Centre for Policy Alternatives on 21 June, 2017

An enduring fear: Aluthgama in 2017

The homes that were burned and the stores that were damaged have been rebuilt; Aluthgama’s infrastructure hides the violence that it recently bore. Three years ago, around Poson poya day that fell in the middle of the month of Ramazan in 2014, a destructive display of racially-motivated violence occurred that continues to haunt its streets, long after the brick and mortar damage has been rebuilt.

This piece compiles interviews, photos and observations from a visit to Aluthgama in June 2017. Created using Microsoft Sway, it can be accessed here and is embedded below.

Centre for Policy Alternatives on 18 June, 2017

Serious Concerns with Recent Comments Made Against Attorney-at-Law Mr. Lakshan Dias

18 June 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply concerned about a recent statement made by Mr. Wijedasa Rajapakse, Minister for Justice and Buddha Sasana, stating that he would “take necessary steps to remove Mr. Lakshan Dias from the legal profession” if Mr.Dias did not apologise within 24hours for a recent statement Mr. Dias made on the television programme ‘Aluth Parlimenthuwa’, Derana TV, 14th June 2017, on attacks against Christian places of worship in Sri Lanka.

CPA treats such statements by a Minister as a threat and one made against a lawyer and human rights defender who has over several decades diligently and persistently defended against attacks on fundamental freedoms and human rights. In his professional capacity he has appeared in court to uphold the fundamental rights guaranteed in the Constitution and legal framework of Sri Lanka. The Minister’s statement, intentionally or negligently misstates the issues raised by Mr Dias. We also see such threats by a senior minister as a veiled threat against anyone critical of the government, a blatant and clumsy attempt to curtail fundamental rights guaranteed in the Constitution of Sri Lanka.  Our deep concern and disappointment is compounded by the expectations of governance and democratic freedoms raised by the current government in the promises made in its ascent to office.

We understand that the reference to attacks made by Mr. Dias is based on documentation compiled by the National Christian Evangelical Alliance of Sri Lanka (NCEASL) and his reference was to 195 incidents since 2015. Minister Rajapakse goes on to state that the statement made by Mr. Dias is incorrect, as he had checked with Cardinal Malcolm Ranjith, who in turn has denied knowledge of any attacks against  Catholics. We urge the Minister to be both aware of and sensitive to the pluralism and diversity within our religious communities in his verification of facts. Credible and comprehensive verification of facts is critical and should be adhered to by ministers, religious leaders, officials, civil society representatives and others. Independence and impartiality are of utmost importance in ensuring that responsible statements are made, deep divisions in out post-war society not exacerbated or fundamental rights curtailed.

CPA urges Minister Rajapakse to broaden his sources of information and verification and to desist from threatening human rights defenders – a bad practice of governments from the past. He must ensure that no harm comes to Mr Dias as a consequence of his threat.

We reiterate our calls to President Sirisena and Prime Minister Ranil Wickramasinghe to launch an independent investigation of recent attacks against religious minorities, places of worship and businesses as a matter of national priority and to take all necessary action within the present legal framework to arrest and prosecute perpetrators. The government must take speedy and effective steps to restore the trust and confidence of all communities in its willingness and ability to protect and defend the rights of all its citizens.

Download as a PDF in English here, in Sinhala here and in Tamil here.

Centre for Policy Alternatives on 14 June, 2017

Corridors of Power | Website launch

14 June 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is pleased to announce the launch of a dedicated website for the international award-winning ‘Corridors of Power’, a path-breaking project marrying constitutional reform and theory with architecture.

The project was selected as a finalist in Fast Company’s World Changing Ideas 2017 awards, under the Urban Design category.

Access the website at http://www.corridorsofpower.org

As noted online, “Fast Company sifted through more than 1,000 truly impressive entries to find the ones our panel of judges thought were the best combination of creative problem solving and potential to change our world for the better.”

Conceived of and curated by Sanjana Hattotuwa working in close collaboration with leading constitutional theorist Asanga Welikala and renowned architect Channa Daswatte, ‘Corridors of Power’ through architectural drawings and models, interrogates Sri Lanka’s constitutional evolution since 1972.

The exhibition depicts Sri Lanka’s tryst with constitutional reform and essentially the tension between centre and periphery. The exhibits include large format drawings, 3D flyovers, sketches and models reflecting the power dynamics enshrined in the the 1972 and 1978 constitutions, as well as the 13th, 18th and 19th Amendments.

The exhibition premiered late 2015, was taken around Sri Lanka in 2016 and will also be taken to key cities over the course of 2017. To our knowledge, nothing along these lines has ever been attempted or created before. The idea is also a model for other country’s to interrogate, through participatory design and visualization, what their citizens think of constitutional rule.

More details here.

Access the website at http://www.corridorsofpower.org

Centre for Policy Alternatives on 9 June, 2017

Guide to the Recommendations from the Consultation Task Force (CTF) on Reconciliation Mechanisms

The observations and recommendations of the Consultation Task Force on Reconciliation Mechanisms (CTF) Report are informed by the consultation process and relate to the context in which reconciliation is being pursued and the proposed mechanisms to achieve it.  This guide attempts to capture key recommendations of the CTF Report and is not an exhaustive resource. The entire report can be accessed here.

Download the guide here.

Centre for Policy Alternatives on 6 June, 2017

Press Release on SC SD 7/2017 [Code of Criminal Procedure (Special Provisions) Act No 2 of 2013 (Amendment) Bill]

6th June 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) welcomes the decision of the Government to withdraw the “Code of Criminal Procedure (Special Provisions) Act No 2 of 2013 (Amendment) Bill” (the Bill). The undertaking was given today in the Supreme Court by counsel appearing for the Attorney General’s department when the special determination was taken up to hear Petitions challenging the constitutionality of two provisions in the Bill, including a Petition filed by CPA and its Executive Director (SC SD 7/2017).

CPA argued that Sections 6A(2) and (6) of the Bill’s Clause 2 were inconsistent with Articles 3, 4 (d), 11, 12(1), 13(1), 13(2), 13(3), 14(1) and 17 of the Constitution. These provisions, if enacted, will allow an Officer in Charge of a police station to deny lawyers access to detainees and the premises of the police station if such access would be “prejudicial” or shall “affect” the investigation being conducted. Because of this, these provisions are inconsistent with the rights of persons in custody guaranteed under the Constitution and the law.

CPA argued that the right to a fair trial under the Constitution includes the right to a lawyer for anyone in custody. Sections 6A(2) and (6) of Clause 2 of the Bill are drafted in a way that is too broad with no objective criteria to determine the prejudice or effect a detainee’s access to a lawyer or the lawyer’s access to a police station may have on an investigation being conducted. This restricts the ability of a lawyer to adequately represent their client. The provisions are also open to abuse as they may allow further violations of detainee’s rights, including the right not to be tortured.

CPA notes that while these provisions are proposed to operate only temporarily, similar temporary legislation such as the Prevention of Terrorism Act (PTA) became permanent over time. CPA’s concerns with the Bill were raised previously when it was gazetted on 6th March 2017. In light of the undertaking given in court, CPA urges the Government to call for submissions in this regard and have a consultation with all relevant stakeholders, ensuring that the process is transparent and inclusive.

Download the full release in English, Sinhala and Tamil.

 

 

 

Centre for Policy Alternatives on 1 June, 2017

The Centre for Policy Alternatives vs. Attorney-General (SC SD 7/2017)

June 1st 2017, Colombo, Sri Lanka: The Bill titled “Code of Criminal Procedure (Special Provisions) Act No 2 of 2013 (Amendment) Bill” (the Bill) was placed on the Order Paper of Parliament on 25 May 2017. The Centre for Policy Alternatives (CPA) and its Executive Director filed a Petition on 31 May 2017 in the Supreme Court (SC SD 7/2013) challenging the constitutionality of two provisions in the Bill.

CPA argued that Sections 6A(2) and (6) of the Bill’s Clause 2 were inconsistent with Articles 11, 12(1), 13(1), 13(2), 13(3), 14(1) and 17 of the Constitution. These provisions, if enacted, will allow an Officer in Charge of a police station to deny lawyers from accessing detainees and police stations if such access would be “prejudicial” or shall “affect” the investigation being conducted. Because of this, these provisions are inconsistent with the rights of persons in custody guaranteed under the Constitution and the law.

The right to a fair trial under the Constitution includes the right to a lawyer for anyone in custody. The provisions are drafted in a way that is too broad with no objective criteria to determine the prejudice or effect a detainee’s access to a lawyer or the lawyer’s access to a police station may have on an investigation being conducted. This restricts the ability of a lawyer to adequately represent their client. The provisions are also open to abuse as they may allow further violations of detainee’s rights, including the right not to be tortured.

CPA notes that while these provisions are proposed to operate only temporarily, similar temporary legislation such as the notorious Prevention of Terrorism Act (PTA) became permanent over time. CPA further notes that the provisions in the Bill are inconsistent with the government’s stated commitment to a zero-tolerance policy towards torture.

 

Centre for Policy Alternatives on 1 June, 2017

A Call to President Maithripala Sirisena: Establish the Office of Missing Persons Immediately

1st June 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply concerned with the inaction of the Government of Sri Lanka in realising key promises made to a significant number of its citizens about the search for their disappeared and missing loved ones. Despite the numerous calls for action including persistent protests by victims, their pleas have gone unheeded. The ambitious promises made in 2015, including the establishment of the Office of Missing Persons (OMP) and the criminalising of enforced disappearances, are yet to be fulfilled.

Legislation to establish the first permanent and independent mechanism to investigate enforced disappearances and missing persons was enacted by Parliament in August 2016. Despite shortcomings in the drafting process, CPA welcomed the legislation as a genuine opportunity to break from the past and provide answers to victims. More than nine months after the legislation was enacted, CPA is disappointed that the OMP remains yet another elusive mechanism. Moreover, CPA is concerned that rather than establish the OMP, the Government has introduced draft legislation to diminish the OMPs ability to enter into agreements necessary to achieve its mandate. This amendment could potentially impede the functioning of the OMP as an independent and effective institution. CPA is informed that the OMP Amendment Bill (Office on Missing Persons (Establishment, Administration and Discharge of Functions) (Amendment) Bill) is presently listed for debate in Parliament on 7th June 2017. In such a context, CPA reiterates its previous calls and urges President Maithripala Sirisena to fulfil his constitutional duty and take steps to establish the OMP, appoint independent and experienced individuals to the OMP and provide for the necessary resources and assistance for its effective functioning. Any new amendments to the legislation should be done in good faith and should not vitiate the purpose of the OMP.

Enforced disappearances and missing persons are issues that have plagued Sri Lanka for several decades, with successive governments appointing numerous commissions and committees with little or no follow up action. CPA has commented on the numerous flawed state initiatives that failed to deliver on truth and justice to victims, with many initiatives re-traumatising victims and giving false hopes. In effect, such initiatives made a mockery of the dignity of victims, with the delays and inaction further exacerbating the culture of impunity. These are reminders as to why another committee, as indicated in recent statements by President Sirisena, will be a mistake. It will further compound the notion that the Executive President, by design or omission, is more inclined to perpetuate the silence and impunity that fosters deep divisions and mistrust than assist thousands of his fellow citizens in finding answers about the disappearance of their loved ones.

Decades of wrongs by the State and non-state actors have had a profound impact on citizens across Sri Lanka and contributed to a legacy of violence. Inaction and apathy now will strengthen the hands of the critics waiting for the Government to squander this unique opportunity to usher in reforms for truth, justice and reconciliation. More than eight years after the end of the war and two years into the “Yahapalanaya government”, time is of the essence for the Government to deliver on some of its most crucial promises. President Sirisena must act now!

CPA’s previous statements and documents on the OMP and related issues can be found at: www.cpalanka.org and www.tjsrilanka.org

Download the full release in English, Sinhala and Tamil.