An Introduction to the New Constitution

This booklet contains a collection of suggestions that can be taken into consideration if Sri Lanka is to have a new Constitution in the near future.

These suggestions are specifically derived upon analyzing South Africa’s and Kenya’s Constitutions.

The booklet would be most useful as a source for the public for information on constitution-making.

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Download the Sinhala booklet here and the Tamil booklet here.

Internet Governance Forum 2015

The Internet Governance Forum (IGF) is a multi-stakeholder, democratic and transparent forum facilitating discussion on public policy issues related to Internet governance by all stakeholders. The discussions at the 2015 forum were framed around the theme ‘Evolution of Internet governance: Empowering Sustainable Development’, supported by eight sub-themes – Cybersecurity and trust, The Internet economy, Inclusiveness and diversity, Openness, Enhancing multi-stakeholder cooperation, The Internet and human rights, Critical Internet resources and Emerging issues.

The issue of hate speech online was the focus of a Workshop held on 12th November. ‘Dangerous speech online: Identification and strategies’, focused on the South Asian region, exploring the complex tangle of issues around online hate speech and implications for disempowered groups, Internet enabled anonymity, its cross-border nature and the effects of regulation on freedom of expression.  The workshop was moderated by Professor Urs Gasser, Executive Director, Berkman Center for Internet & Society at Harvard University. The panel included Professor Susan Benesch, The Dangerous Speech Project, Ankhi Das, Regional Director Facebook for South Asia and representatives from India, Pakistan, Singapore and Sri Lanka.

Researcher Roshini Wickremesinhe represented CPA at this forum, having co-authored a recent report Saving Sunil – a study of dangerous speech around Facebook page dedicated to Sgt. Sunil Rathnayake.

Read a full report on the Forum here.

Listen to an insight on the Saving Sunil study here.

Bring them home: The long search for Sri Lanka’s ‘disappeared’

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The Presidential Commission to Investigate into Complaints Regarding Missing Persons (the Commission) was established on 15th August 2013 under Gazette No. 1823/42. Over a year into its mandate, the Commission continues to operate under circumstances that raise serious concerns in respect of the search for truth, justice and accountability in Sri Lanka. The Government of Sri Lanka (GoSL) depicts the Commission not only as its primary instrument to address the grievances of the families of the disappeared, but also since the expansion of its mandate, as the sole mechanism for addressing war time violations of international human rights and humanitarian law, amongst others.

Since it began its work of hearing complaints brought forward by family members of the disappeared, the Centre for Policy Alternatives (CPA) has monitored the work of the Commission and put forward several recommendations on improvements that can be made to the process. In addition to scrutinising these methods, CPA observers have recorded cases brought before all the commissioners across a majority of the hearings. This content is both a compilation of CPA’s work on the Commission and a look into some of the cases witnessed at hearings that help place in context the enduring trauma of enforced disappearances through personal narratives.

Stories of entire families lost, children separated from their parents, spouses taken into Army camps and loved ones lost in the last stages of the war coupled with a family’s desperate economic situation are some of the issues flagged in testimonies brought before the Commission.

The past few months have seen significant events that might signal positive change in addressing this issue that has plagued the country since the beginning of the war, with the cabinet agreeing to provide families of the missing with ‘Certificates of Absence’ and the Office of Missing Persons due to be set up. There is also hope that, at the time this is released, the on-going visit of the United Nations Working Group on Enforced or Involuntary Disappearances will yield information and recommendations for action to compensate the families that have been waiting for years on end for their loved ones.

Whether it is closure through a confirmation of death or joy on their return to their homes, CPA is committed to upholding the pillars of transitional justice in efforts to provide these families with answers.

The immersive story is accessible here.

CPA Condoles on the Death of the Venerable Maduluwawe Sobitha Thero

9 November, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) expresses its condolences on the death of the Ven. Maduluwawe Sobitha Thero.

Ven. Sobitha Thero was a key civil society figure in the defeat of populist authoritarianism. Through his dynamic leadership and personality, the Movement for Social Justice reached out to and helped galvanize mainstream opinion against corruption and authoritarianism. CPA salutes a civil society champion, whose continued, coherent and cogent advocacy will be sorely missed, particularly at this critical juncture in the reform process.

As a respected member of the clergy and of civil society, the Ven. Sobitha Thero was able to articulate the views of those who wanted change and more recently, have been concerned about the pace and quality of the change achieved so far.  He understood better than most and expressed in no uncertain terms the primary duty of civil society in a functioning democracy – that of eternal vigilance through constant pro-active stake-holdership in public affairs for governance.

May he attain Nibbana.

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Download as PDF in English here, in Sinhala here and in Tamil here.

The Public Perception of Governance in Government is Not Good

9 November 2015, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is disturbed and condemns two reported recent incidents adversely impacting governance – the Police attack on the Diploma students and what transpired in Parliament over the Avant Garde investigation.

In the case of the former, CPA unreservedly condemns the Police attack.  In any functioning democracy it is the responsibility of the Police to protect citizens exercising their fundamental rights rather than brutally attack them in actions reminiscent of the recent authoritarian dispensation. Was it the case that orders were given to the Police to use force in the manner they did and by whom or was the Police acting on its own accord and reverting to what may have been orders and/or standard operating procedures sanctioned by the previous regime?  CPA notes that there are a number of investigations ordered into the attack including by the Prime Minister and the Human Rights Commission.  We believe that these investigations should be brought to a thorough and speedy conclusion, the reports made public and those responsible brought to justice without fear or favour.

The second incident relates to the debate in Parliament on the Avant Garde case and the defence of that organization by none other than the Minister for Law and Order as well as adverse criticism by him of the role of the Police in the investigation – an institution under his purview. In addition, there was the statement by the Minister of Justice to the effect that he acted to prevent the arrest of the former Secretary of Defence in this regard.  There are accusations pertaining to the interference in this investigation by another minister as well. Media reports state that following the debate in Parliament there was further, intense discussion of the issue at Cabinet with some ministers threatening to resign over the statements made in parliament by their colleagues.  The Cabinet will meet yet again regarding it.

The issue at stake in the investigation is as to whether there are grounds for prosecution in this case and under which law, thereby determining as to whether prosecution should be criminal or civil.  The Attorney General has opined that there is no case that can be filed under the Fire Arms Ordinance or the Prevention of Terrorism Act.  The two ministers concur. Most importantly though at the heart of what transpired is the issue of the declared conflict of interest on the part of the Minister for Law and Order who appeared for Avant Garde before he took up his ministerial portfolio, his use of parliamentary time and privilege to defend his former client and his criticism of the Police. His statement in Parliament smacks of a cavalier disregard for conflict of interest as a key and integral element of governance in government and flies brazenly in the face of any pretension of fostering a political culture of governance since the historic election of January this year and its reinforcement seven months later in August.

CPA calls for the resignation of the Minister of Law and Order and a clear public statement, without delay, from the Minister of Justice as to what precisely his role was in the investigation.

The citizens of this country voted twice to reject the previous dispensation and its wanton and systematic erosion of governance in government.  Almost a year now since the election of President Sirisena in January, there is a cynicism abroad that those at the helm of the establishment of governance in government are wanting in terms of either willingness and/or ability, that all politicians are the same and that “deals’ will always be struck.  Were this perception allowed to become widespread in the absence of government action to reverse it through renewed, demonstrable commitment to governance and declared “zero” tolerance of corruption, the gains of January and August 2015 could be fatally compromised and reforms in general needlessly de-railed.  The government is responsible for this situation. Not the opposition.

Swift and decisive action is needed. Perception matters in politics. Principle always does.  The balance of political power could shift and quickly, not because the previous dispensation and its torch bearers in active politics are looking good and providing an attractive alternative, but because the government is too soon appearing to be wanting on principle and performance.

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Download as PDF in English here and Sinhala here.