Centre for Policy Alternatives on 22 March, 2017

Fast Company’s World Changing Ideas 2017: Finalist

22 March 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is pleased to announce the ‘Corridors of Power’, a path-breaking project marrying constitutional reform and theory with architecture, is a finalist in Fast Company’s World Changing Ideas 2017 awards, under the Urban Design category.

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. [Fast Company] crowned 12 winners–along with 192 finalists.”

Conceived of and curated by Sanjana Hattotuwa, 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.

More details here.

A dedicated website for the project will be launched in April.

Centre for Policy Alternatives on 20 March, 2017

REBOOTING THE CONSTITUTIONAL REFORM PROCESS: A CIVIL SOCIETY STATEMENT

It is now over two months since the constitutional reform process effectively went into abeyance, with the indefinite postponement in January of the submission of the Steering Committee’s Interim Report to the Constitutional Assembly for debate. Substantial work was undertaken during 2015, including the work of the Public Representations Committee, the Subcommittees of the Constitutional Assembly, and the Steering Committee. But the fact that there has been no progress at all on constitutional reform during the first quarter of 2017 is now cause for increasing anxiety.

Constitutional reform was the central rationale for both the change of government and the formation of a government of national unity in 2015. The current distribution of parliamentary representation is also one of the most propitious for building the political consensus necessary for long-needed constitutional reforms. For both these reasons, dissipating – the still available but fast diminishing – window of opportunity for constitutional reform would be a mistake of historic proportions. If it is missed, then it is unlikely we would get another for at least a generation: to reduce executive dominance and centralisation, to enhance the role of parliament, to strengthen constitutional rights and freedoms, and to ensure both devolution to the periphery and power-sharing at the centre.

These reforms are badly needed to ensure democracy, constitutional government, and reconciliation, and to re-lay the foundations for a strong, stable, united, and peaceful Sri Lanka. It is clear that these basic reforms require a new constitution. Piecemeal reforms would be wholly inadequate. A new constitution requires a referendum – which must be won by the government for its own survival –  and this in turn underscores the scale of the project.

We do not assume constitutional reform is an easy task. Even with the cooperation of all and the best will in the world, constitution-making involves the negotiation of difficult questions and disagreements. It would seem therefore that efforts must be redoubled towards restarting the deliberations in the Constitutional Assembly process. The President and Prime Minister must give decisive leadership to this process. As the first step, they must ensure completion of the Interim Report, which should set out the general principles that would guide the drafting of the new constitution. Once this is debated and approved by the Constitutional Assembly, the painstaking task of drafting a Constitution Bill can begin.

Alongside the recommencement of the official process, there are a number of matters to which the government must urgently address itself. The most important task is to develop and implement a strategy of political communication on constitutional reforms. It is abundantly clear that a vast section of the Sri Lankan public has no awareness of what is transpiring in respect of constitutional reform. It is unclear to what extent even elected politicians beyond those directly involved are aware of what is going on. This generates public apathy and allows anti-reform forces to control the political narrative. It is alarmingly clear that these forces are re-grouping, and if they are allowed to succeed, they would hold back the social, political, economic, and constitutional progress of our country for decades. The government must act fast to regain the initiative in this regard and ensure conducive conditions for the constitutional referendum to come.

The President and Prime Minister must work together to ensure that their respective parties are fully behind the government’s programme, and that all members of the government speak with one voice on constitutional reform. They must act as a government of national unity at least until the historic purpose of delivering a new constitution is achieved. Civil society supported the electoral changes of 2015 on the premise that a government of national unity would ensure the constitutional reforms outlined above. We remain committed to supporting a process for a new constitution. However, it is now time for the President and the Prime Minister to infuse a sense of purpose, direction, and urgency to this task.

Download this release, with the full list of signatories, in English, Sinhala and Tamil.

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.