A Brief Analysis of the Aragalaya

A Brief Analysis of the Aragalaya is a modest attempt at providing empirical evidence on the participants of Sri Lanka’s Aragalaya and the public perception of them using data gathered from the island-wide survey on the Aragalaya conducted by the Social Indicator, the survey arm of the Centre for Policy Alternatives.

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Unpacking Sri Lanka’s 21st Amendment to the Constitution

The 21st Amendment to the Sri Lankan Constitution has recently been enacted in response to large-scale public protests that galvanized citizen involvement in politics. This amendment aims to restore and strengthen the balance of powers between the executive, legislature, and judiciary, which had been eroded by the previous government’s actions. The previous 20th Amendment had expanded the powers of the presidency, which led to widespread concerns over authoritarianism and a push for reform.
Has the 21st Amendment effectively restored balance of powers in Sri Lanka’s government?

Economic Crimes

Economic crimes such as corruption, fraud, money laundering, and tax evasion have severe consequences for society, often perpetuating inequality and undermining human rights. In many countries, the problem of economic crime is exacerbated by the capture of state institutions, where powerful individuals and organizations use their influence to subvert the rule of law and advance their interests.

Economic justice is essential to building a fair and equitable economy. It entails ensuring transparency, accountability, and the rule of law in economic decision-making processes. Without these principles, it becomes difficult to prevent economic crimes, which can have far-reaching implications for both individuals and the wider community.

One of the trends in economic crimes is the use of disreputable political funding, where politicians accept donations from individuals or organizations with questionable motives. This can lead to political interference and the subversion of democracy, further perpetuating economic injustice.

Strengthening laws and enforcement is crucial to prevent economic crimes. Authorities must have the resources, capacity, and independence to investigate and prosecute cases of economic crime effectively. This requires building robust legal frameworks that can hold individuals and organizations accountable, regardless of their status or connections.

The 2022 global crisis has highlighted the need for greater transparency and accountability in economic decision-making. As countries seek to rebuild their economies, it is essential to promote economic justice and build a sustainable economy that benefits all. By working towards a fair economy based on transparency, accountability, and the rule of law, we can create a world where economic crimes are minimized, and human rights are respected.

 

 

Dr. Paikiasothy Saravanamuttu, Bhavani Fonseka and Mirak Raheem intervene in Supreme Court Special Determination (SC SD 13/2023) in support of the Penal Code (Amendment) Bill.

19th April 2023, Colombo, Sri Lanka.
An application was filed today in the Supreme Court to intervene in Supreme Court Special
Determination No. 13/2023 by Dr. Paikiasothy Saravanamuttu, Executive Director of the
Centre for Policy Alternatives (CPA), Bhavani Fonseka, Senior Researcher- CPA and Mirak
Raheem, a former Commissioner at the Office on Missing Persons and a Member- CPA.
The Intervenient Petitioners were disheartened to learn that a group of three Petitioners had
filed an Application in the Supreme Court challenging the Constitutionality of the Penal Code
(Amendment) Bill, a Private Members Bill (Bill) which seeks to ‘amend provisions that make
sexual orientation a punishable offence’ by decriminalizing sexual relations between
consenting adults of the same sex. The Petition challenging the Bill’s constitutionality is
riddled with bias, antiquated thinking, and a patent lack of regard for the rights and liberties
of others.
The Intervenient Petitioners state that the Bill is Constitutional and is in adherence with Sri
Lankas international obligations. The Intervenient Petitioners recognize that the
criminalization of sexual relations between consenting adults is an archaic colonial value with
no resonance with human rights standards. Such thinking was evident when the Supreme
Court of Sri Lanka held ‘The contemporary thinking, that consensual sex between adults
should not be policed by the state nor should it be grounds for criminalisation appears to have
developed over the years and may be the rationale that led to repealing of the offence of gross
indecency and buggery in England’ (SC Appeal 32/2011)
The Intervenient Petitioners have for decades advocated for the decriminalization of sexual
relations between consenting adults of the same sex, and the due respect and recognition for
the freedoms, rights and liberties of all people. Policing the private affairs of consenting
adults is not the role of the State, and these laws, even if rarely used to prosecute persons,
have long been used as a tool to intimidate and harass. The Intervenient Petitioners firmly
believe that the passage of the Bill by Parliament is the first step in addressing long overdue
reforms to ensure all citizens are equal before the law and treated with dignity and respect.

Elusive Justice and Emblematic Cases in Sri Lanka

The book examines the challenges faced by victims of past human rights abuses in Sri Lanka in their pursuit of justice. Despite facing numerous setbacks, including denials, intimidation, harassment, and surveillance, victims have persevered in their efforts to get answers about the fate of their loved ones. The State’s response to past violence has been characterized by denials and tactics aimed at delaying justice processes. Nevertheless, victim communities have engaged in decades-long agitation and mobilization efforts, resulting in the formation of initiatives such as the Mothers Front and protests for over 2000 days by families of the disappeared. Civil society organizations have also kept the issue of human rights and the need for justice alive through advocacy, documentation, and memorialization efforts. While a few cases have resulted in convictions, such as the Krishanthy Kumaraswamy and Embilipitiya cases, many others have faced setbacks at the investigations stage, with no immediate prospect of proceeding to trial. Overall, the book highlights the ongoing struggle for justice faced by victims of past human rights abuses in Sri Lanka.

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