Centre for Policy Alternatives on 5 November, 2016

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.’
Centre for Policy Alternatives on 2 November, 2016

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 English, Sinhala and Tamil.

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Centre for Policy Alternatives on 1 November, 2016

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 English, Sinhala and Tamil.

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Centre for Policy Alternatives on 17 October, 2016

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.

Centre for Policy Alternatives on 5 October, 2016

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 English, Tamil and Sinhala.

Centre for Policy Alternatives on 26 September, 2016

Trouble in Paradise: Tourism development and human rights in Sri Lanka

Development for tourism in some parts of Sri Lanka is a speeding train set on a collision course with the basic human rights of some of the island’s most vulnerable communities. The country recorded a 16.7% increase in foreign arrivals from 2015 to 2016 and new properties continuously spring up around the island. However, the hidden cost of this growing industry is completely hidden by streams of photographs of pristine landscapes and smiling locals, quintessentials of the #islandlife.

Travels along the East coast, the Jaffna peninsula and the islands of the North-West uncovered a long list of dark secrets that don’t make their way to Sri Lanka Tourist Board material, travel brochures or the forefront of discussion due to the involvement of the military or political influence in the seizing of lands and deprivation of livelihood to communities that are already struggling to make ends meet.

This feature was created after travels to these areas and conversations with the affected communities. We are aware that this issue is far more widespread than these locations and consider readers to not view this as an exhaustive list but an opener to an important dialogue that needs to take place for equal access to progress.

The message of this feature, released to coincide with World Tourism Day, is not to tell people to refrain from visiting Sri Lanka or from exploring the country but to do so responsibly, with a knowledge of the community struggles that the facades of development hide so that they will be able to contribute to the economy in a way that it benefits those who need it most.

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The feature was created using Atavist and can be viewed in full here.

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Centre for Policy Alternatives on 22 September, 2016

World Class Spaces: Coming Soon

September 21, 2016, Colombo, Sri Lanka – In this second feature by Abdul Halik Azeez for CPA’s ‘Right To The City Sri Lanka’ initiative, we see the lived experiences and daily struggles of the various people that live in Slave Island (Kompannyaveediya). One of the most culturally rich neighbourhoods in Colombo, it is also one of the most commercially lucrative. In the post war years, the residents of Slave Island have seen their more than century long idyll being disrupted in massive upheavals as state driven projects have sought to wrest away the land from them in a bid to beautify and ‘modernise’ Colombo.

Azeez notes in the feature, “Neighbourhoods like Mews Street have experienced violent, forcible evictions by a militarised Urban Development Authority, while other neighbourhoods like Station Passage have faced a more humane State, albeit temporarily. The acquisition of Java Lane, a densely populated, historic and largely Malay Muslim neighbourhood, is a case in point which illustrates the single minded approach of the gentrification drive, blind to the loss of intangibles such as community, shared culture and human co-dependencies.”

The full feature, created on Adobe Spark, can be viewed here and is embedded below.

‘Right To The City Sri Lanka’ is an initiative by the Centre for Policy Alternatives that aims to broaden the discussion and awareness on key issues concerning development, urbanisation, housing and displacement in Colombo. Combining CPA’s research and advocacy, ongoing documentation, photography and video, the Right To The City Sri Lanka initiative provides alternative narratives to the development discourse in Sri Lanka. Please visit the RTTC website for more details.

WORLD CLASS SPACES