Centre for Policy Alternatives on 14 October, 2021

CPA Statement on the Proposed Amendments to the Code of Criminal Procedure Act

14th October, 2021, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply concerned about the proposed Bill to amend the Code of Criminal Procedure Act, published in the Gazette on the 8th of October 2021. The proposed amendments seek to dispense with the requirement of producing a suspect or accused before the Magistrate or Judge of the High Court in certain instances where they would otherwise normally be produced in Court. The Bill, proposed as a permanent amendment, must be evaluated in light of existing problems of Sri Lanka’s criminal justice system where custodial torture and abuse have become almost a norm. Despite the constitutional guarantee providing for the freedom from torture, decades of precedent demonstrate the continuous failures by the State to take tangible measures to protect this fundamental right, resulting in a culture of impunity. In such a context, CPA is disturbed that the proposed amendments are likely to further exacerbate existing problems and therefore urges the government to not proceed with the Bill.

In addition to the culture of abuse and torture, detainees are repeatedly prevented from having meaningful access to lawyers, despite the existence of legal protections guaranteeing such access. Against such a backdrop, compounded by reports of abuse and torture, the production of suspects or accused persons in Court is one manner in which the judiciary is able to act as a check on their safety and wellbeing. Permanently removing such an essential safeguard is unacceptable and deeply troubling.

Furthermore, the grounds on which personal attendance can be dispensed with as provided in the Bill are broad, vague and may be subject to abuse by authorities. For instance, among the reasons for which a suspect may not be produced are ‘where there is a likelihood of the suspect or accused obstructing the proceedings of court’. It is unclear how the Attorney General, officer in charge of the relevant police station or the superintendent of prisons as per the Bill will determine when such an obstruction is ‘likely’, or what amounts to an obstruction.

Finally, CPA is also concerned with the purpose and timing of the Bill in a context when Sri Lanka’s criminal justice system faces a plethora of challenges requiring urgent attention, with no information publicly available as to why the present Bill has received prioritization over other more pressing matters. The apparent rush to move with this Bill must also be contrasted with other initiatives entailing the establishment of committees and consultations, with no such interest shown with the present Bill.  This Bill, if implemented, carries significant implications for the safety of detainees and further entrenches custodial torture in Sri Lanka.

This statement is available in English, Sinhala and Tamil.

Centre for Policy Alternatives on 7 October, 2021

Vacancy: Field Assistant cum Research Assistant – Social Indicator Team

Centre for Policy Alternatives has a vacancy for an experienced individual to work as:

FIELD ASSISTANT cum RESEARCH ASSISTANT – SOCIAL INDICATOR TEAM 

QUALIFICATIONS/EXPERIENCE

  • Enrolled student or graduate in Political Science, International Relations or Social Sciences or in any related field of study 

                 or

  • Research experience or relevant professional qualifications

OTHER SKILLS/ATTRIBUTES

  • Strong research and analytical skills and the ability to assist the research team in survey implementation
  • A team player who can also work independently 
  • Willingness to travel out of Colombo on field work
  • Language proficiency in both English and Sinhala OR English and Tamil 
  • Competency in Microsoft Office applications 
  • Good coordinating skills  
  • Excellent interpersonal skills 
  • Dynamic and able to multi-task in a confidential, challenging environment 

APPLICATIONS: Please forward your application together with a resume with contact details of two non-related referees, within ten days of this advertisement. 

The position applied for should be indicated on the subject line of email.

Centre for Policy Alternatives, 6/5, Layards Road, Colombo 5 OR email to [email protected] 

07th October 2021

 

Centre for Policy Alternatives on 28 September, 2021

Vacancy: Researcher – Research and Advocacy Team

Centre for Policy Alternatives has a vacancy for an experienced individual to work as:

RESEARCHER– RESEARCH & ADVOCACY TEAM

QUALIFICATIONS/EXPERIENCE

  • Political Science, International Relations or Social Sciences Degree or
  • Research experience or relevant professional qualifications

OTHER SKILLS/ATTRIBUTES

  • Strong research and analytical skills 
  • Excellent written and spoken English 
  • Excellent interpersonal skills 
  • Dynamic and able to multi-task in a confidential, challenging environment 
  • Knowledge of Sinhala and/or Tamil would be an advantage.
  • High competency in Microsoft Office
  • Willingness to travel out of station on work 

 

APPLICATIONS: Please forward your application together with a resume with contact details of two non-related referees, within seven days of this advertisement. 

The position applied for should be indicated on the subject line of email.

Centre for Policy Alternatives, 6/5, Layards Road, Colombo 5 OR email to [email protected] 

23rd September 2021

Centre for Policy Alternatives on 15 September, 2021

CPA Statement on allegations against State Minister of Prison Management and Prisoners’ Rehabilitation

15th September 2021, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply disturbed by media reports of two incidents this week where the State Minister of Prison Management and Prisoners’ Rehabilitation Lohan Ratwatte is alleged to have abused his position by entering two prisons inebriated, and attempted to assault remand prisoners. On Sunday 12 September, the State Minister is reported to have entered the Welikada Prison with a group of friends. Subsequently he is reported to have travelled by helicopter to Anuradhapura where he had entered the Anuradhapura Prison and ordered two suspects at gunpoint to kneel down in front of him. Both these incidents reflect the alarming trend of flaunting political office for personal gratification, the callousness and disregard for the rights of prisoners and human dignity, the use of arms to threaten individuals and the contempt for the rule of law in Sri Lanka. In light of the serious nature of these incidents, CPA calls for the immediate resignation of the State Minister, for the authorities to initiate a credible investigation into the incident, and action taken without fear or favour.

CPA also notes that such incidents occur against the background of previous incidents of violence including several prison riots which led to the deaths of inmates with no known domestic process of accountability. This is compounded by past incidents of violence linked to the State Minister including his alleged involvement in the murder of ten Muslim youth in Udathalawinne in 2001 where he and several others were indicted for the murders but subsequently acquitted. In such a context of impunity, there are genuine fears of evidence tampering and witness intimidation that will undermine an independent process meant to investigate and hold perpetrators accountable. These speak to the setbacks with justice in multiple emblematic cases and the urgent need for structural reforms in Sri Lanka.

These two incidents occurred whilst Sri Lanka’s human rights record is being discussed at the ongoing 48th session of the United Nations Human Rights Council (UNHRC). In fact, the incidents occurred on the eve of the Government of Sri Lanka’s response to the oral update of the High Commissioner for Human Rights with the Government claiming that they are “committed to achieving tangible progress on the entire range of issues relating to accountability, reconciliation, human rights, peace and sustainable development”. Inability at this critical juncture to take swift and firm action related to these two incidents, among many others, will send a clear message that the Government of Sri Lanka has no genuine intention of following through with its own statements and further reinforce reports by victims and civil society of the repressive climate and impunity in Sri Lanka. This is also days prior to the commencement of the United Nations General Assembly session where President Gotabaya Rajapaksa is tipped to participate, providing an opportunity for Member States of United Nations and the office of the United Nations Secretary General to raise concerns about the deteriorating human rights situation and entrenched impunity in Sri Lanka and the need for Sri Lanka to uphold the values enshrined in the United Nations Charter.

This statement can be read and downloaded in English, Tamil and Sinhala.

Centre for Policy Alternatives on 7 September, 2021

CPA Outreach Unit Publication and Research Study on RTI

The Centre for Policy Alternatives (CPA) Outreach Unit, officially launched the RTI Publication, “The Right to Information and Media Practice” and the Research report on the ‘Responsiveness of Public Authorities to Right to Information Applications submitted via Email’ on the 21st of January, 2021 at the Renuka City Hotel, Colombo. The initiative was conducted in partnership with the Naumann-Stiftung für die Freiheit (FNF).

The Publication is a collection of news articles and success stories derived through RTI elicited information by prolific journalists and RTI users who have worked closely with CPA. While investigative journalism is one of the key contributions that strengthen democracy and accountability, the publication includes a series of wide-ranging stories proving that RTI is a potent weapon of investigative journalism. The publication aims to empower journalists and the public to utilize RTI legislation to secure documentary proof they need to add credibility to their stories and report in a more balanced and responsible manner. Hence, the launch of this publication will benefit in the long-term towards bolstering investigative journalism while strengthening democracy, fair governance, and accountability and popularize the use of RTI amongst the Sri Lankan media and the civil society.

The above publication ‘The Right to Information and Media Practice’ is available for reading in English, Sinhala, and Tamil.

The research study aims at assessing the responsiveness of public authorities to requests for information made via emails. Emphasizing the importance of the use of electronic media in requesting information in the context of the COVID-19 pandemic situation, a total of 695 requests for information were sent by email in Sinhala and Tamil, to the official email addresses of 695 public authorities. The research recommends the need to replace functioning email addresses of all public authorities in relevant websites, to widen public awareness about the implementation of the right to information using electronic means and for authorities to support and respond to information requests through electronic means as the best alternative to the direct exercise of the right to information amid the COVID-19 pandemic situation.

The research study ‘Responsiveness of Public Authorities to Right to Information Applications submitted via Email’ can be read and downloaded in English, Sinhala, and Tamil

 

 

Centre for Policy Alternatives on 2 September, 2021

Initial comment on the Declaration of a State of Emergency and Regulations for the Maintenance of Essential Supplies and Services

September, 2, 2021, Colombo, Sri Lanka: On the 30th of August 2021, by way of Gazette 2243/1, President Gotabaya Rajapakse issued a proclamation under Section 2 of the Public Security Ordinance (Chapter 40) as amended. In the Proclamation, the President states that ‘I am of the opinion that it is considered expedient to do so in order to ensure the Public Security and well being and maintenance of supplies and services essential to the life of the community in view of the prevailing emergency situation in Sri Lanka in the context of the COVID – 19 pandemic now steadily on the rise throughout Sri Lanka’. It has widely been reported that private banks are unable to finance food imports due to foreign exchange shortages, and as such a food shortage is expected. This is amidst rising food prices both locally and internationally. However, the government claims there are no shortages but only distribution issues with vendors hoarding stocks.

The present comment is prepared by the Centre for Policy Alternatives (CPA) to briefly explain the legal basis for the declaration of a state of emergency and specifically Emergency (Provision of Essential Food) Regulation, No. 1 of 2021 published in Gazette 2243/3 dated 30th August 2021.

Section 2 of the Public Security Ordinance (PSO) empowers the President to declare a State of Emergency in two situations; when the President is of the opinion that it is expedient to do so-

1) in the interest of public security and the preservation of public order, or

2) for the maintenance of supplies and services essential to the life of the community.

CPA has previously commented on the constitutional and legal scheme of a State of Emergency and what it entails, in the context of the State of Emergency that was declared by President Maithripala Sirisena in 2018.

Unlike the previous emergencies that were declared following unrest in 2018 and the Easter Sunday Bombings in 2019, the present declaration of emergency appears to be reliant on the second component relevant for the maintenance of supplies and services essential to the life of the community. However, CPA notes that regardless of the reason for the declaration of a State of Emergency, once such a declaration is made it gives the President wide powers with only limited checks and balances. With the declaration of a State of Emergency on 30th August 2021, the President is now able to promulgate Emergency Regulations dealing with any subject at any given time. Considering Sri Lanka’s history with emergency, other security related laws and legacy of repression, this raises serious concerns. The implementation of the present regulation and possible future steps require close attention.

This commentary is available for reading in English and Tamil. A version in Sinhala will follow shortly.

Centre for Policy Alternatives on 25 August, 2021

Mangala Samaraweera: An Appreciation

25th, August, 2021, Mangala Samaraweera was a personal friend and a friend of CPA.  He shared our vision and dream of a Sri Lanka in which all of its peoples would respect each other and strive together for the peace, prosperity and reconciliation, our country desires and deserves.  Like us, he believed in the Rule of Law and the equality before the law for all citizens without fear or favour and like us, he spoke truth to power, standing defiantly against the mudslinging and hysteria of his detractors.

I knew Mangala before he entered politics, in his Art Centre Club days basking in the Bohemian ambience of the place and in the liberalism it nurtured.  I remember conversations with him and Chanaka Amaratunga on the fundamental principles of liberalism and once he became an organizer in Matara, his amusement at his constituents commenting that he was humble enough to wear his father’s trousers and not an example of the recent fashion, an area in which he excelled and revolutionized too. We weren’t always on the same page politically, especially over the violent excesses of the infamous Wayamba provincial election, but we always remained friends.

His political achievements are many.  Every Sri Lankan owes him a debt over the privatization of Sri Lanka Telecom, an enduring legacy of organizational skill and political acumen.  In the field of human rights and reconciliation he was the champion first of the Mothers Front, empathizing and demanding justice for the victims of violence and then the Sudu Nelum Movement, which reached out to the grassroots about the ethnic conflict and the need for meaningful devolution. Likewise in 2015, his authorship of the four mechanisms for transitional justice- the Office for Missing Persons (OMP), the Office of Reparations, the Truth and Justice Commission and the mechanism for accountability.  Only the first two have been set up but Mangala did not lose his searing sense of priority with respect to the other two as well.  He spoke out, freely and candidly about the violations of human rights and democratic freedoms and when he retired from parliamentary politics, he devoted himself to spreading the message of rights and freedom, toleration and diversity to all. Right through to the end of his life, he believed in a Sri Lanka which was a functioning democracy based on the principle of Unity in Diversity.

As the Minister of Posts and Telecommunication, Foreign Affairs and Finance, respectively, he left behind a legacy, which no other politician can claim to have.  As a politician he came to espouse and to defend liberal democracy, in word and deed in a way in which no other politician has.  As a human being he was mischievous, generous and committed in every sense of the phrase to the joi d’vivre of life and living.

As my friend and as the friend of CPA, I am indebted in having known him and will always remember him in the words of Bernard Shaw, saying:

 

You see things and you say “Why?” But I dream things that never were; and I say “Why not?”

 

Dr Paikiasothy Saravanamuttu

Executive Director

 

This statement can be downloaded by clicking here