Map of work by Outreach teams

This map follows the work of CPA’s Outreach teams that work on democracy at the grassroot level, increasing public participation and critique of local governments in their relevant areas.

Citizen Councils are an initiative to engage people in democracy, by equipping them with knowledge and awareness to take the issues of their community to the necessary officials in demanding improvements in these areas and accountability from the authorities.

Pradeshiya Sabha initiatives work closely with local governments to increase transparency and open channels to communicate with the citizens in decision making.

For photos of these activites, visit our Flickr pages for Citizen Councils and Pradeshiya Sabha initiatives.

Introduction to Public Participation in Constitution Making

CPA hosted a meeting for Civil Society to introduce its Programme on Citizen Participation in Constitution Making on the 13th of October at the OPA, Colombo.
Senior Researcher from CPA Outreach, Lionel Guruge introduced attendees to the objectives of the proposed programme, which are mainly to ensure that citizen recommendations and aspirations were included in the formulation of a new Sri Lankan Constitution. This had not been the case in the formulation of the previous Constitution and its amendments.

CPA Executive Director, Dr Saravanamuttu emphasised the responsibility that Civil Society bears to ensure that the Constitution reflects people’s aspirations and needs. Speaking on the actions of previous governments, he stated that when good governance was spoken of people laughed; when eradication of corruption was mentioned people stated that this was Sri Lanka; democratic deficiencies were considered an occupational hazard, but presently these have been included into the spectrum of public policy. He further stated that we as civil society must not forget that it was us who included these actions into public policy, and it will be incumbent upon us to not participate in the making of the supreme law of the land.

Human Rights activist SG Punchihewa emphasised that in making a new Constitution, civil society must be sensitive to various factors such as the ambiguity of laws in the Constitution which subsequently lead to ambiguous implementation of laws. He stated that this was the case in the section of the current Constitution dedicated to Sri Lanka’s obligation to international treaties. He further emphasised the need to preserve and promote language equality in the Constitution.

Speaking at the programme, parliamentarian and President’s Counsel Dr. Jayampathy Wickramaratne said that a special committee to make recommendations for the preparation of a new Constitution for Sri Lanka has been appointed under the guidance of Prime Minister Ranil Wickremesinghe. He stated that Officials of the Legal Draftsman Department, intellectuals from the legal sector, parliamentary officials and representatives are included in the committee. He added that no final decision has been made by the government on how they may proceed with this initiative; yet a number of options are being discussed including the establishment of a Parliamentary Select Committee to oversee the process, or the Parliament adopting a ‘whole-house’ approach i.e. the whole Parliament acting as one body for the purpose of drafting the new Constitution. Dr. Wickramarathne further stated that currently there hasn’t been a discussion on a Constitution making process beyond parliamentary intervention but that the government is very much in favour of a Constitution that includes public participation and that the government led approach for such an initiative would depend on what option the government decides to take for the drafting of the Constitution.

Attendees of the event included civil society organization representatives, academics, former ministers, legal professionals, media, Trade Union members and University Students. Former Auditor General Mr. Sarath Mayadunne, Dr. Jayampathy Wicramarathne, Executive Director of PAFFREL Mr. Rohana Hettiarachchi were also among the attendees.

A number of suggestions and considerations for the new Constitution were made by the attendees of the event, including;
• As stipulated in the 13th Amendment, the inclusion of Tamil language as another official language in a separate Article in misleading and unnecessary; therefore to include Sinhala and Tamil as the two official languages of Sri Lanka in one Article
• To remove any mention of religion from the Constitution and promote a secular Constitution
• More attention given to the minority Tamil population in the Estate Sector
• To include the suggestions and representation of minorities such as Burgher, Malay, and Indigenous populations of the country
• The inclusion of a structured mechanism for the devolution of power including the duties of the Provincial Councils
• The inclusion of the Right to Life and Right to Health in the new Constitution
• Inclusion and greater representation of women in the new Constitution – women’s issues to be considered a national issue instead of being isolated as a burden of women alone

There was also concern raised regarding the timeline of the government in drafting the new Constitution as many believed one year is not sufficient enough to formulate a truly representative Constitution that includes the aspirations of the public. Other civil society organization representatives stated that a campaign of this scale would be difficult for one organization to conduct in isolation and promoted the suggestion of a concerted effort from all interested civil society organizations so that they may pool in their resources for a successful program. Some were also of the opinion that the government must be proactive in this process so that citizens are given assurance that the government is indeed interested in promoting a representative Constitution.

Press cover of the event can be found at:

http://varunmultimedia.me/videos/btv/vmtube/hiru-news/hiru-news_-13-10-15/play.html?1
http://varunmultimedia.net/videos/btv/vmtube/sirasa-news/news-1st-sinhala_-13-10-15/play.html?1
http://www.rupavahini.lk/main-news/sinhala-news/8677-2015-10-13.html
http://www.news.lk/news/politics/item/10280-pm-appoints-a-committee-to-create-a-new-constitution
http://www.tamilwin.com/show-RUmtzASYSVgo0E.html
http://www.sundaytimes.lk/news-online/special-committee-prepare-new-constitution-appointed-guidance-pm.html
http://www.dailynews.lk/?q=local/cpa-seek-massive-public-participation-formulation-new-constitution

Saving Sunil: A study of dangerous speech around a Facebook page dedicated to Sgt. Sunil Rathnayake

‘Saving Sunil – a study of dangerous speech around Facebook page dedicated to Sgt. Sunil Rathnayake’ continues the Centre for Policy Alternatives (CPA) study of online discourse, particularly over social media, around dangerous and hate speech, following its first report on the subject ‘Liking Violence: A Study of Hate Speech on Facebook in Sri Lanka’ published in 2014.

The report examines the content of the official Facebook page dedicated to saving Sgt. Sunil Rathnayake, who was, on the 25th of June 2015, sentenced to death by the Colombo High Court for the massacre of 8 civilians in Mirusuvil in 2000. The report contains detailed translations into English of the original posts and comments, including photographic and visual content. The Facebook page was monitored for a period of one month, from the time of the verdict. This period also coincided with the period of political campaigning for the General Election of 2015. Given that context, this report explores how potent the saving Sunil Facebook page is, firstly as an example of online hate and dangerous speech and secondly, as a catalyst for social mobilization.

Clearly, the cause of Sgt. Sunil Rathnayake was politicized and the Facebook page dedicated to him used as a political platform. The content of the Saving Sunil page, liberally augmented by hate and dangerous speech reflects the political rhetoric that only a Rajapakse led government can protect the majority community and war heroes from international interference and witch hunts while the Wickremesinghe led UNFGG (UNP) campaign with its inclusiveness of minorities and war related faux pas of the past would result in minority dominance and criminalizing of war heroes. How effective was the Saving Sunil Facebook page in mobilizing their predominantly young audience; either to save Sgt. Rathnayake or as a political platform? Has the recent decline of radical groups and their power over society diminished opportunities for translating hate rhetoric in to mass physical action? As noted in the final chapter of the report, ‘Online hate speech receptacles such as the saving Sunil Facebook page and hundreds of similar groups will not doubt continue to mushroom on Sri Lanka’s social media fabric. However, this phenomenon by itself, in a political and social context which affords less space for impunity and hate is far less likely to thrive long term or have any significant traction. It is more likely that such Facebook campaigns will emerge from time to time and fade out, forming a pattern of waves of online hate speech’.

Download the full report here.

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Statement on the UNHRC Resolution

October 1, 2015, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) welcomes the adoption of the resolution titled ‘Promoting Reconciliation, Accountability and Human Rights in Sri Lanka’ at the 30th Session of the United Nations Human Rights Council in Geneva. In a paradigm shift from past positions, the Government of Sri Lanka co-sponsored the resolution with Macedonia, Montenegro, United Kingdom, the United States of America, Australia, Japan, Sierra Leone, Albania, Norway, Switzerland and several others. This signifies a major change in position with regard to acknowledging the violence and systematic failures in the past, and the need for credible initiatives aimed at addressing the truth, justice, reparations and guarantees of non-recurrence. CPA acknowledges this bold move and notes the challenging work ahead in implementing the government’s own commitments, and the political will required for accountability and reconciliation.

The resolution signals one of the key steps in a transition towards a new Sri Lanka mandated by two historic elections in 2015. CPA sees the present resolution as providing a framework for the government to initiate a comprehensive transitional justice policy and package involving both judicial and non-judicial initiatives with the constructive participation of international actors. The resolution calls for the establishment of several entities including a special court and a truth telling commission, action on Sri Lanka’s significant caseload on disappearances, and specific legal reforms. The resolution also notes several other commitments including a political settlement and the devolution of political authority. In addition, the resolution encourages the government to take several significant steps towards transitional justice and building the confidence of all the peoples of Sri Lanka, including the introduction of security sector reforms, to accelerate returning land to rightful civilian owners, and conducting independent investigations into a range of attacks.

The government’s recent commitments relate to a larger reform agenda in Sri Lanka, with the promised constitutional reforms and transitional justice processes likely to shape a new Sri Lanka. While moving forward with reforms, it is also critical to reflect on the findings of the Office of the High Commissioner for Human Rights (OHCHR) investigation on Sri Lanka (OISL) report, which documents horrific violations amounting to international crimes. The report also notes past failures and structural flaws with accountability measures and protection issues. In dealing with this past, it would be necessary to revisit the findings and recommendations of the OISL report, including its call for the establishment of a hybrid court, effective witness and victim protection, and genuine consultations with victims and all other stakeholders.

In the coming weeks and months, there must be space to discuss and debate without fear of reprisals the findings of the OISL report, the resolution, and government’s own commitments. It is also a time for collective introspection by all, so that the full potential of this unique opportunity to achieve peace and reconciliation may be realised. The resolution hopefully signifies an end to a dark chapter in Sri Lanka. The government must act swiftly and decisively to demonstrate its willingness and commitment to follow through with its promises. As citizens, we must seize this historic moment and continue to actively partake in shaping our future, recalling that it is the robust political participation of all of Sri Lanka’s peoples that mandated the democratic change of direction for our country in the two elections of 2015.

Those who oppose the resolution in particular and the more constructive new course of our relations with the world in general rely on hyperbolic and misleading arguments about a loss of state sovereignty. Aside from the obsolescence of these conceptions of sovereignty and the contemporary international order, they forget that the belligerent and uncooperative foreign policy of the previous regime increased rather than ameliorated the international community’s scrutiny of Sri Lanka. Most importantly, they seem to disregard the underlying fact that the current reform measures, including those that are embodied in the resolution, are democratically mandated not once but twice by all of Sri Lanka’s peoples coming together to forge a new and united future for our country based on constitutional democracy, pluralism, truth, justice, and reconciliation. Sovereignty means nothing if it does not mean that a democratic country has the capacity to determine its future according to its own wishes. The crucial importance of purposefully carrying through these fundamental reforms, and dealing meaningfully with the past, therefore lies in the unavoidable need to address and transcend the violence and deep divisions of the past. Only then can we establish the fundamentals of the political consensus based on freedom and tolerance that lies at heart of every successful pluralist democracy.

Download this statement as a PDF in English here, in Sinhala here and in Tamil here.

Certificates of Absence: A Practical Step to Address Challenges Faced by the Families of the Disappeared in Sri Lanka

Thousands of people went missing during the near three decade long war in Sri Lanka but due to the lack of a comprehensive and independent investigation, the exact number is unknown. State and non state initiatives have noted various steps required regarding this specific issue including the tracing of missing persons, legal support, mental health care and compensation as well as the provision of Death Certificates for families. However, the measures taken thus far, in addition to normal administrative procedures, have proven inadequate in that they address overly specific needs of families and fail to comprehensively address their access to truth and justice.

In light of the failures and rigidity of the present framework and within the context of truth and justice, there must be greater attention on how best to address the needs of the victims and families of the missing. In this regard, it is critical to revisit the existing legal and policy framework and explore options for reform. The present discussion paper is one in a series of policy documents that CPA hopes will facilitate a wider dialogue on the incorporation of basic international standards pertaining to transitional justice, particularly as they relate to processes and mechanisms in a post-war context of reform. This paper focuses on the concept of developing a ‘Certificate of Absence’ as a more victim-centered alternative to the current process that requires that families obtain a Certificate of Death.

Download the full report here.

COA

Colomboscope: Shadow Scenes (Exhibition)

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Introducing #MyColombo, an exhibition curated by International Alert Sri Lanka and Cinnamon Colomboscope at Cinnamon Colomboscope: Shadow Scenes (Exhibition).

Colombo is the political nerve-center and economic hub of Sri Lanka. It is a multicultural city with inhabitants from all walks of life hailing from the multiplicity of the Island’s various ethnicities and cultures. Due to its centrality, it has also been home to political, economic and socio-cultural struggle.

A large family of organizations and individuals have carried out various forms of studies into the changing fabric of the city from approaches as diverse as human-rights, arts, grassroots activism and conflict analysis. Join us at the Rio Hotel from the 21st to the 30th of August at #MyColombo, to experience a space within Shadow Scenes that brings together various perspectives on the city into a single interactive space.
Featured artists and organizations.

Muvindu Binoy,
Firi Rahman,
Naveen Marasinghe
The Picture Press,
Abdul Halik Azeez,
Minal Naomi,
The Center for Policy Alternatives
Shanika Perera
Sharni Jayawardene,
Malaka Pathamalal,
Murad Mohideen,
Selected Instagram Artists,
Moratuwa University Dept. of Integrated Design.

Parliamentary General Election 2015: Media Communiqué 02

Download this communique as a PDF here.

02nd August 2015 Colombo, Sri Lanka, at 1630 hrs

As of 2nd August 2015, CMEV has recorded a total of 402 incidents of election related violence and malpractices.  Of these, 71 have been classified as major including 5 incidents involving the use of fire -arms. Minor incidents have been recorded at 331. The highest numbers of major incidents have been reported from the Jaffna(10), Gampaha(7) and Digamadulla(5) Districts respectively.

Below are a sample of the major cases of election related violence reported to CMEV between the 27th and 30thof July 2015.

27th July, 2015- Arson Attack, Kurunegala

Campaign offices of the UPFA in Katugampala and Kurunegala were set fire to by UNP supporters. The perpetrators have been identified as Mr. D.M Anura Nuwan Kumara, Mr. D.A Dinesh Sampath Kumara and Mr. Padmakumara Premalal who had set fire to a cut-out of Mr. Anura Priyadharshana Yapa and Mr. Mahinda Rajapakse. Furthermore, it is reported that these perpetrators had assaulted an eye witness who has been admitted to Makadura hospital with minor injuries. The incident was reported to CMEV by UPFA Katugampala organizer Mr. Gamini Siriwardena.

A complaint has been lodged to the Pannala Police station, under EIB 3/9/288 and according to Mr. M.N Vijitha Kumara P.C, the accused have been arrested and will be produced before the Kurunegala Magistrate Courts under complaint B14/33.

28th July, 2015- Threat, Jaffna

A report was received alleging that the UPFA Jaffna district candidate and President of Teacher Association, Mr. Supramaniyam Subadeesan threatened and coerced the association teachers to participate in his meetings. It has been reported that he threatened the teachers with dismissal from their jobs if they did not comply. The complaint was reported to CMEV on the grounds of anonymity by a teacher who claims to have been threatened by Mr. Subadeesan.  The latter dismissed the allegation against him.

28th July 2015- Assault, Kandy.

It was reported to CMEV that Mr.  K.G Samantha Thilakarathne a supporter of UNP candidate Mr. R.G Samaranayake, had assaulted Mr. D.G Gayan Udaya at No.118 Bule Muhuna, Menikhinna, at around 7.30 pm on the 28th of July.  Mr.Gayan, told CMEV that the incident had occurred due to an argument between Mr. Gayan’s father and Mr. Thilakarathne.  Elaborating on the incident he said that the assault occurred due to Mr. Thilakarathne forcing Mr. Gayan’s father to transfer his support to Mr.Samaranayake.

CMEV contacted Mr. Gamini Herath, SI, of Menikhinna Police station who stated that Mr. Gayan had logged a complaint (EIB-41/8/2015) and that further investigations were under way to collect evidence.

28th July 2015-Assault, Batticaloa

Mr. K.M.A Irfan, election coordinator of UNP candidate Mr. Sifly Farook, of the Earavur electorate was allegedly assaulted by Mr. Naleem and Mr. Kaleem. The assault took place at Mr. K.M.A Irfan’s residence at No.25 Ayurweda Hospital Road, Michnaar Earavurat around 1 am.

When CMEV contacted Mr. Irfaan, he said the incident has occurred after Mr. Naleem and Mr.Kaleem had been refused the coordinators position that he currently holds, by Mr.Farook.

Mr.Farook speaking to CMEV said the incident was due to a personal financial dispute between both parties and not related to his election activities. By contacting Mr. Wijewickrama, OIC of Eravur Police station, CMEV was able to confirm Mr. Farook’s statement and receive confirmation of the complaint, CIB 92/282.

28th July, 2015- Assault, Digamadulla.

CMEV received a report that a supporter of UNP, Mr. M.A Saleem was assaulted by 8 UPFA supporters who were under the influence of alcohol. Of the 8 individuals, 3 have been identified as Mr.Nifras, Mr. Raswan and Mr. Rasool. The incident occurred at around 5.00 pm at Mr. M.A Saleem’s shop in Arasayadi, Akkaraipattu and a finger on the victim’s left hand was fractured in the assault.

After the incident, supporters of UNP candidate Mr. Daya Gamage had arrived at the location and directed Mr. M.A Saleem to lodge a complaint with the in Akkaraipattu police, case number EIB/49/73.  When CMEV contacted Mr. Ibrahim I.P, of the Akkaraipattu Police station, he said that the accused had not been apprehended and that a case had been filed with the Akkaraipattu Magistrate’s courts under B/8110.

When CMEV contacted Mr. Saleem, he said that he was assaulted by supporters of UPFA candidate Mr. A.L.M Athaullah.  However, when CMEV attempted to contact Mr. Athaullah, his coordinator Mr. Baheej responded by rejecting the allegation and stated that he was unaware of the incident. Furthermore, he said that Mr. Raswan, one of the accused, was an independent candidate with no connection to Mr. Athaullah.

28th July 2015- Threat and Intimidation, Puttalam.

UNP candidate Mr. Ashoka Priyantha was threatened with a sword by Mr. Harinda Lakmal Silva, a supporter of the same party. According to Mr. Priyantha, the incident occurred when he visited his campaign office after he was informed that his cutout near the premises had been vandalized by Mr. Lakmal.

When CMEV followed up with the Marawila Police station Mr. S.I Jayanath OIC, stated that Mr. Priyantha has lodged a complaint in this regard at around 2. 15 a.m. under EIB 37/66 and that Mr.Lakmal had been taken into custody.

29th July, 2015- Damage to Property, Senkadagala

CMEV has received reports that M. Saleem, supporter of UNP candidate Lakshaman Kiriella was attacked by an unidentified group at around 12.45 A.M at his residence in Divingama, Ampitiya. His house and shop were damaged in the attack and the losses are valued at around Rs. 50,000. According to the reports Mr. Saleem, promptly informed the incident to 119, however, the police officer to whom  CMEV spoke to said the victim was reluctant to lodge a complaint as he was unable to identify the perpetrators involved in the attack.

29th July, 2015- Assault, Diagamadulla

UNP supporter Mr. Simmi Marikkar Ameen was assaulted, allegedly, by 2 UPFA supporters, Mr. M.H Aslam Nusky and M.A Risky in Samanthurai, Digamadulla. The assailants had threatened Mr. Ameen, warned him to refrain from engaging in any campaign activities and said that should he persist he would face bodily harm.  A complaint has been lodged with the Akkaraipattu Police station under EIB/ 5480.When CMEV contacted Mr. Ibrahim I.P, Akkaraipattu Police station he said the alleged perpetrators were yet to be apprehended and further investigations would be carried out in order to find them. A case has been filed in Akkaraipattu Magistrate courts under B-43888 in relation to this incident.

30th July 2015- Abduction, Akuressa

A supporter of UNP candidate Mr. Sagala Rathnayake was allegedly abducted at around 3.30 a.m. by supporters of UPFA candidate Mr. Manoj Sirisena while pasting posters in Akuressa, Diyalape. It is reported that the kidnapped is Mr. Chamara, the driver of the three-wheeler (QH-1812) and that two others who were passengers had escaped.

When CMEV contacted Mr. Niroshan Jeewantha, one of the individuals that fled the scene, he confirmed the incident and elaborated on what had happened. He said that while pasting posters they had seen a group of about 20 people approaching them in a double cab (PW-2969) and on 04 motor bikes and when Mr. Chamara was captured they had chosen to flee and go directly to the Akuressa Police station. Mr. Jeewantha said that by the time he reached the police station the police were about to leave for the location of the alleged kidnapping and that the police had been able to take 6 individuals into custody.

When CMEV contacted the Akuressa Police station, OIC Mr. Abeywickrama conformed Mr. Jeewantha’s claims and identified the perpetrators as Mr. S.P.L.S Madushanka, Mr. U.N Kumanayake, Mr. M.R.P.M Ranaweera, Mr. J.E Samarasingha, Mr. A.W.K Madushanka and Mr. A.W.A Buddhika, all of whom have been remanded.

In contacting Mr. Sirisena, he stated that the above incident was not related to him or his campaign and that it was due to a personal argument between both parties. These remarks were denied by Mr. Saagala Rathnayake.

30th July, 2015 Misuse of State Resource, Borella, Colombo

CMEV received a report of the construction of a stage at Ward Place obstructing the road to Borella, Colombo, by the UNP at 10 am on the 30th of July. The Borella junction had experienced a sever traffic block as a consequence and the road has also been damaged by the erection of iron poles.

When CMEV contacted the Borella Police station, OIC Mr. Prageeth Lakmina said that UNP Borella organizer Mr. Jayantha Silva has obtained permission to set up the stage. This was in addition to instructions issued by the Mayor of Colombo Mr. J.H Mussamil, who had informed the police in writing to grant permission for this propaganda activity. A complaint has been lodged with the Election Operations Unit and the Assistant Election Commissioner’s Office.

30th July, 2015- Misuse of State Resources, Puttlam

CMEV received a report that JVP candidates Mr. Samantha Korala Aarachchi and Mr. B.M Ranmanika have conducted a meeting for the minor staff and distributed fliers at Puttlam Hospital, despite the objections of Ms. Maari Stenant Dinusha Fernando, the medical superintendent of the hospital. Ms. Fernando has lodged a complaint with the Chilaw Police.

According to Chilaw Election Operations Unit OIC Mr. H. Amarasinghe, the accused have been arrested and produced in the Chilaw Magistrate court under B/744/15. The accused had posted bail of a Rs.100,000/= each, and are to be summoned to courts on the 27thof August 2015. When CMEV tried to contact JVP General Secretary Mr. Tilvin Silva’s office to clarify the information, he was unavailable for comment