3rd October 2012, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) has prepared a Basic Guide on the key provisions in the Divineguma Bill (referred to here as the Bill) which also explains the impact of the Bill if enacted. While the provisions of the Bill impact several different areas this note will primarily address the concerns regarding its impact on devolution.

The petition filed by (CPA) and two other petitioners challenging the Constitutionality of the Bill were taken up by the Supreme Court on 27 and 29 August and the determination on this matter was tabled in Parliament by the Speaker on 18 September 2012. In its determination the Supreme Court determines that it is mandatory for the Central Government to consult the Provincial Councils before placing the Bill on the Order Paper of Parliament.

CPA hopes that this note and other initiatives connected with the Bill will raise awareness among the public and relevant stakeholders on the scope of the Bill and how it can impact devolution, governance and the rights of individuals.

Download the guide as a PDF in English here.
Download the guide as a PDF in Tamil here.
Download the guide as a PDF in Sinhala here.

13th September 2012, Colombo, Sri Lanka: In light of the recent article carried by the Island newspaper dated 7/9/2012 and titled “All three languages compulsory to market drugs from next year” the Centre for Policy Alternatives (CPA) welcomes the stance taken by the Ministry of Health and the Human Rights Commission of Sri Lanka (HRCSL).

CPA notes that this development comes in the wake of two complaints lodged by Lionel Guruge of CPA with the Official Languages Commission and the Human Rights Commission of Sri Lanka.

In spite of Sinhala and Tamil being the Official Languages of Sri Lanka the packaging of pharmaceutical drugs contain descriptions and instructions mostly in English. CPA believes that it is in the public interest that the information on such products should be available without any language barrier, to all citizens of the county. Therefore we have requested that dosages, compositions, side effects and other relevant information on all pharmaceuticals be included in Sinhala and Tamil.

Two hearings were held regarding the complaint HRC 2249-12 made to the HRC (SL.) Respondents in this case included the Chairman, State Pharmaceutical Corporation, Managing Director, State Pharmaceutical Corporation, Director, Cosmetics, Devices & Drugs Regulatory Authority, Sri Lanka, Dr. Ajith Mendis, Director General of Health Services, Dr. Kamal Jayasena, Director, Health Services Section, Dr. Salaka Athauda, Chairman, Indigenous Pharmaceutical Producers Association and the Chairman of the Consumer Affairs Authority.

Accordingly the HRCSL informed in a hearing on August 7th 2012 that the respondents and complainants mentioned above should submit their recommendations by 30th September 2012.

As a National Health Policy is currently being formulated, CPA also suggests that a National Policy on Pharmaceuticals be included containing provisions outlined above.

Language equality implemented, in the printing of currency notes
That the sentence “This currency note that has been issued on behalf of the government of Sri Lanka is valid for any transaction within Sri Lanka” is not included in Tamil, and that the information is not presented in an equal way, in the printing of currency notes of Sri Lanka, was the basis of another complaint filed by Lionel Guruge of the Centre for Policy Alternatives with the Human Rights Commission of Sri Lanka (HRC 2184-12). According to a decision given on 16th July 2012, the Superintendent of Currency who represented the Governor of the Central Bank of Sri Lanka at the inquiry, promised that equal opportunity will be given to both Sinhala and Tamil, the Official Languages of Sri Lanka, in the printing of currency notes in future.

These two actions are part of a programme promoting Language Rights in Sri Lanka, carried out by the Centre for Policy Alternatives.

Download this press release as a PDF in Tamil here.
Download this press release as a PDF in Sinhala here.

3 September 2012, Colombo, Sri Lanka: In late July 2012, the Centre for Policy Alternatives (CPA) released in Tamil, Sinhala and English, three short-form videos and informative posters on online freedom of expression in Sri Lanka. This content is now available on Flickr and YouTube, in addition to the other web repositories noted below. All the content can be distributed, embedded, emailed, broadcast and republished freely. The posters are designed to be clearly legible even in black and white, A4 prints.

• On YouTube
• On Flickr

The Sri Lankan govenrment has since 2007 systematically clamped down on critical content online. Over 2012, this process has dramatically accelerated. The government is now actively pursuing the introduction of draconian laws and taxation to clamp down on, as it sees fit, inconvenient content online. When the new law comes into force in the near future, it will be a new chapter in censorship, affecting all web users in the country, whether or not they are activists or human rights defenders. As Sanjana Hattotuwa, Senior Researcher at CPA and Editor of the online civic media platform Groundviews notes,

The impunity of powerful individuals, retrogressive laws and censorious taxes respectively showcase so much of what’s wrong and getting worse with the freedom of expression our country. We are impervious to the violent censorship of Tamil dissidents in the country, writing against both LTTE and the State, during and after war. But the noose now ensnares a larger community. If you’re producing content on how you see and choose to describe Sri Lanka, you’re now liable for criminal prosecution, regulation and possible taxation. It’s as simple as that.

CPA produced in 2010 and again in 2011 two key reports, the only ones of their kind to date, looking at the erosion of the freedom of expression on the web and Internet in Sri Lanka. As far back as August 2010, when it was evident that the Sri Lankan government was becoming increasingly censorious online, we held a workshop in Colombo looking at how critical dissent online could be strengthened and protected. In early 2011, we produced an online security poster that was widely distributed amongst Sri Lankan civil society in print and electronically.

In mid-2011, we translated from English online security flashcards in Sinhala for activists to use when producing and sharing sensitive content online. Also in 2011, the New York based Committee to Protect Journalists (CPJ) endorsed a blog post by Sanjana Hattotuwa on how web based platforms could be made more resilient to censorship and denial of service attacks (Advice for colleagues on the digital front lines).

CPA’s posters and videos released in July 2012 complement this content and are aimed at informing ordinary users to leading activists who use the web in Sri Lanka today to be more safe in what they say, produce and do. The content can also help circumvent, to the extent possible, website blocks and online surveillance, including over mobile phones. All the videos and posters are available in Tamil, English and Sinhala.

The POSTERS are available for download here. They are very high resolution and will print perfectly in black & white as well as in colour, on any size upwards of A4. You can also freely share, resize and embed on websites, blogs, Pinterest and Facebook.

Limited numbers of high-resolution colour prints of each set of posters will be printed in all three languages, and CPA will send them to those working on FOE issues in Sri Lanka. Please write to sanjanah [at] cpalanka [dot] org directly if you need any copies, which will be sent free of charge within Sri Lanka, subject to availability.

The VIDEOS are available here. They can be downloaded, viewed online over any PC or mobile device and embedded on any social media platform or blog.
Please engage with this content, and share as widely as possible amongst your friends, colleagues and through institutional networks.

22nd August 2012, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) has produced a commentary on the National Plan of Action to Implement the Recommendations of the Lessons Learnt and Reconciliation Commission (LLRC) that welcomes the initiative by the Government to move forward on the LLRC, while pointing out gaps and problems which need to be rectified.

With the formulation of the National Plan of Action to Implement the Recommendations of the LLRC (Action Plan), the Government has set out its plans for implementing some of the findings of the LLRC. The commentary examines the issues covered and the activities and processes identified in the Action Plan, and raises questions and concerns that need to be addressed if there is to be meaningful implementation of the LLRC recommendations. The commentary is accompanied by a detailed table looking at each of the recommendations that are meant to be acted upon under the Action Plan.

CPA has followed the LLRC process, made statements on the process and the Final Report, and proposed ways forward for implementing key recommendations of the LLRC. CPA continues in its endeavour to increase public debate and understanding of the LLRC findings and implications and to provide constructive criticism and suggestions, while continuing to engage in research and advocacy on wider processes relevant to justice, accountability, peace and reconciliation in post-war Sri Lanka.

Read and download the commentary from here.

CPA has also produced a detailed table that examines each of the issues covered in the National Plan of Action to Implement the Recommendations of the Lessons Learnt and Reconciliation Commission (Action Plan) providing a summary of the proposed actions, responsible agencies, indicators, timeframes as well as our own comments, concerns and questions.

Read and download the complete table from here.

17th August 2012, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is concerned about the tabling of the “Divineguma Bill” in Parliament which if enacted will have serious implications for democracy, devolution and good governance in Sri Lanka. CPA and its Executive Director filed a Petition today in the Supreme Court (SC SD 3/2012) challenging the constitutionality of the Bill.

CPA is concerned with both the process by which the Bill was introduced and its substantive provisions. Whilst the Bill has a wide reach, CPA highlights the two most important issues. The Bill, if enacted, provides wide powers to the Minister in charge of Economic Development to regulate and decide on a wide range of issues including subjects within the purview of the Provincial Councils, with limited checks and balances. The Bill contains several clauses providing for the take over of subjects provided in the Provincial Council list in the Thirteenth Amendment to the Constitution, raising serious concerns not merely of centralisation and the consolidation of power, but also of the political will of the Government in terms of its pledges to implement to the full existing provisions in the constitution on devolution.

Furthermore, the Bill if enacted will take away the ambit of oversight mechanisms, especially in the area of financial control and accountability. The Bill also contains provision for officers and servants of the Department established through the Bill to sign a declaration pledging secrecy related to work of the said Department, raising questions as to why such a provision should be included in respect of a Department that is meant to serve and be accountable to the people. CPA holds that any Government institution including departments must be accountable to the legislature and be transparent in their functions especially in the area of finance. Thus, it is essential that all entities receiving and dealing with State funds adhere to the standards set in terms of Chapter XVII of the Constitution.

In addition to the range of substantive issues that are problematic, there are concerns about process. The lack of discussion and transparency prior to the tabling of the Bill and of any known consultation among communities and others who will be affected is extremely troubling. This is a general problem related to the law making process and particularly so in this case, given the implications of such a Bill. CPA hopes that the challenging of the Bill will raise public awareness and generate discussion and debate on it –processes that are paramount in a functioning democracy.

The “Divineguma Bill” can be accessed here.