Petition challenging the directive issued by the UDA

20th August 2014, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) supported a group of Petitioners from “34 Watta”, Wanathamulla, Borella to file a writ application [CA (Writ) 283/14] in the Court of Appeal against the Urban Development Authority (UDA) and other actors challenging the directive issued by the UDA ordering them to move from their homes to an alternative location provided by the UDA or accept the compensation proposed by the UDA.

The Petitioners who have title deeds to the lands dating back to 1979 assert that the UDA is acting outside the legal framework applicable when acquiring private lands provided in the Land Acquisition Act. Furthermore these attempts to forcibly evict the Petitioners are contrary to the undertaking by the UDA in March 2014 before the Human Rights Commission of Sri Lanka (HRCSL) where they agreed that no person would be moved from their residence without their consent. The Petitioners further state that the UDA has severely undervalued their premises and the only proposal provided by the UDA at present as an alternative is a premises which is much smaller in size to their existing property with the Petitioners being required to pay a large sum of money for a period of 20 years.

As such the Petitioners have prayed for a Writ of Certiorari quashing the decision to forcefully evict them and for a Writ of Prohibition preventing the UDA or its agents or representatives from acting in any manner which would be prejudicial to and/ or interfere with the Petitioners’ peaceful and quiet possession of their property.

Download the petition here.

Joint Open Letter by the Main Election Monitoring Groups

August 12 2014, Colombo, Sri Lanka: The main election monitoring groups in Sri Lanka including the CMEV wrote a joint open letter addressed to the Leaders and Secretaries of all political parties contesting the Uva Provincial Council Election 2014 and the Inspector General of Police (IGP) with a request to take appropriate action to prevent violations of election law and ensure the safety of election officials.

Read or download the full letter in English or Sinhala.

 

Condemnation of violent attack on discussion with families of the disappeared

5 August 2014, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) vehemently condemns the violent attack by a group of Buddhist monks and supporters on a discussion held in Colombo with the families of the disappeared on 4th August 2014. The discussion, at which, families had gathered to share reflections on the search for their disappeared loved ones, was held on private premises with the support of civil society organisations. It comes in the wake of public sittings held by the Presidential Commission of Inquiry investigating and inquiring into Missing Persons and the officially stated commitment of the government to address the issue of disappearances. This attack is also a chilling reminder that upholding fundamental rights and freedoms in post war Sri Lanka is a seriously hazardous exercise.

In addition to the shrinking space for reflection on the issue of disappearances, CPA is extremely concerned about the total impunity enjoyed by certain religious actors and their supporters. In particular, the lack of action against those who incite violence and espouse hate speech is deeply deplorable and seriously troubling, especially in a context where the repeated inability and/or unwillingness to arrest and prosecute perpetrators is perceived by many as state support and/or sponsorship for such attacks. Furthermore, despite a spate of recent attacks against religious minorities, conflict affected communities and civil society no public information is available regarding any arrests of perpetrators. This is, despite video footage, publicly available, identifying key religious actors involved in what we firmly believe amounts to hate speech and violence.

This most recent attack is a clear violation of the Constitutional and legal framework in Sri Lanka and must be speedily and effectively dealt with. We therefore call upon the Inspector General of Police to take immediate action against perpetrators in accordance with the Penal Code and Police Ordinance in Sri Lanka. We also urge the Government of Sri Lanka to meet its international and national obligations by respecting the fundamental freedoms of expression and assembly and by upholding the rule of law.

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Download PDF of this press release here and in Sinhala here. Tamil translation accessible here.

An Introduction to the Local Authorities (Special Provisions) Act No.21 of 2012 and Local Authorities Elections (Amendment) Act No. 22 of 2012

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The laws of a country, which are the basis for the establishment of order in society, cannot by their nature remain static but need to be adapted to the changing needs of society. Amendment of legislation is therefore needed for several reasons:

• To ensure the rule of law and equality for all citizens before the law.
• To address limitations and shortcomings in existing laws.
• To safeguard peoples’ representation in decision making and administrative planning processes.

As such, amendments are made to regularize laws and render them relevant and responsive to changing circumstances.

Legislation related to Pradeshiya Sabhas, namely the Pradeshiya Sabha Act, No.15 of 1987 has also undergone a number of amendments to-date. Namely Amendment No 34 1993 to section 1331 of the original Act and Amendment No 14 in 1999, which amended Sections 9A and 9B2 of the original Act and Amendment No 24 of 2012 which amended sections 4, 133 (Replacement) and 169 of the original Act.

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Download the publication in Tamil, Sinhala or English.

The Budget Process in Sri Lanka: Local and National Issue Analysis and Recommendations

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This booklet is the outcome of the project aimed at Reconnecting Citizens and Local Authorities in the North, in Pradeshiya Sabhas. The objectives of this project were to increase citizen awareness and participation in the budget and planning process, and to foster more efficient and accountable PS’. This would increase the democratic strength of PS, as they reflect local citizens and their concerns much more effectively. During the last years of the project we have come across different experiences such as the Yakkalamulla workshop on participatory budgeting (discussed in the booklet). Some public galleries as a result of this have become active in the measures we have recommended. Information sharing has also increased. Other benefits will become clear within the discussions of the issues and recommendations in this booklet, as the importance of transparency and accountability will be clear throughout.

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Download the booklet in Tamil, Sinhala or English.