Sri Lanka: People's Alliance Party, Arachchikattuwa, including structure, leadership and establishment; relationship with the United People's Freedom Alliance (UPFA) (2010-November 2014)

1. The People's Alliance Party, Arachchikattuwa

Political Parties of the World, published in 2009, states that the People's Alliance (PA) was a coalition of left-leaning parties dominated by the Sri Lanka Freedom Party (SLFP) (Sagar 2009, 550). The same source states that the PA was "superseded" by the UPFA in 2004 (ibid.). Similarly, Political Handbook of the World (PWH) for 2014 indicates that the UPFA was formed in 2004, and was an "expansion" of the PA (PHW 2014, 1351). Freedom House reports that in 2010, President Mahinda Rajapaksa [Rajapakse] of the ruling UPFA won a second six-year term in office (2014). According to the website of the Sri Lanka Department of Elections, the PA is identified on the July 2014 list of government-approved political parties in Sri Lanka (Sri Lanka 30 July 2014). However, in correspondence with the Research Directorate, a professor of political science at Nebraska Wesleyan University, whose research is specialized in South Asian and Sri Lankan politics, indicated that

[i]n general, there is a local organizer of each of the major parties and that the [Arachchikattuwa People's Alliance Party] is the local organization of the UPFA led by the local government (Pradeshiya Sabha) chair. I am not aware of this being a separate organization apart from the UPFA. However, many of the local leaders run their local wing of the party as their own personal party (9 Nov. 2014).

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources explain that Arachchikattuwa is a village in Puttalam District, north of Chilaw [in Northwestern Province] (Professor 9 Nov. 2014; Humanitarian Information Centre 30 Aug. 2005). The Professor stated that Arachchikattuwa is also a "divisional secretariat" [similar to a county] that encompasses a number of villages and is administered by the elected local government called the Pradeshiya Sabha [1] (Professor 9 Nov. 2014). The Sri Lankan Department of Elections website indicates that in the 2011 local authorities elections, the UPFA won 9 seats and 72 percent of the vote in Arachchikattuwa Pradeshiya Sabha, followed by the United National Party (UNP) with 2 seats (Sri Lanka 17 Mar. 2013). Sources report that the Chairman of the Arachchikattuwa Pradeshiya Sabha is Jagath Samantha Perera (Daily Mirror 3 Dec. 2012; Hiru News 26 Nov. 2013; CMEV 25 Jan. 2010, 10), who is a member of the UPFA (ibid.).

2. Powers of the Pradeshiya Sabha and Chairman

The Sri Lankan law that governs the Pradeshiya Sabhas, the Pradeshiya Sabhas Act (No. 15 of 1987), indicates that

The Chairman of a Pradeshiya Sabha shall be the chief executive officer of the Pradeshiya Sabha, and all executive acts and responsibilities which are by this Act or any other written law directed or empowered to be done or discharged by the Pradeshiya Sabha may, unless the contrary intention appears; from the context, be done or discharged by the Chairman. (Sec. 8 (1))

Section 19 of the Act outlines the powers of the Pradeshiya Sabha, including:

2. (c) Where the Minister [2] is of the opinion that the continued operation of any commercial or industrial enterprise of any Pradeshiya Sabha would be prejudicial to the interest of such Sabha by reason of mismanagement or that it is likely to involve financial loss to the Sabha, he may, after consultation with the Sabha, by Order published in the Gazette terminate the operation of such enterprise and direct the Sabha to take charge of all books, records and assets of the enterprise and to take such measures that may be necessary to give effect to such Order. (Sri Lanka 1987, Sec. 19)

In correspondence with the Research Directorate, the Executive Director of the People's Action for Free and Fair Elections (PAFFREL) [1] stated that the political party "does not have any power to close down any businesses legally, but the local authorities can order [closure]" using the judicial process, if the businesses are "not fulfilling the legal requirements" (PAFFREL 14 Nov. 2014). According to the Professor, the Chairman of the Pradeshiya Sabha does not have the power to close private businesses, but they sometimes do close them in an effort to "punish opposition party supporters;" however, he noted that in practice this often involves less drastic forms of harassment such as "leaving garbage piled in front of a business" or condemning the land on which the business is built (13 Nov. 2014). Sri Lankan newspaper, the Sunday Times, reported in a 6 June 2010 article that a factory in Puttalam district closed temporarily when the Chairman of the Pradeshiya Sabha, Jagath Samantha Perera, "intervened" and took the keys to the factory for a day (The Sunday Times 6 June 2010). His action was reportedly prompted by employees that had complained about threats to their jobs after factory management decided to contract out some of the factory's work (ibid.). The same source, in an article published on 20 June 2010, reported that the Chairman and two associates abducted and assaulted one of the factory's partners in Chilaw; the Chairman was later arrested and released on bail (ibid. 20 June 2010). Further information on this incident could not be found among the source consulted by the Research Directorate within the time constraints of this Response.

3. Incidents of Violence in Arachchikattuwa

According to Freedom House, in Sri Lanka, "harassment of opposition politicians continues to occur" and during election periods there were reports of "inappropriate use of state resources" to benefit the ruling coalition, as well as reports of violence and intimidation by the military and pro-government forces (2014). The Professor indicated that "many local party leaders (members of local government bodies) use intimidation and violence to promote their party causes", adding that Chilaw [south of Arachchikattuwa] has experienced "significant" levels of electoral partisan violence in the past five years, and a "new pattern of politicians using violence and intimidation outside of election periods has become common," including in the area of Arachchikattuwa Professor 9 Nov. 2014.

The Centre for Monitoring Election Violence (CMEV), an independent non-partisan coalition of NGOs that monitors the incidence of election-related violence in Sri Lanka (CMEV 25 Jan. 2010, 3), reported that the Chairman of the Arachchikattuwa Pradeshiya Sabha and members of the UPFA were involved in several assaults on opposition party supporters and property in Chilaw and Puttalam electorates during the 2010 presidential elections (ibid., 7, 10). Sources report that in 2013, UNP supporters in Arachchikattuwa were attacked by an unidentified group while putting up election posters and one supporter had to be taken to the hospital due to his injuries (Sri Lanka Mirror 1 Sept. 2013; Ceylon Today 2 Sept. 2013). The attack reportedly took place during the provincial council elections in September 2013 (ibid.). Sri Lankan newspaper Ceylon Today indicated that there were 65 incidents of "election violations" [such as damaging property, intimidating political candidates/supporters, illegal propaganda, abuse of state power and attacks on party offices] in Northwestern Province, 20 of which took place in Puttalam District (ibid.). Sources report that in December 2013, the house belonging to the leader of the opposition in Arachchikattuwa was attacked (Adaderana.lk 27 Dec. 2013; Newsfirst 26 Dec. 2013); two local politicians were allegedly responsible for the attack (ibid.).

According to the Professor, local government party wings operate with "little supervision" from the national party and "often will not be charged" if they are accused or arrested for crimes, depending on their position in the party (Professor 9 Nov. 2014). He also indicated that politicians threatening police to release "allies and friends," is becoming "increasingly more common" (ibid.). Sources report that Arachchikattuwa Pradeshiya Sabha Chairman Perera has been arrested on a number of occasions:

In 2012, he and a group of ten people forcibly entered a police station and tried to release two people that had been arrested for illegally transporting gravel (Daily Mirror 3 Dec. 2012).

In 2012, he was arrested for assaulting a UNP provincial organizer, against whom death threats were also issued (The Nation 4 July 2012).

In 2013, he was arrested for assaulting three bus company employees in Chilaw (The Sunday Times 27 Oct. 2013; Lanka Truth 26 Nov. 2013).

He was also arrested in 2013 over alleged fraud (ibid.; Daily News 26 Nov. 2013).

According to CMEV, an incident of intra-party violence between members of the UPFA in Anamanduwa, in Puttalam District was reported in the 2010 presidential election, involving an attack on the driver of Chairman Jagath Samantha Perera, which was followed by a counter-attack by Chairman Perera and his supporters (CMEV 8 Apr. 2010). The Sri Lankan newspaper the Island also reported on an instance of intra-party UPFA violence in Arachchikattuwa in 2013 that resulted in 8 people being sent to hospital (15 Sept. 2013).

Sources report on other incidents of violence involving UPFA members in Arachchikattuwa, including:

The assault of a businessman in February 2014 by a UPFA member; the member was released on bail (News Radio 6 Feb. 2014; Adaderana.lk 5 Feb. 2014).

A UPFA member and four others were remanded in Arachchikattuwa for forcibly removing a suspect and a truck from police custody in 2012 (The Island 3 Aug. 2012).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] According to the People's Action for Free and Fair Elections (PAFFREL), an NGO that conducts election monitoring in Sri Lanka, the "local authorities" are the last tier of the electoral system in Sri Lanka, and Pradeshiya Sabhas are the local authorities for rural areas (PAFFREL n.d.b). Pradeshiya Sabhas are led by a Chairman and Vice-Chairman (ibid.). The Chairman and Vice-Chairman are appointed by the party when the party wins more than 50 per cent of the vote in the locality (ibid.). Terms are four years in duration (ibid.).

[2] According to the Commonwealth Local Government Forum (CLGF), a commonwealth organization that "works to promote and strengthen local government acrodd the Commonwealth" (n.d.a) the ministerial oversight of the Pradeshiyas Sabhas Act lies with the Ministry of Local Government and Provincial Councils and the "provincial ministers of local government are responsible for the implementation at the local level" (CLGF n.d.b, 155-156).

References

Adaderana.lk. 5 February 2014. "UPFA PS Member Accused of Assault and Robbery Surrenders to Police." [Accessed 28 Oct. 2014]

_____. 27 December 2013. "Arachchikattuwa PS Opposition Leader Commences Protest." [Accessed 13 Nov. 2014]

Centre for Monitoring Election Violence (CMEV). 8 April 2010. Final Report on Election Related Violence and Malpractices - Parliamentary General Election - 2010. [Accessed 28 Oct. 2014]

_____. 25 January 2010. Presidential Election - 2010. [Accessed 28 Oct. 2014]

Ceylon Today. 2 September 2013. Umesh Moramudali. "Election Related Violations Worst in Kandy." [Accesed 4 Nov. 2014]

Commonwealth Local Government Forum (CLGF). N.d.a. "About Us." [Accessed 18 Nov. 2014]

_____. N.d.b. Country Profile - The Local Government System in Sri Lanka. [Accessed 18 Nov. 2014]

Daily Mirror. 3 December 2012. "Arachchikatuwa PS Chairman Accused of Attacking Pallama Police Station." [Accessed 30 Oct. 2014]

Daily News. 26 November 2013. Vijayani Edirisinghe. "PS Chairman Arrested." [Accessed 13 Nov. 2014]

Freedom House. 2014. "Sri Lanka." Freedom in the World 2014. [Accessed 18 Nov. 2014]

Hiru News. 26 November 2013. "Video: PS Chairman of Arachchikattuwa Remanded Till 29th." [Accessed 30 Oct. 2014]

Humanitarian Information Center, Sri Lanka. 30 August 2005. "Map of Puttalam District." [Accessed 30 Oct. 2014]

The Island. 15 September 2013. Priyaranga Illangamudali. "UPFA Clash Leaves Eight in Hospital." [Accessed 13 Nov. 2014]

_____. 3 August 2012. Madura Ranwala. "UPFA PS Member in Daring Rescue of Suspect from Police Custody." [Accessed 13 Nov. 2014]

Lanka Truth. 26 November 2013. "Arachchikattuwa Chairman Arrested." [Accessed 28 Oct. 2014]

The Nation. 4 July 2012. "PS Chairman Arrested for Assault on Sarath Fonseka Supporter." [Accessed 13 Nov. 2014]

Newsfirst. 26 December 2013. Kavinthan Shanmugarajah. "Police Investigating Attack on Residence of Arachchikatuwa PS Opposition Leader." [Accessed 3 Nov. 2014]

News Radio [Colombo]. 6 February 2014. "UPFA Member of the Arachchikattuwa Pradeshiya Sabha Released on Bail." [Accessed 28 Oct. 2014]

People's Action for Free and Fair Elections (PAFFREL). 14 November 2014. Correspondence from the Executive Director to the Research Directorate.

_____. N.d. "Elections to Local Authorities (Municipal Councils, Urban Councils and Pradeshiya Sabas)." [Accessed 3 Nov. 2014]

Political Handbook of the World 2014 (PHW). 2014. "Sri Lanka." Edited by Tom Lansdorf. Washington, DC: CQ Press.

Professor of Political Science, Nebraska Wesleyan University. 9 November 2014. Correspondence with the Research Directorate.

_____. 13 November 2014. Correspondence with the Research Directorate.

Sagar, D.J. 2009. "Sri Lanka." Political Parties of the World. John Harper Publishing: London.

Sri Lanka. 30 July 2014. Department of Elections. "List of Recognized Political Parties." [Accessed 4 Nov. 2014]

_____. 17 March 2011. Department of Elections. "Local Authorities Elections- 17.03.2011 - Puttalam District - Arachchikattuwa Pradeshiya Sabha." [Accessed 4 Nov. 2014]

_____. 1987. Pradeshiya Sabhas Act (No. 15 of 1987). [Accessed 28 Oct. 2014]

Sri Lanka Mirror. 1 September 2013. "UNP Supporter Brutally Assaulted in Puttalam." [Accessed 13 Nov. 2014]

The Sunday Times. 27 October 2013. "Many Local Politicians a Law Unto Themselves." [Accessed 28 Oct. 2014]

_____. 6 June 2010. Hiran Priyantha Jayasinghe. "Political Buffoonery Leads to Closure of BOI Venture." [Accessed 30 Oct. 2014]

_____. 20 June 2010. Asif Fuard. "PS Chairman Arrested for Abduction of Indian Businessman." [Accessed 13 Nov. 2014]

Additional Sources Consulted

Oral sources: Attempts to reach the following were unsuccessful within the time constraints of this Response: Campaign for Free and Fair Elections; Centre for Policy Alternatives; Law and Society Trust; People's Alliance; Transparency International.

The Asian Human Rights Commission could not provide information within the time constraints of this Response.

The Sri Lanka division of the Asia Foundation and a Senior Researcher on Sri Lanka at the International Crisis Group could not provide information for this Response.

Internet websites, including: Amnesty International; Asia Foundation; Asian Human Rights Commission; Asian Tribune; BBC; Colombo Gazette; ecoi.net; Factiva; Groundviews; Human Rights Watch; Institute for Democracy and Electoral Assistance; International Crisis Group; Sri Lanka - Arachchikattuwa Divisional Secretariat, Puttalam District; Reuters; Sunday Leader; Tamilnet; Transparency International Sri Lanka; UN - Integrated Regional Information Networks, Refworld, ReliefWeb.