CPA Statement on Recent Events Endangering Ethnic Harmony and Reconciliation

15 November 2016, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply concerned by a spate of recent events with ominous portents for ethnic and religious harmony and reconciliation in Sri Lanka. These include the murder of two university students in Jaffna, the seeming exploitation by others of the disabled soldiers’ protest outside the Presidential Secretariat, the increasing use of hate speech against minorities by some members of the Buddhist clergy and by other protest groups, and by widespread anti-minority hate speech in social media. We are extremely concerned at the appearance of signs that, yet again, legal reforms aimed at improving our democracy and governance are being undermined by the forces of chauvinism and intolerance.

We find the deplorable language used by some Buddhist monks in particular – underpinned by unquestionably violent and un-Buddhist sentiments – that have been widely circulating on social media to be especially disturbing and shocking. This very small minority of violence-prone and foulmouthed monks are not only profaning a religion of peace, but also disgracing the memory of such champions of civility and reconciliation as the late Maduluwawe Sobhitha Thera, an architect and inspirer of the reforms now taking place. Moreover, many monks are actively involved in peace and reconciliation efforts at the community level, which work, due to its unsensational nature, does not attract mainstream or social media attention.

In many if not all of these incidents, there appears to be an element of orchestration, of deeper political agendas aimed at reversing the country’s current path towards peace, reconciliation, and reform, and especially where members of the clergy have been involved, police and civil servants have succumbed to the culture of deference rather than restore order. This poisonous atmosphere of ethnic and religious hatred is compounded by suspicion and rumours of collusion and political machinations, and most regrettably, by the appearance of indifference or at least a lack of capacity on the part of state institutions to enforce the rule of law without fear or favour.

Even if such rumours are without foundation, the allowance of any space for a perception of government impotence, indifference, or weakness to take root would only embolden those who wish to propagate hatred and division. Without the will or capacity to implement strengthened powers and institutional independence, there will be no point to the reforms, especially in relation to law enforcement, introduced by the Nineteenth Amendment to the Constitution only last year.

While it is true that small acts of disruption and discord gain disproportionate attention today in the age of social media, this is nevertheless a remarkable reversal of the national mood of goodwill and cooperation last year when Sri Lankans of all communities came together to mandate a change of government and a process of post-war reforms. These disturbing events occur at a time when we are still less than halfway through the political and constitutional reforms that were popularly mandated. They imperil the establishment of the necessary foundations of reconciliation, justice, and good governance – which are the bedrock of our future peace, prosperity, and happiness – and threaten to take us back to a dark and rancorous era from which we were at last emerging.

Both the President and the Prime Minister have an obligation to provide strong and principled leadership against these invidious forces, to restate their commitment to the democratic values of pluralism and tolerance on which they were elected, and ensure that police and civil servants are given the confidence to enforce the law in the face of intimidation and threats of violence. We are reminded again of the fact that legal and institutional reforms are meaningless without the reform of political culture and practices, and in this regard, strong leadership by political leaders is indispensable. We hope too that religious and social leaders, as well as citizens, would publicly register their strong displeasure at the unacceptable behaviour of these disruptive individuals and groups.

Unless these incidents, and those who perpetrate them notwithstanding their social status, are dealt with firmly but fairly and with due regard to the seriousness of the real threat they pose to the democratic way of life, they have the potential to spiral out of control. No sensible Sri Lankan – the decisive majority of whom voted for reform and reconciliation not once but twice only a year ago – wishes our country to return to the past of conflict and enmity. The clear desire of all our peoples for a better quality of democratic governance, and the ongoing process of reforms to sustain it, cannot and must not be dissipated due to complacency and weakness in the face of intimidation by the purveyors of hate and harm.

Download PDF of this statement here. Read it in Tamil here. Read it in Sinhala here.

CPA Working Papers on Constitutional Reform: Number 10

The Centre for Policy Alternatives (CPA) is pleased to publish its CPA Working Papers on Constitutional Reform No.10 on Devolution under the Thirteenth Amendment: Extent, Limits, and Avenues for Reform by Dr Asanga Welikala.

The paper is premised on the fact that, as the Constitutional Assembly addresses the issue of further devolution in the new constitution, there is still very little objective knowledge about the existing framework devolution that has been practiced under the Thirteenth Amendment to the Constitution (1987) for nearly thirty years. Taking note of serious problems with the Thirteenth Amendment model, which need to be addressed, the paper is aimed at outlining the experience of devolution under the Thirteenth Amendment, in the hope that so understood, both its strengths and weaknesses can be borne in mind when what would hopefully be a better, fairer, and more durable model of multilevel government is designed for Sri Lanka.

Download the paper here.

CPA Working Papers on Constitutional Reform: Number 8 and 9

The Centre for Policy Alternatives (CPA) is pleased to publish two further papers in the CPA Working Papers on Constitutional Reform series.
Working Paper No.8, Civil and Political Rights in the Sri Lankan Constitution and Law: Making the New Constitution in Compliance with the ICCPR by Rohan Edrisinha and Asanga Welikala is a detailed and critical examination of the compliance of current Sri Lankan constitutional law with the primary instrument of Sri Lanka’s international obligations with regard to civil and political rights, the International Covenant on Civil and Political Rights (ICCPR). The paper’s extensive audit of the Sri Lankan law points to the concrete areas, both substantive and procedural, in which the makers of the new constitution should focus their attention if it is to reflect a body of civil and political rights that is consistent with basic international standards. Political expectations of democratisation generated by the 2015 elections also demand that the new constitution should afford the fullest and firmest protection to these core rights, including the addition of the fundamental rights to life and human dignity, privacy, and property, without which neither democracy nor good governance is achievable.
Working Paper No.9, A Rights-based Approach to Limitation Clauses in the Sri Lankan Constitution by Gehan Gunatilleke discusses the crucial question of how to design the framework of limitations and derogations in the future constitutional bill of rights. Placed within a clear theoretical context, and drawing upon principles of comparative and international human rights law, the paper critically examines the current restrictions regime before presenting a fresh approach to designing and interpreting limitation clauses, rooted in the concept of the ‘rights and freedoms of others.’

Guide to the Registration of Deaths (Temporary Provisions)(Amendment) Act, No. 16 of 2016

The Parliament of Sri Lanka unanimously enacted into legislation the Registration of Deaths (Temporary Provisions)(Amendment) Act on 25 August 2016. This legislation provides for the issuing of Certificates of Absence (CoA). The present guide briefly sets out key aspects of the legislation.

Certificates of Absence are critically important for victims at both the symbolic and practical level. It is an official documentation by the state recognizing that a significant number of people are still either disappeared or missing. This is also an important step for families who continue to search for disappeared and missing loved ones, in the hope of finding their loved one alive. At a practical level, the Certificate of Absence facilitate in obtaining benefits, deal with property and other issues, listed below.

The Centre for Policy Alternatives (CPA) has advocated for a range of reforms with transitional justice including championing the introduction of Certificates of Absence. The present legislation is a welcome step forward in addressing the challenges faced by families of disappeared and missing loved ones and CPA urges the authorities to implement the legislation without any further delays. For more information on Certificates of Absence, please read documentation on the issue prepared by CPA available at www.cpalanka.org and www.tjsrilanka.org

Download the guide in EnglishSinhala and Tamil.

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A New Devolution Settlement for Sri Lanka: Proceedings and Outcomes, Conference of Provincial Councils

The Centre for Policy Alternatives (CPA) is pleased to publish A New Devolution Settlement for Sri Lanka: Proceedings and Outcomes, Conference of Provincial Councils, August 2016 edited by Dr Asanga Welikala. The conference was organised by the Centre for Policy Alternatives (CPA), with the participation of delegations from all nine Provincial Councils including Governors and Chief Ministers, as well as local and international experts of comparative devolution and multilevel governance.

The conference deliberations were rich in expertise and experience, and reflected the practical experience of nearly three decades of working the existing framework of devolution under the Thirteenth Amendment to the Constitution. In the light of the strengths and weaknesses of that framework and experience, this publication draws attention to the key issues to be considered when designing a scheme of devolution under a new constitution. It is hoped that the Constitutional Assembly will give serious and close consideration to the contents of this document, reflecting the views of the current provincial tier of government as a whole. It is also hoped that this publication would serve to broaden and deepen the public discussion about devolution that is taking place in society in the context of the constitution-making process.

A trilingual edition of this publication with Sinhala and Tamil translations will be available shortly.

Download the publication in full as a PDF in EnglishSinhala and Tamil.

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Topline Report – Opinion Poll on Constitutional Reform

17 October 2016, Colombo, Sri Lanka: Only 1.1% of Sri Lankans are extremely aware that a Constitutional reform process is taking place at present while 21.9% are somewhat aware. 34.1% are aware that it is taking place but not at all aware about the details and status, while almost 25% of Sri Lankans said that they did not know that a Constitutional reform process is taking place at present.

According to this survey, almost 70% of Sri Lankans have not heard of the Public Representations Committee on Constitutional Reform (PRC) and its activities. Only 0.7% said that they are extremely aware while 8.7% said that they are somewhat aware. 21% have heard of the PRC but were not aware of its activities.

At a Provincial level, Uva (83.6%) and North Western (76.8%) slowest the highest lack of awareness regarding the PRC. Almost 30% from the Western and Sabaragamuwa Provinces stated that they had heard of the PRC but were not aware of its activities. Awareness was highest in the Northern Province where 30% indicated their awareness of the PRC and its activities.

Similar, lack of awareness was very high when it came to the Constitutional Assembly as well. 76.8% of Sri Lankans had not heard of the Constitutional Assembly while 14% had heard of it but were not aware of its activities. Almost 60% of Sri Lankans said that the Government has not been successful in their communication regarding the Constitutional reform process – such as its importance and progress – to the general public. Only 4.8% said that they have been successful and 21.5% said that the Government has been somewhat successful but could be better.

On the question of completely abolishing the Executive Presidential system, a key election promise of the yahapalanaya Government, Sri Lankans are once again divided with 35.7% supporting the complete abolition of the Executive Presidential system and 40.3% not supporting it. 24% said that they do not know whether they support it or not. Article 2 of our current Constitution states that ‘The Republic of Sri Lanka is a Unitary State’ and 63.6% of Sri Lankans believe that it is important to retain the phrase ‘unitary state’ in the new Constitution. This opinion is mainly held by the Sinhalese community (77.7%) while only 14.3% from the Tamil, 18.1% from the Up Country Tamil and 28.8% from the Muslim communities stated the same.

On the question of giving Buddhism a special place in the Constitution, around 77% of Sinhalese strongly agree that Buddhism should be given a special place in the Constitution. In comparison, 73.3% from the Tamil, 89.2% from the Up Country Tamil and 71.4% from the Muslim communities strongly disagree that Buddhism should be given a special place in the Constitution. Conducted in the 25 districts of the country, this survey captured the opinion of 2002 Sri Lankans from the four main ethnic communities. The selection of respondents was random across the country. Fieldwork was conducted from August 29 – September 23, 2016.

Download the full report here.

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Social Indicator (SI) is the survey research unit of the Centre for Policy Alternatives (CPA) and was established in September 1999, filling a longstanding vacuum for a permanent, professional and independent polling facility in Sri Lanka on social and political issues. Driven by the strong belief that polling is an instrument that empowers democracy, SI has been conducting polls on a large range of socio-economic and political issues since its inception.

Please contact Iromi Perera at [email protected] for further information.

CPA URGES GOVERNMENT TO DESIST FROM PROCEEDING WITH THE AMENDMENT TO THE CRIMINAL PROCEDURE CODE

5th October 2016, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply concerned by a statement made by the Minister of Justice reported in the print media on 2 October 2016 on the Government’s intention to proceed with amendments to the Criminal Procedure Code. CPA has challenged similar arbitrary procedures and administrative directives on detention in the past and has continuously advocated for the rights of detainees, particularly those relating to due process. The present amendment is of concern as it deviates from existing constitutional, legal and administrative safeguards and Sri Lanka’s international obligations. CPA calls on the Government to desist from proceeding with the Bill in its present form.

The Bill proposing the amendment was issued on the 15 of August 2016 as a supplement to the Gazette of 12 August 2016 and has been criticized by the Human Rights Commission of Sri Lanka (HRCSL), the BAR Association of Sri Lanka (BASL) and several civil society organisations. CPA welcomes the timely intervention by the HRCSL and BASL. The HRCSL’s letter detailed several serious shortcomings of the proposed Bill, including concerns that -if enacted into law- the proposed amendment could increase the risk of suspects being subject to torture, cruel and inhuman treatment as well as illegal arrest and detention. It was also reported that the BASL wrote to the President expressing similar concerns.

The Government’s continued insistence to move ahead with this Bill is particularly problematic in light of its commitments to prevent the torture of persons detained by the State and the ongoing efforts to secure the GSP (Plus) preferential tariff system from the European Union.

Furthermore, the process by which this Bill was gazetted and the Justice Minister’s statement are indicative of larger problems in the law making process in Sri Lanka. CPA has repeatedly called on successive governments to ensure that there is greater transparency and public participation in the law-making process. At a very minimum this would require consultations with stakeholders prior to drafting legislation and ensure that draft legislation is more accessible to the public. In light of the ongoing constitutional reform process, CPA urges the Government to urgently address these systemic problems in the law making process.

Download the PDF of this statement in EnglishTamil and Sinhala.