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CSCD takes up battle cry for elections

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The Civil Society Collective for Democracy (CSCD) says that recent statements from the President, the Speaker and some other MPs who attempt to undermine judicial independence are deeply troubling.

CSCD says that the 21st Amendment to the Constitution has re-established the independent commissions, but the recent acts of intimidation targeting members of the Election Commission and the Public Utilities Commission are examples of the disabling environment that has been created for these institutions. “At the heart of the matter, citizens’ sovereign right to vote has been infringed upon using financial constraints as an excuse, an explanation lacking credibility. Currently Sri Lankans have no elected representatives at local and provincial levels and these institutions are governed by unelected officials controlled by a centralised executive. This if not addressed soon may call into question the definition of Sri Lanka as a democracy,” it said in a statement issued to the media following a meeting held at the Sri Lanka Foundation Institute (SLFI) in Colombo on Tuesday (29).

CSCD is a coalition of concerned citizens and organizations including civil society organizations, professionals, academics, trade unions, youth leaders, activists, media personnel, religious figures, and other influencers, convened the meeting to deliver a crucial wake-up call to the nation’s political leaders. The urgent call is to halt state repression and safeguard the democratic rights of the people, in order to ensure actual and equitable economic recovery.

The CSCD expresses deep concern over the rapid shrinking of democratic space within the country, with Constitutionally guaranteed rights and freedoms such as the freedom of expression, right to information, right to dissent, right to protest, freedom of association and the right to franchise being snatched away, leaving citizens often powerless. This surge in silencing voices and the targeting and harassment of those who question the authorities, have created a chilling effect among the people, leading to self-censorship.

Furthermore, the rulers have been abusing the International Covenant on Civil and Political Rights (ICCPR) and the contentious Prevention of Terrorism Act (PTA) to target political opponents, civil society activists, and journalists, contrary to international commitments, including those made at the United Nations Human Rights Council (UNHRC). The recent attempts to introduce extremely oppressive versions of laws such as the Anti-Terrorism Act, Broadcasting Commission Act and the NGO Act are examples of Government’s attempt to threaten and control democratic space.

To uplift Sri Lanka from the economic crisis, it is essential to address its root causes – poor governance, lack of inclusivity and corruption. Unless these fundamental issues are addressed, Sri Lanka will continue to be considered as a complex investment context that will discourage investors and thus hamper economic recovery.

Ensuring transparency and accountability in governance is essential to prevent corruption and to ensure good governance. For people to be able to hold their representatives and the stewards of public resources accountable, they need to be able to exercise their democratic rights and freedoms. A truly democratic system would enable citizens to elect and vote out their representatives regularly, be involved and informed of all Government’s decisions that affect their lives, be able to dissent and make their voices heard in protest and be able to form collectives and exert pressure on the authorities to change course when necessary.

A government that acts in the best interest of the people and is genuine in its effort to uplift the economy will not hesitate to expose themselves to public scrutiny.

In line with these principles, the CSCD calls upon the political establishment to take immediate steps to uphold and defend the foundational principles of democracy by:

– Ensuring that free and fair elections essential for inclusion are held on time, starting immediately with the Local Government and Provincial Council Elections.

– Uphold the fundamental rights of citizens, including freedom of expression and association and right to information.

– Protect civic space and create an enabling environment for civil society activism.

– Ensure citizen consultation and participation in steering economic recovery.

– Govern with transparency and accountability, ensuring full public scrutiny.

– Empower the independent commissions to fulfill their roles effectively.

– Take a genuine effort to implement essential anti-corruption reforms.

-Take action to prosecute past and present acts of corruption to end the climate of impunity,” the CSCD said.



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Prison rules to be revised over monks’ attire

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Harshana

Appointment of committee eyewash, says UNP

The government is considering changes to prison regulations pertaining to the treatment of Buddhist monks serving jail terms, including their right to wear monastic robes when taken outside prison.

Justice and National Integration Minister Harshana Nanayakkara announced the proposed changes yesterday (14) following the submission of an interim report by a committee appointed to review the rules and procedures governing prisons.

The report was handed over to Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat.

One of the key recommendations is to amend Prison Standing Order 356 by introducing a new provision, 356(A). The proposed revision would require prison authorities to consult the Department of Buddhist Affairs on the removal of a monk’s robes upon admission to prison. The Commissioner of Prisons would be allowed 10 days to notify the department and take the necessary steps.

A separate amendment to Departmental Order 550 would allow Buddhist monks to wear their robes whenever they are taken outside prison, unless their respective Nikaya formally requests that the privilege be withdrawn.

The committee has also recommended extending similar arrangements, with suitable modifications, to members of other religious clergy who are imprisoned.

The proposals follow concerns raised over the treatment of Ven. Galagoda Aththe Gnanasara Thera after he was taken into custody. President Anura Kumara Dissanayake subsequently held discussions with representatives of the three main Buddhist Nikayas and appointed the committee to examine the existing legal framework.

Nanayakkara said the interim report had been forwarded to the Acting Commissioner General of Prisons, along with instructions to revise the relevant standing orders in accordance with its recommendations.

The proposed amendments have yet to be confirmed as formally implemented.

Meanwhile, the UNP yesterday criticised the government’s decision to appoint a committee to make recommendations on the attire to be worn by imprisoned Buddhist monks and other religious leaders when taken outside prison, describing the move as unnecessary.

In a statement issued yesterday (14), the UNP said the procedures governing the matter were already clearly set out in the Department of Prisons’ Standing Orders, making the appointment of a separate committee unwarranted.

The party cited remarks by Professor G.L. Peiris, Convenor of the Janathawadi Joint Opposition, who had described the committee’s appointment as a

“complete eyewash” and questioned the need for such a move.

Referring to Standing Order 550 of the Prisons Department, the UNP said convicted prisoners appearing before court for legal proceedings should not be required to wear prison uniforms.

It further stated that the regulations allowed prisoners to wear civilian clothing consistent with what they wore before imprisonment, including attire appropriate to their cultural and religious backgrounds.

The UNP accused the government of unnecessarily prolonging the issue by appointing a committee, despite the existence of regulations governing prisoners’ attire.

The party also called on the government to seek forgiveness from the Mahanayake Thera and the Sangha Council of the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha of the Siyam Maha Nikaya over the decision concerning the religious attire of Ven. Galagoda Aththe Gnanasara Thera.

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AC President recuses himself from hearing prison attire case pertaining to Gnanasara Thera

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Court of Appeal President Justice Rohantha Abeysuriya yesterday withdrew from the bench hearing petitions challenging the decision by prison authorities to require Ven. Galagoda Aththe Gnanasara Thera to wear prison attire following his imprisonment.

The decision was announced when the petitions seeking to invalidate the prison authorities’ decision were taken up for consideration on October 14.

Following his withdrawal, a three-judge bench was appointed to hear the petitions.

The petitions relate to the prison authorities’ decision to require Gnanasara Thera to wear prison attire after he was taken into custody to serve the remainder of his sentence for contempt of court.

In September this year, the Supreme Court annulled the presidential pardon granted to Gnanasara Thera by former President Maithripala Sirisena in May 2019.

Following the ruling, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remainder of the monk’s prison sentence.

Gnanasara Thera had originally been sentenced to six years’ imprisonment for contempt of court but had served only around nine months before receiving the presidential pardon in 2019.

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Court orders steps to obtain INTERPOL Red Notice against Basil

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Basil

The Fort Magistrate’s Court yesterday issued an arrest warrant for former Minister Basil Rajapaksa over the alleged misuse of funds belonging to the Sri Lanka Tourism Promotion Bureau during the 2014 Uva Provincial Council election.

The Magistrate also directed the CID Illegal Assets Investigation Division to take necessary steps to obtain a Red Notice through Interpol.

The orders were issued following submissions made by the CID in connection with the alleged financial irregularities.

The CID’s Illegal Assets Investigation Unit informed the court that Rs. 7.8 million allocated to the Sri Lanka Tourism Promotion Bureau in 2014 had allegedly not been used for the Bureau’s promotional activities.

Instead, the funds had allegedly been used to provide 12,000 T-shirts during the Uva Provincial Council election, causing a financial loss to the government, the CID told court.

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