Audited accounts for 2020. Click HERE to download full PDF.
CPA Comms Officer on 25 October, 2023 CPA Comms Officer on 25 October, 2023 CPA Comms Officer on 12 October, 2023 CPA Challenges the Online Safety Bill (SC/SD 89/2023)
The Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu, filed a Petition in the Supreme Court on the 11th of October 2023 challenging the Constitutionality of the Bill titled “Online Safety”. The Bill was Gazetted on the 15th of September 2023, and tabled in Parliament [the first reading of the Bill] on the 3rd of October 2023. CPA has previously commented on this Bill, and urged that the Government withdraws the Bill which is fundamentally flawed and riddled with potential for abuse.
In its Petition CPA argues that the Bill as a whole violates several articles of the Constitution including entrenched provisions and would thus be required to approved by the people at a referendum in addition to being passed by two thirds of the Members’ of Parliament voting in favour of the Bill. CPA argues that the vague and over broad offences contained in the Bill and the broad powers of the so called “Online Safety Commission” will have a chilling effect on the exercise of Fundamental Rights by the citizens of Sri Lanka.
The Petition also challenges various individual aspects of the Online Safety Bill which violate Articles of the Constitution including but not limited to;
Firstly, the several vague objectives of the Bill including the power of the Online Safety Commission to “protect” people against the damage caused by “alarming or distressing statements”.
Secondly, the over broad and unconstitutional nature of the listed “prohibited statements” within the Online Safety Bill.
Thirdly, the arbitrary and unreasonable powers granted to the Online Safety Commission, including the exercise of judicial power which is inconsistent with the Constitution.
Fourthly, the arbitrary powers granted to the Minister to appoint private individuals as “experts”, who are then given extensive powers, which impact the liberties of citizens and with no accountability.
CPA also challenges the Online Safety Commission’s ability to make rules and the Minister’s ability to make regulations on ‘Online Safety’ because the Clauses within the Online Safety Bill regarding these abilities lack precision and sufficient criteria.
As such CPA and its Executive Director argue that the Online Safety Bill is inconsistent with Articles 3, 4(c), 10, 12, 14(1)(a),(b),(c),(e),(f), and (g) and 14A(2) of the 1978 Constitution of Sri Lanka and thus cannot be enacted into law, unless it is approved by the People at a Referendum in addition to a two-thirds vote of the whole number of the Members of Parliament.
To read the Full Statement in English – Click Here
CPA Comms Officer on 10 October, 2023 Land Issues in the Northern and Eastern Provinces in Sri Lanka
Documentaries
Land has been a catalyst for conflict for several decades in Sri Lanka. 15 years after the war, this issue persists particularly in the North and East provinces of Sri Lanka. Recently, archaeology and national heritage have been used as tools to marginalize minorities.15 years after the war this should not continue. Is reconciliation possible in Sri Lanka?
Animations
Land has always been a source of conflict in Sri Lanka, particularly in the Northern and Eastern Provinces, where a civil war raged for over 30 years. Various entities still continue to exploit land disputes to create ethnic tensions between communities.
One notable location is Kurunthurmalai, also known as Kurundi Temple in Sinhalese. Interventions by the Archeological Department and the construction of a new Buddhist temple, and discriminatory rules imposed on the Tamil community, barring entry to the site for worship have heightened fears among locals about their rights to land and freedom to practice their religion.
These critical issues continue to impede the reconciliation process in Sri Lanka, even a decade after the conclusion of the war. Such activities raise questions about whether the state is genuinely committed to achieving reconciliation.
In Mannar, Sri Lanka, local communities are sounding the alarm over two major development projects that could devastate their livelihoods and environment. The Sri Lankan Cabinet’s decision to expand wind power stations in partnership with Adani Green Energy Limited has sparked concerns about land destruction and depleted fishing waters. Additionally, unsustainable sand mining activities by private businesses are putting the island’s ecosystem and groundwater reserves at risk. Experts warn that these projects could disrupt migratory bird flight routes and natural habitats, further threatening local species. As mega-scale developments continue, the community fears displacement and a loss of their traditional ways of life.
Photo stories
CPA’s research in the North and East demonstrates accusations against the Department of Archaeology and others of bias towards promoting Buddhist historicity. The continued appropriation of lands belonging to and used by minorities disrupts religious inclusivity and coexistence. This is a series of photos depicting some land conflicts that are being researched by CPA. Further research and insights on these issues are forthcoming.
Watch the Photo story here
The land conflict in the North and the East has multifaceted implications. Previously, CPA looked into several contested sites in the region, where land appropriation had led to grave socio-cultural implications. In this series, we delve in to the socio economic implications of land conflict faced by minority ethnic communities living in the North and East region.
Check full story via the link
Key Cases
For over 6 months, Cattle farmers in Mailathamadu have protested against the encroachment of their ancestral grazing land. This dispute highlights challenges of achieving reconciliation and addressing historical grievances in a post-war context. The government’s response has been mixed, deepening Tamil distrust and raising questions about its commitment to genuine reconciliation.
32 buddhist temples have been initiated at the Kuchchaveli Divisional Secretariat. Kuchaveli is a majority of Tamil-speaking administrative division in Trincomalee, with the majority of the community being muslims and tamils. 2506.5 acres of private land belonging to Tamils in the the Kuchchaveli region are alleged to have been acquired forcefully for the construction of these 32 Buddhist temples.
Vedukkunaari Aathi Lingeswarar Temple has been at the center of controversy during recent times as the Department of Archaeology has claimed it as part of an ancient Buddhist pilgrim site and has banned people from entering the site. This, along with several acts of vandalism, has sparked new concerns regarding post-conflict minority rights in the Northern Province. This can be seen as yet another attempt by the state and its institutions to suppress the cultural rights of people.
CPA Comms Officer on 6 October, 2023 Commentary Comparing the Proposed Anti Terrorism Bill to the Prevention of Terrorism Act
Commentary updated with revisions as of 4 March 2024
The Government of Sri Lanka published the revised ‘Anti-Terrorism Bill’ (hereinafter the proposed ATA) in the Gazette, on the 15th of September 2023. This Bill seeks to abolish the Prevention of Terrorism Act (PTA) which for nearly four and a half decades has been one of the most vicious tools of suppression and persecution used by the State. There have been calls to abolish the PTA since its inception in 1979 but the draconian law has survived through several Governments.
The publication of the presently Gazetted version of the proposed ATA follows a former version of the ATA, which was published on the 22nd of March 2023, containing a few differences. The proposed ATA is also in substance fairly similar to a Bill published during the Yahapalana regime in 2018, the Counter- Terrorism Bill (CTA) which also sought to replace the PTA. In this commentary, there is some reference to the CTA and the previous version of the proposed ATA published in March to comment on changes seen in the present Bill. However, the primary aim of this commentary is to compare the latest version of the proposed ATA in relation to the PTA.
In initial comments issued on the 27th of March 2023, the Centre for Policy Alternatives (CPA) noted concerns regarding the initially proposed ATA though acknowledging that the Bill does address some of the key concerns that persisted with the PTA over its several decades in operation. With the recent version of the proposed ATA being published in September 2023, CPA continues to reiterate these concerns. To put these recurring concerns in context, it must be borne in mind that the Sri Lankan State has demonstrated a pattern of abusing counter-terror laws, emergency laws and regulation-making powers in the past. Thus, any new law must be formulated with additional safeguards to prevent abuse.
At the outset, CPA notes that the proposed ATA lacks sufficient checks, and if operational, would provide ample space for abuse. Further, over-broad definitions of offences leave room for these laws to be used for means beyond the purported purposes of the Act, targeting minorities, civil society, the media and any dissenters in general. Further, this law has also taken away some of the improvements that were sought to be made by way of the CTA in 2018, such as the shortening of the duration of detention orders.
Overall, it must be remembered that for law reform to be successful, there has to be the administrative will for the law to succeed, and to be used for the correct purpose. The timing of this new law, rushed through with little to no meaningful stakeholder consultation suggests that this law reform is not being brought in the interest of addressing a decades-long problem that has plagued the country, but as a matter of political expediency. While CPA would welcome any reform in a positive direction, this law does not signify much optimism with deep implications for human rights, governance and democracy.
CPA Comms Officer on 4 October, 2023 Statement on the Proposed Online Safety Bill
The Centre for Policy Alternatives (CPA) notes the publication of the Online Safety Bill (Bill) on the 15th of September 2023 and tabled in Parliament on 3rd of October 2023. CPA has shared its initial concerns on several clauses of the Bill in a series of infographics issued on 22nd September 2023, highlighting several concerns that can impede fundamental rights and erode Sri Lanka’s democracy. At the outset, CPA notes the need to have frameworks that provide for the safety of individuals and groups, particularly children and women who are increasingly vulnerable to threats online. Nonetheless, such measures must be done in adherence to the fundamental rights provided in the Constitution and international standards. It is unfortunate that the present Bill’s concern regarding online safety is in name only. The Bill represents the latest attempt by the Government to introduce laws that expand the powers of the executive arm of Government with limited safeguards and wide scope for abuse.
CPA’s concerns around the Bill relate to both the contents and the law-making process. CPA notes that the proposed Bill consists of numerous problematic provisions which include: vague and broad terminology defining prohibited statements and what constitutes online safety; the appointment of an Online Safety Commission by the President with expansive powers including the power to make rules for service providers and internet intermediaries who provide internet-based communications services; conferral of powers to the Minister to make regulations in respect of all matters which are required by the Act; and severe restrictions placed on the freedom of expression on social media. CPA also notes that the Bill entrenches punitive measures and deliberately targets freedom of expression and dissent.
Further, CPA is concerned with the timing of the Bill. The publication of the Online Safety Bill alongside the revised Anti-Terrorism Bill on the same day are not coincidental acts and the apparent rush to move with both bills is indicative of an undemocratic legislative program. This has been steered by the present Government in creating a legal regime that enables the repression of freedom of expression and the right to dissent in Sri Lanka. Moreover, CPA notes that the proposed laws restrict such fundamental freedoms by broadening the scope for restrictions provided under “National Security”. It also expands the powers of the office of the executive President, with alarming consequences for Sri Lanka’s human rights, governance and democracy.
CPA notes that there have been multiple attempts in the past by successive governments to legislate laws to restrict freedom of expression and the right to dissent. For instance, in 2015, amendments proposed to the Penal Code and the Code of Criminal Procedure attempted to criminalise hate speech and the instigation of communal violence and disharmony. In 2021, the Cabinet approved the drafting of laws to “protect against the spreading of false and misleading statements through Internet.” It is also noteworthy that the Online Safety Bill is introduced in the context of the proposed Broadcasting Regulatory Authority Bill, which is yet to be gazetted by the Government. CPA has continuously pushed back against legislative attempts violating the fundamental rights of the people of Sri Lanka and is concerned with the process of legislating a bill of this nature. As such, CPA urges the Government to withdraw the Bill and commence a process to draft a law that is transparent and informed by different stakeholders with the intention of protecting fundamental rights and provide a robust and safe online space.
Further comments on the Online Safety Bill are forthcoming.
To read the Full Statement in English – Click Here
To read the Full Statement in Tamil – Click Here
To read the Full Statement in Sinhala – Click Here
CPA Comms Officer on 26 September, 2023 Two Years In Government: A review of the pledges made in 2015 through the lens of constitutional reform, governance and transitional justice
The political transition of January 2015 promised ambitious reforms and raised expectations accordingly. Two years on, serious concerns have emerged with regard to the National Unity Government’s reform project. Despite some successes, the current public perception is of a slow pace or even stagnation. This in turn has resulted in disillusionment and disappointment, with questions posed about the ability of the National Unity Government to govern effectively. These sentiments are justified in terms of promises made and the inability or unwillingness to manage expectations via a comprehensive communication strategy.
On the eve of celebrating Sri Lanka’s 69th Independence Day, the Centre for Policy Alternatives (CPA) launches a report exploring the pledges made in the areas of constitutional reform, governance and Transitional Justice and examines the progress made, challenges and setbacks. The areas reviewed are those in which proposed reform, if implemented in full, will significantly impact the identity of Sri Lanka and Sri Lankans, the structure of the state, form of government and governance, reconciliation and the culture of impunity.
Download the full report here.
CPA Comms Officer on 19 September, 2023 Proposed Anti-Terrorism Act (ATA) – Preliminary Comments | September 2023
The Centre for Policy Alternatives (CPA) notes the publication of the revised Bill of the proposed Anti-Terrorism Act (ATA) gazetted on the 15th of September 2023. A previous version of the Bill was gazetted on the 22nd of March 2023. CPA issued a statement raising several concerns relating to that version of the Bill followed by a submission of key concerns in response to the notice issued on 2nd May 2023 by the Ministry of Justice calling for submission of proposals on the ATA.
CPA notes that several revisions have been made to the initial version of the proposed ATA, such as the removal of the death penalty as a form of punishment and changes to the provisions concerning Detention Orders (DO) with the revisions providing the power to the Secretary to the Ministry of Defence to issue a DO for an initial period of two months. However, the revised bill continues to include problematic provisions, such as the overbroad framing of the offence of terrorism, authorising prolonged detention without charge including with extended remand periods, excessive powers granted to the executive to the detriment of the judiciary and fundamental rights, and perpetuating militarization. In particular, CPA is concerned with the provisions relating to curfew orders, which are patently unconstitutional and which seek to further expand the power of the Executive President. Further, CPA notes that the proposed ATA is the latest attempt to expand the power of the Executive President, contrary to the demands of the people to abolish the office evidenced most recently with the Aragalaya in 2022. Despite the demands for greater political accountability and a change in governance, the proposed ATA entrenches powers with the executive including broad powers to proscribe organisations, issue restriction orders and regulations and stipulate prohibited places.
CPA reiterates its concerns regarding the problematic process of the government’s belated and rushed efforts to extensively amend the ATA, particularly the limited scope for inclusive consultation and transparency in drafting the ATA. In this regard CPA notes with concern that the Human Rights Commission of Sri Lanka (HRCSL), which has a statutory responsibility in such a process, had to write to the government in order to obtain a copy of the Bill. Genuine consultation requires inclusivity and transparency in consulting communities / individuals who have been directly impacted by the use of such laws as the Prevention of Terrorism Act (PTA), including long term detainees and their next of kin, in order to understand the impact of the PTA, the torture, and abuse it has facilitated. Despite the call for public submissions, the failure to correct some of the most problematic provisions of the ATA indicates to the process being a token effort than genuinely making the law-making process inclusive.
Moreover, the ATA is introduced in a context where anti-terror laws have been used and abused in Sri Lanka, which raises critical concerns as to how the proposed ATA may also be prone to such practices in a culture harbouring abuse and impunity. Such a culture coupled with limited transparency in the lawmaking process, offers little confidence to the people regarding the intentions of such proposed laws.
In view of the aforementioned concerns, CPA calls upon the government to withdraw the proposed ATA, and reiterates that any new process for drafting an anti-terror law should be transparent, accountable and be the product of a robust consultative process between all the relevant stakeholders and in adherence to international standards. In this regard, CPA expresses its continuing willingness to engage in a genuine transparent and consultative process.
A comprehensive report by the CPA on the proposed ATA will follow shortly.
To read the Full Statement in English – click HERE
To read the Full Statement in Tamil – click HERE
To read the Full Statement in Sinhala – click HERE