Centre for Policy Alternatives on 3 November, 2017

Response to the Venerable Bellanwila Wimalaratne Thero’s Comments on the Centre for Policy Alternatives

2 November 2017, Colombo, Sri Lanka: On Saturday 28th October, both Hiru and Ada Derana News broadcast ideas about the Centre for Policy Alternatives (CPA) expressed by the Venerable Bellanwila Wimalaratne Thero. Addressing a conference of Bikkhus at the Dhammikaramaya in Ratmalana on the proposed new constitution, the Venerable Thero stated that CPA and its Executive Director Dr. Paikiasothy Saravanamuttu are behind “constitutional courts” and are “pumping” the constitutional reform process with “NGO money”. A report to this effect was also published in the Lankadeepa newspaper on 1st November 2017.

CPA strongly rejects the statement made by the Venerable Thero. His comments unfortunately associate him with the extremist opponents of the constitutional reform process. These extremists have labelled supporters of a new constitution “traitors”, threatened them with death and called for Parliament to be bombed if a new constitution is passed by its members. In this context, CPA is appalled and saddened by these remarks of such a highly respected member of the Sangha.

CPA also notes that the Venerable Thero does not produce any evidence in respect of the allegations made against CPA and its Executive Director’s purported role in the constitutional reform process. Accordingly, CPA regrets to have to state that such remarks by such a personage are alarmingly irresponsible and even inflammatory.

Our shock and sadness in this regard are compounded by the fact that the Venerable Thero made a deeply respected contribution to our ‘Never Again’ public interest television campaign in 2008 marking the 25th anniversary of Black July, the central message of which was non-violence and peaceful coexistence amongst all the peoples of our country.

In keeping with its non-partisan organisational mandate, CPA has engaged in strengthening good governance and democracy in Sri Lanka since its inception in 1996. CPA will continue to work on research and advocacy to build broad public support for a new constitution.

CPA fervently hopes that the public debate on the new constitution can be carried out without misinformation, insinuations and threats of violence, which are all reminiscent of the recent past. We believe our country needs a new constitution that meets the aspirations of all of its peoples and comprehensively rejects the politics of hurt, harm and hate. We strongly appeal to our fellow citizens, politicians and all religious leaders to engage in and lead an informed, responsible and constructive debate on this pivotal issue.

Download this release in English, Sinhala and Tamil.

Centre for Policy Alternatives on 26 September, 2017

CPA Statement on the Release of the Interim Report of the Steering Committee to the Constitutional Assembly

26th September 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) welcomes the presentation of the Interim Report of the Steering Committee to the Constitutional Assembly on 21st September 2017. CPA now calls on the government to firmly commit to the next steps of the constitutional reform process, including by providing clear dates on when the next debates of the Constitutional Assembly will occur; when the Final Report accompanied by the Draft Constitutional Proposal will be released; and when the consideration and approval of the Draft Constitutional Proposal is scheduled. CPA also calls for clarity on if further public consultation on either the Interim Report or the Final Report and Draft Constitutional Proposal is planned.

A clear roadmap and commitment to the remaining stages of the constitutional reform process is essential. CPA notes with concern, as it has repeatedly done, the lack of clarity, insufficient prioritisation and accordingly, immediacy, with regard to the process, particularly over the course of this year. The Interim Report was initially promised in December 2016, and therefore comes after substantial delay. The lack of information and direction about the process, even by members of the Constitutional Assembly themselves, has seemed endemic.

The absence of clarity, focus and speed has substantially blunted the momentum behind the constitutional reform process after a promising start in 2015 and over 2016. It has also allowed for a number of anti-reform forces to group and organise, and for anti-reform narratives to firmly take root. These narratives threaten not only the constitutional reform process but the government’s wider reform agenda.

The promise of the present historic moment of inclusive constitutional reform must not be squandered. Previous major constitutional reform efforts throughout Sri Lanka’s history have failed precisely due to a lack of clarity, direction and immediacy. A clear commitment to the constitutional reform process with a detailed articulation of the next steps is the only way to avoid this and to ensure that the process succeeds.

Download the statement in English, Sinhala and Tamil.

Centre for Policy Alternatives on 25 September, 2017

CPA statement on passage of Provincial Councils Elections Amendment Act

25th September 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is extremely concerned by the rushed and non-transparent process followed by the government to amend the Provincial Councils Elections Act. This amendment Act was passed by Parliament on 20th September 2017 with the support of more than two-thirds of the Members of Parliament. Due to a substantial number of committee-stage amendments that were adopted, the Act that was passed was materially different to the Bill that was gazetted (on 10th July 2017), tabled in Parliament (on 26th July 2017), and examined by the Supreme Court. The original Bill was only to provide for a quota of 30% for female candidates on the nomination papers submitted at Provincial Council elections. However, from the information available in the public domain (CPA has not seen the final Act) the Act that was passed changes the electoral system for elections of Provincial Councils and provides for a quota of 25% for women in all Provincial Councils.

At the outset, CPA notes that changing the electoral system to a Mixed Member Proportional system and the introduction of a quota for women in Provincial Councils are both welcome changes. However, the rushed manner in which these changes were made is contrary to the principle of representative democracy. The amendments, which completely changed the policy behind the Bills, were not made public to allow for any public debate or scrutiny, and were not subject to discussion even at the relevant Sectoral Oversight Committee. This procedure is particularly problematic when engaging in complex issues such as electoral reform, which requires complicated political compromises and mathematical formulae to be translated into legislative language.  Special care needs to be taken to ensure that the legislation drafted is not unworkable. Although what the government did was technically legal, the procedure adopted sets a bad precedent and brings into question the government’s commitment to transparency in governance, and to enabling the new sectoral committee system to perform its scrutiny and accountability role in any meaningful way.

The Sri Lankan constitution allows only for a limited “pre-enactment review of Bills of Parliament” seven days after a Bill has been placed on the order paper of Parliament. By adopting the process it did, the government has taken away the right of citizens of Sri Lanka to have the proposed amendments examined by the Supreme Court. The government has thus reinforced the concerns expressed by CPA and many others about executive dominance and the lack of transparency in the law-making process. CPA reiterates that legislation should not be passed in a rushed manner and that the constitutional role of Parliament and the constitutional rights of citizens in the law-making process should be respected.

The effect of the Act would be to postpone Provincial Council elections for at least six months. This is because the new electoral system requires demarcation of constituencies, which is a complicated and often contested process. The powers of the Provincial Councils whose term of five years will expire in the meantime will be exercised by the President and/or Parliament under Article 154L and 154M of the Constitution. This seriously impacts, as well as reflects adversely upon the government’s commitment to, the principle and practice of devolution. It is also entirely possible that this gap in democratically elected institutions at the Provincial Council level could continue beyond six months and impact all Provincial Councils. This precedent could easily be used by any government that intends to cripple the Provincial Council system in the future. In this context, it is disappointing that the Tamil National Alliance (TNA) supported this Act with little regard to the considerable attack on devolution that the Twentieth Amendment Bill (now aborted) and this Act cumulatively represent.

CPA notes that this drastic procedure was adopted after the Supreme Court determined that the Twentieth Amendment to the Constitution Bill would require a referendum to be enacted. This creates the perception that the government has passed this Act to postpone elections. Provincial Councils are constitutionally established, and democratically elected institutions, and it is not legitimate for the government to interfere with such devolved institutions for whimsical reasons or to overcome its own strategic blunders. The postponement of elections is a serious violation of the sovereignty of the people and should only happen in exceptional circumstances if at all. The government has articulated no such exceptional circumstances. In light of several unfulfilled promises by leaders of the government regarding the date for elections for local authorities, there is no guarantee that elections for Provincial Councils will actually happen in six months as the government promises. CPA further calls on the TNA as the main opposition party in Parliament to put pressure on the government to ensure elections take place as promised.

CPA calls on the government to abide by its promise and ensure that all necessary steps are taken to conduct local authority elections before the end of January 2018 and Provincial Council elections before end of March 2018. CPA further insists that the government engages in law-making in a transparent manner that respects citizens’ rights as well as the role of Parliament, particularly in relation to constitutional issues.

Download the full release in English, Sinhala and Tamil.

Centre for Policy Alternatives on 14 September, 2017

150 Years Later: The Story of Tea – campaign recap

In August 2017, we celebrated 150 years of tea production in Sri Lanka. While there was much reported in the media around celebratory events by tea producers, distributors, and the hospitality industry, and the future of Ceylon tea, there was little to no mention whatsoever of the tea plantation workers without whose contribution the industry would not exist.

With the objective of creating more visibility and awareness and to ensure that key narratives do not remain invisible during this significant anniversary, CPA’s civic media output – by way of Groundviews, Vikalpa and Maatram – were anchored to key issues facing the tea plantation workers to coincide with the 150-year anniversary celebrations, as it is important to consider issues faced by the workers who sustain the industry. The output focused on the change (or lack thereof) in the lives of the workers 150 years since the start of the industry, including a plethora of issues faced by them and their families, challenges for the future, areas for reform and strengthening rights. Content is in all three languages, through short-form video, photography, long-form journalism and other interactive media, and has been compiled below.

This project was supported by Democracy Reporting International.

#GlobalCeylonTeaParty | ‘අපි මේ රටේ පුරවැසියෝ නෙමෙයිද?’ [Video]

#GlobalCeylonTeaParty | හැම ‘තේ’ කෝප්පයකම යට ‘කඳුළු කතාවක්’ තියනවා

 

150 வருட பூர்த்தி: உரிமைகளை பெறுவதில் அந்நியப்படுத்தப்பட்டுள்ள தோட்டத் தொழிலாளர்கள்

“வலிச்சா வௌக்கெண்ணதான் மருந்து…” (புகைப்படக்கட்டுரை)

“நம்ம மாதிரி கஷ்டப்படக்கூடாது, இந்த தேயிலையில…”

“பதிமூனாயிரத்துல இப்ப 500 ரூபா மட்டும்தான் மிச்சமிருக்கு…”

STORYSPHERE: “ராமசாமியையும் ராமாயியையும் ஏன் அழைக்கவில்லை…?”

STORYSPHERE: “ஹொஸ்பிட்டலுக்கு  கொண்டுபோக வாகனம் கூட இல்ல…”

 

From Tamil Nadu to Badulla: A Century in the Tea Estates of Sri Lanka

The Road to School: Access to Education in the Plantation Sector

Like Drought Parched Earth: The Painful Injuries Sustained By Tea Pluckers – content from Maatram

Roti and Rice: Examining Imbalances in Nutrition for Children in the Estate Sector

The Forgotten Brew: The Struggle for rights and representation in Sri Lanka’s low-country estates

STORYSPHERE: Education at Risk

STORYSPHERE: The Daily Journey

STORYSPHERE: In Search of Work

 

This House is not a Home: The struggle for addresses and land in the estate sector

Centre for Policy Alternatives on 13 September, 2017

CPA Concerned with Process to Operationalize the Office on Missing Persons (OMP)

13th September 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) raises serious concerns with the issuing of Gazette (extraordinary) No 2036/21 on 12th September 2017 by President Maithripala Sirisena qua Minister of National Integration and Reconciliation. CPA previously raised concerns when President Sirisena issued Gazette (extraordinary) 2028/45 assigning the Office on Missing Persons (Establishment, Administration And Discharge Of Functions) Act No 14 of 2016 [Office on Missing Persons Act], to the Minister of National Integration & Reconciliation.

CPA’s previous statement raised a key constitutional point in terms of the assigning of subjects or functions of ministries as provided by the 19th Amendment to the Constitution. As pointed out, prior to the 19th Amendment the President could assign to himself any subject or function not assigned to any other Cabinet Minister. This provision was repealed by the 19th Amendment. However a special exception was made for the person holding office as President on the date of commencement of the 19th Amendment. After the General Election of August 2015, the President in terms of Article 43 (2) of the Constitution issued two Gazettes appointing Members of Parliament in charge of Ministries. Thereafter in terms of Article 43 (1) of the Constitution, the President issued Gazette (extraordinary) 1933/13 dated 21st September 2015 which, assigned subjects and functions to the previously allocated Ministries. Furthermore this gazette of (1933/13 dated 21 September 2015) established a “Ministry of National Integration & Reconciliation” which had not been allocated to any Member of Parliament. However the President does not have the power to assign to himself any subjects and functions outside those specified in section 51 of the 19th Amendment. As such the parts of Gazette (extraordinary) 1933/13 dated 21st September 2015, which assigned to the President powers as the Minister of National Integration & Reconciliation are unconstitutional. Following from this, questions are raised with the two gazettes issued in July and September 2017, with the latter being issued by President Sirisena qua Minister of National Integration and Reconciliation. As a result, the legality of the act to operationalize the Office on Missing Persons (OMP) as provided under Section (1)2 of the Office on Missing Persons Act is now in question.

CPA is disappointed by what seems a complete disregard towards the constitutional framework in Sri Lanka and commitments made in 2015 to usher in good governance, rule of law, democracy and reconciliation. It is also a sad reflection of a process that has been flawed from the outset, resulting in numerous delays and obstacles in the enactment of the legislation, establishment and operationalizing of the OMP. CPA welcomed the commitment to establish the OMP, a crucial step in the search for the truth but the continuous delays and errors compounding the establishment of the OMP further exacerbate the uncertainty for thousands who continue to search for the disappeared and missing loved ones. This must be immediately addressed. CPA reiterates its previous call for swift action to correct this erroneous and arbitrary move and to ensure that the establishment and operationalizing of the OMP is done in adherence to the constitutional framework in Sri Lanka. Any exception in this regard will question the integrity of the OMP and much needed work towards addressing past abuses and impunity in Sri Lanka.

Download the release in English here, Tamil here and Sinhala here.

Centre for Policy Alternatives on 29 August, 2017

CPA Challenges the Twentieth Amendment to the Constitution Bill

A Bill titled ‘The Twentieth Amendment to the Constitution’ (the Bill) was placed on the Order Paper of Parliament on 23rd August 2017. The Centre for Policy Alternatives (CPA) and its Executive Director filed a Petition on 28th August 2017 in the Supreme Court, stating that the Bill can only be passed in Parliament with a special majority (2/3rds of the Members of Parliament) and with the approval of the people at a referendum. Our petition is based on the following arguments:

First, the Bill fails to comply with a mandatory procedural requirement for constitutional amendments. Article 154G(2) of the Constitution requires any amendments to the devolution framework established by the Thirteenth Amendment to be referred by the President to every Provincial Council for the expression of their views before being placed on the Order Paper of Parliament. This procedure was not followed in this case. The importance of this requirement is that it enables Provincial Councils to express their views on a constitutional amendment Bill, and to give the government an opportunity to accommodate those views, before a final Bill is presented to Parliament.

Second, CPA contends that the Bill violates Article 3 of the Constitution. Article 3, which affirms the sovereignty of the people, recognises that the franchise is a part of that sovereignty. After the Thirteenth Amendment introduced devolution, this includes the right of citizens in the nine Provinces to elect a Provincial Council of their choice. The Bill negatively affects the people’s franchise because it transfers to Parliament the power of a Provincial Council to decide when that Council should be dissolved. As a result, it delays the opportunity of citizens in Provinces whose Provincial Council terms end before the “specified date” in the Bill, to vote for a new Provincial Council until then. Equally, the mandate citizens have given to Provincial Councils whose terms end after the “specified date” in the Bill is cut short by the Bill.

Following on from this, CPA further argues that the Bill may infringe Article 10 of the Constitution which affirms the freedom of thought and conscience. The Bill would restrict the ability of citizens in certain Provinces to exercise choice as their thought and conscience may dictate at a Provincial Council election. The combined effect of the Bill’s infringements of Articles 3 and 10 is a derogation of the people’s sovereignty by taking away their franchise, and consequently, a violation of their freedom of thought and conscience. The Constitution does not permit any restrictions to be placed on the freedom of thought and conscience.

CPA wishes to emphasise that, beyond its legal defects, the Bill represents a departure from several of the government’s stated promises. First, it creates the perception that Provincial Council elections are being delayed for politically expedient reasons as the government is postponing facing the electorate. This runs counter to the government’s promise to uphold democracy and respect the will of the people, and to facilitate the electoral process in a non-partisan manner. The Bill also backtracks on devolution by taking away the power of Provincial Councils. This contradicts the government’s promise to ensure maximum devolution within a unitary state. The Bill undermines the Thirteenth Amendment and proceeding with it would call into question not only the government’s commitment to devolution, but also its political integrity, and its commitment to democracy.

 

Centre for Policy Alternatives on 17 August, 2017

This House is not a Home: The struggle for addresses and land in the estate sector

The workers of Sri Lanka’s tea estates have faced a myriad of challenges for as long as the industry has existed. A century and a half since the first plantations were introduced, these challenges still persist, along with several others that have arisen over time.

Conditions in the estate sector continue almost unchanged, despite post-war development drives coupled with promises from government to uplift their standards of living and work. Exemplifying the administrative neglect of these communities is the fact that many plantation sector workers have never had a permanent contact address to their name.

The Centre for Policy Alternatives, along with several local partner organisations, has worked on projects aimed at bringing dignity to this marginalised community through obtaining addresses for each home.

Access the content here – it is also embedded below.

This House is not a Home

August 2017 marks 150 years of tea production in Sri Lanka. To mark this anniversary, there have been several celebratory activities and events planned throughout the year, including a Global Tea Party, International Tea Convention and a charity auction. While there has been much reported in the media around these events, there has been little mention of the tea plantation workers without whose contribution the industry would not exist. With this in mind, Groundviews, Maatram and Vikalpa – the Civic Media network of the Centre for Policy Alternatives – will be creating a series of features aimed at raising awareness around the hardships faced by workers and their families.