Parliament: Law, History and Practice

 

It gives us great pleasure to introduce this short treatise on the law, history, and practice of the Parliament of Sri Lanka.

The colonial origins of the legislature go back to 1833 when a Legislative Council was first established to provide advice and consent to the Governor in the making of laws for the peace, order, and good government of the island. In 1931, whilst still a British colony, the legislature became the first in Asia to be elected on the basis of adult universal franchise. With independence in 1948, Parliament became a sovereign legislature, and after 1972, the principal legislative organ of the Sri Lankan Republic.

This book has been written in a context in which Parliament has a new constitutional prominence after the structural changes effected by the Nineteenth Amendment to the 1978 Constitution in 2015. Indeed, it is the first extended consideration of the constitutional role and operation of Parliament after the Nineteenth Amendment and the introduction of a comprehensive new committee system in 2016. In late 2018, the Parliament of Sri Lanka attracted the approbation of the democratic world when it successfully withstood an attempt to subvert the Constitution, demonstrating not only its new institutional resilience but also its maturity as the national legislature of an established democracy. It is our hope that this
book will contribute to the continuing reinforcement of Parliament’s role in national life, and thereby to the further development of Sri Lanka’s constitutional democracy.

The book is primarily meant to assist the work of Members and staff of Parliament, although we hope it will be useful to the general reader as well. It covers the main areas relevant to the study of the powers and functions of a modern legislature that draws its customs, conventions, and practices from the traditions shared by all Commonwealth Parliaments.

To download this publication in English, click here.

For a Sinhala translation, click here, and for a Tamil translation, click here.

Dr. Paikiasothy Saravanamuttu’s speech on Human Rights Day 2021

17.12.2021, Colombo, Sri Lanka: Executive Director of the Centre for Policy Alternatives Dr. Paikiasothy Saravanamuttu spoke at an event to mark Human Rights Day 2021. Among the topics touched on were the increasingly authoritarian and ethno-majoritarian policies of the incumbent government, and the challenges faced by civil society activists under the current socio-political climate.

Watch the full speech:

 

Policy Recommendations On Preventing Violent Extremism in Sri Lanka

 

 

 

 

 

 

 

 

 

December 17th, 2021, Colombo, Sri Lanka: Violent extremism, especially amongst youth has persisted all over the world, carrying with it the potential to destroy the socio-political, cultural and economic fabric of societies in a trail of death and destruction. One feature of all this stands out and that is the frustration of the youth to be heard, to be taken seriously and brought into the discussion of public policy-making as a key stakeholder. Therefore, the Capacity Building and Outreach Thematic Group of the CPA, in collaboration with academics of respective universities, facilitated these discussions, creating an unrestricted space for undergraduates in 10 universities of north, south, east, west, and the centre of the country to express their opinions on issues, challenges and recommendations with regard to preventing violent extremism in Sri Lanka. This is not an exhaustive analysis on the issue of “Preventing Violent Extremism” but a compilation of views of university undergraduates representing the youth of the country on the topic of violent extremism, and is expected to be a paper that contributes to the ongoing debate on combating violent extremism in Sri Lanka.

 

To read and download the full report in English, click here
To read and download the full report in Sinhala, click here
To read and download the full report in Tamil, click here

A Commentary: Legal and Policy Issues related to the COVID-19 Pandemic in Sri Lanka

December 17th, 2021, Colombo, Sri Lanka: The COVID-19 health crisis has posed a range of unprecedented legal, political, economic and social challenges for Sri Lanka since March, 2020. While the government was successful in containing the first wave of COVID-19, the pandemic response has since unravelled, revealing issues with the heavily militarised and politicised approach favoured by the government. As the country gradually emerges from the latest wave of COVID-19, it has to grapple with the economic fallout and the rising cost of living brought on by the pandemic and its misgovernance, which may require an immediate and robust legal and policy response.

From the outset, the broader trends of militarisation, politicisation, repression, and marginalisation characterised the approach to manage the health crisis. Pandemic governance to date has also exacerbated ongoing processes of authoritarianism and executive aggrandisement, with grave implications for the rule of law, separation of powers and democratic governance.

Various briefs, guides and other documents were issued previously by the Centre for Policy Alternatives (CPA) (and included later in the document as annexures), capturing the different legal and policy regimes set in place at various stages of the pandemic response, and related concerns.

The present commentary serves as a non-exhaustive analysis of the pandemic response, with an aim to explore issues and implications that emerged from March 2020 to November 2021. To this end, the document will first provide an overview of the relevant structures and legal frameworks introduced to contain the spread of COVID-19. Secondly, it will identify issues related to governance, restriction and abuse of fundamental rights, continued marginalisation of vulnerable communities, and limited accountability for irregularities caused during the pandemic response, to indicate that the current approach has resulted in restrictions on civil liberties, mismanagement of the health crisis, and other irregularities, with limited avenues to ensure transparency and accountability of the pandemic response.

Read the full commentary here.
To read this commentary in Sinhala, click here.
To read this commentary in Tamil, click here.

CPA at 25: Reform and Reconciliation

 
 
 
 
 
 
 
 
 
 
 
 

Twenty-Five Years!

 
It has been a long journey of patient plodding and frequent frustration and then, in the memory, a shorter and exciting one too, of upholding principles in public interest litigation, electoral violence and malpractice, the ravages of war, a constitutional coup, death threats and public vilification, amongst other excesses of executive power and authority.

 The Centre for Policy Alternatives (CPA) was founded in the belief that civil society has an important role to play in the making of public policy. Civil society in this respect is not about capturing state power, but rather about setting an agenda for public policy for the government of the day to adopt and implement and of ensuring a context of rights enjoyment, protection and enhancement, which underpins this. As the title of this volume indicates this is a story of the protection and strengthening of the rights of citizens against violation by the state, of resistance to illiberal and unconstitutional encroachments on basic rights and freedoms, of reform of the public policy agenda to acknowledge and institutionalize the Rule of Law and Equality before the Law without fear or favour in the architecture and practice of governance and government and to reconcile all the peoples of this island in the celebration of Unity in Diversity. In this respect and twenty-five years notwithstanding, the work of CPA will always be a work in the state of becoming. Not of being.
 

Criticism

I would like, at the onset, to address some of the criticisms made against us. The first of these is that we are and continue to be an elitist and Colombo based organisation unconcerned with what affects the average citizen.

It is true that we have prioritized fundamental rights. We totally disagree that this is not of concern to the average citizen for, it is her rights that we are fighting for and without a sound constitutional framework of fundamental rights the average citizen will not attain the unity, peace and prosperity she desires and deserves. Admittedly, perhaps we have not made this point sufficiently or adequately to the population at large. However, we have tried and will continue to ensure that all our work is carried out in all the three languages of Sinhala, Tamil and English and in this regard we would like to remind our critics that the work of the Outreach Unit and the Centre for Monitoring Election Violence (CMEV) with an island-wide network, is done mainly in the official languages. Moreover, we have Vikalpa and Maatram, our two websites in Sinhala and Tamil, respectively.

A second criticism is that we work according to the agenda of foreign governments, since they are our main funders. Yes, they are our main funders because there is no funding in Sri Lanka for civil society work in the fields of human rights and governance. if only there were! Furthermore, the allegation that we take their money to implement their projects is completely untrue in that we identify our priorities and go out and seek funds to implement them. That there is a congruence, between Western donor priorities and ours, is not a coincidence, because they too are formally committed to a world of human rights protection, the Rule of Law and constitutionalism.

And yet another criticism is that we are too confrontational with governments and a cat’s paw for the opposition. It should be noted that for the twenty-five years of our existence, some twenty have been under a UPFA government headed by President Kumaratunga and the Rajapaksa brothers, Mahinda and Gotabaya. Throughout this period the UNP has been the Opposition for over twelve years with another eight years in government. The mission and mandate of CPA is policy research and advocacy on governance and conflict transformation from a human rights perspective and in these turbulent times, the Opposition was more in accord with our views than the government of the day. Moreover, the policy platform on which the government was formed in 2015, was defined and designed by liberal civil society research and advocacy over two decades at least and liberal civil society had a duty to ensure that it would not be jettisoned. Accordingly, the distinction between working with government as opposed to working for them and losing one’s independence and credibility was a position we upheld during the tenure of that government.

Earlier on, the call for the annulment of the Wayamba election in 1999 blotted our copybook with the Kumaratunga government, which set up a rival organisation to contest every media communiqué CMEV put out; advocacy for human rights protection and accountability did not sit well and perhaps still does not sit well, with either Rajapaksa regime. That we are partisan towards the UNP, stands in stark contrast to our public interest litigation when they were in office and our continued human rights advocacy.

 

Achievements

Over the twenty-five years we have pioneered civic media in Sri Lanka with our award winning Groundviews website, which serves as a platform for the counter-narrative of the day and for news and opinions insufficiently covered in the mainstream media or not covered by the latter at all. Social Indicator is the only civil society polling unit which polls public opinion on contemporary social and political issues, island wide. It also has seven years of data on the public’s views with regard to war and peace in the country. CMEV which arose out of the very first activity of the organisation – monitoring of election violence – and which encountered censure and sanction from the government when it called for the annulment of the infamous Wayamba election, is now one of two nationally recognised election monitoring organisations in the country.

We have a rich reserve of data on constitutional issues including strengthening of parliament, federalism and devolution and our public interest litigation programme, has as much highlighted issues of current importance and raised awareness of rights violations, as it has succeeded in winning cases. Of particular importance is the spearheading of advocacy for human rights protection and accountability, bringing together civil society organisations from around the country.

 

Origins and Acknowledgements

CPA grew out of the Centre for Policy Research and Analysis (CEPRA), set up by the Vice Chancellor of the University of Colombo, Professor G.L. Peiris. CEPRA held the first public meeting on the 1995 proposals of the government for a new constitution. When CEPRA wanted to hold a similar meeting in Sinhala, we were told by the student body that we would not be allowed to do so. In any event the ethic on campus and the bureaucracy stood in the way of CEPRA achieving the objectives of its founders as an innovative research institute. Jayadeva Uyangoda, Rohan Edrisinha and I, all working at CEPRA, decided to move out and set up an organisation that would not encounter such impediments. We decided that our board would reflect the political opinions of the day and that I would be the Executive Director. CPA owes its name and initial articles of association to Uyan. Our founding grant was from the Asia Foundation and a loan from INFORM facilitated by Charlie Abeysekere, a founder Director. I must acknowledge the support and solidarity from Ed Anderson, the Representative of the Asia Foundation.

I must place on record my appreciation for two founder Directors – Charlie Abeysekere and Bradman Weerakoon. Their wealth of experience, their enthusiasm and encouragement for the aims and work of CPA and their commitment to the organisation, was invaluable. CPA will always be indebted to them. Likewise, Shelton Wannasinghe who was also a particular pleasure to work with as a senior member of the Board, especially when the organisation came under attack

in the years after the war. Another former Director who I must acknowledge is Dr Arjuna Parakrama who designed the methodology of CMEV, which CMEV follows to the present day and who also set up a translation programme Vibasha and the first Media Monitors –both of which are still spoken about. Finally, amongst former members of the Board I must acknowledge CPA’s debt to Kethesh Loganathan who headed the Peace and Conflict Unit. Kethesh brought to CPA his years of experience of the Tamil struggle for self-determination and his personal knowledge of the key LTTE and other guerilla leaders of the time. Accordingly, in his years at CPA he deepened our knowledge of peace and conflict and sometimes, not easily.

A special mention must be made of founder Director Rohan Edrisinha, who was the founder of the Legal Unit, now the Research and Advocacy Unit and the programme of Public Interest Litigation. Rohan’s vast knowledge of constitutional and public law attracted many a young researcher to CPA and laid the foundations for the work on federalism and devolution as well as the now well -established programme of Public Interest Litigation.

Many of the older members of CPA will remember Jean Godlieb head of Administration and a veritable mother to the staff. Her patience, efficiency and warmth made the organisation, from the outset, a happier workplace.

Over the twenty- five years, CPA has had many friends amongst the international human rights organisations, international NGOs and universities. To them we offer our thanks for their support and solidarity, in good times and bad and express the hope that when the need arises, we can work together again.

I must thank all the staff of CPA and our interns both foreign and national, for their dedication to our values and excellent work. For many of them, working for CPA was their first and only job. In particular I must thank Lionel, Asanga, Bhavani, Sanjana, Pradeep, Dev, Mirak, Sriyanie and Renuka for their brilliant work, which, in some cases, was unprecedented and for their commitment and sustained dedication to the work and values of CPA.

Many of them have gone on to excel themselves in work for the United Nations as Resident Representatives and in election monitoring, for their own governments as Deputy Assistant Secretary of Defence, for our own national institutions like the first Office for Missing Persons and in academia abroad. The staff of CPA makes CPA and CPA in turn has changed their lives, I hope they will agree, for the better.

I hope and trust that CPA will continue its work into the future. And that it will keep working better.

In conclusion, I would like to quote the poet Robert Browning as I did when I delivered the Gandhi Memorial Oration:

“Ah but a man’s reach should exceed his grasp; Or what’s a heaven for?”

So be it for the Centre for Policy Alternatives for the next twenty -five years and more!
 

Dr Paikiasothy Saravanamuttu

Founding Executive Director
 

To read and download the full publication in English, click here.
To read and download the full publication in Sinhala, click here.
To read and download the full publication in Tamil, click here.

 

Comment: Legality of the State Response to the Right to Protest in the light of the Covid-19 Pandemic

November 29th, 2021: The right to protest, as manifested in the freedom of assembly, association, and expression, is an important feature of a democratic society that facilitates civic engagement in political processes beyond just voting at elections. This right is vital for the healthy functioning of a democracy, and while it is recognized that the right to protest can be subjected to certain limitations, it is equally important to ensure that these limitations are not the results of ad-hoc and arbitrary measures contrary to the rule of law and the equal protection of the law as guaranteed by Article 12 of the Constitution.

Sri Lanka has a rich history of protests as means of airing grievances, and for demanding accountability and recognition for rights and freedoms. In the recent months, a large number of protests have taken place across the island, including but not limited to the many protests over the controversial Kotelawala National Defence University (KNDU) Bill, the fertilizer ban, and the ‘Pottuvil to Polikandy’ (P2P) march.

However, on 6th July 2021, the police announced that protests and public meetings were banned until further notice to contain the spread of COVID-19. The police further stated that transgressors will be dealt with according to quarantine regulations. Since then, there has been a host of arrests of persons for engaging in public protests, which stood in contrast with the relaxation of several regulations put in place to prevent the spread of Covid-19 in July.

On 9th November 2021, new regulations were introduced by way of Gazette (Extraordinary) No. 2253/10 to limit the size of public gatherings and make it mandatory to obtain prior approval of Director General of Health Services to hold gatherings, activities, events or similar places of meetings. Incidentally, the regulations were introduced days before the Samagi Jana Balawegaya (SJB) planned to hold a mass demonstration in Colombo. On 15th November, updated health guidelines applicable from the 16th to the 30th of November were also issued. It is notable that while indoor gatherings were among the permitted events mentioned in the schedule of the guidelines, “outdoor private gatherings” were not allowed to be held.

In his address to the nation on 20th August 2021, President Gotabaya Rajapaksa said that “[I]t is clear that this is not a time for strike actions and protests. Do not attempt to destabilize the country.” Similarly, insinuations were made by several others assigning blame to protesters for the recent surge in Covid-19 cases across the island. However, Professor Tissa Vitharana, a prominent virologist and Member of Parliament for the SLPP reportedly stated that there is no evidence to show that the recent protests contributed to the rapid spread of Covid-19.

The press release announcing the ban in July failed to establish the legal basis for the ban on protests and demonstrations, raising concerns about the legality of this measure.

Restriction of fundamental rights by way of issuing regulations has also raised similar concerns. Arrests and forcible quarantine of protesters, discussed later in the document, highlight instances of the misuse of quarantine regulations to quell dissent and enable arbitrary and selective action on the part of law enforcement authorities, with significant implications for rights and freedoms relating to assembly, association, and speech.

The Centre for Policy Alternatives (CPA) has consistently raised concerns regarding the legality of COVID-19 related restrictions, and despite this questionable legality, a considerable number of arrests have been made due to alleged violations.

Several guides, comments, and other documents were issued previously by CPA on a range of legal and policy issues linked to COVID-19. The present comment will briefly examine the limitations imposed on the right to peaceful protest under the guise of managing the health crisis, with a particular focus on the current ban on protests and public gatherings. The comment will first provide an overview of the constitutional and legal basis for the right to protest in Sri Lanka, followed by an outline of the state response to several protests that were held during the Covid-19 pandemic. The comment will then identify areas of concern by assessing the ban on protests based on three criteria relating to legality, proportionality, and purpose, to demonstrate that the state response to the recent protests has adverse implications for the rule of law, independence of the judiciary, and the fundamental rights of citizens.

To read the full comment, click here.

Two Years

18th November, 2021, Colombo, Sri Lanka: Two years ago, after campaigning on a pro-nationalist platform promising a wide mandate, Gotabaya Rajapaksa took oath as Sri Lanka’s 8th Executive President.

 

To mark two years of his term in office, the Centre for Policy Alternatives looks back on some of the defining moments of his presidency so far.
To view the video in Tamil, click here.
To view the video in Sinhala, click here.