13th Issue of Vibasha Newsletter in Sinhala, Tamil and English.
Centre for Policy Alternatives on 19 May, 2015 Centre for Policy Alternatives on 19 May, 2015 Centre for Policy Alternatives on 19 May, 2015 12th Issue of Vibasha Newsletter
Centre for Policy Alternatives on 13 May, 2015 RECOMMENDATIONS FOR LAW REFORM
The Centre for Policy Alternatives (CPA) has compiled the present document containing recommendations for legal reform in response to the call by the Law Commission of Sri Lanka through the Bar Association of Sri Lanka requesting submissions. CPA welcomes this call for public submissions and engages in the process, cognizant of its importance in the context of ongoing reform based on principles of transparency, inclusivity and participation.
CPA has over the years conducted research and advocacy on a range of issues and has been involved in conversations on legal reform and in challenges to arbitrary and unjust Bills. This document contains recommendations based on CPA’s work, which are listed according to specific issues and legislation. More information on the particular areas highlighted and CPA’s work can be found at www.cpalanka.org.
Download the report here.
Centre for Policy Alternatives on 12 May, 2015 Forced Evictions in Colombo: High-rise Living
12th May 2015, Colombo, Sri Lanka: The Centre for Policy Alternatives’ second report on forced evictions in Sri Lanka’s capital city looks at evictions that took place under the previous Ministry of Defence and Urban Development, where as part of its beautification agenda they aimed to create a slum free Colombo by 2020. The report discusses life after relocation to the high-rise buildings as well as the struggles of those still awaiting housing.
The rush to relocate communities to high-rise apartments was not done with the uplifting of people’s lives foremost in mind, but with the intention of freeing up property with high commercial value. What made the Urban Regeneration Project of the Urban Development Authority more problematic was the means used to acquire land. Military force, intimidation and harassment were used to evict people from their homes and the process did not follow Sri Lanka’s laws related to land acquisition.
Communities were relocated to high-rise buildings in Dematagoda and Wanathamulla where today they face many hardships. Residents are forced to pay Rs 1 million for the apartments over a period of 20 – 30 years. They are yet to be given deeds to their apartments and there are restrictions on selling, renting and mortgaging the apartments, which means that a source of financial security has been taken away from them. The lack of space is a serious issue faced by most people. The ‘one apartment per house’ policy means that today in some apartments there are up to 14 people or more and that some families have been forced to live on rent, elsewhere, simply due to lack of space.
The report also looks at other issues faced by communities such as disenfranchisement, impact on livelihoods, debt, breakdown down of community life, as well as the role of the World Bank in involuntary resettlements in Colombo.
The task in front of the new Government and the new Minister for urban development is certainly a challenging one and one that needs to be addressed urgently. It is necessary that all projects and activities under the URP are halted until a full review is done and the experiences, thus far, taken stock of. Unfortunately, we are yet to see this being done and instead have only seen a continuation of URP activities.
Download the full report here.
Centre for Policy Alternatives on 9 May, 2015 Revoking the creation of the Special Zone for Heavy Industry in Sampur, Trincomalee
9th May 2015: The Centre for Policy Alternatives (CPA) welcomes President Maithripala Sirisena’s move to revoke the creation of the Special Zone for Heavy Industry in Sampur, Trincomalee and the land alienated to the Board of Investment (BOI) by gazette (extraordinary) No. 1913/19 dated 7th May 2015. The above gazette revokes gazette (extraordinary) No 1758/26 issued on 17th May 2012 which was issued under Section 22A of the Board of Investment of Sri Lanka Law No.4 of 1978 (BOI Act). The present decision follows the decision by the Cabinet of Ministers in February 2015 to return land to original owners and is a timely move by the government in upholding constitutionally guaranteed rights and in the furtherance of reconciliation.
CPA notes this important step, having been involved in monitoring the humanitarian situation in the Eastern Province since 2006 with specific focus on the situation of thousands of internally displaced persons (IDPs) from the Sampur area who were unable to return to their lands due to various reasons including the establishment of a High Security Zone (HSZ) and economic zones. In 2007, a HSZ was created by gazette (extraordinary) No.1499/25 dated 30 May 2007, preventing around 12,000 people from returning to their land. CPA and four land owners challenged the gazette in 2007 in the Supreme Court (SC FR 218/2007). The size of the HSZ was subsequently reduced, allowing some to return to their land but continuing the displacement of several others due to the existence of a smaller HSZ.
The establishment of the Special Zone for Heavy Industries in 2012 was the latest move by the previous regime to prevent IDPs to return to their land. CPA supported seven land owners to file a fundamental rights application challenging the gazette and in the process also raised the flawed basis for the creation of such a Special Zone for Heavy Industries which is outside the remit of Section 22A of the BOI Act. Several of CPA’s policy briefs discuss the situation including the dire living conditions and security issues faced by those who lived in camps for nearly nine years.
With the present move, CPA reiterates its call for the government to re-examine the existence of arbitrary HSZs and the occupation of land by security forces and others without adherence to due process. This present move coupled with the government recently returning land in Valikamam North area in Jaffna should be initial steps in a long term strategy in upholding constitutional guarantees and legal safeguards. CPA has continuously raised concerns regarding the shortcomings of the Land Acquisitions Act No 09 of 1950 with recommendations for its reform. However CPA reiterates that any effort at acquiring land should at a minimum adhere to the existing legal framework. These issues are integral to reconciliation in Sri Lanka and must be addressed without further delay.
Links to the Sinhala and Tamil gazettes
- Gazette (extraordinary) No.1499/25 dated 30 May 2007 (S / T)
- Gazette (extraordinary) No. 1758/26 issued on 17th May 2012 (S / T)
- Gazette (extraordinary) No. 1913/19 dated 7th May 2015 (S / T)
Some of CPA’s previous work on this issue
- Bhavani Fonseka and Mirak Raheem, Trincomalee High Security Zone and Special Economic Zone, September 2009
- Bhavani Fonseka and Mirak Raheem, Land in the Eastern Province – Politics, Policy and Conflict, May 2010
- Bhavani Fonseka & Dharsha Jegatheeswaran, Politics, Policies and Practices with Land Acquisitions and Related Issues in the North and East of Sri Lanka, November 2013
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Download this as a PDF here. Download the PDF in Sinhala here and in Tamil here.
Centre for Policy Alternatives on 27 April, 2015 Discussion Paper: The Need for a Comprehensive Reparations Policy and Package
For any post war society grappling with the consequences of past violence and engaged in exploring modalities for transitional justice, reparations is an important tool. Reparations, if designed and implemented in an inclusive manner that factors in the grievances of the victims and affected communities, can be an effective tool in acknowledging and addressing the injustices of the past. It is a bridge between the past and the future, and an integral element in the transition towards reconciliation.
The numerous transitional justice initiatives in Sri Lanka, in the past, have at different times explored the issue of reparations, many in ad-hoc forms with no comprehensive policy yet to be introduced that meets basic international standards. Past commissions of inquiry (COIs) including the All Island Commission of Inquiry into Involuntary Removal and Disappearance of Certain Persons of 1998 (Disappearances COI) and the more recent Lessons Learnt Reconciliation Commission (LLRC) recognized the need for reparations and made some useful recommendations including legal and policy reform and assistance to victims. There have also been government circulars and programs to award compensation and issue death certificates including the work of the Rehabilitation of Persons, Properties and Industries Authority (REPPIA). This paper discusses some of these initiatives, some which continue to be relevant and necessary today, and provides recommendations that should be examined and implemented without further delay.
The Centre for Policy Alternatives (CPA) reiterates its advocacy over the years for truth, justice, reparations and institutional reform. In the post war context, CPA has done considerable work in documenting trends and patterns of ongoing violations and advocated reform including legal and policy reform. CPA has also called for action in terms of the four arms of transitional justice and has initiated dialogues among the different stakeholders on the areas that require reform. In this regard, CPA will produce several policy documents to feed into the design and implementation of processes and mechanisms of transitional justice, which will generate a wider discussion on transitional justice and related issues. This is an initial paper on reparations, which will be followed by several other initiatives.
Download the discussion paper here.
Centre for Policy Alternatives on 30 March, 2015 Benchmarks and Issues to Consider when Exploring Transitional Justice in Sri Lanka
Several reports in 2015 indicate to the possibility of establishing a ‘credible domestic process’ in Sri Lanka. This comes in a context of failed attempts in the past to address truth and justice in Sri Lanka and the ongoing protests by victims, families of the disappeared and affected communities for greater action. Recent protests also made specific reference to the developments at the 28th Session of the United Nations Human Rights Council (UNHRC) and the decision of the Office of the High Commissioner for Human Rights (OHCHR) to defer the tabling of the report by the OHCHR Investigation on Sri Lanka (OISL). The reports of a ‘credible domestic process’ also come in the context of the OISL report being tabled at the 30th Session of the UNHRC and pressure on the Government of Sri Lanka to deliver on plans that address past violations and introduce reforms.
Key benchmarks and issues must be discussed when designing and subsequently implementing domestic processes and mechanisms. In this regard, the Centre for Policy Alternatives (CPA) has produced this short note to initiate a discussion among the different stakeholders as to the different elements that must be part and parcel of any process/mechanism.
Download the discussion paper here.
