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

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.

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 EnglishSinhala and Tamil.

 

 

 

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.

 

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 EnglishSinhala and Tamil.

Effective Action and Accountability Needed Now to Counter Religious Violence and Tension

May 23rd 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply concerned about recent attacks and threats against Muslim places of worship and businesses as well as the use of inflammatory and insulting rhetoric against Islam.  CPA unreservedly condemns these actions and calls on the government and the law enforcement agencies to hold to account without delay those responsible for them and take preventative measures against such actions without delay.  The failure to do so will nourish the politics of hate and harm and the culture of impunity, both of which were roundly rejected by our fellow citizens in 2015.

The need of the day is for reconciliation, peace and amity between all the peoples of our country.  There is no place for hate and division. The government must honestly and actively pursue reconciliation. It must acknowledge the divisions within society and put in place mechanisms at the community and national level to heal them and prevent further division.  Moreover, the basic tenets of good governance require that the law of the land be applied equally to all, without fear or favour, irrespective of the identity of the perpetrators of division and hate.  The peace and prosperity that this country deserves will be seriously retarded if such actions are allowed to go unchecked and unpunished.

CPA reiterates that the existing legal framework provides law enforcement authorities with ample tools to prevent such incidents and arrest perpetrators.  It is deeply troubling that law enforcement authorities use the existing legal regime to prevent and stifle other forms of peaceful protests and gatherings but continuously fail to show the same degree of enthusiasm and efficiency in apprehending the perpetrators of these attacks.

The President and current government, voted into office with the support of our fellow citizens of all ethnicities and faiths, must act with courage and foresight to halt this frightening and fatal trend.   None of our fellow citizens should have to live in fear or be subjected to abuse and violence on religious grounds or indeed on account of deliberate falsehoods spread against them by purveyors of hate.

This government must act -fast and without room for any doubt.  By word and by deed, it must send out a clear and cogent message that it stands for a united Sri Lanka with peace, amity and security for all of its peoples.

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

THE NEED TO REBOOT RECONCILIATION IN POST-WAR SRI LANKA

May 19th 2017, Colombo, Sri Lanka: The eighth anniversary of the end of the war draws attention to the progress made and prospects for meaningful reconciliation. At the expense of the multi-faceted challenge of transitional justice and reconciliation, attention, in recent years, has focused heavily on the last stage of the war, in particular the allegations of international crimes against both sides, the demand for accountability, the modalities and the mechanism in respect of it.  Consequently, many Sri Lankans remain deeply divided and aggrieved on account of the decades of structural injustices, political violence and other egregious failures of governance by successive governments and non-state actors.

Worryingly, over two years into the present government, the full realization of governance reforms is under severe challenge and reconciliation increasingly elusive. In such a context, the Centre for Policy Alternatives (CPA) urges the government of President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe to launch a programme of action to expedite realisation of the promises made in 2015 on constitutional reform, transitional justice and governance. It must be a truly national programme, capitalising on the unique feature of the victorious coalition of 2015 as the largest and broadest in our post-independence history. This design and execution of this programme of action should be treated as a matter of the utmost national priority with the support and participation of the public galvanized, accordingly.

Over the years Sri Lanka has missed several opportunities for conflict transformation and peace building. The opportunity for reconciliation presented by the end of the war was ignored by an authoritarian and triumphalist regime with no interest in addressing the grievances of victims and affected communities. Instead, it sponsored and presided over unprecedented levels of militarization, corruption, nepotism, disregard for dissent and free speech, attacks on minorities and the entrenchment of the culture of impunity. Promises to investigate past abuses resulted in tokenistic efforts of appointing commissions of inquiries and investigations, which failed to provide answers to the thousands of our fellow citizens searching for truth and justice.

January and August 2015 saw significant numbers of Sri Lankans rejecting this authoritarianism by voting in an unprecedented coalition government promising a new and democratic political culture and a genuine process of reconciliation. More than two years after, the prospect for change is fast diminishing, with little to show in the public domain by way of tangible change. Despite some early progress such as the enactment of the 19th Amendment to the Constitution and Right to Information legislation, many Sri Lankans continue to be left out of key processes that define their future and that of the country. The persistent protests by victims and affected communities across Sri Lanka is a sign of the many areas requiring urgent attention and the growing perception that this government is no different to previous ones. Recent months have also evinced a near shut down of citizen engagement in policy reform, increased secrecy in the drafting of legislation and policies accompanied by the introduction of legal frameworks with disastrous implications for rights protection and due process. Furthermore, despite the rhetoric of reconciliation, this government has yet to engage with a cross section of society on a policy aimed at reconciliation and coexistence. In doing so it will be confronted with and hopefully comprehend, the complexities and challenges associated with it. Moreover, the initial enthusiasm for confidence building measures such as land releases and the addressing of issues of enforced disappearances has stalled, with the Office of Missing Persons yet to be established. None of the mechanisms promised in 2015 to address transitional justice have been established to date.

There is no easy prescription for the deep divisions and mistrust caused by decades of violence and injustices. Reconciliation is a long and messy process that must examine, acknowledge and recognise the painful and divisive past. It is a process that requires visionary leaders willing to take risks and transcend narrow and self-serving positions, steering citizens through tumultuous times and in the process, building trust between deeply divided communities. The ambivalence by sections of the governments towards the full implementation of reforms and reckoning with the past is, perhaps, not surprising, considering the exigencies of coalition government. But in a post war context where ambitious promises were made, the apparent absence of leadership transcending this and the squandering of a unique opportunity for reform, is indeed both disappointing and disturbing. The onus is on President Sirisena and Prime Minister Wickremesinghe to champion what was promised and reenergise the reform project. Inaction and apathy now will dash the hope of meaningful reconciliation and pave the way to greater authoritarianism.

Download the statement in EnglishSinhala and Tamil.