CIVIL SOCIETY STATEMENT ON HUMAN RIGHTS

4 February 2015: We, the undersigned conveners on behalf of civil society organizations and individuals who have focused on human rights protection through the dark and dangerous days of the Rajapaksa regime, welcome the victory of Mr. Maithripala Sirisena in the 08th January 2015 Presidential Election and the formation of a new government. We look forward to a positive and constructive association with the new government to ensure an end to the culture of impunity which defined the Rakapaksa regime’s record on human rights, and to a new era of robust human rights protection in Sri Lanka with due respect for the rule of law, accountability and the national and international obligations the Government of Sri Lanka is bound by.

The new government is committed to a 100 -day programme of governance reform, which is essential to bridge the democratic governance deficit so grossly expanded by the Rajapaksa regime over 09 years. We hope and trust and pledge to ensure that in the 100 days and beyond, the fundamental tenet of democratic governance – that human rights protection is integral to it – guides, shapes and informs the changes this government is committed to introducing.

In this context we strongly urge the government to ensure that:

Suspicion and mistrust of civil society organizations and of human rights defenders in particular, is firmly set aside and the rightful place of civil society in democratic governance and public policy deliberation is recognized.

The culture of impunity is reversed and that as a matter of immediate urgency, the list of detainees is released and likewise, those languishing in detention for years without evidence against them.

A transitional justice process is initiated with civil society involvement and victims placed at the centre of the process. Furthermore, that expertise and involvement of the United Nations (UN) human rights and other relevant international bodies in the design and implementation of an accountability process in which perpetrators responsible for human rights related crimes are brought to justice, is sought. This must be in line with international human rights standards and best practices. The findings and recommendations of the relevant processes undertaken with Sri Lankan participation such as the Lessons Learnt and Reconciliation Commission, as well as UN processes including the Office of the High Commissioner for Human Rights Investigation on Sri Lanka, must be taken into account when such a process is designed and implemented.

Anti- terror legislation is brought in line with international standards and obligations.

The reports of all preceding Presidential Commissions on human rights violations are made public and the mandate of the current Commission of Inquiry on Missing Persons extended for a period of 03 months in which it will prepare and release a report on its findings so far. The mandate of the Advisory Council should be terminated with full disclosure as to its terms of reference, remuneration of members and report.

Prosecutions are initiated in the documented egregious cases of human rights abuse such as the Action Contre la Faim (ACF) 17 and Trincomalee 05 cases.

The above are submitted in the spirit of cooperation and in the firm belief that human rights defenders and the Government of Sri Lanka fervently share a common goal of strengthening human rights protection in our country as the basis for its unity, peace and prosperity.

Conveners-
Dr. P. Saravanamuttu
Dr. Nimalka Fernando
Shanthi Sachithanandam
Sudarshana Gunawardana
Kanagasabai Shanmugaratnam Ratnavale

For further contact
[email protected]
0777342834

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Download this Press Release as a PDF here.

#icanChangeSL & #wecanChangeSL: Shaping a new Sri Lanka

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The Presidential poll of 8 January 2015 inspired the largest number of voters in Sri Lanka’s history to turn out to elect a new president. The #IVotedSL campaign, which went viral in the lead up to and on the day of the election, was an unprecedented effort over social media to enhance voter turnout. Thousands of Sri Lankans participated.

This new campaign seeks to build on and sustain this interest in reframing our country.

As we all know, the work to shape Sri Lanka’s future doesn’t stop with electing a new president or a new government. Change will need to involve all of us as citizens in our various positions and roles in society. There is now a vibrant public and private debate of citizens across the country (and beyond its borders) about the hopes and vision for Sri Lanka’s future. This is currently taking place on social media, traditional media and also in homes and workplaces.

The campaign encourages us all to focus on what we can do in our individual capacities, as well as what other citizens in government, opposition politics, public services, business or our own neighbourhoods can do, to bring about change for good.

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Use the hashtag (#icanChangeSL) to flag an action that you took, a resolution you have made, or an example that you personally want to follow. For example:

  • “I just refused to pay a bribe to a public official #icanChangeSL”
  • “I will speak up the next time I see a woman being harassed on the bus #icanChangeSL”
  • “I am trying to learn about other religious beliefs #icanChangeSL”

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Use the hashtag (#wecanChangeSL) to highlight an example of a positive social practice, an inspiring news story, an idea for your friends or community, or an aspiration for the country as a whole. For example:

  • “Let merit not ‘influence’ decide who gets the job #wecanChangeSL”
  • “Rather than criticizing public services, let’s suggest how to improve them (with available resources) #wecanChangeSL”
  • “Just heard of plan to establish a post A/L volunteer corps for Sri Lanka! #wecanChangeSL”.

Some people are already using the hashtag (#ChangeSL) to mark positive changes that they see taking place in the country.

This is a tool to get your views as a citizen heard, to share your ideas and get feedback. Please use it.

This country is ours to change.

Download the logos here for Facebook, Twitter, Google Plus and the web, or view them below.

RE-QUALIFYING FOR THE EUROPEAN UNION’S ‘GSP PLUS’ TARIFF CONCESSION AND FULFILLING SRI LANKA’S OBLIGATIONS UNDER THE ICCPR

The Centre for Policy Alternatives (CPA) notes media reports to the effect that the new government of Sri Lanka is actively seeking re-entry to the European Union’s GSP Plus scheme, from which Sri Lanka was excluded in 2008 due to the confrontational approach adopted by the previous government.

The policy of the previous government was manifestly against the national interest, in not only depriving the apparel manufacturing sector of preferential access to the important European market, but also in rejecting the opportunity to vastly improve our constitutional and legal framework in respect of a range of labour and human rights, by giving meaningful domestic effect to our existing international treaty obligations.

In this context, we are pleased to republish a comprehensive paper by Rohan Edrisinha and Asanga Welikala, which sets out in detail the areas of the domestic constitutional and legal framework that fall short of the standards established by the International Covenant on Civil and Political Rights (ICCPR), and identifies the measures that might be taken to rectify these shortcomings. The paper was originally published in 2008, in the context of the process that eventually led to the loss of GSP Plus.

CPA has always argued, and continues to argue, that a ‘win-win’ solution was also always possible in this regard. Some of our previous interventions can be accessed here, here, and here. We also recall that CPA’s Executive Director received a death threat directly on account of our advocacy of reforms in relation to the retention of GSP Plus, in the political culture then prevailing in the country.

We maintain that the new government must undertake a series of necessary constitutional and statutory reforms in order to re-quality for the GSP Plus scheme, and we earnestly hope that Sri Lanka will be able to achieve both these aims in the near future.

The Internet as a medium for free expression: A Sri Lankan legal perspective

Internet Freedom - Edited

Commissioned by and written in consultation with the Centre for Policy Alternatives (CPA), ‘The Internet as a medium for free expression: A Sri Lankan legal perspective’ by J.C. Weliamuna looks at the legal framework governing the freedom of expression online in Sri Lanka. J.C. Weliamuna is a well-known Attorney-at-Law, human rights activist and the recipient of the Citizens Peace Award in 2013.

Though this study was conducted in 2013, it holds enduring relevance on account of its detailed record of legal proceedings dealing the freedom of expression online in Sri Lanka in the form of scanned documents from cases presented to the Sri Lankan courts. At the time of publication, these records are not easily accessible through the courts and unavailable anywhere else in the public domain. The records are an invaluable curation of content that reveals the nature of censorship, the pushback from Internet Service Providers (ISPs) and telecommunications companies, the opinions of the Telecommunications Regulatory Commission (TRC) with regards to online content (with an emphasis on child pornography) and expert input from various actors including international mainstream media and universities on the freedom of expression online, presented to and considered by the courts in Sri Lanka.

Download the book in English here and in Sinhala here.

Statement on the Presidential Election 2015

Download this statement in Tamil here, and in Sinhala here.

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CPA welcomes the victory of the Common Opposition Candidate Mr. Maithripala Sirisena in the Presidential Election of January 08th 2015. We wish President Sirisena the very best in office and in particular, with the implementation of his 100 day programme of reform.

The election was significant for a number of reasons. It was the first time an incumbent president sought a third term and had arrayed against him the broadest coalition of political forces in our history with the JHU at one end and the TNA at the other. It was too, the first time in the history of the executive presidency that an incumbent was defeated and in an election with an unprecedented turnout of voters across the country. We hope, that this historic victory will lead to the abolition of the executive presidency or at the very least, a substantial diminution in the powers vested in it.

The election was especially significant because the triumph of democracy it constituted was a triumph of all of the peoples of Sri Lanka, defying the gross abuse of state resources, intimidation and propaganda throughout the campaign and even on Election Day. We salute our fellow citizens for their reaffirmation of faith in the democratic process and reinforcement of strength and confidence in our institutions. We especially acknowledge and commend the robust defence of the integrity of the electoral process by the Election Commissioner at crucial points in the election and likewise, in light of reported attempts to subvert democracy, the role of the commanders of the armed forces, the Inspector General of Police and his officers and the Attorney General. These are acts of individual courage and integrity, which also remind of the critical need of consolidating the institutional and procedural foundations of our democracy.

CPA notes that the election did not happen in a vacuum.   At a time when it was frightening and even termed unfashionable to stand up to the authoritarianism of the previous regime, there were individuals and institutions that did and amongst them some who paid for their democratic beliefs with their lives and livelihoods. We salute them as we do their vindication by fellow citizens. To those who stood against human rights violations and for accountability in respect of them, the families of the disappeared, those who gave their lives in the exercise of their fundamental, democratic rights in Chilaw, in the Free Trade Zone and in Rathupaswela to Lasantha Wickrematunga and Prageeth Ekneligoda to Nimalaruban and to Jeyakumari who still languishes in detention with countless others, to those who opposed the obnoxious Eighteenth Amendment and the illegal and unconstitutional impeachment of the Chief Justice and to those who bore the brunt of vicious religious intolerance and who exposed corruption, we owe and acknowledge a huge debt of gratitude.

They called us terrorists, traitors and thieves; we called ourselves citizens.

We still do and must. This is the opportunity for our country to become the functioning democracy all of its peoples desire and deserve it to be. And let us not forget that the role of civil society in the democratic life of any country, is not and cannot be, episodic.

 

#IVotedSL infographic: How to vote

Voting is an important civic responsibility and one way all of us exercise and enjoy our Sovereignty. This responsibility becomes particularly important during a Presidential Election, because of the immense power vested in this office.

With just a few days more for the 2015 Presidential Election, follow and support #IVotedSL, a trilingual campaign launched by Centre for Monitoring Election Violence (CMEV) to encourage citizens to exercise their right to franchise.

This infographic explains how to cast your vote and what you should avoid doing to have it rejected.

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#IVotedSL infographic: Voter turnout in the region

Voting is an important civic responsibility and one way all of us exercise and enjoy our Sovereignty. This responsibility becomes particularly important during a Presidential Election, because of the immense power vested in this office.

With just a few days more for the 2015 Presidential Election, follow and support #IVotedSL, a trilingual campaign launched by Centre for Monitoring Election Violence (CMEV) to encourage citizens to exercise their right to franchise.

Why should you care? For starters, see the vast powers the office of the Executive President commands in Sri Lanka.

Today, we release another infographic.

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