Centre for Policy Alternatives on 21 March, 2010

Parliamentary Election 2010: Media Communique 1

19 March 2010, Colombo, Sri
Lanka: CMEV is deeply concerned by the misuse of state
resources for campaigning purposes and the increased use of firearms.

Violence Profile

As of 18th March 2010, CMEV has confirmed 115 incidents of
election related violence including 75(65%) Major Incidents since the
closure of nomination on 26th February. Out of the confirmed
75 major incidents 25(33%) are instances of the misuse of public
property for electioneering. Incidents involving the use of fire arms
have risen to 18 which constitute 25% of the Major Incidents.

The 75 confirmed Major Incidents included 06 incidents of Hurt, 03
instances of Grievous Hurt, 22 Assaults resulting in injuries, 14
instances of Threat & Intimidation, 25 instances of the Misuse of
State Resources and 05 incidents of Arson.

Misuse of State Resources: CMEV has recorded 06 such
incidents from the Kurunalgala District; in three instances the
incumbent Minister of Nation Building and UPFA candidate Salinda
Dissanyake(candidate no 17) and his supporters have been accused of
misusing three double cabs(252-6010,WP HI 2766 and WP PB 2271)and a CDMA
phone(0114945974) belonging to the respective ministry.

CMEV’s repeated attempts to contact Salinda Dissanayake were not
successful.

A building constructed for the welfare of the Army soldiers in
Galgamuwa is being used as a party office of UPFA candidate, Taranath
Basnayake(candidate no 15)

CMEV contacted the Divisional Secretariat of Galgamuwa.  An officer,
who did not want to reveal his name, confirmed the incident and told
CMEV that the building is now being administered by the Galgamuwa
Village Development Society.

A building belonging to the Zonal Education Office of Nuwaraeliya is
being used in the campaign of incumbent Minister of Livestock
Development and UPFA candidate C.B.Ratnayake(candidate no 02).

CMEV contacted the Zonal Education Office of Nuwareliya on 18th March.  An officer there told CMEV on the condition of anonymity, that a
ministry sub office of Minister of Livestock Development, C.B.Ratnayake
has been run in the old building of the department.

When CMEV contacted C.B.Ratnayake, he denied the allegation.

CMEV received reports regarding the misuse of a cab (WP JL 5264)
belonging to a road construction project implemented by the Sabragamuwa
Provincial Council. It has been used for the campaigning activities of
UPFA candidate Kanaka Herath(candidate no 04).

CMEV contacted the office of the Chief Secretary of the Sabaragamuwa
Provincial Council. An officer of the Council told CMEV that the vehicle
was given to the project office by the Japan Bank for International
Cooperation (JBIC), that they have no information regarding the vehicle
and that he was not aware of the incident.

CMEV contacted Kanaka Hereth on 18th March who
categorically denied the allegation.

According to CMEV monitor a Mitsubishi Cab (52-2425) belonging to the
Mahaweli Authority has been used to transport a cutout of incumbent
minister of Agricultural Development and Agrarian Services,Maithiripala
Sirisena(candidate no 07), from Sevanapitiya to Welikanda on 18th March 2010.

Resident Project Manager of Mahaweli Authority, Polonnaruwa who did
not mention his name admitted that the vehicle belongs to the authority
and stated that he is not aware about the incident.

Increased intra -party violence: Another alarming
trend in the lead up to the election is the struggle for preferential
votes which leads to intra party clashes. Of the 91 complaints against
the UPFA 23(25%) complaints have been made by party supporters. Five
(05) instances of intra-party violence have been reported from the
Southern Province. In Sabaragamuwa, firearms have been used in 05 out of
12 Major Incidents. CMEV has recorded 03 such incidents from the
Eastern Province and 02 incidents each from the North Central and
Western Provinces. CMEV also received reports of 01 incident each from
the North Western and Central Provinces.

CMEV highlights below a recent incident of involving the use of
firearms in the Kurunagala District.

On 17th March at around 10.30 pm, supporters of UPFA
candidate R.D.Wimaladasa(candidate no 06) who arrived in a white Canter
assaulted a group of supporters of UNP candidate Nilwala
Wijesinghe(candidate no 11) when they were having dinner after a meeting
held at Nilwala’s residence located in Ridigama. Five (05) UNP
supporters sustained injuries due to the attack and were admitted to the
Kurunegala General Hospital.

CMEV Field Monitor visited the hospital on 18th March and
recorded statements from the victims. According Anuara Munasinghe, a UNP
supporter, the perpetrators assaulted them with wooden batons and when
the other UNP supporters attempted to stop the attack, the perpetrators
had fired in the air. Reportedly a bystander also sustained minor
injuries to his head due to the panic caused by gunshots.

According to CMEV Field Monitor, Ridhigama Police confirms the
incident and is carrying out further investigation in this regard.

CMEV calls upon the leaders of all political parties, especially the
ruling alliance against which the majority of allegations of election
related violence have been made, to take immediate and effective steps
to halt the violence perpetrated by their candidates and supporters
which is a clear threat to the integrity of the electoral process and
democracy in Sri Lanka.

CMEV’s experience with multiple elections is that violence
perpetrated during the campaign impacts adversely on polling by setting a
context for an ostensibly violence free election day in favour of those
who have perpetrated violence with impunity during the campaign. It is
therefore of the utmost importance for the integrity of the electoral
process that violence perpetrated during the campaign period is deterred
and the perpetrators of violence brought to account.

In this context, we reiterate the argument consistently advanced by
CMEV regarding the urgency and pivotal importance of the full
implementation of the Seventeenth Amendment.  CMEV believes that the
establishment of independent commissions for the Police, Public Service
and Elections provided for by the Amendment, is absolutely necessary for
protecting the integrity of the electoral process.

CMEV has commenced the monitoring of the Parliamentary Election and
fielded 180 Monitors. CMEV will be deploying 4,500 Stationary Observers
in polling stations and 50 Mobile Teams on Election Day.

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Download as a PDF in Sinhala and Tamil.

Centre for Policy Alternatives on 9 March, 2010

CPA Statement on Lanka News Web story entitled ‘State intelligence units list journalists supportive of opposition and NGOs Saravanamuttu and Weliamuna top in the list!’

CPA Statement on Lanka News Web story entitled, “State intelligence units list journalists supportive of opposition and NGOs Saravanamuttu and Weliamuna top in the list! [sic].”

4th March 2010, Colombo, Sri Lanka: The Executive Director of CPA Dr. Paikiasothy Saravanamuttu and the Executive Director of Transparency International, Sri Lanka (TISL), J.C. Weliamuna have jointly written to His Excellency President Mahinda Rajapaksa expressing their grave concern over the contents of the above Lanka News Web report of 3rd March 2010 at http://www.lankanewsweb.com/news/EN_2010_03_02_012.html.

According to the report, state intelligence services have placed CPA Executive Director, Dr. Paikiasothy Saravanamuttu “at the top of” this purported list together with Mr. J.C. Weliamuna, Attorney-at-Law and Executive Director of Transparency International, Sri Lanka (TISL). Other members of CPA staff engaged in its programmes on human rights, public interest litigation and citizen journalism initiatives have been mentioned in the report as well. The report further states that persons selected for inclusion in this alleged list, the purpose of which is not clear, have been categorised “according [to] the work they do and a brief description of each individual” on the basis of an unspecified system of points.

CPA cannot independently ascertain the veracity of this report. However, in view of the fact that many of the persons identified in the report have previously been targeted by way of physical violence, death threats and misinformation campaigns, it is impossible not to register our utmost concern, in the broader context of the crisis that Sri Lanka presently faces in respect of democratic freedoms, law and order, and the rule of law.

If the Lanka News Web report is true to the effect that state intelligence agencies have been compiling a list or lists of individuals on the basis of perceived or alleged political allegiances, it is cause for serious concern in a number of ways. Firstly, in the context of the dangers faced by critics of the government including journalists, civil society activists and human rights defenders, there are reasonable grounds for fear about the physical liberty and safety of the individuals concerned. There has been no justice or punishment served by recourse to the criminal justice system in the numerous cases of killings, enforced disappearances and abductions and the entrenched culture of impunity, arbitrariness and the ineffectiveness of law enforcement have only encouraged further abuses.

Secondly, while the legal basis for collecting information on individuals without their consent is unclear, it is an invasion of the privacy of the concerned individuals protected by human rights standards established by international law, and specific conventions such as the International Covenant on Civil and Political Rights (ICCPR) binding on the Sri Lankan state, including its intelligence and security apparatus.

Thirdly, the rationale for the compilation of this list, as the title of the report suggests, is that the selected individuals are perceived by the state intelligence agencies to be “supportive of the opposition”, that is an illegitimate and unconstitutional purpose. There is a fundamental misconception that opposition to specific actions and policies by the Government is equal to support for the opposition. It is not only a fundamental democratic principle but also part of the fundamental rights declared and protected by the Constitution that Sri Lankans are entitled to the freedoms of thought, conscience, opinion, expression, association and occupation. Furthermore the conflation of the interests of the government (i.e., the political party for the time being in power) with that of the state (i.e., the people of Sri Lanka) has proved highly problematic. In the absence of illegal or criminal behaviour, the political opinions of individuals are not a national security concern, and therefore entirely outside the remit of state intelligence agencies.

Finally, we would vigorously reiterate that the CPA was formed on, and continues to function, within the framework of a consistent set of liberal democratic values which we believe to be the bedrock of a democratic, open and decent society, and to which we have been never less than wholly committed. The concept of the political, in our view, involves both inclusive engagement and critical debate in civil society, which includes non-governmental organisations as well as political parties within and without government. As our record of work since 1996 demonstrates, we will work in partnership with any person or institution on the basis of shared values. We firmly believe that it is only authoritarian governments that have reason to fear and resent, and therefore seek to control and repress civil society: a political maxim that  President Rajapakse should relate to, given his contribution to the fight against authoritarianism and oppression in the 1980s as an opposition politician, human rights lawyer, and civil society activist.

Download the full release here.

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The Centre for Policy Alternatives (CPA) was formed in the firm belief that there is an urgent need to strengthen institution- and capacity-building for good governance and conflict transformation in Sri Lanka and that non-partisan civil society groups have an important and constructive contribution to make to this process. The primary role envisaged for the Centre in the field of public policy is a pro-active and interventionary one, aimed at the dissemination and advocacy of policy alternatives for non-violent conflict resolution and democratic governance. Accordingly, the work of the Centre involves a major research component through which the policy alternatives advocated are identified and developed.

For more information, please visit https://www.cpalanka.org

Centre for Policy Alternatives on 2 March, 2010

Amitha Priyanthi Vs Inspector General of Police (SC FR 155/10)

In March 2010 CPA further assisted in a case filed by an independent petitioner on the issuing of Emergency Regulations specifying new places of detention. The petition was filed by MullaKandage Amitha Priyanthi against the Inspector General of Police and the Attorney General. Mulla Kandage Amitha Priyanthi in the petition contended that the new regulations granted extraordinary powers to the military to handle civilians as opposed to the functions of the police or the prisons in relation to detainees under the prevalent law and that  military camps are not conducive for detention of civilians or the carrying out of interrogations or investigations. The petitioner further contended that since Sri Lanka has not ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading treatment or Punishment, there is no independent mechanism to ensure that the places of detention are free of torture. The petitioner further stated that these Emergency Regulations violate the protection of equality before the law guaranteed by Article 12(1) of the Constitution as well as provisions of the International Covenant on Civil and Political Rights. Leave was refused by Court in this matter.

Centre for Policy Alternatives on 10 February, 2010

CONTROVERSY WITH REGARD TO THE STATE MEDIA AND THE APPOINTMENT OF A COMPETENT AUTHORITY

14th January 2010, Colombo,
Sri Lanka: It is now abundantly clear that a situation has
arisen in which the State-controlled media is acting with complete
disregard for the principles of balance and impartiality inherent to any
notion of responsible and professional journalism (which apply with
even greater force in the case of media institutions that are
publicly-owned and tax-payer funded), and in a manner that violates the
guidelines issued by the Elections Commissioner under the power vested
in him by Article 104B (5) (a) of the Constitution. In terms of Article
104B (5) (b), therefore, the Chairmen, specifically of the Sri Lanka
Rupavahini Corporation and the Sri Lanka Broadcasting Corporation, are
in breach of a legal duty imposed by the Constitution itself.

In this context, CMEV was pleased to learn that the Elections
Commissioner had first identified, then appointed, Mr. Jayampathy
Hettiarachchi (formerly of the Sri Lanka Administrative Service) as the
Competent Authority in terms of Article 104B (5) (c) of the Constitution
and the Competent Authority (Powers and Functions) Act No. 3 of 2002.
CMEV also noted that certain political programmes had in fact been
suspended due to their violation of the Elections Commissioner’s
guidelines.

However, it has been reported that at a meeting on Tuesday, 12th
January, with representatives of political parties, candidates and
monitors (including representatives of CMEV), the Elections Commissioner
had expressed his consternation, among other things, at the lack of
co-operation extended by the relevant State media institutions to the
Competent Authority, and went so far to suggest that he was considering
withdrawing the appointment of Mr. Jayampathy Hettiarachchi as the
Competent Authority.

Read the rest of this entry »

CONTROVERSY WITH REGARD TO THE STATE MEDIA AND THE APPOINTMENT OF A COMPETENT AUTHORITY

Centre for Policy Alternatives on 2 February, 2010

The Centre for Policy Alternatives Vs. Elections Commissioner (SC FR 111/10)

A Public Interest Litigation case was filed by CPA in the Supreme Court in February 2010 seeking redress for the violation of franchise rights and fundamental rights of equality and freedom of expression during the Presidential Elections of January 2010. The application was filed on behalf of the Internally Displaced Persons in the Northern and Eastern Provinces. The case was based on information received from Internally Displaced Persons and on a Centre for Monitoring Election Violence statement which stated that electors of the North and the East were disenfranchised due to the failure of the State to provide adequate transport despite a directive by the Elections Commissioner and the intimidation of electors, especially Internally Displaced Persons by explosion of grenades in the Northern Province. CPA in its petition further set out issues relating to temporary identification documents of Internally Displaced Persons, delays in public announcements on valid forms of identity, and the failure of the State to provide adequate transport to Internally Displaced Persons to travel to polling stations to be able to vote. The case was taken up by the Supreme Court on the 11th of March 2010. The Supreme Court directed the Elections Commissioner to ensure that the identification document allowed for voters during the last Presidential election should be adhered to at the Parliamentary elections too for the Internally Displaced Persons and to provide adequate transport facilities.