Centre for Policy Alternatives on 17 December, 2014

The Presidential Commission to Investigate into Complaints Regarding Missing Persons: Trends, Practices and Implications

Download this report in Tamil or Sinhala.

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The Presidential Commission to Investigate into Complaints Regarding Missing Persons (the Commission) was established on 15th August 2013 under Gazette No. 1823/42. Over a year into its mandate, the Commission continues to operate under circumstances that raise serious concerns in respect of the search for truth, justice and accountability in Sri Lanka. The Government of Sri Lanka (GoSL) depicts the Commission not only as its primary instrument to address the grievances of the families of the disappeared, but also since the expansion of its mandate, as the sole mechanism for addressing war time violations of international human rights and humanitarian law, amongst others.

The present critique by the Centre for Policy Alternatives (CPA) captures key issues and trends observed during public sittings of the Commission and the perceptions of affected communities and civil society who have observed and engaged with the present process. At the very outset CPA notes that the Commission, operating under the Commissions of Inquiry apparatus, is structurally flawed, given its dependence on the Executive for appointments, financing and follow up action. Having observed a string of failed State initiatives at transitional justice in recent years and the lack of progress with past Commissions appointed by successive governments, CPA calls for immediate steps to be taken for legal and policy reform that provides for a genuine and credible domestic process at truth seeking, justice and accountability. Failure in this regard further confirms the inability of domestic processes to address grievances in a post war context and strengthens calls for international investigations.

The brief consists of three sections. The first looks into technical issues of the present Commission and critiques the operational processes and practices of the Commission. The second explores the broader issues embedded in the structure within which the Commission operates, while the final section analyses the trend perceptions and concerns and their implications for the Commission’s work.

Download the critique here or read it online here.

Centre for Policy Alternatives on 13 December, 2014

Response to allegations on Colombo Telegraph website

13 December 2014, Colombo, Sri Lanka: In response to allegations made by Uvindu Kurukulasuriya on his website Colombo Telegraph, against the Centre for Policy Alternatives (CPA), CPA contracted Corporate Doctors (PVT) Limited to conduct a special investigation into the allegations.

The Executive Summary of their findings can be downloaded here or read online here.

Centre for Policy Alternatives on 17 November, 2014

Legal and Policy Implications of Recent Land Acquisitions, Evictions and Related Issues in Sri Lanka

Land has a central place in the post war debates involving resettlement, reconstruction, development and the search for a political solution. With the ten year anniversary of the tsunami nearing and more than five years after the end of the war, many questions regarding land issues persist including continuing challenges to individuals being able to fully enjoy, access and use their lands and reside in their homes, due to restrictions placed in the name of security and development. Furthermore, Sri Lanka has a complex framework for legal and possessory rights, covering both State and private land. This framework is meant to provide tenure security for individuals residing and using the land and safeguards to prevent arbitrary displacement and eviction. The legal and policy framework, despite its shortcomings and the need for reform in specific areas, is a basic starting point of a governance system as well as constituting recognition of the rights of those owning and in possession of land. Unfortunately, present practices and recent policy decisions undermine the framework in place and demonstrate a deliberate disregard and/or ignorance of what is in the books. These challenges are highlighted in the present brief with recommendations provided for immediate reform.

Download the policy brief here.

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Centre for Policy Alternatives on 14 November, 2014

INFOGRAPHIC: 5 Facts about Sri Lanka’s Up Country Tamil community

14 November 2014, Colombo, Sri Lanka: This is the second in a series of infographics that have been designed using the latest findings from the ‘Democracy in Post War Sri Lanka’ survey conducted by Social Indicator, the survey research unit of the Centre for Policy Alternatives.

In light of the Koslanda landslide tragedy, the findings from the survey with regard to the Up Country Tamil community is of significance – here is a community badly affected by the state of the economy, whose key issues are poverty and unemployment and feel like they have very little say about the affairs of the country. These findings are not new – looking at survey data from four years ago it is evident that things have only got worse or stayed the same.

When comparing the findings from the four main communities, it appears that the Up Country Tamil community is the most affected by the current state of the Sri Lankan economy, making serious cut backs in the household expenditure. Almost 60% of households in the Up Country Tamil community say that they have cut back on the amount or quality of food they purchase while 58.2% of households have gone without medicine or medical treatment. 

Overall, the findings from the Democracy survey show that priorities when it comes to development, impact of the cost of living on the household, freedom of expression and movement, satisfaction with reconciliation efforts, sense of empowerment as citizens of Sri Lanka vary by different ethnic communities and even by Provinces.

Read the latest top line report in full here.

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Centre for Policy Alternatives on 10 November, 2014

INFOGRAPHIC: #happysrilankans

10 November 2014, Colombo, Sri Lanka: This is the first of a series of infographics that have been designed using the latest findings from the ‘Democracy in Post War Sri Lanka’ survey conducted by Social Indicator, the survey research unit of the Centre for Policy Alternatives.

The title of the infographic ‘#happysrilankans’ is the hashtag created for Sri Lankan videos made in response to popstar Pharrell Williams hit song ‘Happy’, where Sri Lankans dance and sing around iconic locations in Colombo and around Sri Lanka showing how happy they are. These viral videos doesn’t depict the reality of the majority of Sri Lankans – burdened by the cost of living, restricted in their freedom of expression and increasingly discouraged by the Government’s reconciliation efforts. As Sanjana Hattotuwa, a Senior Researcher at CPA comments in his article about the Happy videos of Sri Lanka,

“Clearly, happiness in post-war Sri Lanka is unequally shared, and no greater insight into this can be found than looking at the silences, gaps and absences in these ‘Happy’ videos”.

This is precisely what the latest findings from the democracy survey reveal. Priorities when it comes to development, impact of the cost of living on the household, freedom of expression and movement, satisfaction with reconciliation efforts, sense of empowerment as citizens of Sri Lanka vary by different ethnic communities and even by Provinces.

Read the latest top line report in full here. For higher resolution infographic, click here.

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Centre for Policy Alternatives on 7 November, 2014

Statement in Response to the Supreme Court Reference No 1/2014

7 November 2014, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is alarmed at recent developments related to Supreme Court Reference No 1/2014 and the processes sought to be used to legitimize a potential third term for President Mahinda Rajapaksa. On 5 November the media reported President Mahinda Rajapaksa as having referred the following questions to the Supreme Court to seek its opinion under Article 129(1) of the Constitution:

a. Whether in terms of Article 31 (3A)(a)(i) of the Constitution, as amended by the 18th Amendment, I, as the incumbent President, serving my second term of office as President, have any impediment, after the expiration of four years from the date of commencement of my second term of office as President on 19th November 2010, to declare by Proclamation my intention of appealing to the People for a mandate to hold office as President by election, for a further term?

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b. Whether in terms of the provisions of the Constitution, as amended by the 18th Amendment, I, as the incumbent President, serving my second term of office as President, and was functioning as such on the date the 18th Amendment was enacted, have any impediment to be elected for a further term of office?

These questions were sent by the Registrar of the Supreme Court to the President of the Bar Association of Sri Lanka (BASL) requesting its membership to submit written submissions by 3pm, 7 November.

CPA, has subsequently learnt of an in camera sitting by the Supreme Court on 5 November, the same date on which the letter was sent to the BASL. In light of the public and constitutional importance of the issues at stake, Dr. P. Saravanamuttu, Executive Director of CPA filed a motion in the Supreme Court today 07 November requesting that an oral hearing be granted, and followed with his written submissions, in the firm belief that an oral hearing will be provided, as has been the practice in the past.

CPA’s concerns on this matter were articulated in a statement issued on 23 October and warrant reiteration here. With the incumbent President having more than two years remaining of his present term, CPA sees no urgency for the Supreme Court to have a hearing that is shrouded in secrecy and one which, deprives citizens of their right to be heard on a significant national question that will define the future of Sri Lanka.

Download this press release as a PDF here or read it online here.