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.

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.

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.

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.

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.

Jovita Arulanantham Vs. University of Colombo (SC FR 40/2012)

A fundamental rights/language rights petition was filed by the Petitioner with the support of The Centre for Policy Alternatives (CPA) on 25th of April 2012 in the Supreme Court challenging the Institute of Human Resource Advancement (IHRA) of the University of Colombo, for conducting its courses only in the Sinhala language, without conducting the similar course in Tamil language. Leave to proceed was granted by the Supreme Court and fixed for argument in November 2012. The Attorney General’s Department filed objections and the case came up for argument on 18th November 2013.On the 26th of February 2014, the matter is fixed to be mentioned 15th July 2014.

Language rights in Sri Lanka: Display of bus route boards in all three languages

20 March 2012, Colombo, Sri Lanka: That signboards are in Tamil on most buses plying in the North and East, and in Sinhala on those outside of these two provinces, was the basis of four submissions to the Human Rights Commission of Sri Lanka made by Lionel Guruge on behalf of the Centre for Policy Alternatives. The Secretary of the Ministry of Private Transport Services and the Chairman of the Sri Lanka Transport Board and the Ministry of Transport were sited as the respondents. These submissions were heard on 13th February 2012 by Ms. Thusitha Samarasekera – AAL –Director (Monitoring and Review) at the Human Rights Commission of Sri Lanka.

The Chairman of the Sri Lanka Transport Board did not appear for the hearings. The petitions HRC/ 282 / 2012 and HRC / 284 / 2012 were directed at the Secretary of the Ministry of Private transport Services who was represented by the Deputy Director of the National Transport Commission, Ms. S.N.G. Edirimanna‐ AAL. Though Inter Provincial buses displayed name board in all three languages, the Deputy Director accepted that private buses plying within a Province did not do this, after consultations with the Secretary and via the phone during the hearing. It was promised that at the monthly progress meeting, held under the aegis of the Minister, the matter would be taken up, a decision on policy taken and relevant transport officials notified. She further promised to send the relevant extracts of the progress review session to the Sri Lanka Human Rights Commission with copies to the petitioners.

It was noted that the relevant policy would be decided upon within a month, to which the Secretary of the Ministry of Private Transport Services also agreed over the phone. To review the progress made, Human Rights Commission of Sri Lanka will hear the case again in two months.

  • Please read media coverage of this issue published in the Sunday Times here.
  • Download this press release in Sinhala or Tamil.
  • Read letter from Ministry here.