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November 2013

Outreach Unit
Language Audits
In October the Outreach Unit progressed its language audit of project locations in the North (Jaffna, Mannar and Vavunia). Data was systematically collected by filling questionnaires following interviews with a number of government officials. The objective of the language audit is to get a sense of the overall extent to which Official Language Policy is implemented in these areas. Challenges encountered were also studied and the best ways to overcome these obstacles were examined. State sector interviewees for example, demonstrated hesitancy in answering questions due to a lack of understanding, which was then solved through more comprehensive explanations by trainers. Outreach unit work in Vavuniya

Public Interest Litigation supporting Language Rights


The Supreme Court issued an orer to the Commissioner of the Department of Registration of Persons that all National Identity Cards issued from 1 January 2014 were to be in both Sinhala and Tamil. This followed from the FR case of A.P.Danajaya Vs The Department of Registration of Persons filed earlier this year, which was called on 21 October 2013 for instructions. The case was filed as part of the third phase of the Language Rights of Minorities project. 54 other cases for Phase III were identified for action and have been listed and submitted for perusal and finalization by the Attorney atLaw handling the cases. These include cases of language inequality in private sector product labeling, school name boards, the Ministry of Fisheries and Aquatic Resources etc.

The Centre for Monitoring Election Violence (CMEV)


CMEV launched its final report on the Northern Provincial Council Elections 2013 in a press conference in Jaffna on 22 October. 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, Coordinator 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 Policy Alternatives (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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Centre 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 look at 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, the IMA website was also launched on this day. This website was created in order to systematically capture, in all three languages, 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 accessed here.

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

Governance and Anti-Corruption Programme


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 this particular 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.

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

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 activities to 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-Corruption Programme can be found here. Access Flickr site here.

Sriyanie wijesundara, Co-ordinator, Governance Programme of CPA is attending the opennning ceremony of Walikamam West Pradeshiya Sabha

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

Publications
Final Report on Election Related Violence: Provincial Council Elections 2013, Northern Province released 23 October. Full report can be accessed here. 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 accessed here.

Media Coverage
On 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

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

Legal & Constitutional Unit


Centre 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 st of the Parliamentary Council (the 1 to th 5 Respondents) established by the th 18 Amendment 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 a declaration by Court that former Attorney General th Mohan Peiris ( the 6 Respondent 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 the motion 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. Page 6 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 the court 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 26 September 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.

CPA contended that clause 5 and 6 of the Bill were inconsistent with the provisions of Articles 3, 4, 148 Centre for Policy Alternatives: November 2013: http://www.cpalanka.org and 150 of the Constitution and that clause 2(1) (b) and 7 of the Bill were inconsistent with Articles 3, 4

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 4 November 2013. Written Submissions to be filed th on 7 November 2013. Access the petition here. The Legal and Constitutional Unit leads CPAs programming on issues of Constitutional Reform, Law Reform, Electoral Reform and Human Rights.
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Social Indicator
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 today what 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. Socioeconomic and political issues constitute the predominant focus of its research. More information on survey research conducted by the unit visit here

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: info@cpalanka.org Legal & Constitutional Unit Tel: +94 11-2565304-6 E-mail: legal@cpalanka.org Media Unit Tel: +94 11 2375239 E-mail: sanjanah@cpalanka.org Social Indicator Tel: +94 11 2370472/4 Ext 14 E-mail: iromi@cpasocialindicator.org Governance & Anti-Corruption Programme Tel: +94-11-2564404 E-mail: sriyanie@cpalanka.org Outreach Unit Tel: +94 11 5540146, 5540141 E-mail: lionel@cpalanka.org Conflict and Peace Analysis Unit Tel: +94-11-2565304-6

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The Centre for Policy Alternatives 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. 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.

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

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