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.

The Need for a Comprehensive Reparations Policy and Package

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.

CPA Benchmarks and Issues March 2015

Centre for Policy Alternatives on 10 March, 2015

Devolution in the Northern Province: September 2013 – February 2015

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The first elections of the Northern Provincial Council (NPC) held in September 2013 provided an important opportunity to test the utility of the Thirteenth Amendment in devolving power. Until then, the Northern Province was essentially under Central administration (through the Governor) for the larger part of its existence since the enactment of the Thirteenth Amendment.

This policy brief studies the main experiences in the NPC since the September 2013 elections. It notes that those experiences were dominated by the former Governor, particularly in terms of his involvement in the day-to-day administration of the Council. In this regard, his role in the exercise of the provincial public service was worthy of particular attention. In many ways, his involvement resulted in a parallel administration, which sidelined the elected representatives of the Province. Aside from the Governor’s role, the central control over provincial finances, both directly and through the Governor, also receives attention in the brief.

In the one and half years under review, the NPC did not attempt to exercise land powers, police powers or any of the powers on the Concurrent List. That the Council operating within the confines of seemingly uncontentious powers of the Thirteenth Amendment was obstructed in this manner does not bode well for the Thirteenth Amendment’s ability to deliver meaningful devolution of power. While the new regime in the Central Government, together with the newly appointed Governor and Chief Secretary in the Northern Province, might be able to reverse this trend, previous experience indicates the need for urgent reform.

Policy brief culminates in recommendations, arising from the analysis of identified problem areas. However, the present study carries on from previous initiatives of the Centre for Policy Alternatives (CPA) dealing with the Provincial Council system, and it is clear that the recommendations made there have only gained further relevance, over time.

Download the PDF of the new policy brief here, or read it online here.

Centre for Policy Alternatives on 7 March, 2015

Presidential Commission to Investigate into Complaints Regarding Missing Persons

In August 2013, the Presidential Commission to Investigate into Complaints Regarding Missing Persons was established to look into disappearances or abductions of residents of the North and East during the period of January 1983 to May 2009. This was a follow up to a recommendation of the Lessons Learnt and Reconciliation Commission (LLRC).Now, a year and a half into its mandate, approximately 20,000 complaints have been registered and that number is steadily rising with each new hearing registering a number of new complainants.

The Centre for Policy Alternatives (CPA) has monitored several initiatives appointed to address issues of truth and justice in Sri Lanka including the present commission and the LLRC. CPA has critiqued these processes and advocated for reform. Concerns raised by CPA include the fact that investigations into the cases heard are yet to begin. With the Commission’s mandate extended in terms of duration and scope, there are also concerns as to the Commission’s ability to carry out their mandated task and their ability to deliver on a genuine and credible domestic process at truth, justice and accountability.

CPA monitored the most recently concluded sittings of the commission held in Trincomalee (28 February-3 March). This was the 10th round of hearings of the commission. Some families of the disappeared and civil society groups from the Trincomalee area staged a protest on all four days of the hearings.

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CPA has followed the Commission and critiqued its processes a number of times.

Press releases here, here and here.

Reports here and here.

Centre for Policy Alternatives on 24 February, 2015

Cultural camps

The Outreach Unit of the Centre for Policy Alternatives recently carried out an arts and culture camp in the cities of Kandy and Badulla. Over 600 students from across the Central and Uva provinces attended the series of workshops and competitions; this is the first time both Sinhala and Tamil students have participated in an event of this magnitude. Through media such as art, stories and song, the children were encouraged to express their creativity and were awarded certificates of participation at the culmination of the event.

Access the photos here, or click on the photo below.

Badulla (1)