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.

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.

30th July 2012, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) views with serious concern, and condemns in the strongest possible terms, the recent incident in which the Mannar courts premises was attacked by a mob, and the Mannar Magistrate and Additional District Judge was reportedly threatened verbally by the Minister of Industries and Commerce, Rishard Bathiudeen. The circumstances of the incident have been widely reported in the media, and have led to statements of condemnation from civil society organisations and the professional bodies of the metropolitan and provincial Bar. Whatever the complexities of the grievances at the heart of the Mannar dispute, under no circumstances can politically motivated attacks on judicial institutions be condoned.

The Court of Appeal has been moved by several senior Attorneys-at-Law to issue show cause notice on Minister Bathiudeen against a possible rule for contempt of court on 26th July, returnable on 5th September 2012. We are pleased that the Bar Association of Sri Lanka (BASL) has associated itself with this petition.

It has too often been the case in the recent past that persons holding high executive office, in word and deed, have demonstrated scant regard and respect for the integrity and independence of the judiciary, which is fundamental to the democratic form of government. The perception that the executive arm supersedes any notion of checks and balances must be arrested forthwith.

We also recall that the courts have not hesitated to use the full force of the law relating to contempt of court against lesser transgressions in the recent past. We hope therefore that the proceedings instituted in the Court of Appeal will lead to the perpetrators of the incident being dealt with according to law, and where guilt or liability is established, with the imposition of appropriate and proportionate punishment, so as to restore public confidence in the rule of law and the independence of the judiciary.

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