Centre for Policy Alternatives on 6 May, 2013

Field Report: Jaffna and Killinochchi Districts

6th May 2013, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) undertook a field visit to Jaffna and Killinochchi districts in April to assess the rule of law and human security situation in the areas. The CPA team spoke with a cross section of actors including Government officials, politicians, humanitarian agencies, civil society, media and community groups. During the course of the visit, key themes were highlighted as needing urgent attention including security considerations, preparations for Northern Provincial Council (NPC) elections, the recent land acquisition process and its impact over land ownership and demographic change, as well as larger governance issues. These are briefly highlighted in this report.

Nearly four years after the end of the war, complex and challenging issues abound in the North. This report of a brief visit by CPA highlights some aspects of life in the North. It is by no means a comprehensive or definitive overview of issues on the ground. CPA notes the range of issues that were encountered during the short trip – from the day to day to the larger issues of politics and governance. Many of these issues are not new and have been highlighted by CPA in the past. Accordingly, CPA reiterates the recommendations made in previous years.

In light of possible NPC elections, there is now an opportunity to address shortcomings of previous years. It is paramount that the Government upholds basic constitutional guarantees and fully implements the Constitution including the devolution of power to the Provincial Councils. This visit demonstrated yet again the persistence of land problems, recently compounded by policy directives that may lead to the dispossession of land of thousands. CPA calls upon the Government to take urgent steps to address this situation and to institute processes that are transparent, participatory and just. CPA also calls upon Government and military officials to adhere to promises and pledges made including the release of private lands and to ensure people’s fundamental freedoms are respected. It is important that the Government takes immediate steps to build confidence among the people in the North by addressing the security situation, upholding law and order, providing a conducive environment for free and fair elections and ensuring that basic guarantees provided in the Constitutional and legal framework are adhered to. These steps are fundamental if reconciliation and unity are to be meaningful in Sri Lanka.

Download it as a PDF here, or read it online here.

Centre for Policy Alternatives on 24 April, 2013

Broadening gender: Why masculinities matter

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A study on Knowledge, Practices and Social Attitudes towards Gender and Gender Based Violence in Colombo, Nuwara Eliya, Hambantota and Batticaloa districts

On behalf of CARE International Sri Lanka, SI conducted a Knowledge, Attitudes and Practice (KAP) study, in June 2011, to engage men and boys as catalysts for gender based equity in Sri Lanka. The study was designed by Partners for Prevention (P4P), a UN interagency initiative with UNDP, UNFPA, UNIFEM and UNV. The principal researchers for the Sri Lanka study were Prof. Neloufer de Mel and Ms. Shyamala Gomez. Fieldwork for the study commenced in January 2012 and SI conducted 2000 Male interviews & 1000 Female interviews in the selected districts of Batticaloa, Hambantota, Nawalapitiya and Colombo for the quantitative component.

Childhood experiences, attitudes about relations between men and women, intimate relationships, fatherhood/motherhood, health and wellbeing, awareness about policies were some of the key themes explored in this survey. Given the sensitive nature of the data collected, Personal Digital Assistants (PDAs) were used for data collection.

Download the full report here.

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.