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.