Centre for Policy Alternatives on 7 June, 2012

K.K.P.R Amarasinghe Vs. Chief Minister of Eastern Provincial Council CA (writ) 156/2012

Centre for Policy Alternatives supported filing a writ application by a voter in the Eastern province praying for a Writ of Prohibition preventing the Chief minister of the Eastern province from taking any steps to advice the governor of the Eastern Province, Rear Admiral (Retd.) Mohan Wijewickrama to dissolve the Eastern Provincial Council prior to the expiration of its five-year term. This case was filed on 7th June 2012 and was to be taken up on 11th July.

The Eastern Provincial Council and two other Provincial Councils have been dissolved on the 28th of June 2012.In these circumstances, the case was withdrawn and a fresh writ application CA (Writ) 178/2012 – Rasiah Thurairatnam vs. Chief Minister of EPC, was filed on 29th June 2012. In this case, the Petitioner prayed for a Writ of Certiorari to quash the decision of the Governor of the Eastern Province to dissolve the EPC and for a Writ of Prohibition to prevent the Election Commissioner and / or his officers from taking any steps whatsoever to hold elections until the hearing and the final determination of this application.

The matter was heard on 30th   July 2012 by a special bench of the Court of Appeal .The order was delivered on 9th August 2012. Accordingly the petition was dismissed inter alia on the view that the dissolution of the Provincial Council by the Governor is consistent with Article 154B (8)(d) of the Constitution.

In both CA (writ) 156/2012 and CA (Writ) 178/2012) CPA supported the petitioners to file the cases.

Centre for Policy Alternatives on 2 June, 2012

Tamil Language Rights in Sri Lanka

2 June 2012, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is pleased to release it’s latest tri-lingual publication, Tamil Language Rights in Sri Lanka. As noted in the Introduced penned by Dr. Paikiasothy Saravanamuttu, the Executive Director of CPA,

“‘Tamil Language Rights in Sri Lanka’ is written by a distinguished former civil servant and a valued colleague at CPA. Dr. Devanesan Nesiah also headed the team appointed in 1998 by the Official Language Commission of Sri Lanka to conduct an Audit on the Use of Tamil as an Official Language in the provinces outside of the North-East. Consequently, this monograph is enriched with both experience and expertise on a subject that was at the heart of the ethnic conflict in Sri Lanka and one that continues to be integral to the challenge of our transition from a post-war society to a post-conflict one.”

Dr. Saravanamuttu ends by noting that,

“Upholding Tamil language rights in Sri Lanka will not be sufficient for ensuring peace, reconciliation and unity. However, it incontestably constitutes part of a package of reforms that are necessary for peace, reconciliation and unity. At the heart of the challenge is not the availability of resources; it is political commitment and mind –set as it is for the other issues that are in need of resolution for Sri Lanka to become the truly, sustainable post-conflict society with democratic governance desired by all of its peoples.”

Download as PDFs in Tamil, Sinhala and English.

Centre for Policy Alternatives on 30 May, 2012

Short-Term Benchmarks for Peace and Reconciliation in Post-War Sri Lanka

30 May 2012, Colombo, Sri Lanka: The Centre for Policy Alternatives is pleased to release it’s latest report, Short-Term Benchmarks for Peace and Reconciliation in Post-War Sri Lanka. The report provides a set of key measures that need to be implemented by the Government in the short term in order to achieve peace and reconciliation. It calls for actions in twelve thematic areas and lists recommendations including those in the interim and final recommendations of the Lessons Learnt and Reconciliation Commission (LLRC) and other official documents such as the National Human Rights Action Plan and Universal Periodic Review pledges, as well as those identified by CPA as critical to facilitating the transition from a post-war to a post-conflict society.

While the document identifies twelve thematic issues, several cross-cutting themes such as human rights, justice, accountability, gender, minority rights and vulnerabilities have been treated together constituting an overarching framework.

The document is primarily addressed to the Government in order to strengthen efforts to implement the recommendations of the LLRC and other key initiatives, but also highlights vital areas requiring the attention of political, civil society and other actors.

Short-Term Benchmarks for Peace and Reconciliation in Post-War Sri Lanka is part of a larger initiative on the part of CPA to generate public debate on reconciliation and explore modalities in moving forward.

Download the report as a PDF here.

Centre for Policy Alternatives on 25 May, 2012

Tamil and Sinhala translations of LLRC Final Report’s recommendations

25 May 2012, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) has repeatedly called upon the Government to make the final report of the Lessons Learnt and Reconciliation Commission (LLRC), released in early December 2011, available in Sinhala and Tamil.

Up until May 2012, several months after the release of the report in English, there are still no official translations in the public domain. The following translations of the chapter containing recommendations were commissed by CPA with a view to making key content in the LLRC’s final report more widely known and accessible, and thereby, subject to more public debate and scrutiny in Sri Lanka.

Download the translation in Sinhala as a PDF here.
Download the translation in Tamil as a PDF here.

Centre for Policy Alternatives on 15 May, 2012

Abdul Majeed Abdul Fareed Vs. Chandraprapalini Krishnagopal and other

 CA (Writ) 135/2012

The Centre for Policy Alternatives supported four farmers in Thambalagamam area in Trincomalee to file a writ application in the Court of Appeal against Chandraprapalini Krishnagopal Grama Niladari , Kovilady , Thampalakamam and others; by drafting the Petition, bearing the cost of litigation and assisting with field research etc, The Petitioners are residents of the Kinniya and Thampalakamam Grama Niladari divisions in the Kinniya and Thampalakamam Divisional Secretariat’s division of the Trincomalee District. They are challenging the construction of the outer circular road which is being constructed by the military, Urban Development Authority and a private constructor. This construction will obstruct the farmers who engage in paddy cultivation, which is their sole source of income. The road if completed will dispossess the farmers of their private land and their livelihood. Further in the aforesaid circumstances, the petitioners prayed for a writ of Mandamus ordering that the relevant plan relating to construction of the said highway is produced by the relevant authority, a writ of Certiorari to quash the decision of the Respondents to construct the said Highway in the above manner and a writ of Prohibition to prevent the construction of the said highway.

The case was filed on 15th May 2012 and was taken up on 24th May, 5th June and 2nd July for support and the case was mentioned in court on 11th July and was taken up again on 28th August 2012 in the Court of Appeal. The case is scheduled to be taken up on 15 November.

Centre for Policy Alternatives on 15 May, 2012

Abdul Majeed Abdul Fareed Vs. Chandraprapalini Krishnagopal and other CA (Writ) 135/2012

The Centre for Policy Alternatives(CPA) supported four farmers in Thambalagamam area in Trincomalee to file a writ application in the Court of Appeal against Chandraprapalini Krishnagopal Grama Niladari , Kovilady , Thampalakamam and others; by drafting the Petition, bearing the cost of litigation and assisting with field research etc, The Petitioners are residents of the Kinniya and Thampalakamam Grama Niladari divisions in the Kinniya and Thampalakamam Divisional Secretariat’s division of the Trincomalee District. They challenged the construction of the outer circular road which was to be constructed by the military, Urban Development Authority and a private constructor. This construction would have obstructed the farmers who engage in paddy cultivation, which is their sole source of income. The road if completed would have dispossessed the farmers of their private land and their livelihood. In the aforesaid circumstances, the petitioners prayed for a writ of Mandamus ordering that the relevant plan relating to construction of the said highway to be produced by the relevant authority, a writ of Certiorari to quash the decision of the Respondents to construct the said Highway in the above manner and a writ of Prohibition to prevent the construction of the said highway. The case was filed on 15th May 2012 and was taken up on 24th May, 5th June and 2nd July for support and the case was mentioned in court on 11th July and was taken up again on 28th August 2012 in the Court of Appeal.

On 17th July 2013, the Deputy Solicitor General informed court that the Respondents would take steps to construct the highway only after acquiring the relevant portion of the land, in accordance with the relevant laws. In view of this undertaking, the Counsel for the petitioners moved to withdraw the case.

Centre for Policy Alternatives on 30 April, 2012

Brief Note: Legal Framework Governing Places of Religious Worship in Sri Lanka

30 April 2012, Colombo, Sri Lanka: This note is an introduction to the legal framework governing places of religious worship in Sri Lanka, with specific focus on the ownership and control of such land. Recent events such as the attack on the Jumma Mosque of Dambulla, the claim that the Mosque and other buildings in the area are situated in a “sacred area” and the contestation regarding the ownership of the property and legality of the construction have intensified a larger debate beyond the specific problem in Dambulla to legal and other challenges pertaining to religious freedoms, religious institutions and related land rights. This debate needs to be situated in a wider discussion on religious tolerance in Sri Lanka and the guarantees provided in the present Constitution.

At the outset it must be noted that the legal and policy framework pertaining to land goes back decades and is in some instances archaic, requiring reform. The plethora of laws, regulations, gazettes and policies in this area contributes to the confusion. This is exacerbated by practical problems such as the loss or lack of legal documentation, fraudulent documentation, boundary disputes, contestation of ownership and occupation by others, particularly in the war-affected areas that demand urgent legal and policy initiatives in the post-war context. This is further compounded by the confusion over whether individual plots have been classified as state and private land, which directly impacts ownership and control of the particular land. In the instance of the Dambulla Mosque, contradictory reports have created confusion as to the rightful owner of the land due to the contestation of ownership and the lack of clarity regarding which laws are applicable to the specific case. This has exacerbated tensions among the affected groups in the Dambulla issue and has had a ripple effect in other parts of the country. As to how this issue is addressed can have a far reaching impact on other instances of disputes related to land issues related to religious institutions and also on relations between communities.

In this regard, the Centre for Policy Alternatives (CPA) has produced this short note to outline specific laws that have a relevance over lands and property where religious buildings are situated and owned by religious entities.

Download the report as a PDF here.