Centre for Policy Alternatives on 20 April, 2013
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The Impeachment of the Chief Justice, the Independence of the Judiciary and the Rule Of Law in Sri Lanka

The impeachment of Chief Justice Dr. Shirani Bandaranayake was the single most contentious political issue in Sri Lanka in late 2012 and early 2013. Four months since her removal from office in violation of decisions by the Supreme Court and Court of Appeal, the issue appears to have receded from the public square. While the government may appear to have resolved the political crisis occasioned by the impeachment, the constitutional crisis that emerged has not been resolved, leaving a number of troubling questions for the future of the rule of law unanswered. Can a decision of a court of law be considered binding if the executive opposes and disregards it? What is the role of the judiciary vis-à-vis the virtually unchecked power of the executive presidency? Is the judiciary independent of the President and Parliament? How does the claim to legal supremacy by Parliament affect the way in which it relates to the judiciary?

This Policy Brief seeks to address these issues and outline the urgent reforms needed to arrest the serious erosion of public confidence in the judiciary and the rule of law that has resulted from the impeachment. Section 2 outlines the political context and sequence of events relating to the impeachment. Section 3 examines the structural defects of the Sri Lankan constitution, which enabled the successful ouster of Chief Justice Bandaranayake, notwithstanding rulings by the Supreme Court and Court of Appeal to the effect that the process adopted was unlawful. The two main constitutional claims enabling the impeachment – presidential immunity and parliamentary supremacy – are examined, in the context of how they have developed throughout Sri Lanka’s recent constitutional history. The conclusions from this analysis reveal the need for a range of constitutional and legal reforms, from legislative measures needed to restore a more credible framework for judicial independence and impartiality, to other more fundamental reforms to the Sri Lankan constitution itself.

Download it in full here, or read it inline below.

Centre for Policy Alternatives on 5 April, 2013

Accelerated Programme on Solving Post Conflict State Lands Issues in the Northern and Eastern Provinces

In January 2013 the Government issued a new circular titled Accelerated Programme on Solving Post Conflict State Lands Issues in the Northern and Eastern Provinces- Land Circular 2013/01 (herein referred to as the Circular), which is the most recent effort by the Government to address land problems in the North and East. The Circular sets out a process to be implemented over two years in order to identify and address problems relating to State land in these two provinces. The Centre for Policy Alternatives (CPA) has prepared this short note to highlight key issues and concerns relating to this Circular and its implications if implemented.

Download it in English here and in Tamil here.

Centre for Policy Alternatives on 28 March, 2013

Tamil-Muslim Tensions and Coexistence in Mannar: Land Disputes in Sannar and Uppukulam

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28th March 2012, Colombo, Sri Lanka: The post-war context has witnessed a number of inter-community disputes in the Northern and Eastern Provinces, which continue to be sources of tension and suspicion.

In Mannar district, two of the more high profile disputes have been in Sannar (Manthai West DS) and Uppukulam (Mannar DS), pitting the Tamil community against the Muslim community. This report by CPA examines the dynamics of these two disputes in order to highlight the dangers of not resolving such disputes, not just at the local level but also in terms of ethnic relations at the district level.

The report also discusses practicable measures to address the competing demands on the one hand and the underlying relationship between the communities on the other. As these cases make clear the failure to address these disputes can thwart the efforts of war-affected communities building their lives back and can undermine trust-building and coexistence in the post-war context.

This report is part of CPA’s work that addresses key post-war issues including land, displacement and durable solutions, coexistence and reconciliation.

Download it as a PDF here.

Centre for Policy Alternatives on 20 March, 2013

Sharing Experiences from the islandwide Citizen Dialogue on the LLRC

19th March 2012, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) has taken a lead in monitoring the levels of public awareness of the Lessons Learnt and Reconciliation Commission (LLRC) and the implementation of its recommendations.  CPA has monitored the proceedings of LLRC and disseminated information to the public through its websites critically analysing shortcomings in the process.

We issued a comprehensive statement on the implementation of the recommendations of the LLRC, no sooner it was published, and advocated the implementation of its recommendations. Furthermore, CPA was the first institution in Sri Lanka to issue a translation of Chapter 9 (Recommendations) of the LLRC Report in Sinhala and Tamil in May 2012 and a report on the benchmarks for peace and reconciliation in post war Sri Lanka.  We also successfully implemented a project promoting Citizen Dialogue on the LLRC, raising awareness of its recommendations and their importance for the process of conflict transformation in Sri Lanka.

One of the significant outcomes of this project was that both the original Commission report and the Action Plan for the Implementation of its recommendations were simplified and made available to more than one hundred and thirty thousand citizens, through publications, mail shot, electronic mail and dialogues held in Sinhala and Tamil at 1033 meetings, facilitated by 47 regional trainers island-wide.

Reports from the media conference held today sharing experiences from the island-wide discussions as well as the findings of the survey of witnesses who testified before the LLRC, are available for download (as PDFs) from the CPA website in English, Sinhalaand Tamil.

You can also read the reports online (in your browser) in English, Sinhala and Tamil.

Centre for Policy Alternatives on 12 March, 2013

Commentary on Accelerated Programme on Solving Post Conflict State Lands Issues in the Northern and Eastern Provinces

In January 2013 the Government issued a new circular titled Accelerated Programme on Solving Post Conflict State Lands Issues in the Northern and Eastern Provinces- Land Circular 2013/01 (herein referred to as the Circular), which is the most recent effort by the Government to address land problems in the North and East. The Circular sets out a process to be implemented over two years to identify and address problems relating to State land in these two provinces. The Centre for Policy Alternatives (CPA) has prepared this short note to highlight key issues and concerns relating to this Circular and its implications if implemented.

CPA has engaged in research and advocacy on land rights and related issues for over a decade, documenting developments and providing recommendations on land and related issues both in terms of the war and the tsunami. In the post-war context, CPA has critiqued and advocated for reform in the existing legal, policy and administrative structures, including with regards to the previous Land Circular (2011/4), so that problems on the ground and grievances of affected communities are addressed.

Download the report here, or read it inline below.