CPA Newsletter - November 2013

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November 2013

Language Audits

In October the Outreach Unit progressed its language audit of project

locations in the North (Jaffna, Mannar and Vavunia). Data wassystematically collected by filling questionnaires following interviewswith a number of government officials. The objective of the languageaudit is to get a sense of the overall extent to which OfficialLanguage Policy is implemented in these areas.

Challenges encountered were also studied and the best ways toovercome these obstacles were examined. State sector intervieweesfor example, demonstrated hesitancy in answering questions due toa lack of understanding, which was then solved through morecomprehensive explanations by trainers.

Public Interest Litigation supporting Language Rights

The Supreme Court issued an orer to the Commissioner of theDepartment of Registration of Persons that all National Identity Cardsissued from 1 January 2014 were to be in both Sinhala and Tamil.This followed from the FR case ofA.P.Danajaya Vs The Departmentof Registration of Personsfiled earlier this year, which was called on21 October 2013 for instructions. The case was filed as part of thethird phase of the Language Rights of Minorities project.

54 other cases for Phase III were identified for action and have beenlisted and submitted for perusal and finalization by the Attorneyat-Law handling the cases. These include cases of language inequalityin privatesector product labeling, school name boards, the Ministryof Fisheries and Aquatic Resources etc.

Outreach Unit

Outreach unit work in Vavuniya

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Page 2Centre for Policy Alternatives: November 2013: http://www.cpalanka.org

The Centre for MonitoringElection Violence CMEV

CMEV launched its final report on the Northern

Provincial Council Elections 2013 in a press

conference in Jaffna on 22October.

Dr.Paikiasothy Saravanamuuttu, Executive Director-CPA

and convener of CMEV attended the press conference

along with Udaya Kalupathirana and Sunil Jayasekara -

Co-conveners of CMEV. Manjula Gajanayake, Co-

ordinator of CMEV and Chandrasekaran Manimaran,

Province Co-ordinator of CMEV were also present at the

event

CMEV was formed in 1997 by the Centre for PolicyAlternatives (CPA), the Free Media Movement (FMM) and

the Coalition against Political Violence as an independent

and nonpartisan organization to monitor the incidence of

election related violence. Currently, CMEV is made up of

CPA, FMM and INFORM Human Rights Documentation

Centre.

CMEV related media links can be accessed via

Militarisation clearly undermined the electoral

process, says Dr. Pakiasothy Saravanamuttu

Polls Monitors Call For Recognition

Ada Derana

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Page 3Centre for Policy Alternatives: November 2013: http://www.cpalanka.org

Media Unit

The Internet Media Association

(IMA) is a new media collective of

which CPA is a founding and

constituent member that aims to

look specifically at threats to

media and citizen generated

content online.

On 15 October 2013, a seminar on

Freedom of Expression (FOE) and

Internet Freedom was held at the

National Library and Documentation

Services Board, No: 14,

Independence Avenue, Colombo 7.

The aim of this seminar was to lookat FOE and recent examples of it on

social and other online media. It also

included looking at proposed

measures by the Government to

clamp down on 'news' websites, the

possibility of self-regulation, ethics,

the limits if any of FOE online,

recourse that aggrieved parties can

take under existing law etc.

Moderated by Anoma Rajakaruna,the panel discussion consisted of

four members, namely, Abdul Halik

Azeez, Tehani Ariyaratne, Dinidu de

Alwis and Sunil Jayasekaram.

Along with the FOE seminar, theIMA

websi was also launched on thiste

day. This website was created in order

to systematically capture, in all threelanguages, reports of censorship, the

impact of statements and laws by

government, as well as act as a hub

for crowd sourced responses to blocks

of particular sites. Additionally it also

seeks to provide material and

resources on Internet security - a form

of clearinghouse and hub for FOE

online.

The Media Unit in CPA was

constituted to inform and shape the

practice and culture of governance in

Sri Lanka through strengthening

professional media as well as through

innovations in new and digital media,

including mobile telephony.

More photos of the event can be

accessedhere.

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Page 4Centre for Policy Alternatives: November 2013: http://www.cpalanka.org

Two year action plan for Lunugala Pradeshiya

Sabha (P.S.)

On 16 October, the Governance Programme of CPA

facilitated a one day workshop for the elected members

and officials of Lunugala P.S. in the Badulla District.

The aim of the workshop was to make an action plan

for the P.S. to integrate all their activities under a

proper time schedule which is fully endorsed by its tax

payers. CPA is providing only the facilitation to make

their own action plan and as predicted by its Chairman

they are expecting to generate more income once thisparticular action plan is in place. As a majority of the

population in the area is estate workers the proposed

action plan focuses on more specific guidelines to

provide better services to them.

Participation

On 18 October, Sriyanie Wijesundara, Coordinator of

the Governance Programme at CPA attended the

opening ceremony of new office premise of the

Walikamam West Pradeshiya Sabha in Jaffna. The

programme is in the process of implementing activitiesto promote peoples participation in this particular P.S.

Ms Wijesundara was invited by the Chairman of the

council.

The Governance & Anti-Corruption programme

commenced in July 2007, the unit focuses on

Governance issues. Other important areas of concern

are procurement, Right to Information and

accountability.

More information on the Governance & Anti-CorruptionProgramme can be foundhere.

Access Flickr sitehere.

Governance and Anti-CorruptionProgramme

Sriyanie wijesundara, Co-ordinator, GovernanceProgramme of CPA is attending the opennning

ceremony of Walikamam West Pradeshiya Sabha

Staff members of Lunugala Pradeshiya Sabhainvolved in making of the two year action plan

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Page 5Centre for Policy Alternatives: November 2013: http://www.cpalanka.org

Media CoverageOn web and mainstream media

Sri Lanka's economic boom fails to erase painful civil war memories,The Guardian, 08 October 2013

Guest Post: Media Repression and Tamils in Sri Lanka,The Agenda, 11 October 2013

Sri Lanka's media struggles to cope with death threats and harassment,The Telegraph, 18 October 2013

CMEV releases election monitoring report,Eye Sri Lanka, 24 October 2013

Its Indias internal matter: Sri Lanka,The Hindu, 25 October 2013

Leading policy expert will discuss at York U event on whats next for Sri Lanka,York Media Relations, 25

October 2013

US spying on allies - SL raises privacy concerns,The Nation, 27 October 2013

Petition against appointment of CJ,The Island, 30 October 2013

Sara Refuse To Participate In De Facto CJ Appointment FR Case Because Bench Fixed By Respondent

Mohan Pieris,Colombo Telegraph, 31 October 2013

Publications Final Report on Election Related Violence: Provincial

Council Elections 2013, Northern Province released 23

October. Full report can be accessedhere.

Issues 7 and 8 of the Vibasha newsletters produced by

the Outreach Unit of CPA were published on 9 and 10

October respectively. They can be accessedhere.

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Page 6Centre for Policy Alternatives: November 2013: http://www.cpalanka.org

Legal & Constitutional UnitCentre for Policy Alternatives and another Vs. D.

M. Jayaratne and others. SC FR 23/2013

CPA and its Executive Director filed a Fundamental

Rights application on 15 January 2013 seeking a

declaration by the Supreme Court that the members

of the Parliamentary Council (the 1stto

5thRespondents) established by the

18thAmendment to the Constitution cannot make

observations to the President with regard to the

appointment of a Chief Justice until the incumbent

Chief Justice (Dr. Shirani Bandaranayake) is

removed from office through a lawful process or until

she reaches her age of retirement.

In light of this the petitioners further sought adeclaration by Court that former Attorney General

Mohan Peiris ( the 6thRespondent in the case)

cannot accept the post of Chief justice or engage in

the functions of that office. However on the same

day as the case was filed, the 6th Respondent was

allegedly appointed as the Chief Justice following his

name being proposed to and approved by the

Parliamentary Council on the same day.

The case was fixed 6 February 2013. A motion was

filed on the 28 January by the Attorney at law of the

petitioners requesting all the Judges of the Supreme

Court (except the 6th Respondent who purports to

exercise the powers and functions of Chief Justice)

hear and determine this case.

On 6 February, the day the case was listed for

support, the matter was moved to the additional list

for mention. The journal entry indicated that the

order was made by the 6th Respondent. An

objection to the 6th Respondents involvement was

raised by counsel in open court. No objections were

made by the Attorney Generals Department on themotion for a full bench and the matter has been

forwarded for an administrative decision. The matter

was mentioned on 5 March. On 11 July, the petition

was taken up before a bench of 5 judges. The

Counsel appearing for the petitioner said that all

Supreme Court judges should be appointed to hear

the case. The counsel appeared for the state

objected it and the case will come up on 16 July

before the same bench.

On 16 July, when the case was called, senior

counsel for the petitioner told the court that he

moves that all judges of the Supreme Court must

hear it without Pieris making a choice. He urged a

full bench to hear the matter. The Counsel

appearing for State said that under the Constitution

it is the Chief Justice who must choose which

judges should hear the case. He commented on

how the integrity of the court would be affected

unless Pieris does not choose. The 5 judges

postponed the case and said they would allow the

Counsel for the petitioner, to make his submissions

on the matter on 25 July.

On 25 July 2013, the Counsel for the Petitioner

moved to withdraw from the case. He informed thecourt that he has good cause to withdraw from

appearing in the case because a party to the case

is being allowed to choose a bench for his own case

against basic legal principles of Natural Justice.

The Counsel for the Respondent wanted the judges

to dismiss the case without the CPA being given

any chance to retain any new counsel. However it

was the contention of the Justice that the petitioner

CPA should not be denied a chance to be heard

and issued notice on the Petitioner and its

registered attorney at law to appear on 26

September and argue the case. The matter was

called on 26September 2013 and re-fixed for 23

October.

The Centre for Policy Alternatives and

Dr. Paikiasothy Saravanamuttu, on the 30 October

refused to participate in the case, as the bench

fixing is done against natural justice.

The Centre for Policy Alternatives Vs. Attorney

General (Appropriation Bill) (SC SD 19/2013)

The Bill titled Appropriation was placed on the

Order Paper of Parliament on 22nd October 2013.

CPA and its Executive Director Dr. P.

Saravanamuttu filed a Petition on 25th October

2013 in the Supreme Court (SC SD 19/2013)

challenging the constitutionality of certain clauses of

the Bill.

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In 2011, Social Indicator conducted the first Democracy in

Post War Sri Lanka survey, which sought to record public

perspectives on democracy in Sri Lanka todaywhat it

means to people, how they participate in it, their

perceptions of and confidence in governance frameworks

and key institutions.

Fieldwork for the second wave of the survey was conducted in

August and September 2013 and interviewed 2045

respondents from the 25 districts.

Amongst the many aspects covered in the questionnaire was

the economic situation that prevails in the country during the

post war period, important issues the community experiences,

the status of democracy in the country, the freedom of media

and religion, views on the impeachment of the chief justice and

views on foreign aid to the country.

Additions to the 2011 questionnaire included questions on

tolerance, national identity, politics and religion, international

relations. The report will be released in November 2013.

Social Indicator is the survey research arm of CPA. Socio-

economic and political issues constitute the predominant focus

of its research.

More information on survey research conducted by the unit

visithere

Social Indicator

In these circumstances CPA submitted that the said clauses cannot be enacted into law unless if

approved by the People at a Referendum in addition to a two-thirds vote of the whole number of the

members of Parliament in favour as required by Article 83(a) of the Constitution.

The matter was taken up in the Supreme Court on 4thNovember 2013. Written Submissions to be filed

on 7thNovember 2013.

Access the petitionhere.

The Legal and Constitutional Unit leads CPAs programming on issues of Constitutional Reform, LawReform, Electoral Reform and Human Rights.

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Page 8Centre for Policy Alternatives: November 2013: http://www.cpalanka.org

Legal & Constitutional Unit

Tel: +94 11-2565304-6

E-mail:[email protected]

Media Unit

Tel: +94 11 2375239

E-mail:[email protected]

Contact

Centre for Policy Alternatives (Guarantee) Ltd. (CPA)

24/2, 28th Lane

Off Flower Road

Colombo 7, Sri Lanka

Tel: +94 11 2565304-6, 5552746, 5552748

Email:[email protected]

Social Indicator

Tel: +94 11 2370472/4Ext 14

E-mail:[email protected]

Governance & Anti-Corruption Programme

Tel: +94-11-2564404

E-mail:[email protected]

Outreach Unit

Tel: +94 11 5540146, 5540141

E-mail:[email protected]

Conflict and Peace Analysis Unit

Tel: +94-11-2565304-6

Affiliated Websites:

Official Facebook:https://www.facebook.com/CPASL

Follow @CPASL on twitter:https://twitter.com/CPASL

The Centre for Policy Alternatives was formed in the firm belief that there is an urgent need tostrengthen 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.

If you are not already subscribed to the CPA Newsletter, subscribe on the CPA website to keep up

with the latest updates from the Centre for Policy Alternatives.