CHALLENGES AND OPPORTUNITIES 1 GOVERNANCE... 2 PEACE... 3 P.I.L AND POLLING... 4 EVENTS & PUBLICATIONS... 5 ISSUE 1 VOLUME 1 2007 CPA Welcome to Alternatives, a quarterly magazine on the Centre for Policy Alternatives, Colombo, Sri Lanka. Challenges and opportunities for peace and governance By Dr. P. Saravanamuttu, Executive Director Welcome to the latest issue of Alternatives outlining the work of CPA over the last six months. Given the intensification of hostilities in the east and the continuing humanitarian and human rights crisis, our current work retains the primary focus on these issues, identified in 2006. The prospect of protracted conflict both military and political into the second half of 2007, confirms this. CPA s work on humanitarian and human rights protection includes the preparation of research and advocacy materials for the Geneva Human Rights Council sessions as well as participation in events complementing the sessions on the themes of disappearances, IDPs and the freedom of expression. In addition, we have paid special attention to the challenges and opportunities presented by and to the Commission of Inquiry into 16 cases of human rights violations and the Independent International Group of Eminent Persons (IIGEP) attached to it. We also have in collaboration with others, conducted field visits to the East to ascertain the ground situation there in terms of humanitarian standards and human rights protection. CPA s public interest litigation programme on issues of constitutional significance and fundamental rights was highlighted by the Supreme Court order granting interim relief on a petition filed by us on the eviction of Tamils resident in lodges, in the city of Colombo. The decision of the Court was a welcome fillip to human rights protection in Sri Lanka and CPA is very proud of this vindication of its mandate and objectives in securing justice and relief for citizens and the strengthening of governance and the Rule of Law. We gratefully acknowledge the support and well wishes extended to us, especially from our fellow citizens. Two other CPA programmes are worthy of special mention. Our pioneering trilingual initiatives on citizen journalism Groundviews (www.groundviews.lk) and Vikalpa (www.vikalpa.org) have gone from strength to strength registering over 500 page views on average a day. It is an invaluable opportunity for dialogue, discussion and debate, reflecting the diversity of views in and on contemporary Sri Lanka. Readers are invited to avail themselves of this remarkable resource. Our Outreach programmes on local governance and on combating corruption have been highly successful too. Further, enduring links have been forged with community based organizations and activists as a consequence. More challenges ahead are assured and with them, opportunities too, for strengthening democratic governance and peace in Sri Lanka. sara@cpalanka.org
CPA s programming on governance extends to and involves: Power Sharing Options for Sri Lanka and the Federal Idea Policy and Rights Framework for HIV/AIDS Reviews on Laws on Land And Property Strengthening the protection of IDPs and refugees Strengthening humanitarian law and human rights protection Public Service Broadcasting Rule of Law and Independence of the Judiciary Anti corruption governance Issue 1, Vol. 1, 2007 War, Peace and Governance in Sri Lanka A comprehensive report covering issues related to human security, governance, the peace process, constitutional developments, the economy, public opinion shifts and media, this document provides a comprehensive overview of key social, political and economic developments in 2006, with projections into 2007. Download from pers/war_peace_governance.pdf Anti Corruption As part of the USAID ARD Anti Corruption project (ARD ACP) 24 public awareness workshops were completed by early 2007. The objective of the workshops was to raise awareness on anti corruption mechanisms in Sri Lanka and to contribute to the draft national anti corruption plan. They were conducted in 10 districts located in tsunami affected regions. There were 720 people, 123 Community Based Organisations, 26 local NGOs and 3 INGOs involved in this exercise. Aid and service delivery The Anti Corruption Project (ACP) of USAID approached SI to conduct a survey on the perceptions and experience of corruption amongst the Sri Lankan public. SI was also commissioned by the UNDP to conduct a beneficiary survey to assess the satisfaction of tsunami Page 2 victims with regard to the quality, adequacy and efficiency of the reconstruction, recovery and aid/welfare delivery process. The survey will be conducted in three waves from January to March 2007, July to September 2007 and January to March 2008 respectively. Public Service Broadcasting Two thousand copies (Sinhala 1500, English 500 and Tamil 500) of a European Union CPA joint report on public service media were printed in April 2007. The report highlighted the challenges faced by local media and the need to reform state owned media to reflect Public Service values. Human Rights Commission of Inquiry and the International Independent Group of Eminent Persons: Commentary on Developments, January April 2007 comments on the developments since the appointment of CoI and IIGEP and includes vital recommendations for the Government and other actors to ensure the success of these mechanisms. "Our policy brief emphasizes the importance of an impartial, independent and effective investigation into the 16 cases before the CoI and IIGEP. CPA reiterates that such a process needs to be conducted by an independent body, with no undue State intrusion and involvement." said Dr. Paikiasothy Saravanamuttu, Executive Director of CPA. Ms. Bhavani Fonseka, Senior Researcher at CPA and the principal author of the policy brief went on to say that in order to ensure an independent and impartial investigation, it is imperative that the CoI and the IIGEP ensure basic norms be observed such as appointing of independent counsel and constituting an effective victim and witness protection mechanism. See pers/policy_brief_2_2007.pdf Rule of Law CPA is compiling a study on the independence of the Sri Lankan judiciary and in particular the Supreme Court of Sri Lanka. It will also look at the impact of the ethnic conflict on the independence of the judiciary in Sri Lanka.
CPA is deeply involved in lobbying and advocacy in relation to human rights and humanitarian concerns in the context of the prevailing situation in the country. This work includes engaging in discussions with key stakeholders, fact finding missions, issuing of statements, and monitoring of the situation. peace Issue 1, Vol. 1, 2007 Civil society & peacebuilding Social Indicator (SI) in collaboration with the Peace and Conflict Unit is involved in the mass survey component of the ethnic violence and civil society study of the Centre for South Asian Studies of the University of Michigan. Prof. Ashutosh Varshney is the Director of this project. Having completed the data analysis of the mass survey SI is now engaged in conducting interviews with the members of the civil society organisations in Colombo, Negombo and Kandy. SI was commissioned by the Feinstein Centre at Tufts University to do the Sri Lankan part of the study called Humanitarian Agenda 2015 (HA2015). HA2015 aims to explore the challenges facing the humanitarian enterprise over the next decade. The project has commenced with a series of country level studies, of which Sri Lanka is one, to elicit the views of ordinary people, informed stakeholders and beneficiaries of humanitarian assistance on the dynamics of aid in relation to a) the coherence between political and humanitarian agenda's b) security c) terrorism and counterterrorism and d) notions relating to the universality of humanitarian assistance. SI will conduct random interviews, indepth interviews and Focus Group Discussions (FGDs) with respondents from the districts of Galle, Kandy, Trincomalee and Anuradhapura. For more information on CPA s surveys on peace and governance, visit http://www.cpalanka.org/polling.html Media & peacebuilding CPA and the Berghof Foundation for Conflict Studies, Sri Lanka, came into an agreement for the establishment of a Media Centre in collaboration with the five media organizations (Free Media Movement, Federation of Media Employees Trade Union, Sri Lanka Working Journalists Association, Sri Lanka Tamil Media Alliance and Sri Lanka Muslim Media Forum). The central aim of the media centre is to enhance and encourage professional solidarity among media practitioners in Sri Lanka. It will serve as a resource centre for all national and provincial journalists. The Legal Unit assisted the Media Unit in drafting two Bills promoting Public Service Broadcasting in Sri Lanka. The Bills focus on the establishment of a Public Service Broadcasting Corporation and a Public Service Broadcasting Authority. Citizen Journalism and New Media CPA runs two citizen journalism websites in support of the Centre s mission to strengthen governance and democracy. Groundviews, launched in late 2006 (www.groundviews.lk) and Vikalpa, launched in July 2007 (www.vikalpa.org) are unique websites in Sri Lanka and complement over 400 hours of audio programming on Voices of Reconciliation Radio (VOR Radio http://radio.voicesofpeace.lk), covering issues related to development, humanitarian aid, human rights, governance, peace and democracy in Sinhala, Tamil and English. Content on all three sites offer a level of journalism, research and analysis not often found in mainstream media. Further, stories and articles on all three sites are increasingly picked up for republication and re broadcast by established print and electronic media in Sri Lanka and in South Asia. Fact finding missions The Peace & Conflict Analysis Unit along with the Legal and Constitutional Unit were a part of two fact finding missions to Batticaloa and Trincomalee in April 2007. CPA along with Colombo based human rights organisations has conducted fact finding mission since the upsurge in violence in April 2006. Subsequent reports of CPA highlight the continuing insecurity in the East and issues related to the humanitarian situation including the lack of disaster preparedness and forced resettlement. CPA continues to monitor reports of killings and abduction in the media and political developments pertaining to human rights protection. Documentary on the Ethnic Conflict As part of a programme to gather community views and opinions on the effect of war and viewpoints on various negotiated solutions, the Outreach Unit undertook two missions (field visits) to Polonnaruwa and Anuradhapura, Trincommalee and Vavuniya during late April and early May. 16 locations were visited in the two areas. The team met and recorded the views of more than 450 persons. Page 3
Peace Confidence Index (PCI) Litigation & polling Issue 1, Vol. 1, 2007 PCI strives to measure the level of public confidence in the peace process using a set of standardized questions, which remain unchanged with each wave, as well as a set of questions related to contemporary social, economic and political developments in order to gauge public opinion on the peace process. PCI reports in 2007 capture the public mood during a time in which violence and hostilities in the North and East of Sri Lanka intensified. PCI offers a unique statistical foundation for peace and conflict analysis said Mr. Pradeep Peiris, the head of Social Indicator, and we are keen that all interested parties avail themselves of this data. The PCI reports in 2007 are a clear indication of the sharp divisions amongst the communities polled on perceptions of conflict and peace in Sri Lanka, said Dr. Paikiasothy Saravanamuttu, Executive Director of CPA. He went on to say the findings clearly indicate the growing disconnect between the erosion human rights in Sri Lanka today and public awareness of this grim reality. PCI offers us unique perspectives in this regard, that we all need to use to strengthen human rights and governance. Public Interest Litigation February 2007 CPA filed an application seeking writs against those appointed to the Human Rights Commission (HRC) by the President to prevent them from exercising any powers vested as members of the HRC. April 2007 CPA filed an application in the Court of Appeal seeking writs against the Prime Minister, Leader of the Opposition, Speaker and others responsible for the non constitution of the Constitutional Council. Leave to proceed was granted by Court and the Attorney General has filed objections on behalf of the Prime Minister and the Secretary to the President. CPA further filed a petition seeking writs against the IGP for the exercise of powers vested in the National Police Commission (NPC) by the 17th Amendment to the Constitution, after the members of the NPC ceased to hold office. CPA s contention was that the NPC has delegated certain powers to a Committee comprising of three members of the NPC, as well as to DIGG and SSPP within their ranges, and therefore, the IGP has no authority to exercise the powers vested with Committee and the DIGG and SSPP. This was supported and interim relief was refused by order dated 8th May 2006. This matter will come up again for the Respondents to file their objections. June 2007 An interim order was issued by the Supreme Court of Sri Lanka on the 8th of June 2007 directing the Inspector General of Police (IGP), Defense Secretary Gotabaya Rajapakse and eight other respondents to halt the eviction of Tamil persons resident in lodges in Colombo. The interim order further prevents the respondents from preventing Tamil persons from entering and/or staying in any part of Colombo. The interim order was issued on the fundamental rights application made by the Centre for Policy Alternatives (CPA) and Dr. P. Saravanamuttu. The petitions were filed in response to the mass scale eviction of Tamils that took place on the 7th of June 2007 a move that is directly attributable to the statement made by the IGP on the 1st of June that Tamil people cannot remain in Colombo without a valid reason. Leave to proceed on all grounds cited in the petitions has been granted. The case will be heard by the Supreme Court on 28 th November 2007. Further reading: http://www.cpalanka.org/research _papers/press_release_on_the_in terim_order.pdf http://www.cpalanka.org/stateme nts/sc_leave_to_proceed.pdf Page 4
vents & publications Events & workshops Rohan Edrisinha made a presentation at the Sub Regional Hearing of the ICJ (International Commission of Jurists) Eminent Jurists Panel on Terrorism, Counter Terrorism and Human Rights South Asia Hearing held in New Delhi on 27 28 February. Dr. P. Saravanamuttu and Ms. Bhavani Fonseka made representations to policy makers in the United Kingdom and United States and the United Nations in April / May 2007 on the human rights and humanitarian situation in Sri Lanka. Their visit included a presentation to the Human Rights Caucus of the US House of Representatives and meetings with Government representatives in London and Washington DC. Dr. P. Saravanamuttu and Ms. Bhavani Fonseka made presentations on the human rights and humanitarian situation respectively at an even organised by the International Commission of Jurists, Amnesty International and Human Rights Watch during the March sessions of the Human Rights Council in Geneva. Mr. Santiago Corcuerra, Chairperson of the UN Working Group on Enforced and Involuntary Disappearances and Mr. Siri Jayatunge of the Civil Monitoring Commitee also spoke. CPA, in collaboration with the Forum of Federations, organized a workshop on Power Sharing Options for Sri Lanka & the Federal Idea on 15th and 16th of February 2007 at Chaaya Citadel, Kandy. A public lecture on New Trends in Federalism by Mr. George Anderson, President, Forum of Federations, on 19th February at BMICH. CPA's Outreach Unit organized a two day Workshop on Awareness Raising for Local Government Representatives and Officials from Medirigiriya PS and Gampola UC, from the 26th 27th May 2007 at Kandalama Hotel, Dambulla. Policy Briefs Commission of Inquiry and the International Independent Group of Eminent Persons: Commentary on Developments January April 2007 pers/policy_brief_2_2007.pdf A Commentary on the Commission of Inquiry and the International Independent Group of Eminent Persons February 2007 pers/coi_and_iigp_final.pdf Reports and conference papers Awareness Raising Programme for Local Government Representatives and Civil Society Leaders, May 2007 pers/arlg_may_26_27_report.pdf War, Peace and Governance in Sri Lanka Overview and Trends 2006 an annual report of key trends affecting the peace process January 2007. pers/war_peace_governance.pdf Towards a North Eastern Consensus by Dr. Devanesan Nesiah pers/towards_a_north Eastern_Consensus.pdf Press Releases CPA response to the statement by the International Independent Group of Eminent Persons (IIGEP) of 12th June 2007 pers/press_release_response_to_stat ement_by_iigep.pdf Press Release on the interim order issued by the Supreme Court of Sri Lanka on the eviction of Tamil persons from Colombo on 9 th June 2007 pers/press_release_on_the_interim_o rder.pdf Reports of Fact Finding Missions Report of the fact finding mission to Batticaloa to assess the resettlement process carried out by a team that included CPA in May 17 18 2007. pers/batticaloa_may_2007.pdf Report of the fact finding mission To Trincomalee District including Town and Gravets, Mutur and Seruwila, carried out by a team that included CPA in April 23 27 2007. pers/trincomalee_april_2007.pdf Page 5
CPA admitted to membership of International Association for Constitutional Law The Centre for Policy Alternatives was confirmed as a member of the International Association for Constitutional Law (IACL) at its recent Executive Committee meeting and World Congress held in Athens, Greece, recently. The International Association of Constitutional Law, which was established over twenty five years ago is an worldwide association of constitutional scholars, national chapters and national organizations with a proven record in promoting constitutionalism and the rule of law. Its objectives include The Centre for Policy Alternatives (CPA) was formed in the firm belief that there is an urgent need to strengthen institution and capacity building for good governance and conflict transformation in Sri Lanka and that non partisan civil society groups have an important and constructive contribution to make to this process. The primary role envisaged for the Centre in the field of public policy is a pro active and interventionary one, aimed at the dissemination and advocacy of policy for non violent conflict resolution and democratic governance. Accordingly, the work of the Centre involves a major research component through which the policy advocated are identified and developed. Contact Details: 24/2 28th Lane, off Flower Road Colombo 7, Sri Lanka Telephone: +94 (11) 2565304/5/6 Fax: +94 (11) 4714460 Web: www.cpalanka.org Email: info@cpalanka.org To develop a network of constitutionalists from countries throughout the world. To provide a forum for the exchange of knowledge and information about constitutional systems. To examine and compare common constitutional issues and phenomena. To anticipate new issues and identify approaches which might be taken to them. To offer a pool of experts from which teams might be constructed to examine and provide advice on particular issues. CPA s application was recommended by a membership committee chaired by renowned British constitutional scholar, Prof. A.W. Bradley, and approved unanimously by the Executive Committee. Professor Didier Maus of France was elected President of the IACL replacing Professor Cheryl Saunders of Australia. Theunis Roux of South Africa was reelected Secretary General. Rohan Edrisinha, Director and Head of the Legal and Constitutional Unit, Centre for Policy Alternatives was elected to the IACL Executive Committee for the period 2007 10. Mr. Edrisinha was invited to co chair and moderate the workshop sessions at the IACL World Congress on Electoral Systems. He was also invited to deliver a lecture at the Faculty of Law, University of Athens, on the subject Constitutional Reform for Conflict Resolution: The Sri Lankan Experience.