Centre for Policy Alternatives on 10 March, 2017

CPA STATEMENT ON PROPOSED AMENDMENT TO THE CODE OF CRIMINAL PROCEDURE (SPECIAL PROVISIONS) ACT NO. 2 OF 2013 – (RIGHTS OF DETAINEES – ACCESS TO LEGAL COUNSEL)

The Centre for Policy Alternatives (CPA) is deeply concerned by the Bill titled Amendment to the Code of Criminal Procedure (Special Provisions) Act No. 2 of 2013 – (rights of detainees – access to legal counsel) which was approved by Cabinet of Ministers on the 21st February 2017 and gazetted on the 6th March 2017.

The Bill is meant as an improvement on a previous Bill to amend the Code of Criminal Procedure, which the government did not proceed with due to concerns raised by several stakeholders including CPA. CPA notes that the present Bill seeks to provide statutory recognition to some of the existing constitutional and administrative safeguards for detainees in relation to access to lawyers, which are needed. However, we are alarmed at the proposed clauses 6A(2) and 6A(6), which are seriously flawed. These provisions, if enacted, allow for a situation were the Officer in Charge of a Police Station can deny lawyers from accessing detainees and even police stations if such access would “impede ongoing investigations”.

In a context where there is a well-documented history of custodial torture and abuse of power by the Police, providing such broad powers to an Officer in Charge is deeply troubling and unacceptable. Furthermore, these over-broad clauses would render meaningless the other rights enumerated in the Bill. As such the Bill would curtail existing constitutional and administrative protections for detainees, and like its previous avatar, facilitate the violation of rights including the commission of custodial torture. It would seem therefore that the aforementioned clauses of the proposed Bill are inconsistent with the government’s stated commitment to a zero-tolerance policy towards torture.

CPA notes that while these provisions are proposed to operate only temporarily, legislation such as the notorious Prevention of Terrorism Act (PTA) were also initially enacted as temporary provisions but became permanent over time. The government must ensure that any proposals at legislative reform meet international standards in protecting the human rights of all citizens, and not become a tool of impeding such rights. In these circumstances, CPA calls on the government to immediately remove Clause 6A(2) and 6A(6) of the Bill.

Download a PDF version of this release in English here, Tamil here and Sinhala here.

Centre for Policy Alternatives on 9 March, 2017

Press Release: MoU signed between CPA & the Ministry of National Co-existence, Dialogue and Official Languages

09th March 2017, Colombo, Sri Lanka: The first Memorandum of Understanding between the Centre for Policy Alternatives (CPA) and a Government Ministry was signed between CPA and the Ministry of National Co-Existence, Dialogue and Official Languages, yesterday, 9th March 2017. The MoU is on an audit on the status of Language Rights in central government institutions to be conducted by CPA and has been entered into to achieve the common goal of advancing these rights.

Since 2016, CPA has realigned its approach to Language Equality to address institutional change, initially at the national level of central government ministries, followed by institutions at the provincial and local levels.

The initial phase of the Promoting Language Equality and Reconciliation at the National Level (PLERNL) project implemented by CPA involves conducting a comprehensive assessment of language policies in practice in government institutions. The assessment will be done in relation to the guidelines stipulated in the Official Language Policy (OLP). The legislative statutes governing the implementation of the Official Language Policy (OLP) in State Administration were presented through the State Administrative Circular No: 18/ 2009 and Gazette 1620/ 27 of 25.09.2005.

In that year, a Road-map for designing language policy per state institution was circulated among all relevant institutes. The Ministry of National Co-Existence, Dialogue and Official Languages facilitated briefings and provided necessary guidance in this regard.

The Road-map identified 4 (four) priority areas when implementing OLP at the State level. The four areas identified are; Visibility and Ambience, Administration and Documentation, Service Delivery, and Institutional Commitment and Support Mechanisms. As such, “The Audit on Implementation of National Language Policy in Government Institutes” is designed by CPA as an evaluation of the current status quo in respect of these four areas.

Download the press release in English, Sinhala and Tamil.

 

Centre for Policy Alternatives on 8 March, 2017

Rising Above – Life, family and hope at Methsara Uyana

The Centre for Policy Alternatives has for years documented the stories of people affected by the rapid development drive that occurred under the previous regime, when the Urban Development Authority commandeered evictions across Colombo to make room for what has materialised as mixed development projects that promise a luxurious future for those who can afford it.

It is the women in these communities who have been affected the most in this relocation as most have lost the ability to carry out their informal income-generating activities. In addition to taking care of their children in an unfamiliar and even unwelcoming residence, the dynamics of the new environment mean their previously-successful enterprises are now running at a loss.

To mark International Women’s Day (March 8th), CPA highlights the multi-faceted nature of the issues faced by women in this context. This piece contains narratives from several female residents of the Methsara Uyana complex in Dematagoda, one of the highrises where evicted families have been relocated to. It can be accessed here and has also been embedded below.

Visit Right to the City for more features and resources on the topic of land acquisition, eviction and relocation for development in Colombo.

Centre for Policy Alternatives on 14 February, 2017

Victim-Centred Transitional Justice in Sri Lanka: What Does It Really Mean?

14th February 2017, Colombo, Sri Lanka: There is now a growing consensus that victims must be at the heart of any transitional justice process. Since 2015 and the government’s promise to introduce transitional justice mechanisms in Sri Lanka, these terms have been used by varied stakeholders. The Centre for Policy Alternatives (CPA) has consistently called for a victim-centered approach in Sri Lanka and is not alone in this regard.  The tenets of such an approach, however, require further elaboration.  International instruments provide guidance as to the legal framework, but the nature of victimhood and its practical implications are subject to contestation and vary from context to context.

The present report seeks to provide some clarification within the Sri Lankan context, exploring both the genealogy of victim-centered transitional justice and models for implementation. CPA believes this to be an important conversation in the context of the government’s promises to introduce new mechanisms and initiatives to address past abuses.

Download the report here.

Centre for Policy Alternatives on 7 February, 2017

Launch of ‘The Making of a World Class City: Displacement and Land Acquisition in Colombo’.

CPA Social Indicator’s latest report was launched on the 1st of February in Colombo. The full report can be read online here.

Dr Paikisothy Saravanamuttu, Executive Director of CPA addressed the importance of consulting communities that were being affected by the development projects happening around the capital. Senior Researcher Iromi Perera, who authored the report, highlighted several misconceptions that the previous Government had when it began these evictions and the flawed justifications it gave for clearing out vibrant neighbourhoods.

Mr Rizwan, a resident of Mayura Place who was relocated from his home into a high-rise apartment recently and Mr Aslam, a community leader from Kompannaveediya who was also evicted and relocated, shared their experiences. The disconnect between the people and their new high-rise environment has manifested in struggles with daily life. In addition to this, miscommunication between government offices kept them from resuming normal routines after the move, with regard to safety and education for their children. The most important comment that both made was with regard to the need for consultations with local communities before development begins.

Below are some key statements from the speakers at the event.

Centre for Policy Alternatives on 4 February, 2017

Behind the scenes: The making of luxury spaces in Colombo

In 2013 – 2014, at the height of evictions and involuntary relocations across the city by the then Ministry of Defence and Urban Development, the community at Station Passage was always mentioned by other affected communities as a case where the relocation process was a positive one. The residents were going to have their new apartments built on the side of their existing property itself and were happy with the plans and were in constant dialogue with the UDA.

However, by mid 2016 the relationship with the community and the UDA had soured and the community’s new apartments were nowhere near completion even though the luxury mall that was being constructed on their property was being built according to plan.

When we visited Station Passage in September 2016 we were astounded by the fact that the families who remained on the land were living with the piling and construction work right next to their houses. Their houses would shake all day and cracks were starting to appear. When we asked them why they did not leave like their neighbours did they very simply said that that was not what was agreed. It was a precarious way of living but the residents were determined not to move.

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Read the full, immersive coverage of this community and their experience of urban development here.

The Microsoft Sway based feature is also embedded below.

Centre for Policy Alternatives on 3 February, 2017

An elusive freedom: Looking at Independence Day 2017

February 4th 1948 should have ideally ushered in a change in social relations, a unique national identity and a new hope. Since then, Sri Lanka has seen so much and many cycles of violence have run their course; the question today is whether those ideals have been realised in the seven decades since we gained independence.

This year, during this celebration of our freedom from colonial rule as a country, it is vital we remember many communities across Sri Lanka that – due to shortcomings in governance, the rule of law, systemic discrimination, long-standing sociocultural prejudices and other issues hardcoded into the fabric of our country – remain marginalised. These issues remain hidden and are most often overlooked in the larger conversations around rights and reform processes post war.

Though each of these issues will require legal battles or a change in social attitudes, it is essential that they are addressed. There is no meaningful progress if many communities feel left behind as a country moves forward and upward for a few. As we mark yet another Independence Day, it is important to remember that there are those in this country who are still far from free.

We acknowledge that this feature doesn’t exhaustively capture all those searching for justice.

The content is embedded below – access it directly here.