resilient Sri Lanka capable of withstanding future shocks.

Immediate measures to be taken as part of relief efforts

  • Assisting communities still seeking to recover the bodies of the dead as a matter of priority. Even where resources to do so may be limited, communities must be provided with clear timelines as to when this assistance will be available. When State resources cannot be provided, communities must be provided with financial assistance to do so using private resources. This is a matter that must be considered as a matter of urgency.
  • Transparent and accountable mechanisms are required to ensure equitable distribution of relief with effective oversight processes in place to monitor relief and recovery. Accountability in the distribution of aid is essential to deal with the lack of trust that people have in State mechanisms following decades of abuse of power and corruption.
  • Inadequate access to information: lack of collaboration and coordination between agencies, timely disbursement of critical information, internal conflicts across departments, and duplication of efforts.
  • Urgent attention is required with the need to have all information provided by the State in the two official languages (as mandated in the Constitution) and in English and to disseminate information swiftly and effectively.
  • There is a lack of reliable and accessible public data and information to guide the recovery process, and immediate attention is required to address this gap.
  • Addressing sectoral issues in a participatory and transparent manner with the inclusion of subject matter expertise. The following areas were identified as key in the short and medium term;
    • Physical Planning and Urban Development to address issues of landslides, flooding and other phenomena that can impact lives and livelihoods
    • Transport and road infrastructure to address access and movement issues
    • Education that includes providing for students affected by the disaster, and school buildings and equipment. Attention is also required to address challenges faced by A-Level students directly affected by the disaster
    • Agriculture and other livelihood support to communities affected by the disaster can also inform food security and other issues
    • Land and resettlement that need to be informed by durable solutions and related issues
    • Social welfare schemes that provide assistance and support in an equitable and conflict-sensitive manner and prevent discrimination. This includes the need for intersectoral response, collaboration and coordination.
    • Providing clear and accurate official information on the present condition of recovery efforts and dangers in Sri Lanka, to allow the tourism sector to recover from the disaster by promoting travel to unaffected or less affected areas.

Legal and Policy Issues

  • Utilisation of the systems duly set up under the Disaster Management Act No. 13 of 2005. Concerns are raised as to the fact that laws exist but are not understood, updated to address evolving issues and/or implemented comprehensively.
  • Concerns are raised regarding the default to Emergency Regulations when there is an existing legal framework. It is urged that the recently promulgated regulations No. 01/2025 be rescinded/amended, to keep in place only regulations that bear a direct nexus to the disaster at hand and for a specific time duration linked to the disaster response. CPA’s comments on this issue are annexed for your attention.
  • If it is necessary to utilise Emergency Regulations, then draft new regulations which are essential in the current situation. This may involve provision for issues such as delays, which may be caused by damage to courts, and the destruction of documents. The rationale for the emergency must be communicated in all three languages.
  • Review the applicability of the 2023-2030 Disaster Management Plan and ensure that necessary systems, procedures and mechanisms are put in place. Conduct an analysis of the long-term climate vulnerabilities threatening Sri Lanka in the context of climate change, and address these threats in the plan.
  • Rehabilitation – developing a rehabilitation plan with community consultation and input, in order to minimise inconvenience, loss of livelihood or loss of community to rehabilitated persons. Human factors such as social ties and language barriers must be taken into consideration when developing such a plan.

Governance and Structural Issues

  • Overburdening of the Ministry of Defence with functions relating to disaster prevention and disaster management, thus resulting in inadequate attention being paid to the subject. The subject of emergencies should be allocated to a Ministry which can allocate specialised resources and attention to disaster management.
  • The proper implementation of disaster management mechanisms. For instance, before August 2025, the Disaster Management Council had not convened since 2015. Disaster management mechanisms must always be operative, and not merely function as ad hoc bodies that are convened following a crisis.
  • Conducting a comprehensive audit on the gaps and shortcomings in the systems and mechanisms for disaster management in Sri Lanka, with an aim to build resilient systems which can stand the test of time.
  • Lack of preparedness at the administrative level among the public service/officers to immediately respond to the crisis, e.g., warning systems, communication in all three languages, drills, early search and rescue efforts to mitigate the scale of deaths and damage. Investigations must be conducted into what went wrong, not only for accountability, but also for improving systems to prevent further failures in the future.
  • Steps to preserve/digitise perishable data and steps to maintain data in digital formats to prevent further destruction. Eg: court records, land registries, archives, land deeds, identification documents.
  • Expedited and sensitive mechanisms must be put in place for the issuing of death certificates. The process must accommodate cases where bodies are recovered as well as those where individuals are missing/presumed dead, to allow affected families timely access to legal rights, compensation and inheritance claims.
  • Changes are required to address the lack of functionality of existing institutions/committees. Existing institutions must be strengthened and reformed.
  • Decentralisation/devolution of disaster response mechanisms, so that these mechanisms can deliver services more efficiently and in a timely manner.

Public Finance

  • Cash transfers must be made available to those impacted as a first step for ensuring immediate relief and that all communities affected are reached. At present, reports from the ground indicate that some communities/areas are yet to receive immediate relief, with concerns growing of the politicisation of the process.
  • Oversight and reporting mechanisms on the disbursement of allocations must be in place ensuring transparency and accountability of government actors including of Grama Sevakas, at the ground level.
  • While estimates for reconstruction continue to remain unclear at present, accessible and accurate information and data on financial needs must be made available to the public to aid the recovery process. This transparency must be paired with clear systems, due process safeguards and effective oversight mechanisms to ensure that any public, private, or international support and financial initiatives are accountable, equitable, and channelled effectively towards recovery and reconstruction efforts.
  • In making supplementary budgetary decisions for the reallocation of public finances and resources, sectors including national transport, education, social welfare, agriculture, tourism and export which have been significantly impacted must be prioritized.
  • Introduce safeguards to prevent assistance being used for purposes that are not linked to the disaster and have the potential to create/exacerbate tensions or be used for political gain.
  • A notable positive step is the immediate and ongoing consultations and engagement with the IMF to review/make adjustments, with the goal of returning Sri Lanka to a path that isn’t debt-borne. Such discussions must be continued in a constructive manner.

CPA recommends that the following should serve as guiding principles in addressing the above short and long-term issues:

Short term;

  • Take into account the disproportionate impact of the disaster on already marginalized communities, including aspects of gender, disability, language, systemic discrimination eg: Malaiyaha Tamil community, freetrade zone workers, LGBTQI community, and ensure disaster-response address this disproportionate impact.
  • Implement a durable solutions framework for return and resettlement.

Long term;

  • Take into account the disproportionate impact of the disaster on already marginalized communities, and ensure disaster-response related policy and legal reforms address this disproportionate impact.
  • Focus on improving governance issues on relief, rehabilitation and reconstruction.
  • Factor in broader climate and environmental issues, when determining policies including policies on pollution, waste management, sanitation, urban planning.
  • Systems to ensure better preparedness, disaster risk management, and long-term rebuilding, reconstruction, and resilience from climate and other shocks.
  • The use of technology, and other tools to assist in recovery and disaster preparedness.
  • Map out and review the existing policy planning documents and systems, map out learning from past responses to natural disasters including the 2004 Tsunami, in order to understand existing knowledge / resources on disaster response in order to be able to understand gaps and future steps.
  • All subsequent structural reforms and operational mechanisms must be transparent/accountable, consultative and inclusive with representation from all relevant stakeholders.

Emerging and Long-term issues

To build back better in the long term, Sri Lanka must:

  • Map existing legal and policy frameworks to comprehensively identify gaps and shortcomings in disaster management and recovery systems.
  • Introduce new laws and policies, developed in a transparent and inclusive manner, specifically required for the phases of Restitution, Rebuilding, and Reconstruction.
  • Implement structural reforms to address long-term needs in the broad areas discussed while factoring in underlying socio-economic issues.

We hope that this will assist in initiatives to build back better from this crisis. We urge you to initiate the necessary action, as well as regular consultations and the sharing of information in all three languages, on the above areas without further delay, and look forward to engaging in the furtherance of this goal.

A more detailed policy brief will follow this letter.

Yours sincerely,

Dr. Paikiasothy Saravanamuttu,

Executive Director

 

CC:

Prime Minister Hon. Dr. Harini Amarasuriya, Minister of Education, Higher Education and Vocational Education

Hon. Sajith Premadasa, Leader of the Opposition

Hon. Vijitha Herath, Minister of Foreign Affairs, Foreign Employment and Tourism

Hon. Prof. Chandana Abeyratne, Minister of Public Administration, Provincial Councils, Local Government

Hon. Harshana Nanayakkara, Minister of Justice and National Integration

Hon. Sarojani Savithri Paulraj, Minister of Women and Child Affairs

Hon. K.D. Lalkantha, Minister of Agriculture, Lands, Livestock and Irrigation

Hon. Anura Karunathilake, Minister of Urban Development, Construction and Housing

Hon. Ramalingam Chandrasekar, Minister of Fisheries, Aquatic and Ocean Resources

Hon. Prof. Upali Pannilage, Minister of Rural Development, Social Security and Community Empowerment

Hon. Sunil Handunneththi, Minister of Industry and Entrepreneurship Development

Hon. Ananda Wijepala, Minister of Public Security and Parliamentary Affairs

Hon Bimal Rathnayake, Minister of Transport, Highways, Ports and Civil Aviation

Hon. Prof. Hiniduma Sunil Senevi, Minister of Buddhasasana, Religious and Cultural Affairs

Hon. Dr. Nalinda Jayathissa, Minister of Health and Media

Hon. Samantha Vidyarathna, Minister of Plantation and Community Infrastructure

Hon. Sunil Kumara Gamage, Minister of Youth Affairs and Sports

Hon. Wasantha Samarasingha, Minister of Trade, Commerce, Food  Security and Co-operative Development

Hon. Prof. Chrishantha Abeysena, Minister of Science and Technology

Hon. Prof. Anil Jayantha Fernando, Minister of Labour

Hon. Eng. Kumara Jayakody, Minister of Energy

Hon. Dr Dhammika Patabandi, Minister of Environment

Mrs. Kushani Anusha Rohanadeera, Secretary General of Parliament.

 

 

CPA Comms Officer on 1 December, 2025

Statement on the Declaration of Emergency and Emergency Regulations Promulgated on the 28.11.2025

1st December 2025.

The Centre for Policy Alternatives (CPA) is deeply saddened by the Cyclone Ditwah caused humanitarian crisis that has caused death and devastation across Sri Lanka, displacing and leaving many communities without basic essentials, thereby heightening concerns with regard to recovery, relief, rebuilding and rehabilitation.

Amidst such a disaster, CPA notes the need for measures to be taken to address the immediate recovery and humanitarian concerns, through existing laws such as the Sri Lanka Disaster Management Act, No. 13 of 2005 specifically designed to address natural disasters, including floods, landslides, cyclones and other hazards. It is in such a context that CPA is concerned by the decision of President Anura Kumara Dissanayake to declare a nationwide state of emergency, and the simultaneous gazetting of Emergency Regulations (both dated 28thNovember 2025, though they were made public on the 29th November), purportedly to address the cyclone and flooding situation currently affecting the country. This was followed by the appointment of Mr. B.K. Prabath Chandrakeerthi, a Special Grade Officer of the Sri Lanka Administrative Service as the Commissioner-General of Essential Services under the Emergency Regulations. These steps were subsequent to statements by several opposition political actors calling for the declaration of a state of emergency.  CPA is concerned with the reverting back to a state of emergency as a default response to a crisis, regardless of Sri Lanka’s past experiences with natural disasters and the tapestry of laws and frameworks in place.

While CPA recognises the severity of the disaster and the urgent need for coordinated relief efforts, we emphasise that the powers conferred by such a declaration of emergency are extraordinary, and intended to be exercised only in circumstances where the ordinary laws of the country are manifestly insufficient to protect public safety or to secure the provision of essential services. The authority to declare a state of emergency derives from the Public Security Ordinance (PSO), which grants sweeping powers to the President, including the ability to override existing laws. These powers, by their nature, must be subject to strict necessity, proportionality and time-bound limits.

CPA has in the past raised concerns with the declaration of emergency including in several instances in the post war period in 2018, 2019, 2021 and three instances in 2022. A common theme seen during all these states of emergency (except April 2022 where Emergency Regulations were not promulgated) is that the accompanying Emergency Regulations have been overbroad, giving the Executive extraordinary powers which are beyond those necessary for the management of the emergency at hand.

In this context CPA highlights the existence of several laws including the Disaster Management Act, No. 13 of 2005, introduced after the devastating 2004 Tsunami that allows the President to declare a State of Disaster, upon which proclamation, broader powers related to disaster management are given to various authorities in order to respond to the situation at hand. CPA emphasises, as it did before in 2021 during the Covid-19 pandemic, that this is the most appropriate law to deal with the circumstances Sri Lanka is faced with today. Under the Disaster Management Act, the Disaster Management Centre (DMC) and the National Council for Disaster Management (NCDM) have clearly mandated powers to coordinate disaster relief, mitigation, rehabilitation and recovery — precisely the sort of coordinated, multi-sectoral response required in severe weather events. One of the functions of the NCDM is to ‘facilitate emergency response, recovery, relief, rehabilitation and reconstruction in the event of any disaster’, a function which would have been directly relevant to the crisis.

Additionally, CPA notes that on 28th November, the President had issued a Gazette in terms of Section 2 of the Essential Public Services Act, No. 61 of 1979 declaring several services as essential public services. Furthermore, on 26th November, the President had issued a Gazette in terms of Section 12 of the Public Security Ordinance, calling out all the members of all the armed forces for purpose of maintenance of public order all over Sri Lanka – a step that has become routine under successive presidents. Moreover, the President is empowered with additional powers under the Public Security Ordinance including the power to declare curfew for the maintenance of public order without the need to declare an emergency. Thus, against the backdrop of Sri Lanka’ experiences of natural disasters and crisis and the availability of multiple legal options, questions must be posed as to the real purpose of declaring a state of emergency.

Even assuming that, in the extraordinary circumstances of this disaster, a state of emergency was warranted, the particular emergency regulations gazetted raise serious concerns. They echo the broad regulations of the past, granting sweeping powers, some that do not appear to bear a clear relationship to disaster response, relief or recovery. In addition to the Commissioner General of Essential Services, the emergency regulation promulgated provides for the establishment of a ‘Commissioner of Civil Security’ and advisory committees, with a vast amount of the regulations focusing on criminal offences that raises questions of relevance and nexus to the disaster. Several of these offences bear striking similarities to overbroad and unjustified offences contained in previous Emergency Regulations, raising questions as to whether parts of previous regulations have simply been duplicated without consideration to the situation at hand. For instance, causing disaffection among public officers (reg 18) or affixing or distributing posters, handbills or leaflets which are prejudicial to public security, public order or the maintenance of supplies and services essential to the life of the community (reg 19) are made offences. Worryingly, information shared between persons or by any written, electronic, digital or other means, including through any media, information and communication technology, automated system or artificial intelligence system, communicate, publish, generate or disseminate any rumour or false statement which is likely to cause public alarm or public disorder are also made offences (reg 20). Such overbroad regulations risk undermining civil liberties, including fundamental rights of freedom of movement, assembly, expression, and due process — especially given Sri Lanka’s history of using emergency laws in contexts well beyond immediate security threats.

This is especially alarming given that this government came into power on a promise of systemic change. The people of Sri Lanka, already traumatised by successive crises, natural disasters, and social instability, deserve a departure from the pattern of concentrated Executive Power. While CPA notes the President’s statement on 30th November that assured the state of emergency is to be used solely for disaster management and for no other purpose, we call on the government to:

  • Ensure that any emergency regulations are strictly necessary, proportionate, time-limited, and directly related to immediate disaster-response needs.
  • Guarantee transparency, oversight, and protection of fundamental rights during the period of emergency.
  • Commit to promptly rescinding any provisions not essential for relief, rehabilitation and recovery.
  • Fully implement existing laws including the Disaster Management Act.

CPA urges that the country should not return to a cycle in which states of emergency become the default response to crisis, whether economic, political or natural. We hope that this government will honour its promises of system change and uphold the rule of law, human rights, and democratic norms even in times of national hardship.

This statement will be followed by a more detailed commentary on the Emergency Regulations promulgated.

Click Here to download the Statement in English

Sinhala & Tamil translations of the statement will be made available soon.

CPA Comms Officer on 7 August, 2025

Letter to the Minister of Justice and National Integration on Critical Law and Policy Reforms

Over the decades, CPA has highlighted the critical need for reforms addressing truth and justice in Sri Lanka, which require renewed attention against the backdrop of the ongoing work around mass graves and other developments linked to Sri Lanka’s past cycles of violence. Whilst CPA acknowledges the work done by state officials pertaining to forensics and other work, the complexities of ascertaining truth and pursuing justice require expertise and resources that are urgently needed. In this regard, CPA reiterates the need for capacity building and legal and structural reforms that can facilitate processes that are independent, impartial, and victim-centred. Based on interviews with a range of stakeholders, including those based in the North and East, CPA highlights the following:

  • Strengthen Forensic Expertise: There is a need to strengthen the overall forensic investigation capacity and expertise of the state, including the Judicial Medical Officer (JMO) and others.
  • Provide Resources and Initiate Reforms towards the Establishment of an Independent DNA Facility: The work in the past with the Chemmani Mass Grave and other sites, and ongoing work with multiple sites, highlights the need for an independent facility that is able to store and process DNA samples.
  • The Need for Independent Investigations and Prosecutions: Recent events demonstrate the urgent need for the establishment of an office to independently investigate and prosecute serious human rights and economic crimes. The work around mass graves and Sri Lanka’s case load of enforced disappearances reinforce the need for such an entity.
  • Ensuring Procedure in Excavation: Standard operating procedure should be introduced in the excavation of mass graves to cover excavations, exhumations and investigations.
  • Obtaining International Assistance: The complex nature of excavations and investigations highlights the need for international observers and assistance that can support and strengthen the work.
  • Psychosocial Support for Victims: The discovery and exhumation of mass graves have deep psychological effects on victims and affected communities. The State must enhance local capacity to provide psychosocial support and related issues.
  • Victim-Centred Approach: The Government must ensure all processes and reforms are victim-centred, including the need for transparency and regular information sharing to address the trust deficit towards domestic initiatives.
  • Resource Allocation for Investigations, Prosecutions and Related Matters: The Government must take all steps to provide resources for ongoing excavations, forensic and other related work and investigations and ensure the required allocations are made with the forthcoming appropriations bill.

There is a considerable body of work done by the Office on Missing Persons (OMP) and Human Rights Commission of Sri Lanka (HRCSL), amongst others, on issues around enforced disappearances, the excavation of mass graves, and related issues. All efforts must be made to ensure there is no political interference with such entities and that they are provided the required resources to function independently.

We welcome an opportunity to meet and discuss these critical matters further and offer our continued support in implementing the necessary reforms to build a system of justice that reflects the aspirations of all citizens.

Click Here to Download the Document

CPA Comms Officer on 3 July, 2025

Urgent Reform: Establishing an Independent Public Prosecutor’s Office

I write on behalf of the Centre for Policy Alternatives (CPA) in response to news reports that Your Ministry has appointed an expert committee as an initial step towards establishing an independent prosecutor’s office. The CPA has consistently advocated for creation of an independent prosecutors office as a means to ensure greater accountability and confidence in Sri Lanka’s justice system. The multiple and often conflicting roles of the Attorney-General’s Office have been addressed previously by CPA in ‘Rethinking the Attorney General’s Department in Sri Lanka: Ideas for Reform’ and, more recently, in ‘Calls for a Public Prosecutor’s Office – The Urgent Need for Reforms’. Thus, an Independent Public Prosecutor’s Office is crucial for ensuring fair, effective, and impartial prosecution of cases, especially high-profile and cases which relate to politically exposed persons. As part of the broader reform in Sri Lanka advocated for by CPA, we kindly urge you to consider the following issues and principles in establishing an independent public prosecutor’s office:

1. Impartiality and Insulation from Influence: The office must be non-partisan and thoroughly insulated from political bias, ensuring the law is applied equally to all. This requires robust recruitment practices and legislated tenure to protect against external influences and non-interference by the political actors regarding decisions of appointments and promotions within the office.

2. Independence in Structure and Function: The prosecution department should stand structurally independent from other branches of government to reaffirm the separation of powers. This promotes accountability, checks and balances, and transparency within the justice system, insulating prosecutorial decisions from political pressure or fear of retribution. Persons working for the office should not have any interface with the executive and political actors in the discharge of their functions. It is important not only to create an institution which is actually independent, but it has to also be seen as being independent in order to inspire public confidence.

3. Trust Building with the Public: As the primary means of pursuing punishment for criminal behaviour, the office must instill public trust in the justice system. It must primarily serve public interests and proactively increase the accessibility and transparency of the justice system, including by developing a prosecutorial policy that is accessible to the public.

4. Sufficient Resourcing and Training: As addressed by previous CPA reports, the office requires independent financial resources, comprehensive recruitment processes, and the logistical capacity to provide investigation services, alongside legal and administrative capabilities.

5. Accountability: The office must be accountable to Parliament, particularly concerning resource utilisation. Financial oversight should be carried out by a body (of Parliament) that include a variety of political actors representing different political parties (split equally between government and opposition). Such oversight should be without any derogation of the right and ability to independent exercise of prosecutorial discretion. The office should be subject to judicial review.

CPA emphasises that the Ministry’s recent initiative to appoint an expert committee towards establishing an independent prosecutor’s office is only the first step in a process that needs to be transparent and inclusive, involving a process of obtaining representations from victims, lawyers, academics, civil society, and other relevant stakeholders. Such an inclusive process will foster broader discussion, engage all parties, and build public trust, demonstrating a genuine commitment to transparent and accountable reforms that strengthen the rule of law and democracy in Sri Lanka. Thank you for your attention to this critical matter. We believe that these reforms are fundamental to upholding justice and restoring public confidence in Sri Lanka’s legal system.

Sincerely,

Dr. Paikiasothy Saravanamuttu
Executive Director

 

Click Here to Download the Document

CPA Comms Officer on 16 June, 2025

United Nations High Commissioner for Human Rights visit to Sri Lanka: Recommendations and Key Issues for Consideration

June 2025

The United Nations High Commissioner for Human Rights H.E. Volker Turk is scheduled to visit Sri Lanka this month—the first visit by a High Commissioner since the 2024 election of President Anura Kumara Dissanayake and the National People’s Power (NPP) government. The visit takes place at a key moment in Sri Lanka with the country grappling with the effects of its ongoing governance and economic crises, cycles of past violence, and the lasting effects of a nearly three-decade conflict. The 2024 change of government promised reform and reignited hope that a new political culture would emerge.

Yet, seven months later, the implementation of confidence-building measures and key governance and legal reforms have been delayed. A significant section of society also faces severe socio-economic challenges. Amidst such a context, human rights abuses persist. The recent use of the Prevention of Terror Act (PTA) has violated the due process of suspects. Long-standing issues, such as land appropriation, continue to deny communities of their right to access, own and use their lands, freedom of movement, and means of survival. Reports of torture and custodial death have also occurred under the Dissanayake government. These and other issues expose the prevalence of human rights violations that threaten to reinforce historical patterns of violence and trigger future conflict. They are also critical indicators of the need for a prevention agenda and engagement in promoting human rights and strengthening the rule of law in Sri Lanka.

The visit takes place at this critical juncture when the government can be supported in their plans of implementing its own promises. In light of the impending visit, the Centre for Policy Alternatives (CPA) urges the High Commissioner and the Office of the High Commissioner for Human Rights (OHCHR) to inform their meetings and messages to the government, state entities, and others with the following recommendations:

  1. Have a genuine and open dialogue with victims, survivors, and civil society in Sri Lanka, including visiting the war-affected areas in the North and East.
  2. Highlight the need for concrete steps to address accountability in Sri Lanka. This includes the need for tangible and time-bound progress on emblematic cases, legal and structural reforms, including the establishment of the promised Public Prosecutor’s Office, and other necessary reforms to ensure an independent and credible judicial process in Sri Lanka.
  3. Emphasize the need for an immediate moratorium on the use of the Prevention of Terrorism Act (PTA) and its immediate repeal. Any future attempts at law reforms must adhere to international standards and be drafted after wide consultations.
  4. Highlight the need for other urgent legal reforms, including the repeal of the Online Safety Act (OSA), reform to the Muslim Marriage and Divorce Act (MMDA), the Vagrancy Ordinance, provisions of the Penal Code, and other measures to ensure equality, non-discrimination, and the dignity of all citizens.
  5. Raise concerns about ongoing efforts at land appropriation and occupation that have dispossessed many individuals and communities. Particular attention must be paid to acquisitions in the North and East, a call for transparent land appropriation reforms that contain due process safeguards and address the grievances of affected communities.
  6. Visit sites of mass graves and raise the need for adherence to international standards of exhumation, recording, reporting, and identification.
  7. Reaffirm the right to religious worship and religious freedom.
  8. Raise the need for independent investigations into custodial torture and encounter killings, accountability for such violations, and urgent reforms in this regard.
  9. Highlight the continued challenges faced in civic spaces, including administrative and security issues that impede the work of human rights defenders, civil society, community groups, media, and others.
  10. Urge the Government of Sri Lanka to address persistent socio-economic challenges, including through the introduction of governance reforms that are just, fair, and equitable.
  11. Emphasize the importance of undertaking constitutional reforms in a transparent and timely manner that facilitate the abolition of the executive presidency, address a political solution, and bring required checks and balances, among other key reforms. These reforms should include a full implementation of Sri Lanka’s existing constitution, especially concerning the limited devolution of power granted by the 13th amendment, pending constitutional reform.
  12. Raise the need for a new Resolution on Sri Lanka with a two-year reporting period, that provides for continued monitoring and support for human rights, accountability, and reconciliation. CPA also recommends the renewal of the OHCHR Sri Lanka Accountability Project (OSLAP) and its ability to visit Sri Lanka.

The human rights, accountability, and reconciliation issues underscored in these recommendations require urgent attention. CPA calls upon the High Commissioner and the OHCHR to use this visit to highlight these concerns and emphasize the need for immediate action, including a time-bound roadmap for implementation of reforms.

 

Centre for Policy Alternatives

 

Click Here to Download the Document

CPA Comms Officer on 13 June, 2025

Land Appropriation Continues to Threaten Northern and Eastern Communities

The appropriation of land under the guise of security, development and other reasons, in the Northern and Eastern provinces, highlights the complexities of Sri Lanka’s land related conflicts. Over the decades, several initiatives have been taken to dispossess people of their lands such as the creation of high security zones and special economic zones to more recently the use of “national heritage”. In several instances, laws and policies have been used in the attempts of appropriating lands, oftentimes done with scant regard for transparency, due process and the rights of citizens. This is in a context where the legal framework governing land in Sri Lanka is complex, with many unaware of legal and procedural tools that can be used to appropriate their lands thereby paving the way for dispossession and displacement.

For instance, the Land Acquisition Act, No. 09 of 1950 is one such tool that has been repeatedly employed by successive governments to dispossess people of their lands. It allows the state to acquire private land for ‘public purpose’. The overwhelming practice in the  Northern and Eastern provinces shows that this law has been used in an arbitrary manner and without affording citizens even the very limited protection the law offers. As per Section 2 of the Act, the Minister has the discretion to declare lands to be acquired and notice of land acquisition is to be made publicly available (displayed in conspicuous places) and to be displayed in all three official languages. In response to a Section 2 notice in 2013 affecting large tracts of land in the Valikamam North in the Jaffna Peninsula, writ applications were filed by 2,176 individuals from Jaffna. CA Writ 125/2013 (Arunasalam Kunabalasingham and 1473 others Vs. A. Sivaswamy and 2 others) and CA Writ 135/2013 were by petitioners who set out to bring to attention the forcible acquisition of an area of the Jaffna Peninsula equivalent to two-third of the entire city of Colombo. Several such attempts at acquisitions have been challenged in court with many mobilising over the years to prevent ad hoc and unjust attempts at land appropriation.

Another state initiative that attempted to appropriate land was via Land Circular No.2011/04 that required all landowners of the North and East, including private landowners to furnish details to the relevant Divisional Secretary or Assistant Government Agent, through the Grama Niladhari, within two months. Such a step meant that many private landowners of the North and East stood to lose title to their lands if they failed to furnish details within two months. In this instance, CPA and several others raised concerns with the broad powers provided under the Land Circular to dispossess individuals from their lands. Subsequently it was challenged in court (M.A Sumanthiran Vs. R.P.R Rajapaksha and others) in CA Writ Application 620/2011 and a Fundamental Rights Petition in the Supreme Court SC FR 494/2011 with the government withdrawing the said Circular.

Post war years have continued to see other attempts at land appropriation via the use of laws and policies and with the involvement of state and non-state actors including development and religious actors. CPA’s recent report (The Intersectional Trends of Land Conflicts in Sri Lanka) provides an overview of the range of actors, laws and policies that are at play and the consequences of such actions.

 

 

 

 

 

 

 

 

 

Area Considered Under Land Settlement Ordinace Amount of Land Considered
Mullaitivu (Settlement Notice Nos. 5620, 5621, 5622) 1702 Acres
Jaffna (Settlement Notice Nos. 5617, 5618) 3669 Acres
Kilinochchi (Settlement Notice No. 5619) 515 Acres
Mannar (Settlement Notice No 5623) 54 Acres

 

In the most recent attempt, the government issued Gazette No. 2430 on 28th of March 2025 that stated that lands in the districts of Jaffna, Kilinochchi, Mannar, and Mullaitivu will be claimed as State land if the owners of such lands do not claim them before the 28th of June 2025.

CPA and local politicians have raised this issue which resulted in the government promising to revoke the Gazette but at the time of writing no such revocation has taken place in terms of the law. On 12 June 2025, M. A. Sumanthiran filed a fundamental rights application SC FR 112/2025 in the Supreme Court challenging the Gazette.

This Gazette is the most recent attempt by the state to dispossess people via the use of legal and policy initiatives, further exacerbating fears and apprehensions among people of their ability to fully enjoy and use their lands. The numerous initiatives over the years also demonstrates the continued use of the law and administrative processes to appropriate lands, against the background of successive governments failing to fully implement the Thirteenth Amendment to the Constitution that provides for the limited devolution of land powers to the provinces and the establishment of the National Land Commission. These and other land issues are indicative that the root causes of the conflict continue to be sustained in Sri Lanka.

 

Centre for Policy Alternatives
13.06.2025 

CPA Comms Officer on 4 April, 2025

Concerns over the continued use of the Prevention of Terrorism Act (PTA)

3 April 2025
The Centre for Policy Alternatives (CPA) is deeply concerned with the continued use of the Prevention of Terrorism Act (PTA) by the Sri Lankan state. According to media reports, a youth was recently arrested under the PTA for allegedly pasting stickers that criticised the actions of Israel in Gaza. It is also concerning that the Government has over the past five months utilised the PTA on several occasions including for alleged conduct that has seemingly no known link to terrorism. Furthermore, the arrest of an individual on the basis of voicing an opinion is alarming with wide implications on the right to free speech and dissent. 

This is against the backdrop of President Dissanayake and the Government promising in their campaign manifesto to abolish ‘all oppressive acts including the PTA and ensuring civil rights of people in all parts of the country’. CPA also notes that the President and others in the Government have in the past demanded for the repeal of the PTA, acknowledging then of the abuse caused by the PTA. Despite repeated promises to repeal the PTA, it is regrettable that the Government has backtracked on their own statements, and continues to use the PTA.

CPA and several others have, over the decades, continuously called for the repeal of the PTA. This law, initially introduced as a temporary provision, and later extended as a permanent law, has been used to terrorise generations of Sri Lankans, largely targeting those from ethnic and religious minorities, activists, dissidents, and journalists and normalised torture, with it entrenching a culture of impunity. Such practices should remain in Sri Lankas past, with the Government needing to make a clear break that sees an immediate moratorium of the PTA and its repeal. 

Download the Statement in English

Download the Statement in Sinhala

Download the Statement in Tamil

CPA Comms Officer on 8 March, 2025

Letter to the Minister of Women and Child Affairs

On the occasion of International Women’s Day, I write on behalf of the Centre for Policy Alternatives (CPA) to urge immediate attention to urgent law and policy reforms towards women empowerment and gender equality. We recognise your efforts, particularly during the CEDAW intervention in February this year, towards upholding and advancing the rights of women in Sri Lanka. However, considering the ground realities we have seen in our years working with communities across the island, there is much work to be done in this regard.

We believe that your leadership is critical at this moment to drive interventions that address multi- dimensional vulnerabilities faced by women and gender minorities in Sri Lanka. Between November 2024 and February 2025, CPA also wrote to his excellency President Dissanayake and Hon. Harshana Nanayakkara, Minister of Justice and National Integration, to raise issues regarding key interventions that are required in the upcoming months to uphold the rights of the Sri Lankan citizenry, including these vulnerable groups.

CPA’s ongoing work with women and other marginalised and vulnerable groups emphasises the importance of engaging diverse stakeholders transparently in shaping the reform process. Collaborative approaches that take into account diverse perspectives can significantly enhance the effectiveness and sustainability of reform initiatives.

In this regard, annexed to this letter are several areas with relevance to gender and sexual rights where CPA believes intervention is required. These areas have been categorised under the following three-fold framework: (1) Law Reforms and Policy Interventions, (2) Socio-economic rights, includingAccess to Land, Livelihoods and Natural Resources and (3) Representation, Reconciliation and Identity. CPA urges your ministry to prioritise these areas for intervention in the upcoming legislative and policy agenda and hopes that immediate steps will be taken to build a system of justice that reflects the aspirations of all Sri Lankans. CPA also welcomes an opportunity to discuss these matters with you further and offers our continued support in implementing reforms aimed at empowering women and advancing gender equality to transform Sri Lanka. We look forward to your response and to seeing positive steps in this regard.

Yours sincerely,

Dr. Paikiasothy Saravanamuttu

Executive Director

 

Click here to Download the Letter in English

Click here to Download the Letter in Sinhala

Click here to Download the Letter in Tamil

 

 

 

CPA Comms Officer on 19 February, 2025

Calls for a Public Prosecutor’s Office – The Urgent need for reforms

19 February 2025

In early February 2025, media reported of the Attorney General’s intention to discharge three suspects in case number B 92/2009. The case was linked to the murder of senior editor Lasantha Wickrematunge, and the decision to discharge the suspects led to criticisms from sections of society. This resulted in President Anura Kumara Dissanayake meeting with the Attorney General where it was reported that the Attorney General maintained his position that there was a lack of evidence for a prosecution. Since then, it is reported that the CID has produced more evidence, and the discharge of the suspects has been temporarily suspended. These incidents drew into sharp focus the need to ensure the independence of prosecutorial decisions, in order to ensure that relevant decisions can be made independent of any political considerations and in the interest of justice.

The Centre for Policy Alternatives (CPA) has continuously called for the independent prosecution of all emblematic cases, many of which have seen little to no progress despite the promise to pursue accountability. The assassination of Lasantha Wickrematunge is one such case. In a context of political influence and interference with the investigations and prosecutions of emblematic cases, CPA has consistently advocated for the setting up of an independent public prosecutor’s office in Sri Lanka.

Considering the setbacks with pursuing justice, the proposed office must be insulated from political interference, and have the required expertise and resources to prosecute cases that may otherwise be prone to political interference. Despite the need to reform the present justice sector, successive governments have been unable or unwilling to introduce the required reforms to implement a structure that ensures independence and accountability. CPA notes the commitment by then candidate Dissanayake to introduce a ‘Directorate of Public Prosecution (DPP) as a mechanism to eliminate delays within the judicial system and establishing a main DPP office and sub offices in the provinces which will remain independent of the Attorney General’s Department to conduct cases on behalf of the government’  in his election manifesto.

Most recently, the Minister for Justice and National Integration has taken steps to appoint an expert committee as an initial step in establishing an independent prosecutor’s office. CPA notes such a process must be inclusive and must involve the participation of those who have called for justice sector reforms, including victims, lawyers, academics, civil society and others. Such a process facilitates a greater discussion on key issues, engages relevant stakeholders and garners trust in the fact that the present government is genuinely interested in initiating reforms in a transparent and accountable manner. Further, such a step will instil confidence among the public that reforms are meant to strengthen the rule of law and democracy in Sri Lanka and not merely as a token gesture to appease sections of society.

Against such a background, CPA has prepared this Q&A surrounding the need for a Public Prosecutor’s Office. This Q&A is not meant to be exhaustive, but is meant to be a resource that can be used to constructively engage with the existing discourse around the Public Prosecutor’s Office.

Click Here to Read the Q & A in English

Click Here to Read the Q & A in Tamil

Click Here to Read the Q & A in Sinhala

CPA Comms Officer on 31 January, 2025

Navigating Sri Lanka’s Economic Precarity: The Need to Address Foundational Issues in Governance

A robust economic recovery for Sri Lanka requires an understanding of how the country fell into economic precarity. The learnings of both the Civil Society Governance Diagnostic Report and the International Monetary Fund’s Governance Diagnostic Assessment of Sri Lanka made it apparent that Sri Lanka’s economic crisis is first a crisis of governance. In other words, Sri Lanka’s economic crisis is primarily the product of issues in governance rather than economic failure. Moreover, unless the “foundational governance issues” are addressed the policies and plans for debt sustainability and economic recovery are likely to “be on shaky ground” (TISL 2023: 3). As the aforementioned reports already identify Sri Lanka’s governance issues and offer recommendations, this Brief does not replicate that exercise. Instead, it intends to tangibly demonstrate how said issues contributed to the economic crisis through a selection of case studies. More specifically, the Brief demonstrates how the excessive powers and discretion held by the executive branch of government, as well as weaknesses in tax policy and revenue administration, the public sector, public procurement, central bank governance, and anti-corruption — all issues of governance — heavily contributed to Sri Lanka’s economic crisis.

Of the issues and subsequent case studies examined within the Brief, a few are worth reiterating here. Firstly, the concentration of power within the executive presidency, intended to enable decisive action towards economic development, has resulted in unilateral and opaque decision-making. This has, in turn, facilitated incompetence or corruption. Presidential decisions that contributed to the crisis demonstrate this issue. For instance, in 2019, then President Gotabaya Rajapaksa disregarded economic expertise and introduced a tax policy that severely reduced government tax revenue. This adversely affected the country’s capacity to repay debt and further depleted its foreign currency reserves, catalysing Sri Lanka’s trajectory towards national insolvency. The lack of checks and balances on the President meant that there was no way to prevent him for following through on his reckless election promises even though the danger was foreseen. Therefore, it is essential to abolish the executive presidency and vest its powers in the collective deliberation and decision-making of Parliament. At a minimum, reducing individual discretion in decision-making will prevent the colossal errors that have resulted from the absence of checks and balances on the executive presidency.

Secondly, government expenditure in the public sector is excessive and has little impact. The large number of public sector employees burdens the government purse, nor does it have anything to show for it in the form of efficient public service delivery. The military illustrates this in having and spending on far too many personnel which does not translate to the country’s defensive needs. This is unlikely to be the only example of this from the public sector. The public sector should be proportionate to each government department’s needs.

Thirdly, the state must have a coherent rationale for engaging in the market. Due to its limited capacity with state-owned enterprises, the state should exit competitive markets where the private sector can deliver goods and services more cheaply, efficiently, and at better quality. Before being acquired back by the Sri Lankan government in 2008, Sri Lankan Airlines managed a profit of LKR 9.29 billion in its last year of private operation (The Sunday Times 2016). Despite increased tourism and low fuel prices over the next seven years, Sri Lankan Airlines as a state-owned enterprise experienced a loss of LKR 128.2 billion (ibid.). Privatising such state-owned enterprises would boost tax revenue, productivity, and reduce government expenses.

Lastly, the absence of punitive action against corruption has resulted in its prevalence throughout government. It is essential that anti-corruption measures are shielded from political influence and sufficiently resourced to recover losses due to corruption, and more importantly, to serve as a deterrent to corruption. Ensuring the autonomy of the Commission to Investigate Allegations of Bribery and Corruption and establishing an independent Public Prosecutor’s office are first steps in that regard.

Of course, this Brief does not exhaustively discuss Sri Lanka’s issues in governance that contributed to the crisis. However, the central takeaway is that Sri Lanka is experiencing a crisis of governance and its recovery from national insolvency and overall economic precarity necessitates addressing the foundational governance issues that plague the country.

Click here to read the Policy Brief

CPA Comms Officer on 4 December, 2024

Letter to the Honourable Minister of Justice

Following the Presidential and Parliamentary elections, the National People’s Power (NPP) has been entrusted with a significant mandate by the people of Sri Lanka, presenting you with the opportunity to drive key reforms to restore public trust, transparent governance, justice, and accountability. On behalf of the Centre for Policy Alternatives (CPA), I am writing to you to urge immediate attention to the law and policy reforms within the areas of justice and national integration.

The Aragalaya highlighted the critical need for comprehensive governance reforms, drawing attention to long-standing public demands for decisive measures against corruption and the pervasive lack of accountability that have severely undermined trust in state institutions. In this context, CPA and other stakeholders have repeatedly underscored the urgent need to address issues such as greater transparency and accountability, executive overreach, the politicisation of institutions, and the entrenched culture of impunity.

Moreover, the inability and unwillingness of successive governments to address the underlying causes of conflict has further entrenched societal divisions, intensified surveillance, and increased the risk of both reigniting existing conflicts and sparking new tensions. Of particular concern is the use of the Prevention of Terrorism Act (PTA) on several occasions, between October and December 2024, which raises questions about the NPP’s campaign pledge to repeal oppressive legislation, including the PTA.

Considering the promises made during the campaign period and the massive mandate for reforms, CPA believes it is critical to initiate progressive reforms. CPA emphasises the importance of engaging with diverse stakeholders in a transparent manner in shaping reform processes. Collaborative approaches that take into account diverse perspectives can significantly enhance the effectiveness and sustainability of reform initiatives.

In this regard, annexed to this letter are several areas where CPA believes intervention is required. These areas have been categorised under a four-fold framework of (1) Governance and Accountability, (2) Law-Making, (3) Reconciliation, and (4) Legal reforms and addressing Structural Inequalities.

CPA urges your ministry to prioritise these areas for intervention in the upcoming legislative and policy agenda and hope that immediate steps will be taken to build a system of justice that reflects the aspirations of all citizens. CPA also welcomes an opportunity to discuss these matters further and offers our continued support in implementing the necessary reforms.

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CPA Comms Officer on 1 November, 2024

An Open Letter to the President on the Urgent Need for Governance Reforms, Action gainst Corruption and the Lack of Accountability

1st November 2024

Centre for Policy Alternatives (Guarantee) Limited
6/5, Layards Road,
Colombo 5,
Sri Lanka

President Anura Kumara Dissanayaka,
Presidential Secretariat, Galle Face,
Colombo 1,
Sri Lanka

Your Excellency,

Sri Lanka has witnessed a busy few weeks since the Presidential election held in September 2024 and in the lead up to the parliamentary election to be held in November. Amidst developments on a range of issues, the Centre for Policy Alternatives (CPA) writes this letter to urge immediate action with key promises contained in your election manifesto. In a context where Sri Lanka continues to experience multiple challenges and is moving towards recovery from a debilitating economic crisis and cycles of violence, we wish to draw your attention to critical issues that require immediate attention.

The 2022 Aragalaya underscored the urgent need for governance reforms, demanding action against corruption and the lack of accountability that have eroded public trust. In this context, CPA and others have highlighted the critical need for governance reforms to address executive overreach, politicised institutions and the culture of impunity in Sri Lanka. In this regard, we recognise the commitment you voiced in your campaign to bring about meaningful governance reforms, to combat the culture of corruption in the country and to bring about accountability including the abolishing of the executive presidency.

Further, recent events yet again remind of Sri Lanka’s experiences with violence and fragile peace. The failure of successive governments to address the root causes of the conflict has deepened societal divisions, heightened surveillance with the potential to exacerbate existing conflicts and trigger new tensions. This is also at a time when the Prevention of Terrorism Act (PTA) was reportedly used in October 2024, raising concerns of a key pledge you made to repeal oppressive laws including the PTA.

Amidst increasing challenges, it is critical you revisit the promises made in your manifesto and initiate a process of reforms in a transparent and inclusive manner. We note that many of these changes would require legislative action,  which can only be taken up after the new Parliament has convened, however we urge that the government reaffirm its commitment to the promises made and take the necessary preparatory action which would allow the new Parliament to move ahead with these reforms without delay.

  1. Governance and Accountability
  • Independent Institutions: It is essential to place adequate checks and balances on executive power and ensure that independent regulatory bodies are free from political interference. Abolishing the Executive Presidency and having effective oversight mechanisms are critical steps in this direction.
  • Strengthening Anti-Corruption Measures: Strengthening and full enforcement of anti-corruption laws and policies is essential. We urge the establishment of an independent public prosecutor’s office and clear accountability mechanisms for corruption-related offenses. We also urge the necessary allocation of funds to be made to the existing institutions to investigate cases of bribery and corruption and to initiate prosecutions. We would discourage initiatives to set up ad hoc initiatives to deal with these cases as such mechanisms have proven to be unsuccessful in the past.
  • Emblematic Cases: Ensuring transparent investigations and accountability in high-profile cases remains critical to restoring public trust. This includes expediting investigations into cases such as the Easter Sunday Attacks and several other emblematic cases.
  1. Constitutional Reform and Law-Making Process
  • Abolishing the Executive Presidency: There has long been a call for the abolition of the Executive Presidency, and your election to the office of President came with a commitment to be Sri Lanka’s final Executive President. We urge you to provide political leadership and initiate reforms in this regard.
  • Law-Making Process: We emphasise the importance of consultative, multi-partisan, and transparent processes in law-making, incorporating local expertise and public consultations. We urge that suitable amendments are made to standing orders in this regard.
  • Full implementation of the 13th Amendment: Implementing the 13th Amendment is the first step to indicate a commitment to addressing the national question and the decades long grievances of minorities in Sri Lanka. We note that implementing the existing constitutional provisions is an essential prerequisite to enhance confidence of ethnic and religious minorities and would reaffirm your commitment to your oath of office.
  • Legal Reform: We call for reforms to ensure that proposed laws comply with human rights standards, safeguarding against misuse that disproportionately impacts minorities. We particularly call for the repeal of the PTA and the Online Safety Act 2024. Proposed reforms such as the Anti-Terrorism Bill and the Non-Governmental Organisation Bill should be revisited, with meaningful and broad-based public consultations.
  1. Reconciliation
  • Reckoning for Past Violence: There needs to be a genuine effort at addressing the demands of victims from across Sri Lanka in their search for justice and truth. This should include initiating independent processes at accountability and truth telling with the objective of addressing the entrenched culture of impunity.
  • Land Rights: Immediate steps should be taken to halt land appropriation and return land to the rightful owners. Political leadership is also required in a comprehensive reparations programme that addresses restitution.
  • Demilitarisation: Reducing the military presence in the North and East and releasing lands held by the military coupled with security sector reforms will support reconciliation efforts. Steps should also be taken to disengage the military from civilian activities in relation to commercial activities and governance.
  1. Structural Inequalities
  • Addressing Socio-Economic Rights: Access to basic amenities, including health, education, sanitation and potable water, remains limited in certain regions. Providing the necessary resources and a commitment to expanding infrastructure in these areas will be instrumental in promoting education, public health, well-being, and overall quality of life.
  • Equitable Assistance Schemes: Concerns have been raised with the distribution of funds through government initiatives including the Aswesuma and Samurdhi schemes. Addressing these gaps in welfare schemes is essential to ensure that those in need can obtain support and start a process of addressing inequalities.
  • Address the Debt Burden of Women and Vulnerable Groups: Many women and marginalised communities, including the Malaiyaha community and indigenous groups remain disproportionately affected by debt, which restricts economic mobility and entrenches cycles of poverty. We advocate for targeted interventions and sustainable financial support mechanisms to relieve this burden and promote economic resilience among these groups.
  • Promote Sustainable Livelihoods and Stable Employment: Sustainable livelihoods and secure employment opportunities are essential to achieving long-term economic recovery. We encourage the creation of policies and programmes aimed at promoting stable employment, skill development, and access to sustainable economic opportunities across all communities.

We urge you to initiate the necessary action on the above areas without further delay and look forward to engaging in the furtherance of progressive reforms in Sri Lanka.

Thank you.

 

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CPA Comms Officer on 17 October, 2024

CPA Statement on the death of Professor Kumar David

16 October 2024, Colombo: The Centre for Policy Alternatives (CPA) notes with deep sadness the passing at the age of 83 of Professor A. Kumar David – or as he was wont to describe himself, ‘the original AKD’.

Kumar was a brilliant scholar, an accomplished academic, tireless newspaper columnist, imaginative Marxist public intellectual, and a giant of the Old Left. A fuller account of his many lives, times, and achievements can be read here.

In both his conversation and his written word, Kumar had wit and wisdom as well as the ability to deal with intellectual disagreement with not only a supreme confidence and a gentlemanly civility but also with genuine and unaffected curiosity. While therefore Kumar took no prisoners and gave no quarter in debate, a deep understanding of the grammar of the political – borne of a lifetime of intelligent reading of political philosophies extending well beyond his own tradition – was in his DNA. He was, for example, enchanted by Adam Smith and perennially intrigued by Nicolo Machiavelli.

Attacking opponents with rote-learned assertions taken as post-political truths, with rabidity of tone replacing the quality of argument, is unfortunately now the increasingly dominant style of Sri Lankan political culture. It is however an approach that was far too pedestrian for the intellect and the moral gravity of Kumar and his generation of leftists, who were, moreover, possessed of a vast cultural hinterland beyond politics. An elegant dresser whether in occidental bowties or oriental linens, he was a connoisseur of fine wine, English literature, and Western classical music.

Kumar was a regular and valued contributor to CPA seminars and publications over the years. While our approaches differed, we were agreed on the basic forms of the solution for some of the biggest constitutional questions of our time. We agreed on the need for a federal-type response to ethno-territorial pluralism (or, ‘The National Question’, as Kumar would put it), and on the absolute necessity of the complete abolition of the executive presidential system if our flailing democracy was to be rescued. Kumar was also the progenitor – in 2012 – of the electoral strategy known as the ‘Single-Issue Common-Candidate’ concept which succeeded in achieving the first defenestration of the Rajapaksas in January 2015. In his last contribution to our work, Kumar reflected on this thoughtfully and candidly in CPA’s publication on the constitutional crisis of 2018.

We mourn the passing of a great Sri Lankan and offer our condolences at this difficult to time Kumar David’s family, friends, and comrades.

Download the Statement here 

CPA Comms Officer on 14 September, 2024

Summary of Policy Proposals by Candidates for the 2024 Presidential Election

Sri Lanka’s presidential election is scheduled for Saturday, 21 September 2024. In anticipation of the election, many of the candidates have published manifestos detailing their visions for Sri Lanka. In the interest of comparing these visions for the country, the Centre for Policy Alternatives (CPA) has prepared this document which categorises the policy proposals of the candidates in their manifestos. It was practically impossible to include the policy proposals made by all Presidential candidates in this document; as such, CPA had to limit itself to the manifestos of Mr. Ranil Wickremesinghe, Mr. Sajith Premadasa, Mr. Anura Kumara Dissanayake and Mr. Namal Rajapaksa.

CPA divided the candidates’ policy proposals into the categories of economic governance, constitutional reforms, rights and related issues, infrastructure and accountability, truth, and reconciliation. We present the candidates’ proposals across these categories in five tables below, relying only on the exact words used in each candidate’s manifesto.

The table on Economic Governance contains policy proposals made by candidates on the issues of Taxation, Procurement, Globalization, IMF and FDI and other economic issues.

The table on Constitutional Reform contains policy proposals made by candidates on the issues of abolition of the Executive Presidency, the 13th Amendment and devolution of power, and other constitutional amendments proposed by the candidates.

The table on Rights and Related Issues contains policy proposals made by the candidates on access to justice, access to health care and education, women and children’s rights, social safety nets and worker’s rights, delayed elections, environment and climate change, and cultural and media rights.

The table on Infrastructure contains policy proposals made by the candidates on infrastructure, transportation and energy and technological development.

The table on Accountability, Truth, and Reconciliation contains policy proposals made by the candidates on accountability for serious human rights violations, the implementation of a public prosecutor’s office, reconciliation, the support and protection of minority rights and national security.

The content of each column for candidates are direct quotations from their individual manifestos on specific issues. Though CPA recognises the intersectionality of issues of many of the policy proposals made by candidates, the quotations inserted have been categorised based on the strength of relevance to the issue and ease of reference for the reader. CPA hopes that this document will be a useful tool for all citizens interested in learning more about the candidates and for anyone who is interested in engaging in a deeper analysis of the key policy proposals put forward by the candidates.

The table containing the policy proposals on Economic Governance can be viewed here. 

The table containing the policy proposals on Constitutional Reform can be viewed here.

The table containing the policy proposals on Rights and Related Issues can be viewed here.

The table containing the policy proposals on Infrastructure can be viewed here.

The table containing the policy proposals on Accountability, Truth and Reconciliation can be viewed here.

CPA Comms Officer on 21 August, 2024

Civil Society Appeal on the Abolition of the Executive Presidency

We the undersigned call upon all candidates contesting the forthcoming 2024 presidential election to firmly and publicly commit to the abolition of the executive presidential system within the first year of the next Parliament.

The experience of 46 years of the operation of the 1978 Constitution shows that the executive presidential system has not delivered on any of the aims for which it was introduced: accelerated and sustained economic growth and development; communal harmony; and political stability. Executive presidentialism has only had a negligible impact on development. It has worsened rather than improved peace and stability, by accelerating ethnic conflict and making our political system prone to frequent crises.

The executive presidential system produces these undesirable outcomes because, through its lack of accountability and responsiveness, it allows authoritarianism, corruption, and incompetence to trump the common good of Sri Lanka and Sri Lankans. We therefore strongly believe that this is the single most important reform that is essential for the meaningful and irreversible re-democratisation of Sri Lanka.

While recent experience since 2022 has only highlighted the autocratic potential of this system, we recall that in the history of presidential elections since 1988, there have been more popular mandates than not for the abolition of the executive presidency. Most recently, the people clearly made the connection between this system and the causes of bad governance and economic collapse when, during the Aragalaya of 2022, they called for ‘system change’. The only way ‘system change’ can even begin to be delivered is by abolishing the executive presidency.

 

මීළග පාර්ලිමේන්තුවේ පළමු වසර තුළදී ම විධායක ජනාධිපති ක්‍රමය අහෝසි කරන බවට ස්ථිරසාරව සහ විවෘතව පොරොන්දු වන ලෙස එළඹෙන 2024 ජනාධිපතිවරණයට ඉදිරිපත් වන සියලූ ම අපේක්ෂකයින්ගෙන් පහත අත්සන් කරන අපි ඉල්ලා සිටින්නෙමු:

විධායක ජනාධිපති ක්‍රමය හඳුන්වා දීම තුළින් අපේක්ෂා කළ ප‍්‍තිඵල කිසිවක්, එනම් කඩිනම් හා තිරසාර ආර්ථික දියුණුව සහ සංවර්ධනය, වාර්ගික සංහිඳියාව සහ දේශපාලන ස්ථාවරත්වය යන කිසිවක් අත්කර ගැනීමට ශ්‍රී ලංකාවට නොහැකි වී ඇති බව 1978 ආණ්ඩුක්‍රම ව්‍යවස්ථාව ක්‍රියාත්මක කර ගත වූ වසර 46 ක අත්දැකීම් වලින් පැහැදිලිව පෙන්වා දෙයි. විධායක ජනාධිපති ක්‍රමය මගින් සංවර්ධනය කෙරෙහි ඇතිකර තිබෙන්නේ ඉතා අල්ප බලපෑමක් පමණි. එම ක්‍රමය විසින් මෙතෙක් සිදුකර තිබෙන්නේ වාර්ගික ගැටුම් තවදුරටත් තීව‍්‍ර කර, අපගේ දේශපාලන ක්‍රමය නිරන්තර අර්බුදවලට ගොදුරු වන තත්ත්වයකට ඇද දමා, සාමය සහ ස්ථාවරත්වය වැඩි දියුණු කරනවා වෙනුවට එය වඩාත් පරිහානියකට ඇද දැමීමයි.

විධායක ජනාධිපති ක්‍රමය විසින් එවැනි අහිතකර ප්‍රතිඵල අත්කර දී තිබෙන්නේ එම ක‍්‍රමයෙහි වගවීමක් සහ ප්‍රතිචාරී බවක් නොමැතිකම හේතුවෙන් එය ඒකාධිපතිවාදයට, දූෂණයට සහ ශ්‍රී ලංකාවේ සහ ශ්‍රී ලාංකිකයන්ගේ පොදු යහපත උදෙසා කටයුතු කිරීමට ඇති නොහැකියාවට ඉඩ සලසා දෙන බැවින් ය. එහෙයින්, ශ්‍රී ලංකාව අර්ථාන්විත සහ නැවත ආපසු හැරවිය නොහැකි ලෙස ප්‍රජාතාන්ත්‍රීකරණය කිරීම සඳහා අත්‍යවශ්‍ය වන සහ වැදගත් ම සෘජු ප්‍රතිසංස්කරණය මෙය වන බව අපි තරයේ විශ්වාස කරන්නෙමු.

2022 වසරේ පටන් මෑත කාලීන අත්දැකීම් වලින් අවධාරණය වී තිබෙන්නේ මෙම විධායක ජනාධිපති ක්‍රමය ඒකාධිපති ක්‍රමයක් කරා පරිවර්තනය වීමේ හැකියාවයි. 1988 ජනාධිපතිවරණයෙන් පසුව දිගටම ජනවරම ලැබී තිබෙන්නේ විධායක ජනාධිපති ක්‍රමය පවත්වාගෙන යාමට වඩා එය අහෝසි කිරීමට ය. ඉතා මෑතක දී, එනම් 2022 අරගලය කාලය තුළදී ”ක්‍රම වෙනසක්” (”සිස්ටම් චේන්ජ්” එකක්* සඳහා ජනතාව වෙතින් පැමිණි ඉල්ලීමෙන් පැහැදිලිව ම පෙනෙන්නේ මෙම විධායක ජනාධිපති ක‍්‍රමය සහ දූෂිත ආණ්ඩුකරණයත්, ආර්ථික කඩාවැටීමත් අතර තිබෙන සම්බන්ධය ඔවුන්ට පැහැදිලිව ම වැටහී තිබෙන බවයි. ”ක්‍රම වෙනසක්” පටන් ගැනීමට අවශ්‍ය මග පාදා ගැනීමට පවා හැකි වන්නේ විධායක ජනාධිපති ක්‍රමය අහෝසි කිරීමෙනි.

கீழே கையொப்பமிட்டுள்ளவர்களாகிய நாம், அடுத்த பாராளுமன்றத்தின் முதலாவது வருடத்தினுள் நிறைவேற்று ஜனாதிபதி முறைமையை ஒழிப்பதற்கு அர்ப்பணிப்புடன் உறுதியாகவும் பகிரங்கமாகவும் செயற்படுமாறு எதிர்வரும் 2024 ஜனாதிபதித் தேர்தலில் போட்டியிடும் அனைத்து வேட்பாளர்களுக்கும் அழைப்பு விடுக்கின்றோம்.

1978 அரசியலமைப்பின் 46 வருட காலத் அனுபவமானது, நிறைவேற்று ஜனாதிபதி முறைமை அறிமுகப்படுத்தப்பட்டமைக்கான நோக்கங்களான துரிதப்படுத்தப்பட்ட மற்றும் நீடித்து நிலைத்த பொருளாதார வளர்ச்சி மற்றும் அபிவிருத்தி இன ஐக்கியம் மற்றும் அரசியல் ஸ்திரத்தன்மை ஆகிய இலக்குகளில் எதனையும் அது நிறைவேற்றவில்லை என்பதை வெளிப்படுத்துகின்றது. நிறைவேற்று ஜனாதிபதி முறைமை அபிவிருத்தியின் மீது மிகவும் குறைந்தளவான தாக்கத்தினையே ஏற்படுத்தியுள்ளது. இது இன மோதலை விரைவடையச் செய்து, எமது அரசியல் முறைமையை அடிக்கடி நெருக்கடிகளுக்கு உள்ளாக்கும் நிலைக்குள் இட்டுச் செல்வதன் மூலம் அமைதி மற்றும் ஸ்திரத்தன்மையை மேம்படுத்துவதற்கு மாறாக மேலும் மோசமடையச் செய்துள்ளது.

நிறைவேற்று ஜனாதிபதி முறைமையில் பொறுப்புக்கூறல் மற்றும் பதிற்செயற்பாடாற்றல் என்பவை காணப்படாததன் காரணமாக இலங்கையினதும் இலங்கையர்களினதும் பொது நன்மையை நசுக்குவதற்கு எதேச்சாதிகாரம், ஊழல் மற்றும் தகைமையின்மை ஆகியவற்றை அனுமதிப்பதன் ஊடாக இத்தகைய விரும்பத்தகாத விளைவுகளை இந்த முறைமை உருவாக்குகின்றது. ஆகவே, இலங்கையின் அர்த்தபூர்வமான மற்றும் மாற்றத்தகாத மீள்-ஜனநாயகமயமாக்கலுக்கு அவசியமான மிக முக்கியமனான ஒரே மறுசீரமைப்பு இதுவே என நாம் உறுதியாக நம்புகின்றோம்.

2022ஆம் ஆண்டிலிருந்தான அண்மைக்கால அனுபவங்கள் இந்த முறைமையின் சர்வாதிகார இயலுமையை மாத்திரமே எடுத்துக் காட்டியுள்ள அதேவேளை, 1988ஆம் ஆண்டிலிருந்தான ஜனாதிபதித் தேர்தல்களின் வரலாற்றில், நிறைவேற்று ஜனாதிபதி முறைமையின் ஒழிப்பிற்கான ஆணையை விடப் பிரபலமான ஆணைகள் எதுவும் வழங்கப்பட்டிருக்கவில்லை என்பதை நாம் நினைவுபடுத்துகின்றோம். மிக அண்மையில், 2022ஆம் ஆண்டின் மக்கள் போராட்டத்தின்போது (அரகலய) ‘முறைமை மாற்றம்’ ஒன்றிற்காக மக்கள் அழைப்பு விடுத்தபோது, இந்த முறைமைக்கும் மோசமான ஆட்சி மற்றும் பொருளாதார வீழ்ச்சியின் காரணிகளுக்கும் இடையேயான தொடர்பினை அவர்கள் தெளிவாக தெரியப்படுத்தியிருந்தனர். ‘முறைமை மாற்றத்தை’ ஏற்படுத்துவதற்கான ஆரம்பமாக அமையும் ஒரே வழி நிறைவேற்று ஜனாதிபதி முறைமையை ஒழிப்பதாகும்.

 

List of Signatories

Individuals

        1. Geoffrey Alagaratnam, President’s Counsel
        2. Daniel Alphonsus
        3. Dr A.M. Navaratne Bandara
        4. Daneshan Casie Chetty
        5. Bishop Duleep de Chickera
        6. Anushaya Collure
        7. Anushya Coomaraswamy
        8. Dr Radhika Coomaraswamy
        9. Dr Tara de Mel
        10. Anoma De Silva
        11. Minoli de Soysa
        12. Visaka Dharmadasa
        13. Fr Noel Dias
        14. Rohan Edrisinha
        15. Nirmaleeni Eriyagama
        16. Priyanthi Fernando
        17. Suresh Fernando
        18. Rosanna Flamer-Caldera
        19. Bhavani Fonseka
        20. Dr Rajni Gamage
        21. Dr Mario Gomez
        22. Prof Savitri Goonesekera
        23. Prof Camena Gunaratne
        24. Sharmaine Gunaratne
        25. Melani Gunathilaka
        26. Dr Samanthi J. Gunawardana
        27. Dr Ruvaiz Haniffa
        28. Dr Sanjana Hattotuwa
        29. Tracy Holsinger
        30. Elijah Hoole
        31. Rajan Hoole
        32. Ameena Hussein
        33. K.W. Janaranjana, Attorney-at-law
        34. S.T. Jayanaga, President’s Counsel
        35. Chandra Jayaratne
        36. Prof T. Jayasingham
        37. Tissa Jayathilaka
        38. Dr Nihal Jayawickrama
        39. Sarah Kabir
        40. Dr Sakuntala Kadirgamar
        41. Prof Gamini Keerawella
        42. Dr Harshan Kumarasingham
        43. Jayanthi Kuru-Utumpala
        44. Danushka S. Medawatte
        45. Anura Meddegoda, President’s Counsel
        46. Buhary Mohamed
        47. Manoj Nanayakkara, Attorney-at-law
        48. Prof Arjuna Parakrama
        49. Prof H.R. Pasindu
        50. Dr Pradeep Peiris
        51. Binendri Perera
        52. Dr Jehan Perera
        53. Nadishani Perera
        54. Srinath Perera, Attorney-at-law
        55. Dinal Phillips, President’s Counsel
        56. Saliya Pieris, President’s Counsel
        57. Kalupahana Piyaratana
        58. Mirak Raheem
        59. Dr Ramesh Ramasamy
        60. Prof Ruvani Ranasinha
        61. Ravi Ratnasabapathy
        62. Roel Raymond
        63. Dr Kanchana Ruwanpura
        64. Athulasiri Kumara Samarakoon
        65. Jeanne Samuel
        66. Dr Paikiasothy Saravanamuttu
        67. Dr Kalana Senaratne
        68. Prof Tudor Silva
        69. Vanie Simon
        70. M.A. Sumanthiran, President’s Counsel
        71. Ermiza Tegal, Attorney-at-law
        72. Prof Chandragupta Thenuwara
        73. Sandun Thudugala
        74. Prof Deepika Udagama
        75. Prof Jayadeva Uyangoda
        76. Gamini Viyangoda
        77. Dr Asanga Welikala
        78. Dr Shamara Wettimuny
        79. Dr Jayampathy Wickramaratne, President’s Counsel
        80. Anoma Wijewardene
        81. Dr Roshan de Silva Wijeyeratne
        82. Dr Joe William
        83. Godfrey Yogarajah

      Organisations

        1. Alliance Development
        2. Association of War Affected Women
        3. Centre for Policy Alternatives
        4. Eastern Social Development Foundation
        5. International Centre for Ethnic Studies
        6. Institute of Political Economy
        7. Law and Society Trust
        8. Transparency International Sri Lanka
CPA Comms Officer on 20 August, 2024

The Intersectional Trends of Land Conflicts in Sri Lanka

15 years after the end of the Civil War, Sri Lanka continues to experience deep ethnic divisions and has failed to address the root causes of the conflict that halt moving to a post-conflict society. Unfortunately, the decades-long problem of land has continued in the post-war setting, and new mechanisms of State intervention are creating divisions that deter the reconciliation processes. Land has been used to create an asymmetry of power in the Northern and Eastern regions for over three decades, and there is a growing trend of intrusive methods being employed in these regions, triggering fear amongst local communities. Therefore, the report’s objective is to shed light on the multifaceted role of the State and non-state authorities in issues around land ownership, use, and access, and explore how local communities respond to this oppression. It highlights how the State co-opts legislature, Government agencies, the military, and private corporations, creating long-term consequences for communities and for the nation to achieve a successful post-conflict society. CPA recognises a series of key interrelated trends between the multitude of rights infringements, i.e. ethnonationalism, continued Government authority intervention, military expansion, and the profit-making objectives of private entities.

The report elaborates on how the ethno-majoritarian bent has violated basic rights that must be protected. Hostilities are further intensified by non-state actors, particularly by the growing involvement of Buddhist clergy. As noted in the present report, the clergy has entered lands belonging to minority religious communities, and have uprooted, renamed, and re-claimed land as ‘sacred areas’ or ‘Buddhist sites’, despite counterfactual evidence as was seen in Manikkamadu located in the Ampara District, the Chulipuram Paralai Murugan Temple located in Jaffna District, and the Kurunthumalai Aathi Shivan Iyanar Temple located in the Mullaitivu District which is elaborated on later in the report. The use of ‘national heritage’ to solely capture the majority views, demonstrates an ethnopolitical slant of such terminology that contains wide implications for how the nation perceives identity. The increasing involvement of the Buddhist clergy in land conflicts often suggests a level of collusion with State actors, who assist clergy in appropriating lands and providing physical protection through military and police personnel. The report argues that the State’s agenda to increase ethnonationalist sentiment is being supported by the Buddhist clergy in the North and East that have far more political leverage to appropriate land, compared to the minority religious communities. Additionally, the report highlights observations of increased ethnonationalist sentiment, specifically of increased Sinhala-Buddhisisation and Hindutva nationalist rhetoric. Thus, the consolidation of ethnonationalist sentiments is often done by instilling power in non-state actors whose agenda complements that of the State.

The report further notes the use and abuse of legislation, especially within the context of impending national elections and against the backdrop of land appropriation that has altered the ethnic and religious composition in areas historically dominated by minorities. There is evidence in the report of State intervention by agents such as the Department of Archaeology, Mahaweli Authority of Sri Lanka, and the Department of Forest Conservation, among others. These agencies often enter lands that have belonged to and been used by communities for centuries, frequently without notice, to prevent access to the land. Such action sparks fear and threats of violence in areas that have experienced decades of violence. Often, departments utilise the legal framework to extend their control over land, as is evident in cases such as Mullikulam village bordering South of Mannar and the Nilavarai Well in the Navagiri Village, which will be discussed further in the report. The arbitrary and unpredictable nature of State agents’ intervention sparks fear within and among communities as to their ability to live on their lands and continue with their livelihood. Tensions between local communities and State authorities are consequently on the rise.

Even though State interventionist measures have evolved significantly over time, with both historical and contemporary tactics contributing to ongoing conflicts; earlier tactics of expanding military occupation continue to be employed in order to obstruct locals’ access to their lands. CPA’s engagement with cases such as Sampur in the East of Sri Lanka illustrates the dimensions by which the military has attempted to obstruct locals from entering and using their lands for decades. The cases highlighted in the report display the impact of expanding military occupation which often leads to dispossession and displacement, and an inability to restart livelihood, including economic activity. Frequently, the effects of lacking access to land are immense, leading to increasing levels of poverty and alienation, drastically lowering the quality of life. The continued occupation of the military and State agents draws into question whether lands will be returned and validates the growing doubt amongst communities regarding State intentions behind such initiatives. Further, in the context of past colonisation schemes that have contributed to conflict, apprehension remains with new schemes such as the ‘Urumaya Programme’. The full effects of these newer programmes are complex and yet to be seen but require continuous scrutiny.

Additionally, recent collaborations between the State and private corporations, in projects such as sand mining in the North and East, exemplify the severe environmental and economic impacts residents face when development projects are conducted with poor oversight and limited regulatory provisions. The case of Adani Green Energy’s Wind Power Project, discussed later in the report, is one such example. In the backdrop of an economic and governance crisis, land issues capture the willingness to sacrifice the livelihoods of minority communities in the pursuit of foreign direct investment in the country. Furthermore, how State structures enable corporations to undermine land rights, degrade the environment, and extract resources disproportionately with significant implications for local communities will be highlighted.

These various trends are examined through cases illustrated in the report. Overall, the report lays out how land is a trigger for conflict and highlights the urgent attention required from all stakeholders to curb the increased tensions that are developing in the North and East.

 

Click Here to Download the Report

Click Here to Download the Report in Tamil

Click Here to Download the Report in Sinhala

CPA Comms Officer on 15 August, 2024

The Confidence in Democratic Governance Index- 6

This report is prepared by Social Indicator (SI), the survey research arm of the Centre for Policy Alternatives (CPA), on the findings of the ‘Confidence in Democratic Governance Index’ survey (Wave 6). This island-wide survey captures the public perception/opinion on the current situation of the country, in terms of the legitimacy and accountability of the government’s conduct, and initiations related to economic reforms, reconciliation, good governance, and democracy. The objective of this survey is to inform the current political debate on the views of the silent majority of the country that underpin Sri Lanka’s democratic culture. Thereby, SI-CPA envisages this survey report would contribute to a rich political debate, in the run-up to the presidential election, that is vital for people to make an informed decision at this crucial election. Fieldwork for the survey was carried out from the 1st to the 12th of July 2024 with 1352 sample respondents.

The Sinhala and Tamil versions of the report will be published in due course.

Download the Topline Report Here

Download the Report in Sinhala

Download the Report in Tamil

CPA Comms Officer on 1 August, 2024

Reimagining National Security for Sri Lanka: Emphasising both Territorial Integrity and Individual Welfare

A reimagination of what national security means and, thereby, encompasses for Sri Lanka is vital to better encapsulate and understand the contemporary security concerns that it faces. This Brief calls for a reimagination of national security that necessitates securing the territorial sovereignty of the state whilst simultaneously securing its constituents as well, thereby defining national security as ‘a low probability of damage to the acquired values of the state and its constituents, and the absence of fear that such values will be attacked’. This is a synthesis between the traditional and human security approaches, the former entailing the security of the territorially sovereign state with the latter prioritising the individual welfare of the constituents of the state with respect to the seven core values of economic, food, health, environmental, personal, community, and political security.

The value here is two-fold. Firstly, it is recognised that securing the territorial sovereignty of the state does not necessarily secure its people, though it is a prerequisite for doing so as ensuring the protection of any of the seven core values of the human security approach would not be possible if the territorial sovereignty of the state was compromised. Secondly, the human security approach allows for addressing many contemporary security concerns that fall outside the scope of the traditional security approach.

Such an approach in Sri Lanka’s present context translates to several key areas of consideration, namely: terrorism; extremism and conflict resurgence; defence expenditure and the armed forces; cyberspace; climate change; the economy and regional geopolitics. In order to counter terrorism effectively the National Security Council, as the apex national security decision-making body, must be given statutory basis and its own secretariat that is led by a National Security Advisor. Additionally, a legal framework, alongside a judicial or quasi-judicial enforcing body, providing for surveillance powers under certain conditions should be established. It is also imperative that the Prevention of Terrorism Act be repealed in favour of counter-terrorism legislation in line with international best practices and Sri Lanka’s obligations under international human rights law. Lastly, the need for a Public Prosecutor’s office that is separate and independent of the government having the sole responsibility to indict and prosecute gained further currency in the wake of culpability in the Easter Sunday Attacks of 2019.

Sri Lanka is no stranger to extremism and conflict, and so shrinking the space for extremism and conflict resurgence is crucial. Therefore, addressing the push and pull factors for extremism is a must. This entails ensuring: the independent and impartial functioning of the public service, law enforcement, and the judiciary; equality of opportunity in recruitment and nominations to government bodies and institutions regardless of religious, ethnic, linguistic, and/or cultural background; government bodies and institutions having some representation of the stakeholders affected by its objectives. Moreover, civic, cross-cultural, and cross-religious education in primary and secondary educational institutions is an imperative to create a citizenry that is respectful of human rights, democracy, and Sri Lanka’s religious, ethnic, linguistic, and cultural diversity. Furthermore, the spread of misinformation, disinformation, and hate speech must be mitigated and those responsible for it and other acts of extremism must be held accountable. Lastly, an effective system of provincial devolution would be valuable in addressing a continuing ethnoreligious grievance that was at the heart of Sri Lanka’s protracted and brutal civil war.

The excessive and wasteful expenditure on defence must be reduced and optimised. This involves reducing the number of active-duty troops and increasing the number of reserves by curtailing recruitment and a voluntary retirement scheme where those that do retire but need alternative employment are aided in that transition. Additionally, the lion’s share of resources must be redirected from the army to the navy as the sea is the frontier of defence for Sri Lanka. This has spillover benefits for addressing maritime piracy and terrorism, human and drug trafficking, and IUU fishing as the navy would be better resourced. Relatedly, addressing the challenges of cyberspace requires improving the cybersecurity capabilities of the military, in addition to the government needing to enhance its cybersecurity capabilities to protect its digital infrastructure, as the increased incorporation of digital development into conventional military hardware brings with it vulnerabilities that can be the target of a cyberattack. The military should also establish a branch dedicated to threats emanating from cyberspace. Moreover, the government must also develop new and/or update national policy and legislation on subjects pertaining to cyberspace.

The threat that climate change poses to national security cannot be exaggerated. It is an issue that necessitates greater pragmatism in policy formulation and, as it is a cross-cutting issue across government, extensive coordination in policy implementation. Furthermore, given Sri Lanka’s heightened vulnerability to the impacts of climate change there is a need to prioritise conservation and climate change adaptation over mitigation. Both conservation and adaptation efforts would benefit from decentralised governance through the devolution of powers to the provinces as the provincial level is closer to the people and better situated to understand the unique challenges each province faces. Relatedly, in order to pursue sustainable development whilst aiding Sri Lanka’s recovery from national insolvency, green finance and the blue economy represent engines of growth for the Sri Lankan economy.

Finally, in navigating the geopolitics of the Indian Ocean Sri Lanka must tread carefully to ensure that it is not dependent on a single state or bloc for its economic recovery and development to prevent undue external influence over the country. Additionally, a Parliamentary Select Committee for foreign policy formulation and revision should be established for a more bipartisan and consistent Sri Lankan foreign policy alongside an effective foreign service that has the capacity to expand and build on Sri Lanka’s relationships with other countries. The latter requires the foreign service to be depoliticised, and better staffed and resourced. Lastly, legislation on political financing must be strengthened to limit the role of foreign powers financing election campaigns in Sri Lanka with state intelligence services having the capacity to enforce such legislation.

By no means is this an exhaustive list of what should be taken into consideration nor do the recommendations wholly address what should be done in any of these areas. However, they do demonstrate the scope of issues that are relevant to the reimagined conception of national security asserted in this Brief, the similarities and differences in how these issues affect the Sri Lankan state and the Sri Lankan people respectively, and how these issues interact and relate to each other.

 

Download the Policy Brief Here

CPA Comms Officer on 29 July, 2024

CPA Statement on the Wilful disregard for the Constitution by the President

29th July 2024

The Centre for Policy Alternatives (CPA) notes with grave concern the actions of the President and the Government in response to the Supreme Court’s interim order last week restraining Mr Deshabandu Thennakoon from exercising the powers, functions, and responsibilities of the office of the Inspector General of Police (IGP). This interim order has been met with statements by the Government, including a formal statement in Parliament by the Prime Minister on 26th July explicitly rejecting it, that raises alarm as to whether Sri Lanka is heading towards a constitutional crisis. CPA urges the President to desist from any or all action that raises that prospect. This is against the backdrop of the Election Commission issuing a gazette setting the date of the Presidential Election to be held on 21st September 2024, and it is incumbent on the Government and all stakeholders to adhere to the Constitution and respect the integrity of the election. Any attempt to subvert elections and the rule of law will have significant implications on governance and democracy and setback Sri Lanka’s path towards economic recovery and stability. 

The following briefly sets out some of the recent events and their implications. 

The Supreme Court’s Interim Order on the IGP

The Supreme Court’s interim order this week was in response to several cases filed challenging the appointment of Mr Thennakoon as IGP. One of the petitions was filed by CPA’s Executive Director. After hearing lengthy submissions, the Court found that the Petitioners’ case could proceed to the next stage and in light of the strong case made out, the Court also granted an interim order. 

CPA welcomes the interim order which upholds the clear and unambiguous provisions of the Constitution. CPA’s position is that, on the documents produced by the Respondents in court, including the minutes of the Constitutional Council meeting, it is clear that the President could not have appointed Mr Thennakoon as IGP on 26th February 2024, as the required support of at least five members of the Constitutional Council was not met.

CPA notes that the President is duty bound to uphold the Constitution. Nothing in the order would prevent the President from making an acting appointment after following the appropriate procedure set out in the Constitution. If the President does not make an acting appointment, that is a choice he makes and he would be fully responsible for the consequences of that choice. Wilful violation of the Constitution, including by refusing to do what the Constitution requires him to do, is a ground on which a President can be impeached. As seen in several recent cases, a person holding the office of President can also be held liable in his individual capacity even after the conclusion of his term of office for such violations. In such a context, any action to subvert and/or undermine the Constitution by the individual holding the office must be monitored and necessary legal action pursued. 

Misinformation on the Supreme Court’s Interim Order

CPA also notes that there has been significant misinformation on the validity and the impact of the Supreme Court’s order, including in the Prime Minister’s statement to the House on 27th July. The Supreme Court’s interim order was not against Parliament, nor was it against the Constitutional Council. The Constitutional Council, moreover, is not a committee of Parliament and thus is not protected by the parliamentary privilege of exclusive cognisance. A judicial decision that the President disagrees with is not sufficient basis to claim a judicial attack on the powers and privileges Parliament.  The order of the Supreme Court restrains Mr Thennakoon personally from functioning in the office of IGP. Any suggestion that the order is an order against the functions of Parliament is without merit and lacks any basis in terms of the Constitution and the law. Having misinformed itself on these matters, the Government has in its irresponsible response to the Supreme Court acted in breach of several constitutional conventions that are central to the rule of law, the separation of powers, and the independence of the judiciary. These include the conventions that the Government: obeys the orders of a court even and especially when it does not agree with the reasoning of a judicial pronouncement; does not attack the judiciary in Parliament or elsewhere; and observes the sub judice principle.    

CPA also notes the misinformation campaign to indicate that the President cannot make an acting appointment to cover the functions of the office of IGP. This claim is patently false. The Constitution makes specific provision for acting appointments (Article 41C(2)). The only requirement is that when such an appointment is for a period of more than two weeks, the President needs to get the approval of the Constitutional Council. Furthermore, recent examples dispel these false claims. Firstly, in the aftermath of the 2019 Easter Sunday attacks, the then President appointed Mr. C.D. Wickramarathne as acting IGP whilst Mr. Pujith Jayasundara (who was the IGP) was suspended pending investigations in to his conduct. More recently, an acting appointment to the office of IGP was made when Mr Thennakoon was first appointed as acting IGP in November 2023. 

As such, there is no impediment for the President to make an acting appointment to the office of IGP. In fact, the Constitution requires the President to respect the order of Court and his own responsibilities in terms of the Constitution to make a suitable acting appointment. It is unfortunate that the President seems to be acting in a manner intended to frustrate the order of Court and subvert the Constitution. 

The Supreme Court’s Interim Order and the Presidential Election 

CPA notes the attempts to imply that the interim order may have a bearing on the holding of the presidential election. The interim order has no impact on the conduct of elections. The order leaves it open to the President to make a suitable acting appointment in terms of the Constitution. Even if the President does not make such an appointment, the Election Commission has provision in the Constitution to give necessary orders to the hierarchy of the Sri Lanka Police to perform functions relating to the election (Article 104G and 104GG). 

Click here to Download the Statement

Click here to Download the statement in Tamil

CPA Comms Officer on 18 May, 2024

Public Opinion on Reconciliation in Sri Lanka, May 2024

This report presents key findings of the survey on reconciliation conducted by Social Indicator (SI), the survey research arm of the Centre for Policy Alternatives (CPA). Given the background, the year 2024 marks the 15th anniversary of the end of the civil war in Sri Lanka, the poll was designed to capture the current public opinion on matters related to themes of democracy and reconciliation in Sri Lanka. The survey findings on economic and educational growth prospects, safety and security, political interactions, as well as views on political and religious leadership are discussed in this brief report. The fieldwork was conducted between 19th February and 13th March 2024, with 1372 sample respondents

The Report in English can be downloaded from here

The Report in Sinhala can be downloaded from here

The Report in Tamil can be downloaded from here

 

CPA Comms Officer on 27 March, 2024

Understanding Interconnections between Human Rights and Economic Crimes in Sri Lanka: Exploring Issues and Potential Ways Forward

In Sri Lanka, economic crimes perpetrated by PEPs have received critical attention at present, where there have been discussions on plausible interventions to address the culture of impunity and the human rights implications of economic crimes. This report, written primarily to understand and advocate for key issues concerning addressing economic crimes in Sri Lanka, maps out several interconnections between economic crimes perpetrated by PEPs in Sri Lanka and the human rights implications of such crimes. Since the notion of economic crimes suffers from an inherent conceptual confusion, there are a myriad of policy prescriptions and interventions to address economic crimes. With this understanding, the report examines a selection of issue areas concerning impunity for economic crimes in Sri Lanka in-breadth through empirical research. The report consists of three chapters. In Chapter 1, we outline the point of departure of the study, by laying out the conceptual framework of the research. The second chapter is dedicated to presenting the findings of the study, where the readers are provided an overview of certain challenges encountered in addressing economic crimes. This chapter analyses the empirical data collected in the research, by setting out the cross- cutting structural, legal as well as socio-political issues reinforcing a culture of impunity for economic crimes in the country. In the final chapter, we discuss potential interventions that could be utilized in advocacy efforts and strategies for various stakeholders to amplify the demands on the accountability for economic crimes in Sri Lanka at present. The annexure at the end of the report, provides a snapshot of several case studies on grand corruption in Sri Lanka, which could be considered as some of the emblematic cases of economic crimes in the country.

Click Here to read the Report

 

CPA Comms Officer on 26 March, 2024

Shifting Tides – A Trend Analysis of Public Opinion on Reconciliation and Democracy in Sri Lanka

This report provides a comprehensive analysis of evolving public opinion on democracy and reconciliation in Sri Lanka, over the past two decades. Employing a comparative approach, it examines responses to recurring questions posed in a series of surveys conducted by SI-CPA and delves into an exploration of longitudinal trends on the following topics: majority-minority relations, social trust, political safeguards for minorities, trust in democracy and institutions, power sharing, secular constitution, and support for constitutional reforms.

Click Here to Download the Document in English

Click Here to Download the Document in Sinhala

Click Here to Download the Document in Tamil

 

 

 

 

CPA Comms Officer on 11 March, 2024

Centre for Policy Alternatives (CPA) challenges constitutionality of the appointment of Inspector General of the Sri Lanka Police (IGP)

The Executive Director of the Centre for Policy Alternatives (CPA), Dr. Paikiasothy Saravanamuttu, filed a Petition in the Supreme Court of Sri Lanka challenging the constitutionality of the Presidential appointment of Mr. Deshabandu Thennakoon as Inspector General of the Sri Lanka Police (IGP) on the 26th of February 2024.

Article 41C of the 1978 Constitution of Sri Lanka provides that such an appointment by the President cannot occur without approval from the Constitutional Council of Sri Lanka. According to Article 41E, that approval should have at least 5 votes in favour. The Leader of the Opposition, who is a member of the Council, has alleged that the Council did not approve the appointment of the IGP with the minimum 5 votes.

As such the Petition, argued that the appointment of the IGP was unconstitutional. Furthermore, the Petition also argued that Mr. Thennakoon is manifestly unsuitable for the role of IGP as the Supreme Court, in a fundamental rights case, found him to have engaged in torture (in the Supreme Court decision of SC (FR) 107/2011 Mr. Thennakoon was determined to have infringed Articles 11, 12(1), 13(1) and 13(2) of the Constitution.)

Essentially, his appointment as IGP will infringe Article 12(1) of the Constitution as it is arbitrary, grossly unreasonable and against the public trust.

CPA Comms Officer on 8 March, 2024

Does Sri Lanka Need a Truth and Reconciliation Commission? – A Comment on the Latest Proposal & Ground Realities

This year marks the fifteenth anniversary of the end of the Civil War. Over the years, the government has introduced multiple Commissions of Inquiries (COIs), Presidential Commissions of Inquiries (PCOIs), a Consultation Task Force (CTF) and other institutions such as the Office of Missing Persons (OMP) and the Office for Reparations (OR) under the pillars of truth and justice. However, such initiatives have failed due to the lack of political will of the government to truly address the demands of the victims, specifically in terms of not taking any legal action to prosecute alleged perpetrators and address impunity in Sri Lanka. Despite the numerous attempts at truth seeking in the country, the failure to implement recommendations of past COI’s, has resulted in a ‘commission fatigue’ and a culture of impunity, with little to no progress made towards accountability. In addition, efforts in the past also speak to missed opportunities at addressing the demands of the victims, and is a stark reminder of the multiple times successive governments have re-victimized and re-traumatised victims and affected communities in Sri Lanka. 

Under the government of Ranil Wickremesinghe, the state has once again initiated efforts in the interest of achieving truth, unity and reconciliation. Two legal developments have been introduced in the interest of achieving transitional justice. The first is in relation to the introduction of an Office for National Unity and Reconciliation, which was gazetted in September 2023 and enacted on 23rd January. The second is a proposal to introduce a Commission for Truth, Unity and Reconciliation (CTUR) in Sri Lanka, gazetted on the 1st of January 2024. The present paper examines issues surrounding the CTUR. 

In the statement published on the 9th of January, Centre for Policy Alternatives (CPA) noted that both bills fail to address the concerns of victims, and raises concerns of whether they are genuine efforts implemented to achieve reconciliation. This is in context where the ground reality of Sri Lanka is currently inclusive of repressive laws such as the Online Safety Act that was recently passed, heightened ethno-nationalism and land appropriation. In addition, successive governments have addressed transitional justice only as a response to mounting international pressure and scrutiny, with domestic initiatives seen more as a token step and an attempt to appease the international community. 

While Sri Lanka’s responsibility to adopt transitional justice mechanisms directly stems from Resolutions 30/1 and 34/1, in March 2021, the United Nations Human Rights Council (UNHRC) passed resolution 46/1. This resolution introduced the “Sri Lanka Accountability Project”, whereby the Office of the UN High Commissioner for Human Rights (OHCHR) received powers to “collect, consolidate, analyse and preserve information and evidence and to develop possible strategies for future accountability processes for gross violations of human rights or serious violations of international humanitarian law in Sri Lanka”.  This resolution was followed by the passing of resolution 51/1 in October 2022 that reiterated concerns of past resolutions and recognised the link with human rights violations, economic crimes and impunity. In March and September 2024, the UNHRC will discuss Sri Lanka and examine the progress made on the implementation of these Resolutions. The proposal for the CTUR needs to be examined in such a context. 

Based on the ground reality in Sri Lanka and the lack of implementation of past recommendations by commissions implemented to address reconciliation, this paper requests the government to reconsider whether a CTUR is needed at the present time. To support this, this paper has been divided into three sections. The first section offers a brief overview of what the CTUR bill is. Second, the paper comments on specific sections that not only point to the flaws of the bill, but refer to repeated concerns and criticisms CPA has made in relation with previous state initiatives on reconciliation. Thirdly, CPA takes into account victim demands, drawing conclusions as to why this latest initiative fails to meet the demands of the victims. 

 

Click here to Read the Discussion Paper

CPA Comms Officer on 6 March, 2024

Survey on Democracy and Reconciliation

This brief report aims to share some of the selected key findings of the latest survey on democracy and reconciliation conducted by Social Indicator, the survey arm of the Centre for Policy Alternatives. The poll was designed to capture the current public opinion on matters related to themes of democracy and reconciliation in Sri Lanka. The survey findings on support for democracy, trust in democratic institutions, public assessment of the progress of reconciliation, and attitude toward constitutional reforms are discussed in this brief report.  The fieldwork was conducted between 4th and 22nd of January 2024.

මෙම සංෂිප්ත වාර්තාවේ අරමුණ විකල්ප ප්‍රතිපත්ති කේන්ද්‍රයේ සමීක්ෂණ පර්යේෂණ අංශය වන සෝෂල් ඉන්ඩිකේටර් විසින් මෙහෙයවන ලද නවතම සමීක්ෂණය වන ‘ශ්‍රී ලංකාවේ ප්‍රජාතන්ත්‍රවාදය සහ සංහිඳියාව’ පිළිබඳ සමීක්ෂණයෙහි තෝරාගන්නා ලද ප්‍රධාන සොයාගැනීම් කිහිපයක් ඉදිරිපත් කිරීමයි. ශ්‍රී ලංකාවේ ප්‍රජාතන්ත්‍රවාදය සහ සංහිඳියාව පිළිබඳ තේමාවන්ට අදාළ කරුණු සම්බන්ධයෙන් මහජන මතයෙහි වත්මන් තත්වය ග්‍රහණය කර ගැනීමේ අරමුණින් මෙම සමීක්ෂණය සැළසුම් කරන ලදී. ප්‍රජාතන්ත්‍රවාදය සඳහා සහාය, ප්‍රජාතන්ත්‍රවාදය ක්‍රියාවට නංවන ආයතනයන් පිළිබඳ විශ්වාසය, සංහිඳියාවේ ප්‍රගතිය පිළිබඳ මහජන තක්සේරුව සහ ආණ්ඩුක්‍රම ව්‍යවස්ථා ප්‍රතිසංස්කරණයන් පිළිබඳ ආකල්ප යනාදි මෙම සමීක්ෂණයෙහි සොයාගැනීම් මෙම සංෂිප්ත වාර්තාව මඟින් සාකච්ඡා කරනු ලබයි. ක්ෂේත්‍ර කටයුතු 2024 ජනවාරි 4 වන දින සිට 22 වන දින දක්වා පවත්වන ලදී.

இந்தச் சுருக்கமான அறிக்கையானது, மாற்றுக் கொள்கைகளுக்கான நிலையத்தின் கருத்துக்கணிப்பு ஆய்வுப் பிரிவான சோஷல் இன்டிகேட்டரினால் ஜனநாயகம் மற்றும் மீள்நல்லிணக்கம் குறித்து சமீபத்தில் நடாத்திய ஆய்வின் தேர்ந்தெடுக்கப்பட்ட சில முக்கிய முடிவுகளைப் பகிர்ந்து கொள்வதை நோக்கமாகக் கொண்டுள்ளது. இலங்கையில் ஜனநாயகம் மற்றும் மீள்நல்லிணக்கம் ஆகிய கருப்பொருள்கள் சார்ந்த சில விடயங்கள் தொடர்பில் பொதுமக்களின் தற்போதைய அபிப்பிராயத்தை அறித்துகொள்ளும் வகையில் இந்த கருத்துக்கணிப்பு வடிவமைக்கப்பட்டுள்ளது. ஜனநாயகத்திற்கான ஆதரவு, ஜனநாயக நிறுவனங்களின் மீதான நம்பிக்கை. மீள்நல்லிணக்கத்தின் முன்னேற்றம் குறித்த பொதுமக்களின் மதிப்பீடு மற்றும் அரசியலமைப்பு சீர்திருத்தங்கள் மீதான அணுகுமுறை ஆகியன தொடர்பிலான ஆய்வு முடிவுகள் இந்த சுருக்கமான அறிக்கையில் ஆராயப்பட்டுள்ளன. வேளிக்களப்பணி 2024 ஜனவரி 4 முதல் 22 வரை நடத்தப்பட்டது.

 

 

Click here to access the Full Report in English

Click here to access the Full Report in Sinhala

Click here to access the Full Report in Tamil

 

CPA Comms Officer on 5 March, 2024

Confidence in Democratic Governance Index (Wave 5)

This report is prepared by Social Indicator (SI), the survey research arm of the Centre for Policy Alternatives on the findings of the Confidence in Democratic Governance Index (Wave 5).  This poll was designed to capture the public sentiments on the country’s current state of governance and the fieldwork for the study was conducted from 6th to 23rd of November 2023.

Please download the English version of the report here. 

Please download the Sinhala version of the report here. 

Please download the Tamil version of the report here.

CPA Comms Officer on 7 February, 2024

Statement on the Online Safety Act No. 09 of 2024

The Centre for Policy Alternatives (CPA) is concerned with the process followed in enacting the Online Safety Act (OSA). It raises serious questions in terms of law-making and its impact on constitutional democracy in Sri Lanka. CPA has previously raised these issues but notes with disappointment the continued practice. The process of drafting the OSA was shrouded in secrecy. The rushed manner of its passage raises questions as to the intentions of the Government in enacting a law that has significant implications for fundamental rights and the rule of law in Sri Lanka. CPA has previously commented on the substance and process followed with the Bill and challenged its constitutionality. In light of recent events surrounding the enactment of the OSA, CPA condemns the enactment of such a draconian law that can further limit freedom of speech and the right to dissent. 

It is with concern that CPA notes the issues surrounding committee stage amendments of 24th of January 2024. With the Supreme Court ruling requiring 31 amendments for the passage of the Bill with a simple majority in Parliament, questions were raised concerning the compliance with Article 78(3) of the Constitution which states that “Any amendment proposed to a Bill in Parliament shall not deviate from the merits and principles of such Bill”. 

CPA at the outset noted that the committee stage amendments proposed were substantial alternations, requiring the Bill to be withdrawn and re-gazetted. Despite this, the Government proceeded with the Bill, while failing to adopt mandatory changes required by the Supreme Court to pass the law with a simple majority. 

For example, the Supreme Court required that the State ensures that all persons involved in investigations maintain confidentiality of information obtained from the subject of investigations. However, the current Act contains no such protection (see page 60 of the determination). It was also determined by the Court that the inclusion of terminology such as “malicious” and “wantonly” was vague (see page 48 of the determination), yet, the OSA continues to use such wording in Section 14. Moreover, it was determined that certain services, such as emails that are the only user-generated content enabled by the service or SMS/MMS services, must be exempted from the OSA (see pages 59 to 60 of the determination). However, these changes were not made and the provisions on which the Supreme Court raised concerns continue under Section 27 of the OSA, thus raising concerns that the Supreme Court’s decision was selectively ignored.

The Government’s rush to enact the OSA and its disregard for the Supreme Court determination has resulted in a constitutional crisis, raising questions about the legality of the OSA. Moreover, by intentionally undermining the determination of the Supreme Court, the Government is setting a dangerous precedent that has implications for the rule of law and separation of powers in Sri Lanka. 

These concerns are also in the context of multiple other issues with the OSA that have been previously raised by CPA such as the broad powers of the Online Safety Commission, vague terminology and the role of experts, among others. 

In light of these and other concerns, CPA urges the Government to review the process and substance of the OSA, take immediate steps to repeal the OSA and introduce a law that genuinely addresses the concerns of online safety. Further, CPA calls on the Government to have a transparent and inclusive law-making process that provides time for stakeholder consultations and review. The processes followed with the enactment of the Personal Data Protection Act No. 09 of 2022 and Right to Information Act No. 12 of 2016 are some examples where sufficient time was taken to ensure the law-making process was transparent and that it factored in diverse viewpoints. Such practices of good governance are fundamental for Sri Lanka at its present stage of recovery and reform.

Click Here to download the statement in Sinhala 

Click Here to download the statement in Tamil

Click Here to download the statement in English

CPA Comms Officer on 19 January, 2024

CPA Challenges the Anti-Terrorism Bill (SC/SD 04/2024)

The Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu, filed a Petition in the Supreme Court on the 18th of January 2024 challenging the Constitutionality of the Bill titled “Anti-Terrorism”. The Bill was published in the Gazette on the 15th of September 2023 but was only tabled in the Parliament [the first reading of the Bill] on the 10th of January 2024. CPA has extensively commented on this Bill, and its previous versions raising numerous concerns relating to this draconian piece of legislation. 

CPA has raised concerns over the vague definitions in the Bill which may be a tool for abuse. Further, the continued use of long executive detention and the further strengthening of the already powerful Executive, particularly by giving the President powers to make curfew orders, proscription orders and prohibition orders are seen as critical issues. 

CPA argues that the proposed Anti-Terrorism Bill must be looked at through the lens of the legacy of the Prevention of Terrorism Act (PTA), which has been a source of terror over the past decades. Considering the abuse that minorities, journalists, and dissenters have faced under the PTA, any new counter-terror law must contain sufficient checks and balances, to prevent similar abuses from taking place in the future. Further, to be genuine in its efforts, any counter-terror law must be designed with the aim of addressing the root causes of terrorism, rather than empowering authorities to suppress a segment of the population. 

CPA argues that the clauses of the Bill violate Articles 3, 4, 11, 12(1) and 13(2), 13(4), 13(5) and 14(1)(a) –(i) of the Constitution, and therefore cannot be enacted into law, except if approved by People at a Referendum in addition to a two-thirds vote of the whole number of the Members of Parliament in favour as required by Article 83(a) of the Constitution.

Download the document Click Here

CPA Comms Officer on 8 January, 2024

Statement on proposals to set up structures to address truth, unity and reconciliation in Sri Lanka

The Centre for Policy Alternatives (CPA) notes the publication of two bills in recent weeks, which could impact reconciliation and related issues in Sri Lanka. The first one titled Office for National Unity and Reconciliation Bill (the ONUR Bill) is presently before Parliament. The second is the publication of the bill for the Commission for Truth, Unity and Reconciliation in Sri Lanka (proposed commission) gazetted on the 1st of January 2024. At the outset CPA notes that nearly fifteen years after the end of the war, Sri Lanka faces numerous challenges that have perpetuated the root causes of the conflict and impunity in our country. CPA firmly believes that efforts towards reconciliation must address the demands of the victims and initiate reforms aimed at genuine reckoning with Sri Lanka’s history. Both bills fail to address these concerns, and with it missing an opportunity at reconciliation, accountability and reform that is fundamental if Sri Lanka is to have lasting peace and stability.  

A consideration of the ONUR Bill raises concerns on the role of the Office in “assisting and guiding” community level organisations in carrying out projects related to peace and reconciliation. This is a concern in a context when victims have little or no confidence that the government has a genuine interest in forming a cohesive national unity policy. The Bill should not be an excuse to legitimate and impose the Government’s narrative of reconciliation and should not be used as a tool to stamp out alternative narratives and undermine the voices of victims.

The second proposal, the proposed commission, also raises questions as to whether such a commission is required since successive governments of Sri Lanka have failed to implement the recommendations of past commissions. As such, with Sri Lanka’s history of commission fatigue and accountability deficit, this latest initiative holds little promise of addressing the demands of the victims. 

In addition, both these efforts are being introduced at a time when concerns of ethnonationalism and land grabs are on the rise. CPA has continuously monitored these issues and is concerned of exacerbating triggers for conflict that threaten co-existence and urge the government that priority at present should be at implementing confidence building measures than subjecting victims and affected communities to more structures that merely add to the long list of commissions, committees and other state entities that make ambitious promises but fail to address the root causes of the conflict.  

Furthermore, CPA has consistently noted that Sri Lanka faces a crisis of accountability. The lack of genuine efforts at accountability resulted in the United Nations Human Rights Council (UNHRC) adopting several resolutions that recommends concrete action to secure justice for victims of human rights violations and economic crimes and address impunity. The structures proposed by these two Bills fall well short of Sri Lanka’s obligations in terms of these UNHRC resolutions. The growing list of emblematic cases & numerous setback with accountability in Sri Lanka has strengthened calls for international accountability, further exposing the lack of real commitment towards justice in the country. 

CPA also notes that these bills are introduced when Sri Lanka is to be discussed at the UNHRC in 2024 and that these and other measures are likely to be used by the government to convince the international community of some progress with reconciliation. This is far from the truth when Sri Lanka is facing heightened ethnonationalism, continuing human rights violations and exacerbating inequalities, with the response by the state seeing a crackdown on dissent, arbitrary arrests and detentions that raises questions of legality and due process and increasing militarization. The introduction of the Online Safety Bill, the Anti-Terrorism Bill and other measures are some examples where Sri Lanka’s space for dissent is fast shrinking with fears of increasing authoritarian and militarized trends that erode the rule of law and threaten Sri Lanka’s fragile peace. In such a context, CPA urges the government to withdraw these bills and initiate a process at genuine confidence building measures and reform that addresses the multiple challenges confronting Sri Lanka. 

Further comments on the Truth, Unity and Reconciliation Bill are forthcoming. 

Read the full statement in English – Click Here

CPA Comms Officer on 11 December, 2023

Summary Findings and Overview of the Confidence in Democratic Governance Index – December 2023

This report presents the summary findings and overview of the Confidence in Democratic Governance Index (Wave 5) conducted by Social Indicator (SI), the survey research arm of the Centre for Policy Alternatives. This poll was designed to capture the public sentiments on the country’s current state of governance. Fieldwork for the study was conducted from 6th to 23rd of November 2023.

Please download the English report here.

Please download the Sinhala report here

Please download the Tamil report here

CPA Comms Officer on 16 November, 2023

Supreme Court Decision in SC FR 91/2023 – Challenging the Prevention of Terrorism 
(De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021

On the 21st of March 2021, the Government published in the Gazette regulations purportedly made under the Prevention of Terrorism Act, namely the Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021. Through these regulations, the Government attempted to set up a system of ‘rehabilitation’ for categories of persons holding ‘extremist’ ideologies, to which they could be referred even before they had been found guilty of an offense by a court of law. The scheme would deny parties of due process and had the potential for abuse and the restriction of personal liberties. The court’s finding is that PTA “(De-radicalization from holding violent extremist religious ideology) Regulations No.1 of 2021 are in violation of the fundamental rights of the Petitioners.

In April 2021, The Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu, challenged the validity of the regulations by way of a Fundamental Rights Application (SC FR 91/2021), along with two other similar Applications (SC FR 106/2021 and SC FR 107/2021), and this set of cases was heard by the Supreme Court. In January 2022, the Supreme Court granted the Petitioners leave to proceed in the case and, recognizing the serious potential for abuse under the guidelines, also issued interim relief which prevented the scheme from being put into force until the final hearing of the Application.

On the 13th of November 2023, the Supreme Court delivered its final judgment in the Application (https://www.cpalanka.org/centre-for-policy-alternatives-v-attorney-general-sc-fra-91-2021/), and found that the Regulations contained in the scheme violated Articles 10 (the Freedom of thought, conscience and religions), 12(1) (equal protection of the law) and 13 (Freedom from arbitrary arrest, detention and punishment etc.) of the Constitution. The court thus declared the scheme under the Regulations null and void. In a symbolic gesture, the State was also directed to pay each Petitioner Rs. 25,000/- as costs.

Important Findings in the Judgment

On the objection of the Attorney General that the Application should be dismissed as the Petitioners were not personally affected by the Regulations;

“The contours of fundamental rights jurisdiction have expanded over the years, and public interest litigation in response to violations and imminent violations of fundamental rights is no longer a new phenomenon in the global arena…. (page 8)

…

…every person shall be entitled to apply to the Supreme Court, as provided by Article 126, in respect of the infringement or imminent infringement by executive or administrative action, of a fundamental right to which such person is entitled under the provisions of Chapter 3 of the Constitution. (page 8)”

On the importance of the freedom of thought, guaranteed by Article 10 of the Constitution;

“The freedom of thought, as enshrined in our fundamental rights, stands out as a cornerstone of democracy. The freedom of thought ensures that a person’s mind remains beyond scrutiny. To infringe upon the freedom of thought is to undermine the very essence of a democratic society, for it is within the realm of individual thought that the roots of self-expression, personal liberty, human dignity and the flourishing of all other fundamental rights are nurtured. (page 11)

…

According to Article 10, the State cannot prevent a person from thinking or believing in some religious ideology on the basis that such thinking or belief is irrational or extreme. As I have already stated, Article 10 sets an absolute bar against such infringements. (page 11)”

On the danger of abuse of the vague term ‘extremist religious ideology;

“The definition of “extremist religious ideology” presents inherent difficulties as religious beliefs may vary widely among individuals, with one person’s religious ideology potentially appearing extreme to another. In the absence of clarity, there is a risk of arbitrary decisions being made where certain attitudes, behaviors, attire, etc. can also be deemed as signs of extremist religious ideologies. (page 11)

…

People cannot be prosecuted, nay persecuted, for merely “holding religious ideology” which the State thinks to be “violent and extremist”. (page 14)”

When can the state step in to address a threat of violence;

“All seem to be in agreement that when there is an imminent threat in pursuit of “violent extremist religious ideology”, the State can step in to prevent the harm for the greater benefit of all others. However, prevention of harm cannot be the pretext for arbitrary use of power to curb the rights of the People. (page 14)”

On the need for clarity in the law;

“If the stated objective of the Regulations is not clear, how can their impact and applicability be properly assessed or understood? The existence of such real uncertainties within legal provisions may give rise to subjective interpretation and arbitrary enforcement of the law, which may undermine the rule of law and legal predictability. This violates Article 12(1) of the Constitution which states “All persons are equal before the law and are entitled to the equal protection of the law.” (page 15)”

 

Download the full Statement in English

To Read the Supreme Court Judgement

CPA Comms Officer on 3 November, 2023

Sri Lankan Indigenous Community struggles in the face of the Microfinance Credit Crisis

The Centre for Policy Alternatives (CPA) is a non-partisan, independent organization primarily dedicated to strengthening institutions and building capacity for good governance and conflict transformation in Sri Lanka. The CPA is committed to conducting research and advocacy programs that critically evaluate public policies, identify alternative solutions, and promote an improved political culture and social environment.

The indigenous community, also known as the Vedda community, constitutes a group of citizens in Sri Lanka with a distinct identity and should be treated with dignity, enjoying full entitlement to all rights and privileges. Nevertheless, today, indigenous communities across the island face a multitude of challenges, with the micro-finance credit crisis emerging as a significant concern.

We do not oppose the provision of micro-finance loans and the institutions that offer them; in fact, we view it as a positive opportunity, especially for low-income communities. However, it is evident that citizens who have taken micro-finance loans are facing mounting issues related to informal loan disbursement, recovery, interest rates, and more, compounded by the unregulated nature of these practices, along with questionable and illegal conditions. The Indigenous community is particularly affected due to these situations.

The indigenous community is characterised by its unique linguistic identity. Although they communicate using the ‘Vedi language,’ their written language is Sinhala. Many are not literate in reading or writing in Sinhala. Similarly, Marine Indigenous groups living in Vaharai and Muttur use their own distinct Tamil dialect and are not well-versed in standard Tamil.

Considering these linguistic barriers, the agreements and contracts exchanged between these communities and relevant institutions during micro-finance loan transactions are often in languages they do not understand or comprehend. While a few organisations do issue documents in both Sinhala and Tamil, these indigenous communities still struggle to understand the contents. As a result, they sign these agreements without a full understanding of the content and consequently find themselves entrapped in the legal ramifications.

These communities are primarily located in the Uva, Eastern, and North Central provinces, residing in places like Dambana, Rathugala, Pollebedda, Dalukana, Dimbulagala, Vahari, and Muttur. They have lost their habitats in the forests and have integrated into mainstream society. They are now confronted with various economic, social, and cultural difficulties and complications.

Currently, the regional Vedda Leaders lead by vedda chief Uruwarige Wannila Aththo, have corresponded with the President, and the Governor of the Central Bank, highlighting the severe financial debt problem faced by their community. Their primary request is to provide relief from this debt crisis and to establish a more streamlined system for loan disbursement and collection.

We have attached relevant articles along with a video clip featuring Vedda Chief Uruwarige Wannila Aththo’s position on this issue. We kindly request your assistance in sharing this information through your media institution and promoting a social dialogue aimed at finding solutions to the microcredit crisis confronting the indigenous community in our country.

On behalf of the Indigenous Community

Centre for Policy Alternatives

Download the Press Release in English – Click Here
Download the Press Release in Sinhala – Click Here
Download the Press Release in Tamil – Click Here

 

CPA Comms Officer on 31 October, 2023

The Proposed Amendments to the Online Safety Bill

The Centre for Policy Alternatives (CPA) has previously raised concerns with the Online Safety Bill (OSB) and challenged certain clauses in the Supreme Court.1 On the 18th of October, during the hearing on the constitutionality of the OSB,2 the Attorney General’s Department of Sri Lanka produced to the Supreme Court a series of amendments that the Government proposed to move during the Committee Stage when the Bill was to be taken up in Parliament. These “Committee Stage Amendments” would make substantial alterations to the Bill that was gazetted. Several of the amendments also deviate from “the merits and principles” of the originally gazetted OSB and thus, are in contravention of Article 78(3) of the 1978 Constitution of Sri Lanka.3 Subsequently, such substantial change requires the Government of Sri Lanka to withdraw the currently proposed OSB and re-gazette the amended version.

Download the full document in English : Click Here

Download the full document in Sinhala : Click Here

Download the full document in Tamil: Click Here

CPA Comms Officer on 12 October, 2023

CPA Challenges the Online Safety Bill (SC/SD 89/2023)

The Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu, filed a Petition in the Supreme Court on the 11th of October 2023 challenging the Constitutionality of the Bill titled “Online Safety”. The Bill was Gazetted on the 15th of September 2023, and tabled in Parliament [the first reading of the Bill] on the 3rd of October 2023. CPA has previously commented on this Bill, and urged that the Government withdraws the Bill which is fundamentally flawed and riddled with potential for abuse. 

In its Petition CPA argues that the Bill as a whole violates several articles of the Constitution including entrenched provisions and would thus be required to approved by the people at a referendum in addition to being passed by two thirds of the Members’ of Parliament voting in favour of the Bill. CPA argues that the vague and over broad offences contained in the Bill and the  broad powers of the so called “Online Safety Commission” will have a chilling effect on the exercise of Fundamental Rights by the citizens of Sri Lanka. 

The Petition also challenges various individual aspects of the Online Safety Bill which violate Articles of the Constitution including but not limited to; 

Firstly, the several vague objectives of the Bill including the power of the Online Safety Commission to “protect” people against the damage caused by “alarming or distressing statements”. 

Secondly, the over broad and unconstitutional nature of the listed “prohibited statements” within the Online Safety Bill. 

Thirdly, the arbitrary and unreasonable powers granted to the Online Safety Commission, including the exercise of judicial power which is inconsistent with the Constitution. 

Fourthly, the arbitrary powers granted to the Minister to appoint private individuals as “experts”, who are then given extensive powers, which impact the liberties of citizens and with no accountability. 

CPA also challenges the Online Safety Commission’s ability to make rules and the Minister’s ability to make regulations on ‘Online Safety’ because the Clauses within the Online Safety Bill regarding these abilities lack precision and sufficient criteria.

As such CPA and its Executive Director argue that the Online Safety Bill is inconsistent with Articles 3, 4(c), 10, 12, 14(1)(a),(b),(c),(e),(f), and (g) and 14A(2) of the 1978 Constitution of Sri Lanka and thus cannot be enacted into law, unless it is approved by the People at a Referendum in addition to a two-thirds vote of the whole number of the Members of Parliament. 

To read the Full Statement in English – Click Here

 

 

CPA Comms Officer on 6 October, 2023

Commentary Comparing the Proposed Anti Terrorism Bill to the Prevention of Terrorism Act

Commentary updated with revisions as of 4 March 2024

The Government of Sri Lanka published the revised ‘Anti-Terrorism Bill’ (hereinafter the proposed ATA) in the Gazette, on the 15th of September 2023. This Bill seeks to abolish the Prevention of Terrorism Act (PTA) which for nearly four and a half decades has been one of the most vicious tools of suppression and persecution used by the State. There have been calls to abolish the PTA since its inception in 1979 but the draconian law has survived through several Governments.

The publication of the presently Gazetted version of the proposed ATA follows a former version of the ATA, which was published on the 22nd of March 2023, containing a few differences. The proposed ATA is also in substance fairly similar to a Bill published during the Yahapalana regime in 2018, the Counter- Terrorism Bill (CTA) which also sought to replace the PTA. In this commentary, there is some reference to the CTA and the previous version of the proposed ATA published in March to comment on changes seen in the present Bill. However, the primary aim of this commentary is to compare the latest version of the proposed ATA in relation to the PTA.

In initial comments issued on the 27th of March 2023, the Centre for Policy Alternatives (CPA) noted concerns regarding the initially proposed ATA though acknowledging that the Bill does address some of the key concerns that persisted with the PTA over its several decades in operation. With the recent version of the proposed ATA being published in September 2023, CPA continues to reiterate these concerns. To put these recurring concerns in context, it must be borne in mind that the Sri Lankan State has demonstrated a pattern of abusing counter-terror laws, emergency laws and regulation-making powers in the past. Thus, any new law must be formulated with additional safeguards to prevent abuse.

At the outset, CPA notes that the proposed ATA lacks sufficient checks, and if operational, would provide ample space for abuse. Further, over-broad definitions of offences leave room for these laws to be used for means beyond the purported purposes of the Act, targeting minorities, civil society, the media and any dissenters in general. Further, this law has also taken away some of the improvements that were sought to be made by way of the CTA in 2018, such as the shortening of the duration of detention orders.

Overall, it must be remembered that for law reform to be successful, there has to be the administrative will for the law to succeed, and to be used for the correct purpose. The timing of this new law, rushed through with little to no meaningful stakeholder consultation suggests that this law reform is not being brought in the interest of addressing a decades-long problem that has plagued the country, but as a matter of political expediency. While CPA would welcome any reform in a positive direction, this law does not signify much optimism with deep implications for human rights, governance and democracy.

 

 

 

 

 

 

To access the full document – click here

CPA Comms Officer on 4 October, 2023

Statement on the Proposed Online Safety Bill 

The Centre for Policy Alternatives (CPA) notes the publication of the Online Safety Bill (Bill) on the 15th of September 2023 and tabled in Parliament on 3rd of October 2023. CPA has shared its initial concerns on several clauses of the Bill in a series of infographics issued on 22nd September 2023, highlighting several concerns that can impede fundamental rights and erode Sri Lanka’s democracy. At the outset, CPA notes the need to have frameworks that provide for the safety of individuals and groups, particularly children and women who are increasingly vulnerable to threats online. Nonetheless, such measures must be done in adherence to the fundamental rights provided in the Constitution and international standards. It is unfortunate that the present Bill’s concern regarding online safety is in name only. The Bill represents the latest attempt by the Government to introduce laws that expand the powers of the executive arm of Government with limited safeguards and wide scope for abuse. 

CPA’s concerns around the Bill relate to both the contents and the law-making process. CPA notes that the proposed Bill consists of numerous problematic provisions which include: vague and broad terminology defining prohibited statements and what constitutes online safety; the appointment of an Online Safety Commission by the President with expansive powers including the power to make rules for service providers and internet intermediaries who provide internet-based communications services; conferral of powers to the Minister to make regulations in respect of all matters which are required by the Act; and severe restrictions placed on the freedom of expression on social media. CPA also notes that the Bill entrenches punitive measures and deliberately targets freedom of expression and dissent. 

Further, CPA is concerned with the timing of the Bill. The publication of the Online Safety Bill alongside the revised Anti-Terrorism Bill on the same day are not coincidental acts and the apparent rush to move with both bills is indicative of an undemocratic legislative program. This has been steered by the present Government in creating a legal regime that enables the repression of freedom of expression and the right to dissent in Sri Lanka. Moreover, CPA notes that the proposed laws restrict such fundamental freedoms by broadening the scope for restrictions provided under “National Security”. It also expands the powers of the office of the executive President, with alarming consequences for Sri Lanka’s human rights, governance and democracy. 

CPA notes that there have been multiple attempts in the past by successive governments to legislate laws to restrict freedom of expression and the right to dissent. For instance, in 2015, amendments proposed to the Penal Code and the Code of Criminal Procedure attempted to criminalise hate speech and the instigation of communal violence and disharmony. In 2021, the Cabinet approved the drafting of laws to “protect against the spreading of false and misleading statements through Internet.” It is also noteworthy that the Online Safety Bill is introduced in the context of the proposed Broadcasting Regulatory Authority Bill, which is yet to be gazetted by the Government. CPA has continuously pushed back against legislative attempts violating the fundamental rights of the people of Sri Lanka and is concerned with the process of legislating a bill of this nature. As such, CPA urges the Government to withdraw the Bill and commence a process to draft a law that is transparent and informed by different stakeholders with the intention of protecting fundamental rights and provide a robust and safe online space. 

Further comments on the Online Safety Bill are forthcoming.

To read the Full Statement in English – Click Here
To read the Full Statement in Tamil – Click Here
To read the Full Statement in Sinhala – Click Here

CPA Comms Officer on 19 September, 2023

Proposed Anti-Terrorism Act (ATA) – Preliminary Comments | September 2023

The Centre for Policy Alternatives (CPA) notes the publication of the revised Bill of the proposed Anti-Terrorism Act (ATA) gazetted on the 15th of September 2023. A previous version of the Bill was gazetted on the 22nd of March 2023. CPA issued a statement raising several concerns relating to that version of the Bill followed by a submission of key concerns in response to the notice issued on 2nd May 2023 by the Ministry of Justice calling for submission of proposals on the ATA.

CPA notes that several revisions have been made to the initial version of the proposed ATA, such as the removal of the death penalty as a form of punishment and changes to the provisions concerning Detention Orders (DO) with the revisions providing the power to the Secretary to the Ministry of Defence to issue a DO for an initial period of two months. However, the revised bill continues to include problematic provisions, such as the overbroad framing of the offence of terrorism, authorising prolonged detention without charge including with extended remand periods, excessive powers granted to the executive to the detriment of the judiciary and fundamental rights, and perpetuating militarization. In particular, CPA is concerned with the provisions relating to curfew orders, which are patently unconstitutional and which seek to further expand the power of the Executive President. Further, CPA notes that the proposed ATA is the latest attempt to expand the power of the Executive President, contrary to the demands of the people to abolish the office evidenced most recently with the Aragalaya in 2022. Despite the demands for greater political accountability and a change in governance, the proposed ATA entrenches powers with the executive including broad powers to proscribe organisations, issue restriction orders and regulations and stipulate prohibited places.

CPA reiterates its concerns regarding the problematic process of the government’s belated and rushed efforts to extensively amend the ATA, particularly the limited scope for inclusive consultation and transparency in drafting the ATA. In this regard CPA notes with concern that the Human Rights Commission of Sri Lanka (HRCSL), which has a statutory responsibility in such a process, had to write to the government in order to obtain a copy of the Bill. Genuine consultation requires inclusivity and transparency in consulting communities / individuals who have been directly impacted by the use of such laws as the Prevention of Terrorism Act (PTA), including long term detainees and their next of kin, in order to understand the impact of the PTA, the torture, and abuse it has facilitated. Despite the call for public submissions, the failure to correct some of the most problematic provisions of the ATA indicates to the process being a token effort than genuinely making the law-making process inclusive.

Moreover, the ATA is introduced in a context where anti-terror laws have been used and abused in Sri Lanka, which raises critical concerns as to how the proposed ATA may also be prone to such practices in a culture harbouring abuse and impunity. Such a culture coupled with limited transparency in the lawmaking process, offers little confidence to the people regarding the intentions of such proposed laws.

In view of the aforementioned concerns, CPA calls upon the government to withdraw the proposed ATA, and reiterates that any new process for drafting an anti-terror law should be transparent, accountable and be the product of a robust consultative process between all the relevant stakeholders and in adherence to international standards. In this regard, CPA expresses its continuing willingness to engage in a genuine transparent and consultative process.

A comprehensive report by the CPA on the proposed ATA will follow shortly.

To read the Full Statement in English – click HERE

To read the Full Statement in Tamil – click HERE

To read the Full Statement in Sinhala – click HERE

CPA Comms Officer on 15 September, 2023

Economic Reform Index Wave 2 Top-line Report

This report presents the topline findings of the ‘Economic Reform Index Wave 2’, survey conducted by Social Indicator (SI), the survey research arm of the Centre for Policy Alternatives. This island-wide survey examines public opinion on the current economy, and economic reforms discussed over the past few months. Fieldwork for the study was conducted from 21st to 29th August 2023.

Please download the English version of the report here. The Sinhala and Tamil versions of the executive summary will be published in due course.

Download the full report HERE

Read the Executive summary of the report in Sinhala HERE

Read the Executive summary of the report in Tamil HERE

CPA Comms Officer on 25 July, 2023

Forty Years after Black July

This week marks the fortieth anniversary of the single most cataclysmic event in our post –
independence history – the anti -Tamil pogrom of July 1983. It is very sad and regrettable
that there are few, if any, public commemorations of the event and that the security forces
and the Police were deployed in large and disproportionate numbers and that at least in one
instance, force was used to disperse those at these meetings.
July 1983 led to the full -blown armed phase of the civil war, which lasted almost three
decades. Thousands of Tamils were killed, displaced and forced to flee abroad. We salute
the courage of the Sinhalese who gave them refuge. The country lost millions in terms of
foreign investment and tourism. Whilst a military victory against the LTTE was won in May
2009, forty years after the initial carnage and thirteen years after this military victory, a
political settlement of the conflict is yet to happen. The proposed Truth and Reconciliation
Commission has been met with skepticism and downright rejection from the families of the
victims; the cruelty of disappearances persists; the Prevention of Terrorism Act is yet to be
repealed and replaced; the Anti-Terrorism Act has been put on the back burner in response
to domestic and international pressure; the Thirteenth Amendment has yet to be
implemented in full anywhere in the country; police powers to the provinces provided in the
amendment may never be granted. The issue of accountability in respect of allegations of
war crimes and crimes against humanity is yet to be addressed. In addition, there are the
issues of land in the possession of the security forces to be resolved, the issue of the
archeological heritage of the land and security forces engagement in the civilian economy.
The citizens of Sri Lanka, especially our Tamil citizens and those that make up the diaspora
are deeply scarred by the events of July 1983 and their consequences. Sri Lanka needs to
heal, to reconcile, to unite, not least to come together to meet the deep and grave
challenge of governance that has spawned the current economic crisis and the issues of the
legitimacy, transparency and accountability of and in our governance and government. The
curse of impunity has to be comprehensively expunged from our public affairs.
We cannot allow any of this to happen to us ever again. We have to seize the opportunity
of building our future based on the principle of Unity in Diversity. To do this we cannot
forget. The state has to publicly acknowledge its crimes and misdemeanoures, even if
through the generosity in our hearts, we can begin to forgive.

Dr Paikiasothy Saravanamuttu
Executive Director

 

To read this document in Tamil, Click Here

To read this document in Sinhala, Click Here

CPA Comms Officer on 1 June, 2023

Proposed Anti – Terrorism Act (ATA) – Key Concerns Centre for Policy Alternatives (CPA) May 2023

In response to the notice issued on 2nd May 2023 by the Ministry of Justice calling for submission of proposals on the Anti-Terrorism Act (ATA) by interested parties, the following document contains an initial comment reflecting key concerns that the Centre for Policy Alternatives (CPA) has observed, and has continuously raised in the past.

Based on the breadth of the problematic provisions highlighted below – including the overbroad framing of the offence of terrorism, detention without charge with extended remand periods, excessive powers granted to the executive to the detriment of the judiciary, and increased militarization – CPA urges the government to withdraw the ATA.

 

To read the Full Submission in English click HERE

To read the Full Submission in Tamil click HERE

To read the Full Submission in Sinhala click HERE

 

 

CPA Comms Officer on 21 April, 2023

Unpacking Sri Lanka’s 21st Amendment to the Constitution

The 21st Amendment to the Sri Lankan Constitution has recently been enacted in response to large-scale public protests that galvanized citizen involvement in politics. This amendment aims to restore and strengthen the balance of powers between the executive, legislature, and judiciary, which had been eroded by the previous government’s actions. The previous 20th Amendment had expanded the powers of the presidency, which led to widespread concerns over authoritarianism and a push for reform.
Has the 21st Amendment effectively restored balance of powers in Sri Lanka’s government?
CPA Comms Officer on 21 April, 2023

Economic Crimes

Economic crimes such as corruption, fraud, money laundering, and tax evasion have severe consequences for society, often perpetuating inequality and undermining human rights. In many countries, the problem of economic crime is exacerbated by the capture of state institutions, where powerful individuals and organizations use their influence to subvert the rule of law and advance their interests.

Economic justice is essential to building a fair and equitable economy. It entails ensuring transparency, accountability, and the rule of law in economic decision-making processes. Without these principles, it becomes difficult to prevent economic crimes, which can have far-reaching implications for both individuals and the wider community.

One of the trends in economic crimes is the use of disreputable political funding, where politicians accept donations from individuals or organizations with questionable motives. This can lead to political interference and the subversion of democracy, further perpetuating economic injustice.

Strengthening laws and enforcement is crucial to prevent economic crimes. Authorities must have the resources, capacity, and independence to investigate and prosecute cases of economic crime effectively. This requires building robust legal frameworks that can hold individuals and organizations accountable, regardless of their status or connections.

The 2022 global crisis has highlighted the need for greater transparency and accountability in economic decision-making. As countries seek to rebuild their economies, it is essential to promote economic justice and build a sustainable economy that benefits all. By working towards a fair economy based on transparency, accountability, and the rule of law, we can create a world where economic crimes are minimized, and human rights are respected.

 

 

CPA Comms Officer on 6 April, 2023

Elusive Justice and Emblematic Cases in Sri Lanka

The book examines the challenges faced by victims of past human rights abuses in Sri Lanka in their pursuit of justice. Despite facing numerous setbacks, including denials, intimidation, harassment, and surveillance, victims have persevered in their efforts to get answers about the fate of their loved ones. The State’s response to past violence has been characterized by denials and tactics aimed at delaying justice processes. Nevertheless, victim communities have engaged in decades-long agitation and mobilization efforts, resulting in the formation of initiatives such as the Mothers Front and protests for over 2000 days by families of the disappeared. Civil society organizations have also kept the issue of human rights and the need for justice alive through advocacy, documentation, and memorialization efforts. While a few cases have resulted in convictions, such as the Krishanthy Kumaraswamy and Embilipitiya cases, many others have faced setbacks at the investigations stage, with no immediate prospect of proceeding to trial. Overall, the book highlights the ongoing struggle for justice faced by victims of past human rights abuses in Sri Lanka.

CLICK HERE to download this book in English

 

 

 

CPA Comms Officer on 6 April, 2023

Salient Aspects of Public Interest Litigation Jurisprudence in Sri Lanka

This book explores the role of Public Interest Litigation (PIL) in strengthening civil society’s contribution to public policy-making in Sri Lanka. At its inception, PIL was identified as a key activity of the Centre for Policy Alternatives (CPA), founded on the belief that citizens should have the opportunity to petition the court and highlight substantive issues, regardless of the judgment or direction of the court. Through a range of essays covering areas from IDP and land rights to gender and public finance, this publication confirms the importance of PIL in a functioning constitutional democracy and encourages citizens to pursue this option for the protection and enhancement of their rights.

CLICK HERE to download the book in English

The book will be available in Sinhala and Tamil shortly.

CPA Comms Officer on 22 February, 2023

Survey on ‘Aragalaya’ – Topline Report

 

 

 

 

 

 

 

 

 

 

This report presents the topline findings of the ‘Survey on Aragalaya’ (popular uprising) conducted by Social Indicator (SI), the survey and research arm of the Centre for Policy Alternatives. Against the backdrop of the economic and political crisis Sri Lanka is facing, this island-wide survey was designed with the aim of capturing the public attitude towards Aragalaya, and their economic ideology. Field work for the study was conducted from 22nd September to 12th of October 2022. 

Please download the English version of the report here.

Please download the Executive Summary in Tamil here.

Please download the Executive Summary in Sinhala here.

 

CPA Comms Officer on 22 February, 2023

State response to the Right to Protest amidst the socio-economic and governance crisis February 2023

(Infographic)

The year 2022 was marked by a number of protests across Sri Lanka, fuelled largely by demands for accountability and solutions for the dire economic crisis, and against the crackdown on protests by the state. The sustained citizen-led protest movement, the ‘aragalaya’ (‘the struggle’), led to the resignation of both the former President and Prime Minister, brothers Gotabaya and Mahinda Rajapaksa.

Download and read the full document in English here:

Download and read the full document in Tamil HERE

 

 

 

CPA Comms Officer on 6 February, 2023

CPA statement regarding concerns with continued repression in Sri Lanka

6th February 2023, Colombo, Sri Lanka:

The Centre for Policy Alternatives (CPA) is deeply concerned by the excessive use of force, arbitrary actions and the blatant disregard for due process in arresting peaceful demonstrators on the eve and on the day of the 75th Anniversary of Independence of Sri Lanka, which was on the 4th of February 2023. Media reports evidenced the manner in which peaceful protesters engaged in a ‘satyagraha’, a form of peaceful protests,  were met with force and arrested, while they voiced legitimate concerns regarding the waste of public resources amidst the dire economic crisis in the country. Compounding this was the denial of access to their lawyers upon arrest.

Download the full statement in English here.

Download the full statement in Tamil here.

The statement will be made available in Tamil and Sinhalese shortly.

CPA Comms Officer on 1 February, 2023

Confidence in Democratic Governance Index (Wave 4) – Topline Report: Tamil

This report presents the topline findings of the fourth wave of the ‘Confidence in Democratic Governance Index’ survey conducted by Social Indicator, the survey research arm of the Centre for Policy Alternatives. This island-wide survey examines the public opinion on areas of local government elections which is a subject of debate at present, perception on the household economy, and public satisfaction towards the economic management of Wickremesinghe government.

Fieldwork for the study was conducted from 12th to 18th of January 2023.

Please download the Tamil version of the report here.

CPA Comms Officer on 1 February, 2023

Confidence in Democratic Governance Index (Wave 4) – Topline Report: Sinhala

This report presents the topline findings of the fourth wave of the ‘Confidence in Democratic Governance Index’ survey conducted by Social Indicator, the survey research arm of the Centre for Policy Alternatives. This island-wide survey examines the public opinion on areas of local government elections which is a subject of debate at present, perception on the household economy, and public satisfaction towards the economic management of Wickremesinghe government.

Fieldwork for the study was conducted from 12th to 18th of January 2023.

Please download the Sinhala version of the report here.

CPA Comms Officer on 30 January, 2023

Confidence in Democratic Governance Index (Wave 4) – Topline Report

This report presents the topline findings of the fourth wave of the ‘Confidence in Democratic Governance Index’ survey conducted by Social Indicator, the survey research arm of the Centre for Policy Alternatives. This island-wide survey examines the public opinion on areas of local government elections which is a subject of debate at present, perception on the household economy, and public satisfaction towards the economic management of Wickremesinghe government.

Fieldwork for the study was conducted from 12th to 18th of January 2023.

Please download the English version of the report here.

CPA Comms Officer on 5 December, 2022

Economic Reform Index – Executive Summary + Infographics (Tamil)

This report presents the findings of the ‘Economic Reform Index’ survey conducted by Social Indicator (SI); the survey research arm of the Centre for Policy Alternatives. This island-wide survey examines public opinion on the current economy, and economic reforms discussed over the past few months. Fieldwork for the study was conducted from 21 October to 31 October 2022.

Please download the executive summary in Tamil here.

 

 

 

 

 

 

 

CPA Comms Officer on 5 December, 2022

Economic Reform Index – Executive Summary + Infographics (Sinhala)

This report presents the findings of the ‘Economic Reform Index’ survey conducted by Social Indicator (SI); the survey research arm of the Centre for Policy Alternatives. This island-wide survey examines public opinion on the current economy, and economic reforms discussed over the past few months. Fieldwork for the study was conducted from 21 October to 31 October 2022.

Please download the executive summary in Sinhala here.

 

 

 

 

CPA Comms Officer on 30 November, 2022

Topline report of the Economic Reform Index

This report presents the topline findings of the ‘Economic Reform Index’ survey conducted by Social Indicator (SI), the survey research arm of the Centre for Policy Alternatives. This island-wide survey examines public opinion on the current economy, and economic reforms discussed over the past few months. Fieldwork for the study was conducted from 21 October to 31 October 2022.

Please download the English version of the report here. The Sinhala and Tamil versions of the report will be published in due course.

 

 

 

 

 

 

CPA Comms Officer on 14 November, 2022

Summary Findings and Overview of the Survey on Aragalaya (Tamil)

This report presents the summary findings and overview of the ‘Survey on Aragalaya’ (Protest) conducted by Social Indicator (SI), the survey research arm of the Centre for Policy Alternatives. In the backdrop of the economic and political crisis Sri Lanka is facing, this island-wide poll was designed with the aim of capturing the public attitude towards Aragalaya, and their economic ideology. Field work for the study was conducted from 22nd September to 12th of October.

Please download the Tamil version of the report here.

CPA Comms Officer on 14 November, 2022

Summary Findings and Overview of the Survey on Aragalaya (Sinhala)

This report presents the summary findings and overview of the ‘Survey on Aragalaya’ (Protest) conducted by Social Indicator (SI), the survey research arm of the Centre for Policy Alternatives. In the backdrop of the economic and political crisis Sri Lanka is facing, this island-wide poll was designed with the aim of capturing the public attitude towards Aragalaya, and their economic ideology. Field work for the study was conducted from 22nd September to 12th of October.

Please download the Sinhala version of the report here.

CPA Comms Officer on 8 November, 2022

Summary Findings and Overview of the Survey on Aragalaya

This report presents the summary findings and overview of the ‘Survey on Aragalaya’ (Protest) conducted by Social Indicator (SI): the survey and research arm of the Centre for Policy Alternatives. Against the backdrop of the economic and political crisis Sri Lanka is facing, this island-wide poll was designed with the aim of capturing the public attitude towards Aragalaya, and their economic ideology. Field work for the study was conducted from 22nd September to 12th of October.

Please download the English version of the report here. The Sinhala and Tamil versions of the report will be published in due course.

 

 

 

 

 

 

 

CPA Comms Officer on 30 September, 2022

TOPLINE REPORT OF THE CONFIDENCE IN DEMOCRATIC GOVERNANCE INDEX- WAVE 3

This survey report is the third wave of the Confidence in Democratic Governance Index, a scientific opinion poll that captures the public experience and opinion of the Aragalaya as well as various other aspects of the current economic and political crisis. As such, this study not only enhances ongoing political debate but also provides data-driven research to policymakers, academics, and various local and international stakeholders. This in turn supports a better understanding of the different dynamics prevalent among various social groups in society, which could help advocate for more sustainable policy interventions. The research study was conducted by Social Indicator (SI) the survey research arm of the Centre for Policy Alternatives.

 

Please download the Topline report in English here.

Please download the Executive Summary in Tamil here.

Please download the Executive Summary in Sinhala here.

CPA Comms Officer on 29 September, 2022

Centre for Policy Alternatives (Guarantee) Ltd., and Dr. Paikiasothy Saravanamuttu vs. The Attorney General (In Re the Bill titled Bureau of Rehabilitation Act)

29th September 2022. The Centre for Policy Alternatives (CPA) and its Executive Director filed an application in the Supreme Court challenging the constitutionality of the Bill titled “Bureau of Rehabilitation Act”, published in the Gazette on 9th September 2022 and placed on the order paper of the parliament on 23rd September 2022.

The long title of the said Bill describes it as “an act to provide for the establishment of a bureau to be called and known as the bureau of rehabilitation; to regulate its powers, duties and functions and to provide for matters connected therewith or incidental thereto”. While the Petitioners recognized the need to integrate a process of rehabilitation into the criminal justice system, they noted that the impugned regulations violate several of the Constitutionally guaranteed Fundamental Rights, of the Petitioners as well as of the general public. The Petitioners contended that the process of rehabilitation should be done lawfully, with due respect and concern for due process standards, while respecting constitutionally guaranteed rights and liberties.

The Petitioners maintained that certain provisions in the Bill are inconsistent with Articles 10, 11, 12 (1), 13 (1), 13(2), 13(3), 14 A, 14 (1) in the Fundamental Rights Chapter of the Constitution. In view of the inconsistencies with the provisions of the Fundamental Rights chapter noted above, the Petitioners stated that the Bill has a prejudicial impact on the sovereignty of the People, and cannot be enacted into law except with the approval of the People at a Referendum, in addition to a 2/3 majority of the whole number of Members of Parliament voting in its favour.

CPA Comms Officer on 25 September, 2022

CPA statement on High Security Zone Order No. 1 of 2022

25th September 2022, (Colombo) The Centre for Policy Alternatives (CPA) is gravely concerned by the Gazette published by President Ranil Wickremesinghe on the 23rd of September 2022, containing High Security Zone Order No. 1 of 2022. These orders/regulations designate several areas within the Colombo district as “high security zones” and impose a regime of strict regulation of activities within such areas and provide for penalties and harsher bail conditions.

Read the full statement in English here:

Read the full statement in Tamil here:

Read the full statement in Sinhala here:

 

CPA Comms Officer on 25 September, 2022

Q&A HIGH SECURITY ZONE ORDER NO 1 OF 2022

What is the Official Secrets Act?

The Official Secrets Act No. 32 of 1955 is an archaic law in our statute books, said to be based on a much criticized and now abolished 1911 Official Secrets Act in the United Kingdom. The purpose of the Act is to ‘restrict access to official secrets and secret documents and to prevent unauthorized disclosure thereof’. The provisions of the act are outdated and draconian and create leeway for the abuse of power, suppression of dissent and violation of fundamental rights.

There have been instances of previous governments threatening to use the Act to suppress information and intimidate journalists. While High Security Zones (HSZs) have previously been established in Sri Lanka under the Public Security Ordinance and the Prevention of Terrorism Act, the use of the Official Secrets Act to establish HSZs sets a worrying precedent and is outside the scope of the Act.

Download the full document in English here.

Download the document in Sinhala here:

Download the document in Tamil here:

CPA Comms Officer on 6 September, 2022

CPA statement regarding the IMF agreement with the Govt. of Sri Lanka

The Centre for Policy Alternatives (CPA) welcomes the announcement that the International Monetary Fund (IMF) has reached an agreement with the Government of Sri Lanka on an Extended Fund Facility Arrangement to support economic adjustment and reform policies equivalent to USD 2.9 billion over 48 months.  We understand that an international creditors conference, the implementation of certain measures domestically, and the agreement of the IMF’s Board of Directors are necessary before any money can be disbursed.

Read the full statement in English here.

Read the full statement in Sinhala here.

Read the full statement in Tamil here.

CPA Comms Officer on 24 August, 2022

Statement on the use of Detention Orders issued under the PTA by President Ranil Wickremesinghe

24th August 2022, Colombo:

The Centre for Policy Alternatives (CPA) is deeply concerned by steps taken by President Ranil Wickremesinghe, in his capacity as the Minister of Defense, to issue three detention orders under section 9 of the Prevention of Terrorism (Temporary Provisions) Act (PTA), permitting the detention of Wasantha Mudalige – Convener of Inter-University Students’ Federation, Hashantha Jeewantha Gunathilake and Ven. Galwewa Siridhamma Thera for a period of 90 days. This move to detain the three suspects for their alleged involvement in the recent protests is yet another example of the abuse of the PTA by the Executive, which there have been persistent calls for the repeal of for several decades. Moreover, this detention for the apparent involvement in the ‘Aragalaya’ appears to be yet another effort by the United National Party – Sri Lanka Podujana Party government to target protesters, and create a chilling effect in order to silence dissent.

Read the full statement in English here.

Read the full statement in Sinhala here.

Read the full statement in Tamil here.

CPA Comms Officer on 8 August, 2022

Summary Findings and Overview (Sinhala) of the CONFIDENCE IN DEMOCRATIC GOVERNANCE INDEX- WAVE 3

විකල්ප ප්‍රතිපත්ති කේන්ද්‍රයේ සමීක්ෂණ පර්යේෂණ අංශය වන සෝෂල් ඉන්ඩිකේටර් (SI) විසින් ප්‍රජාතන්ත්‍රවාදී ආණ්ඩුකරණය පිළිබඳ විශ්වාසනීයත්ව දර්ශකයෙහි (අදියර 3) වාර්තාවේ සාරාංශය ඉදිරිපත් කර ඇත. ශ්‍රී ලංකාව මුහුණ දී සිටින ආර්ථික හා දේශපාලන අර්බුදය හමුවේ, මෙම මත විමසුම සැලසුම් කර ඇත්තේ මහජන අත්දැකීම්, අරගලය පිළිබඳ ඔවුන්ගේ මතය සහ වර්තමාන ආර්ථික දේශපාලනික අර්බුධයේ විවිධ පැතිකඩ පිළිබඳ මහජන මතය ග්‍රහණය කර ගැනීමේ අරමුණින් ය.

කරුණාකර සිංහල වාර්තාවේ සාරාංශය මෙතනින් භාගත කරන්න.

CPA Comms Officer on 8 August, 2022

Summary Findings and Overview (Tamil) of the CONFIDENCE IN DEMOCRATIC GOVERNANCE INDEX- WAVE 3

இந்த அறிக்கையானது மாற்றுக் கொள்கைகளுக்கான நிலையத்தின் கணிப்பீட்டாய்வுப் பிரிவான சோஷல் இன்டிகேட்டரினால் சமீபத்தில் நடாத்தப்பட்ட ஜனநாயக ஆட்சி தொடர்பான நம்பிக்கைச் சுட்டி (3வது அலை) ஆய்வின் முடிவுகளை வெளியிடுகின்றது. இலங்கை தற்போது முகம்கொடுக்கும் அரசியல் மற்றும் பொருளாதார நெருக்கடி நிலைமையில் பொதுமக்களின் அனுபவங்களையும், ஆர்ப்பாட்டம் மற்றும் தற்போதைய அரசியல் பொருளாதார நெருக்கடி தொடர்பான பல்வேறுபட்ட அம்சங்கள் பற்றிய அபிப்பிராயங்களையும் அறிந்துகொள்ளும் நோக்கில் இந்த ஆய்வு வடிவமைக்கப்பட்டது.

Read the summary findings in Tamil here:

 

CPA Comms Officer on 8 August, 2022

Summary Findings and Overview (English) of the CONFIDENCE IN DEMOCRATIC GOVERNANCE INDEX- WAVE 3

This report presents the summary findings and overview of the Confidence in Democratic Governance Index (Wave 3) conducted by Social Indicator (SI); the survey research arm of the Centre for Policy Alternatives. Given the economic and political crisis, Sri Lanka is facing, this poll was designed with the aim of capturing the public experience, their opinion on the Aragalaya, and various aspects of the current economic and political crisis. Since the situation in Sri Lanka is volatile, this survey had to be conducted within a very short period of time, employing SI’s countrywide field network. Field work for the study was conducted from the 1st to the 5th of August.

Please download the English version of the report here.

CPA Comms Officer on 8 August, 2022

The Centre for Policy Alternatives and Dr. Paikiasothy Saravanamuttu vs. The Attorney General [SC FR 262/ 2022]

The Centre for Policy Alternatives (CPA) and its Executive Director Dr. Paikiasothy Saravanamuttu, filed a Petition in the Supreme Court challenging the Emergency (Miscellaneous Provisions and Powers) Regulations No.1 of 2022 gazetted by Extraordinary Gazette No 2289/07 dated 18th July 2022.

CPA had previously raised concerns about the declaration of State of Emergency and provided a commentary on Emergency (Miscellaneous Provisions and Powers) Regulations No.1 of 2022. A State of Emergency was declared in two previous instances this year, on 1st April 2022 and 6th May 2022. On both occasions, the former President did not cause the proclamations declaring the said States of Emergency to be placed before Parliament for its approval. Thus neither of such Proclamations was approved by Parliament. Accordingly, Dr. Saravanamuttu had previously challenged this mala fide declaration of the State of Emergency (of May 2022) and the unconstitutional and overbroad Emergency Regulations.

The Petitioners argue that the power of the Executive to make Emergency Regulations must be exercised reasonably and proportionately. Furthermore, it was submitted that in addition to the concerns raised about specific Emergency Regulations, as a whole the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 are overbroad and vague and undermine the fundamental rights guaranteed under the Constitution of Sri Lanka.

The Petitioners further stated that the regulations contained in Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 do not address the economic and political crisis faced by the country and have been designed and/or promulgated with the collateral purpose of stifling dissent and the freedom of assembly and not to address any legitimate public security concern.

___________________________________________________________________

UPDATE

On 23rd July 2025, the Supreme Court delivered a judgement which unanimously held that;
1) The Supreme Court has the jurisdiction to inquire into whether a proclamation declaring a State of Emergency would violate the rights of the citizens of Sri Lanka,
2) The Emergency Regulations promulgated in terms of the said proclamation in July 2022 were as a whole were overbroad.
In the majority judgement, the Court declared that the State of Emergency declared in July 2022 and the Emergency Regulations violated the Fundamental Rights of Citizens of Sri Lanka, there was a dissenting judgement on whether the declaration of that particular State of Emergency violated fundamental rights recognised under the constitution.
CPA Comms Officer on 3 August, 2022

Sri Lanka – Civil Society Statement on attacks and reprisals against peaceful protesters

2nd August 2022

We, the undersigned individuals and organizations strongly condemn the ongoing attacks including violence, false labeling and legal reprisals against unarmed peaceful protesters by the Sri Lankan government. We call for an immediate end to reprisals against those exercising their constitutionally protected rights to advocate for change.

Read the full statement here.

 

CPA Comms Officer on 1 August, 2022

Request for action on the attacks against peaceful protestors on 21st of July 2022 and other incidents of violence

The Centre for Policy Alternatives (CPA) has monitored recent incidents of violence including incidents that targeted peaceful protestors, media personnel and lawyers including the events of 21st/22nd July 2022 with grave concern. We issued a statement containing our initial concerns on 22nd July 2022. This letter raises several issues in relation to the inaction by the authorities and the need for action.

Read the full letter in English here. 

CPA Comms Officer on 27 July, 2022

Emergency Regulations promulgated in May and July 2022

On the 17th of July 2022, Acting President (as he then was) Ranil Wickremesinghe declared a State of Emergency with effect from the 18th of July 2022, by way of Gazette Extraordinary No.2288/30. Thereafter, on the 18th of July 2022, he brought into effect the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 2022 by way of Gazette Extraordinary No.2289/07. These regulations were virtually identical to the regulations by the same name that former President Gotabaya Rajapaksa brought into effect in May 2022, though
two minor differences made the incumbent President’s regulations more draconian in effect; Sections 408-426 of the Penal Code are added to the list of offences under regulation 12, and the period of detention of a suspect before production before a Magistrate under Regulation
17(2) has been extended to 72 hours, from 24 hours.

Read the full document in English here:

Read the full document in Sinhala here:

Read the full document in Tamil here:

 

CPA Comms Officer on 22 July, 2022

CPA STATEMENT IN RE TO ATTACK ON GGG 22ND JULY 2022

22nd July 2022, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) vehemently condemns the violent attack by the authorities on the protestors, lawyers and media personnel at the Galle Face green soon after midnight on the 21st July 2022. CPA notes that the attacks are all the more heinous as they came just hours after protestors had publicly expressed their desire to leave the premises of the Presidential Secretariat and to allow the new President time to prove himself. These senseless attacks by security forces have undermined peace & security and have further escalated tensions in Sri Lanka.

 

Read the full statement in English here:

CPA Comms Officer on 18 July, 2022

CPA Statement on the declaration of a State of Emergency on the 18th July 2022

18th July 2022, Colombo, Sri Lanka: The Centre of Policy Alternatives (CPA) expresses its grave concern about yet another declaration of a State of Emergency by way of Gazette Extraordinary No. 2288/30, dated 17th July 2022. This is the first such declaration by Acting President Ranil Wickremasinghe since assuming office on the 15th of July 2022, and the third such declaration in the country in the past four months. Former President Gotabaya Rajapaksa previously declared a state of emergency twice this year, and thrice in the course of his presidency.

Read the full statement in English here:

Read the full statement in Sinhala here:

Read the full statement in Tamil here:

CPA Comms Officer on 4 July, 2022

AG’s decisions to drop charges

In the period from 2019-2022, the Attorney General’s Department decided to drop charges in several high profile cases. No reasons were publicly given as to why charges were dropped. It is also in a context when the department seemingly had sufficient evidence to file indictments in the respective cases. These decisions to not proceed coupled with other factors that pose multiple challenges in obtaining justice highlights the grave threat to the Rule of Law and entrenched impunity in Sri Lanka.
The Centre for Policy Alternatives (CPA) has previously highlighted the need for both structural and operational reforms to ensure the effectiveness and independence of the Attorney General’s Department.
Read the document in English here.
CPA Comms Officer on 30 June, 2022

CPA Statement on the Government’s Twenty-Second Amendment to the Constitution Bill

30th June 2022: The Centre for Policy Alternatives (CPA) notes the publication of the Twenty-Second Amendment to the Constitution Bill (the Bill) [Part II of the Gazette of 24th June 2022, supplement issued on 29.06.2022]. The Bill, gazetted as the Twenty-Second Amendment if enacted will become the Twenty-First Amendment to the Constitution. The Bill is the government’s institutional reform response to the unprecedented mass protests and the loss of confidence both by the citizens of Sri Lanka and international partners in our system of governance.

Read the full statement in English here.

Read the full statement in Sinhala here.

Read the full statement in Tamil here.

CPA Comms Officer on 15 June, 2022

Centre for Policy Alternatives (Guarantee) Ltd., and Dr. Paikiasothy Saravanamuttu vs. Mr. Sagara Kariyawasam M.P General Secretary, Sri Lanka Podujana Peramuna [SC. FR. 203 / 2022]

15th June 2022. The Centre for Policy Alternatives (CPA) and its Executive Director filed a Fundamental Rights application challenging the appointment of Mr. Dhammika Perera to fill the vacancy created by the resignation of Mr. Basil Rajapaksa, as a Member of Parliament elected under Article 99A of the Constitution (the National List).

In accordance with Article 99A of the Constitution, CPA’s position is that a person is only entitled to be nominated to fill such a vacancy if their name was included in the district nomination papers or national list submitted by the relevant political party. Mr. Dhammika Perera’s name was not on the list submitted by the Sri Lanka Podujana Peramuna [SLPP] to the Election Commission under Article 99A of the Constitution or in any nomination paper submitted in respect of any electoral district by the SLPP for the General Election held in 2020.

The Petitions also highlight the appearance of very real bias and conflicts of interest caused by Mr. Perera’s appointment as a Member of Parliament and possibly a Cabinet Minister, due to his ownership in a multitude of different business ventures in a variety of sectors ranging from plantation, power generation, licenced commercial banks, finance companies and consumer goods. Article 91(1)(e) of the Constitution disqualifies a person with any such interest in any such contract made by or on behalf of the State or a public corporation from being a Member of Parliament.

Accordingly, CPA submits that Mr. Perera’s appointment is illegal, arbitrary, irrational, grossly unreasonable, contrary to law and will if unchecked cause grave and irremediable harm and prejudice to the People of Sri Lanka and the Rule of Law itself. CPA further maintains that this appointment constitutes an infringement and continuous infringement of the fundamental rights of the People of Sri Lanka guaranteed under Articles 10 [Freedom of thought, conscience and religion], 12(1) [Right to equal protection of the law], and 14(1)(a) [Freedom of speech and expression] of the Constitution.

 

 

 

CPA Comms Officer on 10 June, 2022

CPA STATEMENT ON CONSTITUTIONALITY OF APPOINTMENT OF MR. DHAMMIKA PERERA AS A MEMBER OF PARLIAMENT THROUGH THE SLPP NATIONAL LIST

10th June 2022: The Centre for Policy Alternatives (CPA) is concerned by several media reports that the Sri Lanka Podujana Peramuna (SLPP) has appointed Mr. Dhammika Perera to fill the National List seat which became vacant by the resignation of Mr. Basil Rajapaksa. CPA notes that according to media reports, Mr. Dhammika Perera was not a member of the SLPP until a few days ago and that in any event his name was not included in the list of persons qualified to be elected as Members of Parliament, in terms of Article 99A of the Constitution (the “National List”) or any of the district lists submitted by the SLPP for the Parliamentary Election held in August 2020.

Read the full statement in English here.

Read the full statement in Sinhala here.

Read the full statement in Tamil here.

CPA Comms Officer on 8 June, 2022

Dr. Paikiasothy Saravanamuttu vs. The Attorney General and 3 others (Challenging the Proclamation of the State of Emergency)

6th June 2022. The Executive Director of the Centre for Policy Alternatives (CPA), Dr. Paikiasothy Saravanamuttu, filed a Petition in the Supreme Court challenging the Proclamation of the State of Emergency by Gazette Extraordinary No. 2278/22 dated Friday, 6th May 2022 and the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022.

CPA had previously raised concerns about the declaration of state of emergency being a pretext to curtail the freedom of expression, assembly and other democratic rights.  The manner in which indiscriminate arrests have taken place and use of Emergency Regulations over the past several weeks reinforced CPAs concerns and compelled CPA to take action to attempt to prevent further harm.

In his Petition Dr. Saravanamuttu argued that as of 6th May 2022, there were no circumstances in the country which could reasonably support the decision of the President to declare a State of Emergency. He also emphasises that within a period of two months the President declared a State of Emergency twice and on both occasions did not cause the proclamations declaring the said States of Emergency to be placed before Parliament. Accordingly, it was submitted that the said State of Emergency was promulgated in bad faith and with the ulterior purpose of preventing peaceful protests by citizens calling for the President’s resignation.

Dr. Saravanamuttu also states that as a whole the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 constitute an abrogation of the fundamental rights guaranteed under the Constitution and that the said Emergency Regulations are overbroad and vague and do not constitute permissible restrictions of fundamental rights.

 

CPA Comms Officer on 30 May, 2022

WOMEN’S LEADERSHIP AS A ROUTE TO GREATER EMPOWERMENT REPORT ON THE DIAMOND LEADERSHIP MODEL

Diamond Leadership Study on Women Political Empowerment in Sri Lanka (2019/2020)


The Centre for Policy Alternatives together with the Sri Lanka Democratic Governance Assistance Project (SDGAP) of USAID conducted a study to analyze the progress of women’s advancement in Sri Lanka as well as factors supporting and barriers hindering it in Sri Lanka. The Diamond Leadership Model (DLM)  focuses on women’s empowerment at three levels (High, Mid and Low) and measures the effectiveness of women’s leadership in the legislative, executive, judicial and security sectors. This study frames key recommendations based on its findings which will help the government and civil society institutions working on women’s leadership and political empowerment, to design and implement their respective programs and policy initiatives more effectively.

This study consists of two components; one involves collecting available data of women holding leadership positions in four sectors to generate the Women’s Power Score (WPS). The 12 indicators of the DLM combined to generate the Women’s Power Score (WPS) of Sri Lanka. To account for women’s representation at different tiers of all four sectors of governance, weighted scores for each sector are calculated. Women’s share of positions in the High tier is weighted three times as much as women’s share of positions in the Low tier, and women’s share of positions in the Mid-tier are weighted twice as much. The total score is divided by 6 to find the country-level WPS.

The quantitative part of the study comprises of finding the above-explained WPS which included a primary quantitative data collection mainly via desk research. Desk research covered relevant data published in official websites, authenticated previous studies and reports, national libraries including parliament library, national newspapers, and public documents available in respective government institutions. With the data received, the women’s power score was measured, and an analysis carried out in comparison with other countries in which this study has been applied.

The qualitative research included a series of face-to-face interviews with 48 key individuals in which their ideas on women’s political empowerment in the country were brought into perspective. The findings were gathered through structured questionnaires for each sector, then analyzed to explore the non-numerical factors that underlie women’s advancements among other prospects.

The project offered an advanced understanding of the nature and extent of women’s leadership and political empowerment and examined the actual share of women’s representation using 12 indicators that cover three tiers; high, mid, and low positions in four government sectors; the executive, legislature, judiciary and security. It helped identify major trends and challenges about women’s leadership in Sri Lanka based on the DLM.

 

Download the report in English here.

CPA Comms Officer on 26 May, 2022

CPA Letter to the IGP and AG requesting action on the violence against peaceful protesters on the 9th May 2022

CPA has deemed it necessary to deliver a letter to both the IGP and AG requesting action be taken in regard to the violence against the peaceful protestors at ‘GotaGoGama’ and ‘MynaGoGama’ by persons and groups affiliated with Mahinda Rajapakse. CPA notes that speeches that were tantamount to inciting violence were made by the former PM, former Ministers, and MPs to the gathered at Temple Trees before they were unleashed upon the peaceful protestors.

Read the full letter here.

 

CPA Comms Officer on 23 May, 2022

Confidence in Democratic Governance Index (Wave 2): Report

This survey report is the second wave of the Confidence in Democratic Governance Index, a scientific opinion poll that assessed public experiences as a result of the crisis, the causes for it, as well as the solutions to it from the lenses of the Sri Lankan public. As such, this study not only enhances ongoing political debate, but also provides data-driven research to policy makers, academics and various local and international stakeholders. This in turn supports a better understanding of the different dynamics prevalent among various social groups in society, which could help advocate for more sustainable policy interventions. The research study was conducted by Social Indicator (SI) the survey research arm of the Centre for Policy Alternatives.

Read the full report in English here.

Read the executive summary of the report in Sinhala here.

Read the executive summary of the report in Tamil here.

 

CPA Comms Officer on 15 May, 2022

CPA Statement in Regard to the Appointment of Ranil Wickremasinghe as the PM

Notwithstanding the serious criticisms of the Prime Minister pertaining to political credibility, the Centre for Policy Alternatives (CPA) hopes that he will be able to stem the country’s descent into the direst economic circumstances, the Governor of the Central Bank recently warned of, attract the crucial bridging funds we so badly require and negotiate an agreement with the IMF.

Read the full statement in English here.

Read the full statement in Sinhala here.

Read the full statement in Tamil here.

CPA Comms Officer on 10 May, 2022

Basic Communications Technology for Citizen Activists

The “Basic Communications Technology for Citizen Activists” is a tri Lingual publication of the CPA in 2016, using simple language to introduce grassroots citizen activists to the most popular e-communications and new media platforms including G- Mail, YouTube, and Facebook among others.
In the modern era of impact-making social media activism, this simplified manual aims to educate emerging citizen activists on using the internet and social media to effectively and efficiently organize their communications and networking strategies.
The manual helps readers understand the basics of electronic communication and modern communication technologies and introduces readers to Gmail, Facebook, Whatsapp, and Viber and an online Unicode converter called Real-Time, which will help activists break language barriers in their online communications. Staying safe in cyberspace is given priority at every step of this
basic guide.
The manual also introduces readers to interacting with www.citizenslanka.org; innovative trilingual information and networking website available to citizen activists in Sri Lanka.

Read in English here.

Read in Sinhala here.

Read in Tamil here.

CPA Comms Officer on 7 May, 2022

Dr. Asanga Welikala on Advocata Conversations: FULL DISCUSSION | Ep.02 | Murtaza Jafferjee

CPA Research Fellow Asanga Welikala’s Advocata Conversation with Murtaza Jafferjee on the Sri Lankan Constitution. Issues discussed in this wide-ranging interview include the need for constitutional reform in addressing the current economic crisis, why the abolition of executive presidentialism is imperative for democratisation and the avoidance of future crises, and the design features of the Opposition’s Twenty First Amendment Bill.

Dr Asanga Welikala is a Research Fellow of the Centre for Policy Alternatives (CPA). He has been associated in various capacities with CPA for over 22 years. Asanga is a Senior Lecturer and the Head of Public Law, and the Director of the Edinburgh Centre for Constitutional Law, at the School of Law, University of Edinburgh.

CPA Comms Officer on 7 May, 2022

CPA statement in regard to State of Emergency imposed by the President on the 6th of May 2022

7th May 2022, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply concerned by the President’s decision to declare a State of Emergency under section 2 of the Public Security Ordinance (PSO) with effect on the 6th of May 2022 as per Gazette Extraordinary No. 2278/22. This is the second time the President has declared a State of Emergency in the span of five weeks, with no credible justification provided, in a context when Sri Lanka has witnessed weeks-long peaceful protests across the island. Despite the peaceful citizen mobilisation, CPA is alarmed by the violent and intimidatory tactics used by authorities, with the declaration of state of emergency being the latest move to crush dissent and other democratic rights.

Read the statement in English here.

CPA Comms Officer on 6 May, 2022

‘If Rajapaksas Don’t Go, There Could Be Violence in Lanka; Country Is Bankrupt; Poverty Over 50%’ (Video)

In a 30-minute interview with Karan Thapar for The Wire, Dr Saravanamuttu first speaks about the protests and the way they have united Sri Lanka’s buddhists, Hindus, Muslims and Christians. Although they are not as widespread in the north and east of the island, where the Tamils live, there are protests there as well. Dr Saravanamuttu explains why the intensity in the north and east is less.

CPA Comms Officer on 29 April, 2022

Confidence in Democratic Governance Index (2nd wave): Summary Findings and Overview

This report presents the latest findings of the Confidence in Democratic Governance Index (Wave 2)
conducted by Social Indicator (SI), the survey research arm of the Centre for Policy Alternatives. This
scientific opinion poll aims to capture a snapshot of public experiences under the current crisis situation.
Further, the poll also examines the causes for the crisis as well as the solutions to the crisis from the
lenses of the Sri Lankan public. Given the fragile political condition, this survey was conducted within a
very short period of time employing SI’s countrywide field network.

Read the summary and overview here.

Download Infographic here.

Download Infographic here. 

Download Infographic here.

Download Infographic here.

Download Infographic here.

Download Infographic here.

CPA Comms Officer on 26 April, 2022

Right to Information: Issues and Challenges of Policy and Implementation

December 2021, CPA released its publication titled Right to Information: Issues and Challenges of Policy and
Implementation which is an analysis of the recent use of the RTI Act by journalists. The publication
includes hitherto unpublished case studies of RTI being used as an effective tool to raise concerns on a
range of policy positions, and their implementation and highlights the paradox between policies in
theory and experiences in practice. Journalists have presented their personal opinions and views based
on their analysis of various social issues, some relating to a particular area or community.
The report also contains an summarized analysis of the public calls to CPA’s RTI 113-030-463 hotline
during 2021.
A long-standing struggle and sustained advocacy of various human rights actors has led to the landmark
decision to introduce the Right to Information (RTI) as an integral part of the Fundamental Rights
chapter of the Nineteenth Amendment to the Constitution. This publication, supported by FNF, follows
from more than a decade of advocacy by CPA to promote the Right to Information in Sri Lanka and then
to support the effective use of this right by journalists and activists, in the public interest.
For more information on CPAs RTI Hotline pls click https://www.cpalanka.org/rti-help-desk-at-cpa-
information-and-posters/
CPAs other publications on RTI include
 Information about the Right to Information (Sinhala and Tamil language)
 The Right to Information and Media Practice https://www.cpalanka.org/cpa-outreach-
unit-publication-and-research-study-on-rti/ (E/S/T)
 Responsiveness of Public Authorities to Right to Information Applications submitted via
Email https://www.cpalanka.org/cpa-outreach-unit-publication-and-research-study-on-rti/
(E/S/T)

The titled Right to Information: Issues and Challenges of Policy and Implementation can be downloaded in English here.

Can be downloaded in Sinhala here.

Can be downloaded in Tamil here.

CPA Comms Officer on 20 April, 2022

CPA Statement in Regard to Police Shooting and Killing Protesters in Rambukkana

20th April 2022: (CPA) is deeply concerned by the violence witnessed on 19th April 2022 in Rambukkana, which has resulted in the death of one person and reports of dozens more injured, after law enforcement officers opened fire on protestors agitating on the recent increase on fuel prices.

Read CPA official statement in regard to the incident in English here.

Read in Sinhala here.

Read in Tamil here.

 

 

CPA Comms Officer on 19 April, 2022

Impeachment and No Confidence Motion Procedure and Protocol Explained

19th April 2022, Colombo: In lieu of the political and economic crisis that has the country in a stranglehold and the island wide protests calling for the ousting of the Rajapaksa’s and their govt. The SJB has stated that they would present an NCM motion against the govt. and an impeachment motion against President Gotabhaya Rajapaksa to the Speaker when Parliament reconvenes today (19) after the New Year holidays.

Considering current events CPA has deemed it vital to prepare this Q&A in order provide clarity and explain the constitutionality, protocol and procedure of an Impeachment and NCM motion.

Download the Q&A in English here.

Download the Q&A in Tamil here.

Download the Q&A in Sinhala here.

CPA Comms Officer on 11 April, 2022

Human Rights and Democracy in Sri Lanka (Book)

CPA launches Report on Threats to Journalists, HR Defenders and Civil Society 2022,

CPA and FMM jointly held an event April 7 2022 to launch the Report on the Analysis of HRD Cases and Articles, resulting from the recent project on Promoting Human Rights and Democratic Values in Sri Lanka. The Report, titled Human Rights and Democracy, Threats to Journalists, HR Defenders and Civil Society 2022, was issued in all three languages and is available at the CPA and FMM websites.

Speakers at the event held 7th April in Janaki Hotel, Colombo, included Attorney-at-Law and Senior Researcher, Thusitha Siriwardena who presented the report, Guest Former Speaker, Karu Jayasuriya,  Attorney-at-Law Lakshika Ratnayake, Media Expert, Wijayananda Jayaweera,  the CPA Executive Director, Dr. Paikiasothy Saravanamuttu, Senior Lecturer in Sociology, Dr. M T M Mahees and there was a Special Presentation by a Commissioner of the Human Rights Commission, Dr. M.H. Nimal Karunasiri. A short documentary was also screened of the project findings and the current Sri Lankan context.

The objective of the six month project was to reinforce the freedom of media, promote access to information and freedom of expression by strengthening journalist practices while developing a sustainable shared platform for civil society, media, regional/ Colombo-based organisations and human rights defenders

Project participants will actively work together to strengthen and leverage their capacities towards creating alternative spaces for protection and inclusive political participation, and pushing for reversal of human rights violations and threats to fundamental freedoms.

Project activities

The project was completed in the period 1 Oct 2021 to 31 March 2022. Expert mentors were selected to lead the programme and the Online Technical Tool Kit was drafted with the aim of ensuring Digital and Physical Safety for the participants comprising provincial and national level 250+ journalists/civil rights activists/CSOs/ human rights defenders. Workshops were held through Zoom and  in the project areas to train  on ‘Digital and Physical Safety’ for provincial and national level 250+ journalists/civil rights activists/CSOs/ human rights defenders. Training included a component on the use of RTI Act for investigative journalist practices, and planning on how to achieve project objectives. The project outputs included knowledge/communication products such as handbills, booklets, toolkits, and multimedia (audio and video) products on recent examples of media freedom violations/ threats to HR defenders.

New networks were created and existing ones strengthened so that there is increased  coordination and more solidarity between journalists/media, local minority community leaders/CSOs/human rights defenders provincially and island-wide. The use of RTI-elicited information in news productions and training to enhance news literacy was promoted.

Provincial and island-wide issues of shrinking human rights freedoms have been identified via 10 affiliated organisations and stakeholders defenders provincially and island-wide  and  more than a dozen articles were drafted on significant cases by journalists, including their  recommendations. A secure database was set up for collection of cases and incidents, and a new App was launched for quick access to this programme. The innovative Whistle Blower App allows users to report anonymously and automatically erases their electronic connections to the stories for their security.

The final Report was published, analysing more than two dozen major incidents and cases of threats to journalists during the project period and giving policy recommendations to address the issues. The project was supported by the British High Commission through its Magna Carta Fund, a strategic programme fund dedicated to tackling the root causes of human rights violations worldwide.

The Research analysis Report, titled Human Rights and Democracy, Threats to Journalists, HR Defenders and Civil Society 2022 is available for download below in English here.

Download book in Tamil here.

Download book in Sinhala here.

CPA Comms Officer on 5 April, 2022

Official CPA statement in regard to the current state of crisis & public outcry for change in leadership

5th April 2022: As thousands of civilians flock to the streets across the Island in protest of the Rajapaksha regime’s mishandling and mismanagement of Sri Lanka’s economy and Government, CPA deems it of vital importance to clearly state its official standpoint in regard to the state of crisis in Sri Lanka and the public outcry for the current regime to be ousted. The document further outlines the necessity for the abolishing of the Executive Presidency and the need to protect the fundamental rights of every citizen at any cost.

Read the statement in English here.

Read the statement in Sinhala here.

CPA Comms Officer on 4 April, 2022

Rights of those arrested by Law enforcement [the Police or the Military]

“The Centre for Policy Alternatives (CPA) is gravely disturbed by news reports of the Police not providing information on citizens who have been arrested/ detained. In order to ensure all citizens are aware of their legal rights, CPA has prepared this short question and answer document. The document explains the rights of those arrested/ detained and of their family members, to obtain information and access to legal representation.”

Read document in English here.

Read document in Sinhala here.

Read document in Tamil here.

CPA Comms Officer on 2 May, 2026

Suriya Wickremasinghe

The Centre for Policy Alternatives (CPA) deeply mourns the passing away of Suriya Wickremasinghe, an icon of the local and international human rights world and an inspiration to CPA in its work.

The daughter of S.A. Wickremasinghe, the leader of the Communist Party and Doreen Wickremasinghe a Member of Parliament and the first president of the Suriya Mal Movement, Suriya was a founder member of the Bar Association, Secretary of the Civil Rights Movement (CRM) and a former chair of the International Executive Committee of Amnesty International.  As the Secretary of the CRM, she was an indefatigable defender of fundamental rights, of political prisoners and a key campaigner against capital punishment. She worked with CPA and a number of independent media organizations to author the  Colombo Declaration on Media Freedom and Social Responsibility.

Suriya was rigorous in her analysis and passionate in her beliefs.  Quite often she was as incisive in her remarks as she was mischievous in her asides, punctilious in the use of language, particularly of grammar. She would regale us, in that inimitable fashion, of the coincidence of her birthday with that of Josef Stalin and go to great lengths, after great thought, to find the right birthday present on style and grammar.

Suriya believed deeply and fought resolutely for the defence and strengthening of the institutions of liberal democracy, the rule of law and the independence of the judiciary without fear or favour.

Rest in peace, Suriya.  Your contribution and legacy for a more decent society is unmatched and will always both warn and inspire generations to come of the challenges ahead to a vibrant and robust democracy.