Centre for Policy Alternatives on 7 November, 2019

Letter to Facebook: Urgent need for rollout of platform affordances for greater oversight of campaign spending

7 November 2019, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is releasing a letter sent to Mr Senura Abeywardene, the Country Representative for Sri Lanka at Facebook, on 30 September 2019, with specific asks around ads oversight in relation to the 2019 Presidential Election.

Download the letter as a PDF here. It is also reproduced in full below. Download letter in Sinhala here.

Emails following up the letter were sent to Mr Abeywardene on 9th October and again on 25th October. Neither Mr Abeywardene nor any representative from Facebook have responded in any official capacity to the original letter or either of the two follow-up emails, to date.

In addition to the substance of the letter to Facebook, the emails, with increasing urgency, flagged the role, reach and relevance of Facebook as the single-most important platform for political communications on social media in Sri Lanka, especially leading up to the Presidential Election. Arising from this, Facebook was implored to provide election monitors, the Elections Commission as well as citizens the tools – available in other regions and countries, including India – required for rigorous oversight of campaign spending across Pages and Groups affiliated to or acting as proxies of presidential candidates.

The letter to Mr Abeywardene on 25th October followed the first study of official campaign spending on Facebook across the official pages of three leading presidential candidates. CPA is releasing this letter in light of research, publicly posted, conducted by CPA Senior Researcher Sanjana Hattotuwa clearly flagging the seed, scale and spread of political content on Facebook, as well as work by the Centre for Monitoring Election Violence (CMEV), which pegs campaign spending by just the two leading candidates to be in the region of one billion rupees, just between 14 to 31 October 2019.

A chief concern of CPA is that Facebook’s oversight mechanisms for Sri Lanka’s consequential Presidential Election fall far short of what was rolled out even in India. Calls for the company to introduce the same tools and platforms for Sri Lanka have, for whatever reason, not resulted in any official response or rollout. Ironically, Facebook itself and social media writ large is rife with reports on the extremely problematic nature of political content in the campaigns, including but not limited to disinformation stoking communal tensions and more recently, attacks against members of the Election Commission, all run as ads on Facebook Pages.

The email on 9th October to Mr Abeywardene urged the company to be on the right side of history in enabling or activating tools to help stem the toxicity, disinformation and spread of false or misleading content over key Facebook products in the campaign(s) leading up to the Presidential Election, and beyond.

We are still awaiting a response on this score.

###

30 September 2019

Urgent need for rollout of platform affordances for greater oversight of campaign spending

Dear Senura,

Thank you for taking the time, with colleagues from Facebook in Delhi, to debrief me in detail around what Facebook has planned around the up-coming Presidential Election in Sri Lanka. I am glad that work with the Elections Commissions is proceeding apace, and trust that Facebook will also consult CPA and the Centre for Monitoring Election Violence (CMEV) with regard to voter education and other measures to strengthen electoral integrity.

As noted on the call, CMEV and CPA, along with others in Sri Lanka like Transparency International, have for years done a lot of work towards greater accountability around campaign financing. Details to this effect are on CMEV’s as well as CPA’s website, and a Google search away. Yet, tellingly, asset declarations as well as greater transparency around online campaign spending, including on Facebook, remain elusive. I have also passed on details around how one campaign, through an official Facebook page, has boosted content that was already debunked by Facebook’s own 3rd party fact-checker, AFP. This content served to incite violence and hate against the Muslim community through thinly veiled racism. Highlighting this example on Twitter led to many expressing concern that the platform needs to do more to stop this sort of content from being monetised, in violation of community guidelines as well as ad oversight guidelines. This ad is a harbinger of much more to come, and for Facebook, an urgent reminder of how much more scrutiny and oversight needs to go into the authorisation of ads.

Again, as noted on the call, Facebook also needs to more clearly and carefully define what it terms as a ‘political ad’ or ‘political content’ especially in the context of an electoral campaign, and ads that will taken out in Sri Lanka at this time.

I also wanted to reiterate the need to, on an urgent basis, make available in Sri Lanka, the Ads Library Report, https://www.facebook.com/ads/library/report/. This is available for India, and has led to important articles like https://economictimes.indiatimes.com/news/elections/lok- sabha/india/political-ad-spend-on-facebook-crosses-rs-10-cr-bjp-supporters-continue-to- lead/articleshow/68761641.cms?from=mdr to be published. On the call, a colleague from Facebook noted that the only roll-out planned at present is the release of the Facebook Ad Library, https://www.facebook.com/ads/library/?active_status=all&ad_type=political_and_issue_ads&country =ALL.

This is, however, is both entirely inadequate and unhelpful.

I see no valid reason for Facebook to treat Sri Lanka’s Presidential Election any differently than the Indian Lok Sabha election, and thus, make available in Sri Lanka the same oversight and resources that were rapidly iterated for India. As noted on the call, the fundamental difference between the two platforms is that while the Ad Library gives details about a specific public page or ad, the Ads Library Report gives a snapshot of spending by parties, politicians and sectors, at a glance, with exact amounts spent. This is urgently required for Sri Lanka, and will both vastly and concrete aid the work of journalists and civil society in the country, even without enabling legislation, to keep tabs on Facebook campaign spending – and for the first time in the country’s electoral history.

Without a more public, careful definition of what for the company ‘political content’ means, the greater oversight of boosted and monetised content and the availability of the Ads Library Report, Facebook risks the weaponisation of platform in the lead up to and after the Presidential Election in a manner that civil society cannot scrutinise, election monitors cannot study and the Elections Commission cannot oversee.

I trust the company will urgently look into these recommendations, informed by key insights from the doctoral study into Facebook weaponisation and content dynamics at scale, as well as the experience of working with CMEV / CPA on elections violence monitoring for over a decade.

Best regards,

Sanjana Hattotuwa
Senior Researcher
Founding Editor, Groundviews.org

CC: Dr. Paikiasothy Saravanamuttu, Executive Director, Centre for Policy Alternatives (CPA)

Centre for Policy Alternatives on 30 September, 2019

CPA calls for urgent action to address recent events in Mullaitivu District

30 September 2019, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply troubled by the recent incidents in the Mullaitivu District around the disputed land between a Neeraviyadi Pillaiyar Kovil and Mullaitivu Gurukanda Purana Rajamaha Viharaya, that is illustrative of the fault lines of conflict in post war Sri Lanka. The incident speaks to multiple issues of concern, ranging from the undermining of the rule of law to militarisation and competing land claims to ethno-religious tensions, and highlight the fragile peace that is under severe strain by nationalist forces. Considering what transpired and its implications for the rule of law and peace in Sri Lanka, CPA urges authorities to take all necessary steps to hold all those who acted in violation of a court order to account. Similarly, others who supported and/or are complicit must also be held to account.

According to media reports, the incident occurred when attempts were made to cremate Colomba Medhalankarakitti Thero, who resided in the Mullaitivu Gurukanda Purana Rajamaha Viharaya on land claimed to belong to the Neeraviyadi Pillaiyar Kovil. Locals and the Kovil Trustees protested this move, with the matter being taken to the Mullaitivu Magistrates Court with a court order issued preventing the cremation on the said land. Despite the court order and in direct violation of it, the cremation took place on the land claimed to belong to the Kovil on 23rd September 2019 with video footage showing Galagoda Aththe Gnanasara Thero and other monks leading the proceedings. Reports also indicate the tacit support of the police and military who failed to prevent the violation of the court order and the alleged assault of an Attorney-at-Law.

Gnanasara Thero has a history of incendiary conduct and has on more than one occasion been summoned before various Courts. The Thero was convicted by the Court of Appeal in August 2018 for contempt of Court for disrupting the functions of the Homagama Magistrate Court and threatening judicial officers and witnesses. However, in May 2019 he was given a presidential pardon. CPA is presently in court challenging the constitutionality of the pardon. The present instance is the latest in a series of incidents where Gnansara Thero has demonstrated his complete disregard for the law and contempt towards court and judicial officials. It is imperative that the Attorney General’s Department, the Police and the Judiciary take all measures to hold to account Gnansara Thero and all others involved in violating the court order.

Furthermore, the present incident occurs against the background of other contentious issues of militarisation, land occupation, competing land claims and allegations of changing ethnic demographics in post war Sri Lanka. CPA has for over two decades highlighted the complexity and contestation of land issues and its implications for reconciliation. Despite some limited gains since 2015, there continue to be challenges in fully implementing the Constitutional framework and formulating a transparent and inclusive Government plan to resolve land issues in the North and East. CPA reiterates calls for the authorities, political leaders, military and other stakeholders to revisit this issue without any further delay.

There are no quick fixes for these decades old problems which are further complicated by conflicts and by the post war government policy. These are further compounded by the uncertainty created in the wake of the Easter Sunday attacks, the resulting communal violence and Presidential elections to be held in November this year. It is in a context of heightened political, religious and ethnic sensitivities that the authorities need to take decisive steps to reinforce the rule of law and end the culture of impunity. Inaction at this moment will not only commend brutish behaviour and exacerbate the culture of impunity. It will also sow the seeds of future conflict and further imperil ethnic relations in Sri Lanka.

###

Download PDF of this statement in English here. Download in Tamil here. Download in Sinhala here.

Centre for Policy Alternatives on 23 August, 2019

CPA Statement in Response to Supreme Court Reference 01/2019

23rd August 2019, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) and its Executive Director Dr. Paikiasothy Saravanamuttu made submissions to the Supreme Court of Sri Lanka during proceedings today (23rd August 2019) on the questions posed by President Maithripala Sirisena in terms of Article 129(1) of the Constitution. In his Reference to the Supreme Court (SC/Ref/01/2019), President Sirisena requested the Court’s opinion on whether Provincial Council elections could be held under the new election law introduced by the Provincial Councils Elections (Amendment) Act, No. 17 of 2017 or whether the elections could be held under the old election law which existed before September 2017 baswed on section 6(2) of the Interpretation Ordinance.

In their written submissions dated 21st August 2019, CPA and its Executive Director took up the basic positions that:

  • A delay in any election is a violation of the Sovereignty of the People as recognised by Article 3 of the Constitution;
  • In light of the Review Committee failing to submit its report to the President in accordance with sections 3A (13) & (14) of the Provincial Councils Elections Act, No. 2 of 1988 (as amended), the President is empowered to issue a proclamation publishing the Report of the Delimitation Committee submitted to the Minister Assigned the subject of Provincial Councils;
  • The Review Committee is not as legitimate as the Delimitation Committee and the Delimitation Commission in terms of being independent, nonpartisan and representing Sri Lankan society as required by the delimitation process;
  • The Supreme Court should direct the President to issue such a proclamation immediately and direct that elections for the relevant Provincial Councils should be held without any further delay.
  • Section 6(2) of the Interpretation Ordinance is irrelevant/does not apply to the present circumstances.

CPA also urged the Supreme Court to be mindful that Provincial Council Elections could be used as a tool to delay Presidential Elections due later this year. Therefore, CPA requested the Court to make it clear to all stakeholders that all elections must take place at the time prescribed by law and that delay in any election is a violation of the Sovereignty of the People and the Constitution itself.

This reference comes in the wake of several manoeuvres by the government, with the support of the President, to postpone Provincial Council elections. In August 2017, CPA, its Executive Director and several other individuals challenged an attempt by the government to amend the Constitution in order to hold elections for all Provincial Councils on the same day on the basis that the government did not follow the correct procedure to amend the Constitution and because such an amendment would result in delaying elections. In determining that case, the Supreme Court unequivocally reaffirmed the position that delaying elections was a violation of the Sovereignty of the People. CPA also raised serious concerns about the rushed and non-transparent process followed by the government to enact Provincial Councils Elections (Amendment) Act, No. 17 of 2017. Due to the changes introduced by this Act, the Election Commission has been unable to conduct Provincial Council elections for the respective Provincial Councils as and when they became due. Accordingly, the terms of office of eight of the nine Provincial Councils have lapsed.

Since September 2017, CPA and other civil society organisations have continuously engaged with all relevant political actors to ensure that timely elections take place. However despite political rhetoric, neither Parliament nor the President have taken any meaningful steps to create an environment in which elections can take place. Whilst action by Parliament would have been preferable, it has not been forthcoming and there does not appear to be any political will to hold Provincial Council elections any time soon. CPA is thus engaging with the Reference before the Supreme Court in support of holding Provincial Council elections without any further delay, while also ensuring that Presidential Elections are held in a timely manner.

Download this statement in English here.

See CPA’s written submission here.

Centre for Policy Alternatives on 19 August, 2019

Concerns over the appointment of Major General Shavendra Silva as the Commander of the Sri Lanka Army and the need for urgent reforms

19th August 2019, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply concerned by President Maithripala Sirisena’s  appointment of Major General Shavendra Silva as the Commander of the Sri Lanka Army (SLA) and urges the Government of Sri Lanka to take immediate steps to review this appointment in light of the serious allegations levelled against Major General Silva. In January of this year, CPA raised similar concerns when Major General Silva was appointed the Chief of Staff of the SLA.  We are disappointed that the present Government, which committed itself to security sector reforms and accountability, has taken no action to address these concerns. Today’s appointment is in effect a repudiation of the promised reforms. It demonstrates a clear disregard for human rights norms, and will facilitate the further entrenchment of impunity in Sri Lanka.

Major General Silva was the Commanding Officer of the 58th Division of the SLA during the last stages of the war. Several public documents have levelled allegations against him of violations of International Humanitarian Law (IHL) and International Human Rights Law (IHRL). These include:

  • In 2011, the United Nations Panel of Experts (POE) named Major General Silva in their report with a recommendation for further independent investigations of violations committed during the war.
  • In 2012, the UN High Commissioner for Human Rights informed the United Nations Human Rights Council (UNHRC) that “there is at the very least the appearance of a case of international crimes to answer by Mr. Silva.”
  • Again in 2012, Major General Silva was removed from the UN Special Advisory Group on Peace Keeping Operations due to allegations levelled against his conduct during the final phase of the war.
  • In 2015, the report of the Office of the United Nations High Commissioner for Human Rights Investigation on Sri Lanka (OISL) documented several violations linked to Major General Silva and the 58th Division amounting to war crimes. These include intentional and indiscriminate attacks against civil populations in Killinochchi, Puthukkudiyiruppu (PTK), Putumattalan, Mullivaikkal and other areas that resulted in extensive civilian casualties and extensive damage to civilian objects. Evidence shows attacks on hospitals, No Fire Zones, UN bases and other areas comprising civilians, especially women, children and the elderly. The OISL report also examines the issue of surrenders including the high profile ‘white flag’ incident.
  • Also in 2015, the Paranagama Commission, which was appointed by the then President Mahinda Rajapaksa, referred to the ‘white flag’ surrenders and other cases and noted credible allegations of war crimes that required independent investigations.
  • In March 2019, the report of the UN High Commissioner for Human Rights raised concerns over the appointment of Major General Silva as Chief of Staff of the SLA, due to documented allegations of rights violations by troops under his command.

The above are a glimpse into the serious allegations levelled against Major General Silva. Despite their gravity, these allegations have not been properly investigated by either the previous or current Government. In fact, Major General Silva’s series of promotions demonstrates how these alleged violations appear to be rewarded. This also stands against the background of the Government’s own commitments made on security sector reforms and accountability, as part of UNHRC Resolution 30/1.

These issues are further compounded when considering the new security challenges Sri Lanka faces following the Easter Sunday attacks, a decade on from the end of the war. CPA notes that the on-going proceedings before the Select Committee of Parliament to look into these attacks of 21st April 2019, demonstrates the need for urgent reforms in the security and intelligence sector. The appointment of Major General Silva to the senior most position in the SLA whilst facing serious allegations, is unlikely to instil public confidence in the genuineness of the Government’s commitment to initiating the necessary reforms and to addressing impunity.

In such a context, whilst urging the Government to review the present appointment, CPA also urges the relevant Parliament Sectoral Oversight Committees to take a more robust role in monitoring the work of Major General Silva and the SLA and to take action to prevent Sri Lanka from sliding further towards a state where human rights violations are ignored and impunity thrives.

 

Download this statement in English, Tamil and Sinhala

 

 

Centre for Policy Alternatives on 9 July, 2019

RTI Commission ruling: CPA request on persons sentenced to the death penalty

In an urgent Appeal hearing today relating to a right to information (RTI) request filed by CPA, the RTI Commission ordered the Prisons Department to release details of persons convicted for drug-related crimes and sentenced to the death penalty.

CPA had originally filed the request with the Ministry of Justice and Prison Reforms, requesting the details of the persons convicted of drug related crimes on whom the death penalty can be imposed which the Ministry was reported to have forwarded to the President in February 2019. The request was initially refused by the Ministry and CPA had appealed onwards to the RTI Commission. When it was reported on June 26th that the President had signed the death warrants of four prisoners, CPA requested the RTI Commission to expedite its Appeal as the request now concerned the life and liberty of a citizen, as per section 25(3) of the RTI Act. The RTI Commission agreed and heard CPA’s Appeal alongside several other Appeals for similar information on July 2nd and today.

At the hearing today, both the Prisons Department and the Ministry of Justice and Prison Reforms complied with the RTI Commission’s directive to release the requested information. Both public authorities also gave public undertakings that they had not received any signed death warrants from the President.

The RTI Commission also set an Appeal hearing date for September in relation to an Appeal on a request filed by CPA to the Presidential Secretariat requesting the details of the four prisoners whose death warrants have reportedly been signed by the President.

Centre for Policy Alternatives on 8 July, 2019

Letter to MPs: Need For Legislative Reforms to Prevent the Execution of the Death Penalty

July 2nd 2019: CPA sent letters to all 225 Members of Parliament, urging them on the need for legislative reforms in the criminal justice system in Sri Lanka including the need to abolish the death penalty from all existing statutes.

The letter reads as follows:

President Maithripala Sirisena on 26th June 2019 commented of having signed four warrants to
execute inmates who are currently on death row. No details have been shared publicly on the
identity of the four individuals. The death penalty was not implemented in Sri Lanka since 1976 and
a moratorium for 43years is currently in force.

Since 2007 the UN General Assembly has adopted seven resolutions calling for the establishment of
a “moratorium on executions with a view to abolishing the death penalty” with Sri Lanka having
voted in favour of five of these resolutions, including most recently in December 2018. The
resuming of executions would, therefore, go against the position taken by Sri Lanka in the
international fora over the years. This is also in a context where a majority of countries have
abolished the death penalty in their respective contexts and there is a decrease of executions
carried out globally. Therefore, to revive the death penalty would be against this global human
rights trend. Further, it is now established that drug-related offences are not considered as ‘most
serious crimes’ under Article 6(2) of the ICCPR.

At the practical level, there is no evidence to demonstrate that the death penalty is a deterrence to
crime. It must also be noted in a country like Sri Lanka with prevalent impunity, corruption and
problems in the criminal justice, the possibility of an innocent person being convicted is extremely
high with the potential for a miscarriage of justice. As you are aware, the implementation of the
death penalty is irreversible and in the event of a miscarriage of justice may lead to a cruel and
inhuman degrading punishment and irreparable harm.

The Centre for Policy Alternatives (CPA) writes to you in the context of urgent legislative reforms
needed in the criminal justice system in Sri Lanka including the need to abolish the death penalty
from all existing statutes. Such a measure would ensure there is no miscarriage of justice and that
one single individual does not have the power to decide on life and death. We urge you as a
representative of the people to take this critical step to prevent an irreparable and irrevocable step
that can lead to taking the life of an individual. We also request you to explore the urgent need to
initiate criminal justice reforms including introducing reforms to address delays in the system and
structural reforms. Some of these issues have already been explored by the Parliament Sectoral
Committee on Legal Affairs (Anti-Corruption) and Media as well as other initiatives. CPA is also able
to assist if additional information is required and we look forward to engaging in this regard.

 

Download this letter in English, Sinhala, and Tamil.