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.

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.

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 EnglishSinhalaand Tamil.

You can also read the reports online (in your browser) in EnglishSinhala and Tamil.

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.

Attacks on Places of Religious Worship in Post–War Sri Lanka

8th March 2013, Colombo, Sri Lanka: While the post-war context offered an opportunity for consolidating peace and reconciliation, and there have been a number of positive developments, there are increasing concerns relating to violence targeting places of worship and religious intolerance. Since the end of the war there have been high-profile incidents such as the attack on the Mosque in Dambulla in April 2012, however other incidents, have received little or no public and media attention. This has resulted in a limited understanding of the scale and nature of these incidents.

This report documents incidents of attacks on places of worship in Sri Lanka since the end of the war in May 2009 and discusses the broader context of such attacks. The report lists 65 cases of attacks on religious places of worship between May 2009 and January 2013. Direct attacks have been reported from all provinces of Sri Lanka, making clear that the threat is not restricted to particular areas. Most of the reported incidents were from the Western province (16), followed by the Eastern province (12), the Southern province (11) and the North-Western province (9).

Although the list cannot claim to be comprehensive, it offers a starting point to document attacks against places of worship of the four main religions practiced in the country. The lack of coverage by the media and other civil society groups, lack of consistent documentation by religious groups, and the cautiousness of religious and civil society groups to engage on this issue were key obstacles in the compiling of this list. This report attempts to address this information gap so as to provide a more comprehensive picture of the ground situation and thereby raise public awareness and increase the understanding of policy makers on this issue.

While the numbers do provide some sense of the scale of the violence, it is important to make distinctions in terms of the nature of violence in each of these incidents. The majority of these cases are against Christian places of worship, mostly against non-traditional churches and there are also a number of attacks on Muslim places of worship. The 65 attacks can be categorized into three main types: inter-communal attacks, intra-religious violence, and robbery.

In terms of inter-communal attacks the bulk of incidents where perpetrators have been identified, are instances of Sinhala Buddhist attacks on other religious communities’ places of worship. While in the majority of incidents the perpetrators have not been prosecuted and in a number of cases are unidentified, in others there are allegations against groups and individuals who are believed to be responsible. A significant proportion of the attacks incidents relating to Buddhist and Hindu religious places are cases of theft and vandalism. There have also been several incidents of intra-religious violence between denominations of all the religious communities apart from the Hindu community.

While a number of the incidents appear to be isolated, in a number of cases it is evident that the attacks on an individual religious place is sometimes preceded by other forms of violence, threats and intimidation against a religious community in a specific area. The report attempts to include some of these incidents, including violence against clergy, protests against religious practices and hate speech, in order to provide a context to the attacks. The continuing acts of violence against places of religious worship coupled with a culture of intolerance are threatening to undermine efforts to consolidate peace, emphasising the need for immediate action by all actors, especially the Government.

Download the full report from here. You can also read it online here.

Download the report in Sinhala here.

Download the report in Tamil here.

The Centre for Policy Alternatives Vs. Attorney General SC SD 3/2013

The Centre for Policy Alternatives (CPA) and its Executive Director challenged the provisions of the Fiscal Management (Responsibility) (Amendment) Bill which was placed on the order paper of Parliament on the 8th of March 2013. The Fiscal Management Responsibility Act was passed in 2003 with the objective to reduce government debt to “prudent levels” and to manage the financial risk faced by the State.

The proposed amendment increases the permissible levels of Government guarantees for borrowing (obtained by State and non-State institutions) and thereby increases the financial risk faced by the country over a period of time. Furthermore the proposed amendment authorises the increase of the permitted level of total liabilities of the Government from the 60% of the estimated gross domestic product (GDP) for the financial year to 85% at the end of the financial year commencing on the 1st of January 2013. In addition the government will be able to maintain government debt to GDP as a percentage of GDP at 80% up until the 31st of December 2020 whereas under the original Act it was meant to be reduced to 60%. This would mean that, if the amendment is enacted, the government would not be compelled to implement strategies to reduce its debt over the next decade.

In accordance with the Constitution, the Parliament is mandated to ensure full control over public finance. However neither the loans obtained or guarantees given on borrowings are individually authorized by Parliament. CPA is concerned that the proposed amendment is part of a continued effort to reduce Parliamentary oversight over public finance which is essential to promote accountability, transparency in the manner in which tax payer money is spent and could have a detrimental effect on future generations.  CPA has on several occasions in the past challenged Bills of Parliament which if enacted would result in Parliament losing full control over public finance (CPA challenged the Appropriation Bill in 2007 and 2012 on this basis). The Supreme Court listed the matter for hearing on 21st and 22nd March 2013. The Supreme Court held that the bill is not inconsistent with the provisions of the Constitution. The bill was passed by Parliament.