Centre for Policy Alternatives on 22 June, 2020

Statement on the Implementation of the Official Language Policy by the Consumer Affairs Authority and the National Medicines Regulatory Authority

June 22nd 2020, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) welcomes the steps
taken by the Consumer Affairs Authority (CAA) to give effect to the Official Language Policy by issuing Gazette No. 2135/53 dated 07.08.2019 (also in Sinhala and Tamil) which was amended by Gazette No. 2156/16 dated 31.12.2019 (also in Sinhala and Tamil). In terms of the said gazettes, the CAA has directed all manufacturers, importers, distributors and traders to print important information regarding the product in Sinhala, Tamil and English languages on all packs, containers or on the wrappers of all articles/goods. These directions will be applicable to 76 separate categories of consumer goods.

Between 2013 and 2018 CPA filed over 150 complaints to the Human Rights Commission of Sri Lanka (HRCSL) and the Official Languages Commission on the basis that important information regarding consumer goods are not provided in accordance with the Official Language Policy. A majority of the goods identified in the complaints made by CPA have been addressed in the above mentioned gazettes. Consequently, all consumers will be entitled to access the essential information regarding these consumer goods in all three languages from 01.09.2020, which is the effective date of the gazettes.

In this day and age, it is of utmost importance that consumers are able to access at least the basic information regarding products in order to ensure that such goods are appropriate and suitable for their consumption. As such providing such information in a language the consumer comprehends, will not only protect the individual’s right of access to instruction in the medium of his mother tongue (Sinhala and Tamil) but will also have a direct bearing on the consumers physical health and well being.

Since 2013 CPA has demonstrated to the CAA that essential information on the labels of the consumer goods, namely; product name, maximum retail price, date of expiry, date of manufacture, net weight / volume, country of origin/country of manufacture etc. were printed in only the English language. The Sri Lankan Constitution recognizes that both Sinhala and Tamil are official and national languages of Sri Lanka, with English recognized as a link language. Therefore, printing information on consumer goods in only English or in only one official language (Sinhala or Tamil) is a violation of the consumer’s right to access to information. CPA’s complaints to the CAA since 2013, were on the basis that the CAA had the power and responsibility to redress this situation and to uphold the Official Language Policy of Sri Lanka.

Despite CPA’s complaints and the numerous investigations conducted by the HRCSL and the Official Languages Commission over the years in response to these complaints, no significant progress was achieved until recently. In 29.01.2020 CPA sought information from the CAA, in terms of the Right to Information Act No. 12 of 2016,on the progress the CAA had made in relation to CPA’s complaints. From the responses received to these RTI requests, CPA was made aware of Section 01 of the Direction No. 68 published in the Gazette No. 2135/53 dated 07.08.2019 stipulating that the specified information had to be printed in all three languages; Sinhala, Tamil and English languages. However, the date of operation of Direction No. 68 has been amended under the Direction No. 71 published in the Gazette No. 2156/16 dated 31.12.2019, and the Directive will thus be effective from 01.09.2020 as opposed to the originally planned 01.01.2020.

In its endeavor to ensure the implementation of the Official Languages Policy, CPA has also complained against the National Medicines Regulatory Authority (NMRA), for not taking steps to ensure that the packaging of pharmaceutical drugs conform to the Official Languages Policy. In this regard CPA has made representations to the NMRA, filed complaints to the HRCSL and filed a Fundamental Rights case [SCFR/102/16]. In a progressive development in this regard, the NMRA issued the Gazette No. 2145/01 dated 14.10.2019 (also in Sinhala and Tamil) directing that from 01.01.2020 the packing of a selected number of pharmaceutical drugs should be printed in all three languages.

Whilst these gazettes signify an important forward step in implementing the Official Language Policy and providing consumers with critical information, CPA recognizes that there is no guarantee that these bold and welcome decisions will be put into action. CPA understands that the Ceylon Chamber of Commerce (Food and Beverage Division) has informed the CAA of several practical difficulties that may arise, as a result of printing all information and instructions in all three languages. CPA also recognizes that the implementation of these directives have been delayed once already and that there is a
potential for further delay.

As such CPA calls on all stakeholders to act in a responsible manner to uphold the rights and well being of consumers. For its part CPA will continue its work undertaken over several years to monitor the practical implementation of the Official Language Policy in order to ensure these achievements are positively and formally sustained at all levels.

Read the full statement in English, Sinhala and Tamil.

Centre for Policy Alternatives on 15 June, 2020

Statement on the Presidential Task Forces

June 15th 2020, Colombo, Sri Lanka:

We, the undersigned from civil society express grave concern regarding the establishment of a spate of Presidential Task Forces in the last few months.

Three Task Forces were appointed by President Gotabaya Rajapaksa as a response to COVID-19. One has extensive powers to direct, coordinate and monitor the delivery of continuous services for the sustenance of overall community life, another relates to Economic Revival and Poverty Eradication and one concerns Sri Lanka’s Education Affairs. Two most recently created are the Presidential Task Force to build a Secure Country, Disciplined, Virtuous and Lawful Society (established by Gazette Extraordinary no. 2178/18) and the Presidential Task Force for Archaeological Heritage Management in the Eastern Province (established by Gazette Extraordinary no. 2178/17), both dated 2nd June 2020.

These Task Forces are established with broad, ambiguous mandates, bypassing existing channels such as the Department of Archaeology, and at a time when there is no sitting Parliament that can exercise oversight in respect of their functions and the exercise of their powers. Furthermore, they were appointed at a time when the country was under a lock down due to the COVID -19 pandemic and citizens were unable to make inputs to express their concerns regarding their establishment. The exercise of extraordinary power during a crisis should be supported by strong reasons. Why matters such as archaeology and heritage were prioritised amidst an unprecedented health, economic and social crisis is cause for concern.

All the Presidential Task Forces have a compliment of military personnel while the Presidential Task Force to build a Secure Country, Disciplined, Virtuous and Lawful Society is composed entirely of persons from the armed forces and police. This further demonstrates the steady drift towards militarizing civil functions within Sri Lanka’s health and educational sectors, development, public administration and even judicial processes following the Presidential election of November 2019. This does not bode well for Sri Lanka’s long-established parliamentary democracy.

The members of the Task Forces are drawn almost entirely from the Sinhala community. Buddhist monks make up a significant portion of the Task Force for the Eastern Province, ignoring the fact that the Province is also equally populated by Tamils and Muslims. It is likely that the interests of these communities will be neglected by the Task Forces and will reflect the majoritarianism espoused by this government.

Sri Lanka’s democratic mechanisms must be made to work efficiently without politicization or resort to militarization. These new Task Forces are structures that are solely accountable to the President and are staffed, not by professional civil service personnel, with the required experience, but by security personnel with no experience in civil functions. They are expected to ‘police’ the civil service and are usurping the powers and functions of the Cabinet and Ministries, which are vital in a parliamentary democracy. Rather than these Task Forces, the Sectoral Oversight Committee system in Parliament established under the 19th Amendment and populated by Members of Parliament from all political parties is a much more independent and efficient oversight mechanism that can respond to the exigencies faced by the country at this time. It is also unclear how the work of these task forces will be financed, to what extent they will duplicate functions of ministries, and the extra
costs and expenditures that this will entail at a time when the need for cost cutting should be a primary concern of the government.

In the context of the pandemic, Sri Lanka is at the crossroads with its economy shattered and it is vital that we build confidence – both nationally and internationally – that the country will adopt rational and inclusive policies and approaches, that are transparent and credible responses to this crisis. The crisis is not an excuse for militarization and militarization is not the solution to the challenges of this crisis management. Nor is it the solution to bypass the Prime Minister and the cabinet of ministers, and the Parliament in a functioning democracy.

Signatures

Individuals

1. Amali Wedagedara
2. Amalini De Sayrah
3. Ambika Satkunanathan
4. Anithra Varia
5. Anthony Vinoth
6. Anushya Coomaraswamy
7. Bhavani Fonseka
8. Bishop Kumara Illangasinghe
9. Brito Fernando
10. C.Ranitha Gnanarajah, Attorney at Law
11. Chandra Jayaratne
12. Chandraguptha Thenuwara
13. Deanne Uyangoda
14. Deekshya Illangasinghe
15. Dinushika Dissanayake
16. Dr. Anila Dias Bandaranaike
17. Dr. Farzana Haniffa
18. Dr. Mario Gomez
19. Dr. Paikiasothy Saravanamuttu
20. Dr. Sakuntala Kadirgamar
21. Dr. Visakesa Chandrasekaram
22. E.A. Dominic Premananth
23. Francis Raajan
24. Inthumathay Hariharathamotharan
25. Iromi Perera
26. Ishara Danasekara
27. Jayanthi Kuru-Utumpala
28. Joanne Senn
29. K.S.Ratnavale
30. Kandumani Lavakusarasa
31. Kumudini Samuel
32. Maithreyi Rajasingam
33. Marisa de Silva
34. Megara Tegal
35. Nalini Ratnarajah
36. Natasha Van Hoff
37. Nilshan Fonseka
38. Niranjala Arulnandhy
39. Prabodha Rathnayaka
40. Prof. Arjuna Parakrama
41. Prof. Ashwini Vasanthakumar
42. Prof. Maithree Wickramasinghe
43. Rajan Hoole
44. Ruki Fernando
45. S.C.C Elankovan
46. Sabra Zahid
47. Sandun Thudugala
48. Sanjayan Rajasingham
49. Senaka Perera
50. Sharmaine Gunaratne
51. Shreen Saroor
52. Subajini Kisho Anton, Attorney at Law
53. Subha Wijesiriwardene
54. Sudarshana Gunawardana
55. Swasthika Arulingam
56. Thyagi Ruwanpathirana
57. Uda Deshapriya
58. Uween Jayasinha, Attorney at Law
59. Varaluxmy Jeganathan

Organizations

1. Australian Advocacy for Good Governance of Sri Lanka
2. Centre for Human Rights and Development (CHRD)
3. Centre for Policy Alternatives
4. Committee for Protecting Rights of Prisoners
5. Families of the Disappeared
6. International Centre for Ethnic Studies
7. Law and Society Trust
8. People for Human Rights and Equality
9. Right to Life Human Rights Centre
10. Rights Now- Collective for Democracy
11. Transparency International Sri Lanka
12. Viluthu
13. Women and Media Collective
14. Women Development Innovators
15. Women’s Action Network

Centre for Policy Alternatives on 8 June, 2020

The Appointment of the two Presidential Task Forces

Sri Lanka has witnessed a spate of Presidential Task Forces in 2020. Three Task Forces were appointed by President Gotabaya Rajapaksa as a response to COVID-19, another relating to poverty alleviation and one on education affairs.[1] The most recent two are the Presidential Task Force to build a Secure Country, Disciplined, Virtuous and Lawful Society (established by Gazette Extraordinary no. 2178/18) and the Presidential Task Force for Archaeological Heritage Management in the Eastern Province (established by Gazette Extraordinary no. 2178/17), both dated 2nd June 2020.

These two Task Forces are appointed at a time when Parliament has not been functioning for more than three months, contrary to mandatory provisions of the Constitution[2]. Notably, the Gazettes appointing the two Task Forces followed on the heels of the ruling by the Supreme Court of Sri Lanka refusing leave to proceed to all petitioners on the subject of the dissolution of Parliament for more than three months and the holding of free and fair elections.[3] In the absence of a Parliament, there is no legislative oversight over executive action and this raises concerns regarding accountability and transparency of these Task Forces. Moreover, the composition of both these Task Forces, as is with the previous ones appointed in 2020, comprises of former and present military, law and order officials and others, with concerns raised about the creeping militarization in government and governance in Sri Lanka. With no oversight, effective checks and balances and growing reliance on military actors, the reliance of President Rajapaksa on Task Forces to govern Sri Lanka and its implications must be further studied. CPA notes that these present initiatives build on the campaign promise of President Rajapaksa prioritising discipline, stability and security. These steps, however, have serious ramifications for a free and open society and liberal democracy.[4]

The Centre for Policy Alternatives (CPA) raised initial concerns[5] with the two Task Forces and those appointed as a response to COVID19, questioning their need and legality.[6] In this short discussion paper, CPA examines the legality of the two Task Forces appointed on 2nd June, the manner in which they were established and their implications. Other concerns are also raised regarding their composition, the vires of the powers bestowed on them, and their impact on the rule of law, constitutional democracy and reconciliation in Sri Lanka. The paper is structured in a manner where legal and broader concerns are raised relevant to both the Task Forces followed by a closer examination of the purported mandate of each Task Force and related issues.

Download the full PDF in English, Sinhala and Tamil.

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[1] Task Force to be established for poverty eradication and livelihood development, Gazette Extraordinary No. No. 2159/64, 25th January 2020, http://documents.gov.lk/files/egz/2020/1/2159-64_E.pdf;

Presidential Task Force to direct, coordinate and monitor the delivery of continuous services for the sustenance of overall community life, Gazette Extraordinary No. No. 2168/8, 26th March 2020 http://documents.gov.lk/files/egz/2020/3/2168-08_E.pdf;

Task Force for Economic Revival and Poverty Alleviation, Gazette Extraordinary No. 2172/9, 22nd April 2020, http://documents.gov.lk/files/egz/2020/4/2172-09_E.pdf;

Presidential Task Force to study and provide instructions on measures to be taken by all Armed Forces to prevent Coronavirus infection among members of the Tri-Forces, Gazette Extraordinary No. 2173/4, 27th April 2020, http://documents.gov.lk/files/egz/2020/4/2173-04_E.pdf

Task Force on Sri Lanka’s Education Affairs, Gazette Extraordinary No. 2173/7, 28th April 2020, http://documents.gov.lk/files/egz/2020/4/2173-07_E.pdf

[2] Article 10(5)(a) of the Constitution provides that – ‘A Proclamation dissolving Parliament shall fix a date or dates for the election of Members of Parliament, and shall summon the new Parliament to meet on a date not later than three months after the date of such Proclamation.’. In Sampanthan v. AG (Dissolution Judgment) SCFR 351/2018 the Supreme Court held that “…Articles 70 (2), (3), (5), (6) and (7) specify requirements placed on the President‘s

power of summoning Parliament and the instances where the President is mandatorily required to summon Parliament within specified time frames.” (at page 71). Judgement at http://www.supremecourt.lk/images/documents/sc_fr_351_2018.pdf

[3] ‘Supreme Court dismisses FR Petitions’, Daily News, 2nd June 2020, https://www.dailynews.lk/2020/06/02/law-order/219880/supreme-court-dismisses-fr-petitions

[4] ‘Sri Lanka’s Recent Political Challenges & Prospects for the Future’, Centre for Policy Alternatives, March 2020, https://www.cpalanka.org/wp-content/uploads/2020/03/Commentary-Sri-Lanka%E2%80%99s-Recent-Political-Challenges-Prospects-for-the-Future.pdf

[5] Statement on ‘the Appointment of two Presidential Task Forces’, Centre for Policy Alternatives, 5th June 2020, https://www.cpalanka.org/the-appointment-of-two-presidential-task-forces/

[6] ‘Structures to Deal with COVID-19 in Sri Lanka: A Brief Comment on the Presidential Task Force’, Centre for Policy Alternatives, April 2020, https://www.cpalanka.org/wp-content/uploads/2020/04/FINAL-Presidential-Task-Force-on-COVID19-April-2020-copy.pdf.

Centre for Policy Alternatives on 5 June, 2020

The Appointment of Two Presidential Task Forces

5th June 2020, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply concerned by the appointment this week of two Presidential Task Forces by President Gotabaya Rajapaksa. These appointments came soon after the Supreme Court refused leave to proceed to all petitioners on the subject of the dissolution of Parliament for more than three months and the holding of free and fair elections. At present, Parliament has been dissolved for longer than the constitutionally mandated three months. Thus there is no legislative oversight over executive action. In such a context, the appointment of the two Task Forces demonstrates troubling trends of authoritarian rule and militarization with serious implications for constitutional democracy and reconciliation in Sri Lanka. CPA flags here initial concerns regarding both these Task Forces with a longer comment to follow.

By Gazette No. 2178/18 the President appointed a Task Force to build a “virtuous, disciplined and lawful society” in Sri Lanka. It is to be headed by the Secretary to the Ministry of Defence and comprises the heads of the Armed Forces, Police and Intelligence Heads, Chief of Customs and the Additional Secretary of the Ministry of Defence. Notably, the Task Force is composed of present and former military and law and order officials.

The mandate of the Task Force is vague and overbroad, terms such as “anti-social activities” have no specific legal meaning which raises the concern as to how the Task Force intends to take legal action against such activities. It is unclear as to whether the Task Force is meant to only deal with the prevention of trafficking of narcotic drugs and psychotropic substances or whether it is meant to deal with a broad range of other issues. Added to the confusion is the question whether the Task Force is meant to formulate policy or if its role is to implement existing laws and policy. Moreover, regardless of its intended role, CPA finds it problematic that the Task Force is designed in a manner to operate as a parallel structure to existing entities, circumventing the role of the Cabinet of Ministers and purportedly capable of giving direct orders/ instructions to the Public Service. These issues, among several others, have extremely serious implications that require urgent attention.

In yet another development, the President has appointed by Gazette No. 2178/17 a Task Force for the Archaeological Heritage Management in the Eastern Province. The Task Force will deal with issues which have been the sources of conflict and contest for decades. This Task Force comprising two Buddhist priests, a professor of archaeology, a professor from a faculty of medicine, the Director-General of archaeology, defence and law and order officials and a head of a media institution, is a pan –Sinhala Task Force, headed too by the Secretary to the Ministry of Defence. Considering its purported mandate, it is noteworthy that the Task Force is composed only of religious clergy of one religion. At the outset this raises troubling questions as to whether the Task Force is intentionally undermining the multi ethnic identity in the province with a possible attempt to define a mono ethnic dominant narrative. CPA has previously noted attempts at colonization and land appropriation schemes in the area aimed at changing demographics with implications for electoral representation, co-existence and reconciliation. Compounded by Sri Lanka’s past, the appointment of such a Task Force raises questions of its need, intent and implications for the future.

These appointments come at a time when the executive has a free hand to “govern” without the customary checks and balances on the exercise of executive power and authority. This we firmly believe to be a basic and fundamental tenet of parliamentary democracy. Moreover, CPA’s concerns are fundamentally concentrated on the increasing practice of militarization and securitization of government and governance in Sri Lanka, where key decisions and decision making are being consolidated in the hands of retired and/or serving security force and police personnel. The concerns with the Task Forces and of the possible exacerbation of grievances and tensions, which in turn will jeopardize the prospects for reconciliation and transitional justice, which surely are priorities for post-war Sri Lanka.  We call upon the government and all political actors to consider the consequences of their actions from the perspective of the protection and promotion of liberal parliamentary democracy in our island and to act accordingly.

 

Download this statement in Sinhala and Tamil.

Centre for Policy Alternatives on 3 June, 2020

The need for prison reforms in Sri Lanka

The need for prison reforms has been discussed for years in Sri Lanka with very little progress. The COVID19 pandemic has renewed attention to the issue in an urgent manner. Systemic issues within prisons in Sri Lanka expose inmates and staff to heightened risks due to both the contagiousness of the virus as well as the restrictions put in place to contain its spread within the country.

Agitation due to this vulnerability and the resulting riots at the Anuradhapura prison resulted in two deaths in March 2020. Advocacy on the issue has resulted in the President appointing a committee to examine relevant issues and some small steps have been taken as of now. Most recently, a Presidential Task Force was appointed with a mandate, among other functions, to “investigate and prevent any illegal and antisocial activities in and around prisons”. Notably, the Presidential Task Force comprises of present and former military, intelligence and law and order officials with no representation of officials having expertise and experiencehaving worked in prisons or related issues. These recent developments highlights the importance of qualitative and quantitative research on prison conditions as well as the need to continue advocacy towards advancing the prisoners’ rights by the civil society.

Earlier in 2019, there was some discussion on prison reforms in the context of re-implementing the death penalty. While imposing the death penalty violates constitutionally recognised fundamental rights, the effective functioning of criminal justice and punishment is nevertheless crucial to uphold constitutional and human rights standards. Abolishing the death penalty will also create greater dependence on custodial sentences and therefore examining the status of prisons in Sri Lanka and the relevant framework is greatly needed. The importance of this exercise has become even more important amidst the COVID19 outbreak.

This Report by the Centre for Policy Alternatives (CPA) assesses the domestic legal, regulatory and administrative framework relevant to imprisonment as criminal punishment. The Report further discusses the goals and conditions of imprisonment and the rights of prisoners in light of international legal obligations, constitutional provisions and comparative standards. Finally, it provides recommendations for policy makers. The Report, however, is not an exhaustive study on the conditions of prisons in Sri Lanka. CPA hopes that this Report will raise awareness on key legal and policy issues that require urgent attention and facilitate taking necessary action related to the state of prisons, which require urgent attention.

Download the full PDF in English, Sinhala and Tamil.

Centre for Policy Alternatives on 1 June, 2020

Covid-19 and Elections: ANFREL and Sri Lankan election organisations release a Code of Conduct for election observers

ANFREL and six domestic election observation groups, including ANFREL members PAFFREL and CMEV, released the “COVID-19 Code of Conduct for Election Observers” ahead of the 2020 Sri Lankan parliamentary elections.

This document is a joint initiative from organizations both domestic and international intending to observe the parliamentary elections of Sri Lanka. The polls were initially scheduled for 25 April 2020 but have been postponed because of the COVID-19 pandemic that is affecting the country. While the date at which the elections could be held remains uncertain, pending a ruling from the Supreme Court on the matter, election monitoring organizations have decided to plan ahead and draft guidelines so that election observation may take place in the most responsible manner.

Click here for English, Sinhala and Tamil statements.