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.

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.

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 Annual Report for 2020

Message from the Executive Director

The year 2020 was dominated by the Covid 19 pandemic, the efforts to manage it and the repercussions
thereof. In Sri Lanka, it was effectively the first year of the Gotabaya Rajapaksa presidency – won in
November 2019 with 6.9 million votes to be followed by the General Election in August 20202 which
returned a 2/3 majority of the seats in Parliament for the Rajapaksa regime.
Despite lockdown and self-isolation and other measures to combat the pandemic, CPA succeeded in the
main, in sticking to its work plans, successfully. Researchers worked from home and the administrative
and financial staff held the fort at office, when required.

Highlights of the year were the public interest litigation on the Presidential Pardon of Sgt Ratnayake,
convicted by all courts of the land for murder, including the slitting of the throat of a 5- year- old, the
regime’s insistence despite local and international expert opinion to the contrary, on the cremation of
those who had died of the virus – an act which struck at the heart of the religious practices of the Muslim
community in particular. There were a series of activities around the precise date of the election, the
inroads into parliamentary control over finances, policy briefs on the erosion of democratic governance
especially the appointment of Presidential Task Forces as the best representation of the alliance between
uniform and robe in government and governance, the photographic exhibition by youth of the Up-Country
Tamil community recording their lives and livelihoods and the monitoring of the 2020 General Election.
Of particular importance, given the serious ramifications of the Amendment, was CPA’s work on the
passage of the 20th Amendment to the Constitution, which did away with the checks and balances on the
exercise of executive power and authority ushered in limited form by the 19th Amendment. The 20th
Amendment, for one, does away with the impartiality and independence of key state institutions and
consolidates power and authority in the office of the Executive President. In this respect, it is both a
reversal and rejection of the norms of democratic governance and marks a clear shift away from a liberal
democratic dispensation. This is reinforced by the arguments for effective management of the pandemic,
and brings to the fore fears and concerns about creeping authoritarianism and the increased involvement
of the military in civilian affairs.

Despite the restrictions and lockdown, staff were able to fulfil our mandate with success. I wish to thank
them for their commitment. I hope and trust that it will extend beyond 2020 to 2021 our 25th anniversary and beyond.

Dr. Paikiasothy Saravanamuttu
Executive Director

Read the Annual Report for 2020 in English here.

 

The Scope and the Content of The Constitution: Perspectives of Opinion Leaders

24th February 2022: The Scope and Content of the Sri Lankan Constitution: Perspectives of Opinion Leaders comprises a summary of findings that assesses the knowledge, attitudes and perceptions of leaders from the four main ethnic communities (Sinhala, Tamil, Up Country Tamil and Muslim) across the island. These leaders included religious leaders, government officials, office holders of community-based organizations, teachers and school principals.

The assessment adapted and applied International IDEA’s constitutional performance assessment methodology to collect these leaders’ perceptions on the constitutional text and realities on current constitution, the Presidency, human rights and the nature of political and economic order. The Constitutional Performance Assessment was undertaken through a partnership between Social Indicator (SI); the survey and research arm of the Centre for Policy Alternatives (CPA), the International Institute for Democracy and Electoral Assistance (International IDEA) and the Edinburgh Centre for Constitutional Law (ECCL).

Download the full report in English here

Download the full report in Sinhala here

Download the full report in Tamil here

 

In Re the Prevention of Terrorism (Temporary Provisions) (Amendment) Bill (SC SD 13/2022)

On the 11th of February 2022, The Centre for Policy Alternative and its Executive Director, Dr. Paikiasothy Saravanamuttu, filed a Petition in the Supreme Court (SC SD 13/2022) challenging the Prevention of Terrorism (Temporary Provisions) (Amendment) Bill which was placed on the Order Paper of Parliament on 10th February 2022. The Bill seeks to make several amendments to the Prevention of Terrorism Act [PTA]. 

CPA has already published an initial commentary on the gazetted Bill pointing out that the Bill does not address the most fundamental problems with the PTA and explaining how the Bill falls short even in the limited areas it seeks to change. 

CPA has for decades raised concerns with the PTA and continues to advocate for its repeal. This draconian law has been severely abused, resulting in torture, prolonged detentions, and the deprivation of several other fundamental liberties. While this proposed amendment seeks to amend some provisions of the PTA, the Petitioners argue that the proposed changes are not sufficient to protect against the continued abuse. 

When the PTA was originally passed in 1979, then intended to be operative for only three years, it was referred to the Supreme Court as an ‘urgent Bill’, giving the Court only a few hours to reach a determination on its Constitutionality. Almost three years thereafter the PTA was amended, again as an urgent Bill, making the law a permanent and controversial part of Sri Lanka’s statute books for nearly 43 years. 

In its Petition, CPA and its Executive director argue that the effects of the amendments proposed in Clauses 2, 3, 4, 6, 10, 11 and 12 of the Bill are unconstitutional, and such Clauses 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. 

CPA notes that the jurisdiction of the Supreme Court in a Special Determination of a Bill is narrow in scope and only deals with the effect of the proposed amendments. Thus, there are matters in the original law, which cannot be rectified through this process. As such CPA urges the Government of Sri Lanka to withdraw this Bill, and take genuine steps to remedy the decades of abuse that have taken place under the PTA. The PTA must be repealed, and steps must be taken to ensure that all Fundamental Rights and other Constitutional protections are granted to everyone. 

Why the amendments to the Prevention of Terrorism Act are insufficient (A Visual Summary)

CPA’s commentary on the proposed amendments to the Prevention of Terrorism (Temporary Provisions) Act note the minimalist approach and basic reforms insufficient to address ground realities. Aspects which require urgent reform as highlighted by legal scholars, civil society actors and even the Supreme Court of Sri Lanka have also not been addressed in the Bill. The commentary further takes the view that the proposed amendment to the PTA appear to be more a token effort to address international pressure rather than a genuine and effective exercise to address ground realities and the abuses and violations brought about by the PTA.

(An Initial comment to the proposed amendments with further advocacy will follow after the tabling of the bill in Parliament.)

To read the full commentary, click here.