Open Letter to President on the conduct of Sir Desmond de Silva

04th August, 2015
His Excellency Maithripala Sirisena,
President of Sri Lanka
Your Excellency,

We the undersigned members of Sri Lankan civil society write to you pursuant to credible information made available to us that the Bar Standards Board of the United Kingdom has decided to initiate a formal investigation into the conduct of Sir Desmond de Silva with respect to his role in Sri Lanka. This investigation commenced on 20 July 2015.

In this respect, we unreservedly condemn your government’s continued retention of the Advisory Panel of international lawyers hired by the Rajapaksa government to defend its record. This Panel has further discredited a Commission of Inquiry that has failed to earn the confidence of victims and overburdened it with a mandate that was meant to address the overwhelming cases of missing persons from across Sri Lanka, raising serious questions about the willingness of the government to address the issue of enforced disappearances. We were therefore shocked that your government – several Ministers of which were in the past scathingly critical of the lack of independence of these lawyers and the astronomical fees paid to them – has continued to retain the Advisory Panel chaired by Sir Desmond de Silva.

We understand that Sir Desmond was – prior to being appointed to the Advisory Panel – retained by the Rajapaksa government to provide advice concerning, among others, that government’s own responsibility for international crimes. Upon producing a written opinion to the Rajapaksa government, Sir Desmond was appointed thereafter to chair the Advisory Panel.

Despite this, your government continues to retain him as an advisor to a Commission supposed to provide answers to deeply anguished victims. Your government’s continuation of Rajapaksa administration policies is dangerous and utterly incompatible with a stated commitment to the rule of law and good governance. Sir Desmond’s continued role as Chairman of the Advisory Panel is simply untenable in light of a pending formal investigation being conducted against him by the Bar Standards Board. In light of these serious concerns, we urge you to rescind Sir Desmond’s appointment forthwith and to take steps to ensure the independence and integrity of state institutions.

CC:      Hon. Prime Minister

Hon. Minister of External Affairs
Sir Desmond de Silva
Mr. Maxwell Paranagama
Mr. Zeid Ra’ad al Hussein – UN High Commissioner for Human Rights
Mr. Pablo de Grieff – United Nations Special Rapporteur on Truth, Justice, Reparations and Guarantees of Non-Recurrence

Signatures:

Individuals

  1. Ameer M. Faaiz – Attorney-at-law
  2. Anthony Jesudasan
  3. Aruni Jayakody
  4. Gowthaman – Attorney-at-law
  5. Bhavani Fonseka – Attorney-at-law
  6. Bishop Duleep de Chickera
  7. Bishop Kumara Illangasinghe
  8. Brito Fernando
  9. Damaris Wickremesekera
  10. A.C. Visvalingam
  11. Paikiasothy Saravanamuttu
  12. Philip Setunga
  13. Selvy Thiruchandran
  14. Gajen Mahendra
  15. Gamini Jayaweera
  16. Gamini Viyangoda – Writer & Journalist
  17. Godfrey Yogarajah
  18. Isabelle Lassee
  19. Aingkaran – HRD & Attorney-at-law
  20. S. Ratnavale – Attorney-at-law
  21. Kusal Perera – Journalist
  22. Marisa de Silva
  23. Nalini Ratnarajah
  24. Nichola Emmanuel
  25. Niran Anketell – Attorney-at-law
  26. Arjuna Aluwihare
  27. Jayantha Seneviratne – University of Kelaniya
  28. Savitri Gunesekera
  29. Pulasthi Hewamanna
  30. M.B Senanayake – Retired CCS
  31. Fr. Jeyabalan Croos
  32. Fr. V. Yogeswaran
  33. Rosanna Flamer
  34. Ruki Fernando
  35. Sampath Samarakoon
  36. Shreen Abdul Saroor
  37. Udaya Kalupathirana
  38. Vijaya

Organisations 

  1. Centre for Human Rights and Development (CHRD)
  2. Centre for Policy Alternatives (CPA)
  3. Centre for Promotion and Protection of Human Rights (CPPHR), Trincomalee
  4. Committee for Democracy and Justice
  5. Equal Ground
  6. INFORM Human Rights Documentation Centre
  7. Kandy Citizens Front
  8. Religious Liberty Commission
  9. Resource Center for Community Groups
  10. Right to Life (R2L) Human Rights Centre
  11. South Asian Centre for Legal Studies
  12. World Evangelical Alliance

General Election 2015 Pre Election Opinion Poll – Top Line Report

4 August, Colombo, Sri Lanka – Social Indicator, the survey research unit of the Centre for Policy Alternatives conducted an island wide pre election opinion poll with the objective of identifying Sri Lankan voter perceptions and attitudes on key topics being discussed in the lead up to the election and thereby contribute to the current political discourse.

Only 4 % of Sri Lankans believe that the 2015 General Election will not be free and fair and 66.9% believe that it will be.

When asked about who they think is best suited to be the Prime Minister of Sri Lanka, majority from the Tamil (62.3%), Up Country Tamil (71.1%) and Muslim (62.3%) communities said Ranil Wickremesinghe, with less than 2% from each community saying that it should be Mahinda Rajapaksa. Opinion in the Sinhala community is divided, with 36% saying that it should be Mahinda Rajapaksa and 31.9% saying Ranil Wickremesinghe.

Sri Lankans are divided on the question about whether former President Mahinda Rajapaksa should be contesting in the upcoming General Elections. 40% of Sri Lankans say that the former President should contest while 42% say that he should not contest.

The key issues that Sri Lankans believe the next Parliament should address are employment and employment opportunities for youth, reduction in the cost of living, accelerating the development of the country and improving the education system.

The three most important characteristics that Sri Lankans look for in a candidate are what that candidate has done for the country (19.4%), education (17.5%) and that they are not corrupt (15.6%). For almost 50% of Sri Lankans it is extremely important that the candidates they plan on voting for have declared their assets while 18.5% say that it is somewhat important for them.

59% of Sri Lankans say that the information they get from the media influences how they vote, while 29.6% say that it does not.

Conducted in the 25 districts of the country, this opinion poll captured the opinion of 1986 Sri Lankans from the four main ethnic groups. Fieldwork was conducted from the 22 – 29 July 2015.

Please click here to read the full report. 

GE 2015 infographic 1_final GE 2015 infographic 2_final

Transitional Justice in Sri Lanka and Ways Forward

With the end of the war in 2009, the need to address the widespread death, destruction, and displacement was overwhelming. Allegations against all sides of potential war crimes and crimes against humanity demands an independent investigation and the prosecution within a credible court of law of those responsible for international crimes committed during the final stages of the war and during its aftermath. The Centre for Policy Alternatives (CPA) has consistently called for such independent investigations and other accountability measures to address truth, justice, reparations and non-recurrence of violence in Sri Lanka. This appeal continues six years after the end of the war. In this report, CPA sets out a range of processes and mechanisms available to the Sri Lankan government to ensure accountability for serious human rights violations and alleged crimes committed during the war. While many stakeholders are identified in the report, the ultimate responsibility for truth and justice in Sri Lanka lies with its citizens; accordingly they must play the central role in the design and implementation of future processes and mechanisms. CPA hopes that the options provided in this report enrich the discussions and debates about the design and implementation of a credible domestic process with the long term goal of achieving truth and justice in Sri Lanka.

Download the full report below.

Transitional Justice in Sri Lanka and Ways Forward