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| Wednesday, 29 September 2004 |
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by Sarath Malalasekera The Equal Access to Justice Project is about three basic principles of the Hammurabi Code. In the project, we encompass three main sectors into the Justice sector. These are normative protection, implementation and enforcement and empowerment, said UNDP Resident Representative Miguel Bermeo addressing the launching of the "Equal Access to Justice Project" at the BMICH recently. These correspond to what the ancient termed "legal protection," by implementation agencies such as the judiciary, police and the prisons, restraints on oppression of the weak, which we call empowerment, and 'transparency and uniformity in creation and application of laws' that we call normative protection, he said. Chief Justice Sarath N. Silva, PC, Constitutional and Law Reforms Minister D. E. W. Gunasekera, Inspector General of Police Indra de Silva, Bar Association of Sri Lanka President Ikram Mohamed, Ministry Secretary Ms. Malkanthi Wickremasinghe, Ms. Radhika Coomaraswamy, Commissioner General of Prisons Rumi Marsook and Chairman Legal Aids Commission Hemantha Warnakulasuriya were present. The launch of the Equal Access to Justice Project presents an important milestone for the UNDP programme in Sri Lanka and for increasing access to the justice sector as a whole by the citizens of Sri Lanka, Miguel Bermeo said. The UNDP Representative emphasised that the Secretary General of the United Nations Kofi Annan, addressing the General Assembly in New York recently, highlighted the importance of the rule of law and principles of justice. "The Secretary General reminded the General Assembly of Hammurabi's Code that was made more than 3000 years ago. These included, legal protection for the poor, restraints on the strong so they cannot oppress the weak, and laws publicly enacted and known to all, we must start from the principle that no one is above the law, and no one should be denied its protection. The rule of law as a mere concept is not enough. Laws must be put into practice and permeate the fabric of our lives." He said what we are trying to do through this project is to strengthen something that our societies have believed in for centuries. These principles are enshrined in our constitutions and in our written laws. This is what we call the rule of law, and it is only strongly adhering to the rule of law, and ensuring that especially the vulnerable and disadvantaged are protected by it, that we can ensure peace and prosperity for everyone. Through the decades the UNDP has specialised in developing and applying concepts such as sustainable human development, which ensures inclusion of all people in the development process through equal access to rights and service, and protecting future generations, UNDP now includes governance in this concept of development and promotes social capacity to set and achieve political, economic and administrative objectives by local populations. To ensure the participation of especially the poor and vulnerable in this process. The UNDP now promotes good governance, including representation, minority rights, equality before the law, and Human Rights Based Approaches, Bermeo said. Since the late 1990s the United Nations has advocated the application of the Human Rights Based Approach to ensure that the poor and marginalised are not left out of the development process. The HRBA strives to strengthen the capacities of those who have duties towards citizens to perform their duties to their maximum ability while empowering citizens especially those who are poor and vulnerable to claim and enforce these rights. This project will specifically address the strengthening of duty bearers in the justice sector while empowering the claim holders to exercise their fundamental rights, he said. "Protecting the rights of the vulnerable and disadvantaged through this project is also compatible with the Millennium development goals were the focus is on the poor and vulnerable and generally improving the lives of disadvanted people. In this regard we are very happy to note the comments included in President Chandrika Kumaratunga's recent address to the United Nations General Assembly. She commented that Sri Lanka believes in the United Nations and its potential to be the principal forum where the voice of the poor, the defenceless and the weak is also heard as much as the voice of the rich and powerful. The Equal Access to Justice project is about giving voice to the grievances and disputes of poor people throughout the total justice sector of this country. President Kumaratunga also explained to the General Assembly that through decades of free education and health services, Sri Lanka has already made significant strides in achieving some of the Millennium Development goals in certain areas of human development in the spheres of education, health and nutrition. The UNDP office in Colombo will continue to assist the Government of Sri Lanka to further strengthen these developments," Bermeo said. |
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