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.

Tea Kahata

Thè Kahata – Giving Voice to the Untold Stories of Sri Lanka’s Plantation Sector
Sri Lanka takes pride in her tea industry, and for many years the name Ceylon was synonymous with tea. However, behind the celebratory rhetoric and good wishes was and still continues to be the stark reality of the living conditions of the people who have plucked the “gold” of Sri Lanka for over a century.
It is sad but true that in certain cases living conditions have not changed for over a hundred years and that wages lag far behind what is adequate and just. For Sri Lanka to move ahead as a country made up of many peoples and in which there is Unity in Diversity, serious attention should and must be paid to the living conditions of the workers on estates.
At the Centre for Policy Alternatives, we are proud and yet sad that we had to launch an initiative to get postal addresses for some 3,000 workers. Apart from the practical issue of being able to receive mail for example on time and not suffer the consequences of delay, the dignity of having an address is surely a right of every Sri Lankan citizen. We are proud too, to have involved the young people of the community in this exhibition. Who better to understand and record for posterity the daily reality of life on the tea estates? The talent of the youth who participated must be commended and we hope that it will be nurtured and nourished in the future. Moreover, we sincerely hope that the exhibition will spark off a much needed conversation and spur political commitment to improve the lives of the community and that our opinion and decision makers will place human dignity above else as the motivating force of their efforts. Avishai Margalit wrote about a decent society and a civilized society – one in which institutions do not humiliate citizens and one in which citizens do not humiliate each other. We should bear this in mind in respect of developing the conditions on the estates and indeed in whatever endeavor we embark upon to make our land united and prosperous.
Thè Kahata Photojournal and virtual exhibition of photography by members of the Up Country Tamil community bears witness to the everyday hardships and privation of their lives.
Project Background 

This project aims to strengthen the voice of plantation communities presenting an alternative narrative of the plantation sector through the media of creative photovoice. These creations are to be presented to relevant stakeholders supporting engagement in advocacy for social justice and equality. The initiative utilizes photography as a tool of assessment that focuses on highlighting the narratives of the plantation sector through visual images captured by selected skilled youth belonging to plantation families who have the least access to develop knowledge and technical skills on photography. In addition, the endeavor will provide an eye-opening opportunity for youth to sharpen their hidden talents and discover their passion for creative expressions and introduces an innovative medium for communicating their issues. Field visits and linkages they develop during photo shooting sessions will further deepen their understanding of historical roots they belong to and thereby inculcate a sense of responsibility, empathy and to recognize themselves as dignified citizens of the country through careful civic engagement with one’s own community. By extension, they will also gain opportunities to learn how to incorporate ethical practices/ code of conduct need to be followed in the process of creating successful photo voices.

The Teh Kahata Exhibition series is part of CPAs ongoing work to highlight the injustices meted to plantation sector communities during 150 years of Ceylon tea.

Media Cover

View the full project in English here:

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:

 

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 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.

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.