Special issue - National Law Week

Introduction - National Law Week

At the request of the Bar Association of Sri Lanka, President Mahinda Rajapaksa has declared the week from October 30 to November 5 as the National Law Week.

This is the first time in Sri Lanka such national attention of the country is focused on the importance of law to the society as a whole. We congratulate President BASL, Nihal Jayamanne, PC and the Executive Committee for launching this important programme.

The Legal Aid Commission (LAC) is fully involved in making the Law Week meaningful to the people at grass roots level starting with the school children. Thirty three LAC Centers from Jaffna to Hambantota will collaborate with Regional Bar Associations to launch humanitarian law seminars in schools and to the public servants. Booklets on laws affecting day to day life, such as Elders' rights, child rights would be distributed specially to the children.

The process was launched on October 29 from the Mt. Lavinia Girls High School with the participation of students from surrounding schools, such as Buddhist Girls School and S. Thomas College.

The students were addressed by BASL President Nihal Jayemanne PC, LAC, Chairman S.S. Wijeratne, LAC, Director-General Justice Hector S Yapa, President's Counsel G. Mendis, Deputy Solicitor-General, Palitha Fernando and Organizer of the event Provincial Councillor, Srinath Kumarasinghe.

Chief Minister of the Western Province Reginald Cooray making the keynote speech called for introduction of legal studies into the school curriculum.

The theme of the Law Week is "equal access to justice for all" and the LAC as the premier Legal Aid Agency in Sri Lanka, considers the Law Week as an important step in dispensing basic legal knowledge to the Sri Lankan society.

Even a small note such as this will not be complete without thanking the Ministry of Justice for increasing funding for the provisions of basic legal aid to the poor in the country.

Numerous donors, such as the longstanding Asia Foundation and USAID have supported the LAC and other NGOs to provide access to justice and promote mediation to settle disputes at grass roots level.

The recently launched UNDP Equal Access to Justice Programme and the ADB's Tsunami legal rehabilitation programme are welcome as the first serious multi lateral assistance in the area of equal access to justice in Sri Lanka.

S.S. Wijeratne

Questions and Answers

How to overcome public nuisance

Question: I am living in an apartment consisting of 176 units and there about 1,500 dwellers living and most of them are minors.

There is an unloading bay and a warehouse complex of iron bars which is creating unbearable noise even in the late nights. This is really troublesome for infants and elders who are highly disturbed by this act.

This apartment is managed by a Management Corporation registered under Condominium Authority and as a Secretary I request a positive way to approach this issue.

The Committee Members have informed the owners of the warehouse and they have agreed that they will reduce their operations up to 6 p.m. which seems to be inoperative and they also claimed that they are running this business even before the apartment was built.

According to my knowledge and a decided European case regarding this type of issue, operating a business before people built their houses is no more acceptable and the owners of the business should take reasonable steps to minimise pollution or they have to shift their operations to an industrial zone.

Your advice is highly appreciated.

By email Secretary, VTV Courts Management Corp.

Answer: You have a right to file action under the Criminal Procedure Code to prevent the public nuisance before the Magistrate's Court. According to your letter, the said nuisance is caused to more than 1,500 people in your area, so it can be taken as a public nuisance. As such all the neighbours have the right to file action on the same ground or you can also (as Secretary) file action on behalf of others.

We would however like to advice you before you proceed to file action it is better to take up this matter with the relevant authority and if no steps are taken to stop the said nuisance, you could then make a complaint to the police. The police will thereafter proceed to take action on the complaint made. You can also make a written complaint to the Environmental Authority as it is a public nuisance.

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Registration of a birth

Question: I shall be much obliged if you will kindly let me know the procedure to register a birth which has not been registered (of a 68-year-old person) by mistake and the parents are no more.

It will be very much appreciated if this is treated as very urgent.

J. Miranda, Colombo 3.

Answer: According to your question, you have not taken the Birth Certificate until you are 68 years of age. For the purpose of obtaining your Birth Certificate, you have to collect the B6 form from the Divisional Secretary's Office. Thereafter the said form should be duly completed and submitted with the following documents to the Divisional Secretary's Office of your birth place:

(a) Marriage Certificate of your parents (original with photocopy). If not their Death Certificates.

(b) Documents to prove your birth. (If your birth had taken place at home, you have to submit the necessary documents, such as a letter from the Grama Niladhari or Midwife and your brothers and sisters Birth Certificates with copies).

(c) If your birth had occurred in a hospital, a record of your birth from the said hospital. If the documents mentioned in (b) and (c) above are not available, you have to submit the school leaving certificate, if you are a Catholic, you can submit the baptism certificate.

If you are unable to submit the documents mentioned above, you have another option to get a duplicate Birth Certificate from the Registrar-General's Office. If you need further clarification you can contact tel No. 2393071.

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Obtaining of dual citizenship for children

Question: I am a Sri Lankan lady married to a Maldivian. I have two children who are 13 and 14 years old and possess Sri Lankan Birth Certificates and Residence Visas. The Sri Lankan law says, if one of the parents is a Sri Lankan his or her children are considered as the natural citizens of this country. I own properties here in Sri Lanka and my husband owns in Male.

Can my children apply for dual citizenship, like other half Sri Lankan children from EU countries?

Riffa Ameen, Dehiwela.

Answer: In your letter you have not clearly mentioned what kind of Birth Certificates your children possess. There are two ways in which you can obtain Birth Certificates. One is the relevant country's Birth Certificate and the other is the Consular Birth Certificate. Without knowing what kind of Birth Certificates your children possess, we cannot give a definite answer.

If your children were born in Sri Lanka, they are normally Sri Lankan citizens. In that case, no problems will arise to acquire the property in Sri Lanka.

However, after you take your children to Male and thereafter obtain citizenship in that country, then automatically your children's Sri Lankan citizenship will get cancelled. If the children were born in Male or any other country outside Sri Lanka, they cannot become Sri Lankan citizens automatically.

In such case, after the birth of the child, the parents can ask from the Sri Lankan Mission, to get the Consular Birth Certificate. Possessing the Sri Lankan Consular Birth Certificate does not entitle them to become Sri Lankan citizens as it says "Sri Lankan parents - baby born outside Sri Lanka". A Consular Birth Certificate is the main document to apply for citizenship. The following documents should be submitted to obtain citizenship in Sri Lanka:

1. Children's Birth Certificates (both) the one issued by the relevant country and the other issued by the Consular (Consular Birth Certificate).

2. Parents' Birth Certificates.

3. Parents' Marriage Certificate.

4. Photocopies of parents' passport (specially Visa page and Data page).

If you need further clarification, you may contact the Department of Emigration and Immigration, Dual Citizenship Unit, Tel No. 5329000.

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Apprehending absconding person

Question: I would be most grateful if you could please advice me as to what the law holds in bringing to book, a person who is wilfully absconding, to evade the serving of summon.

Your valuable advice in this matter would be greatly appreciated.

I look forward anxiously to your response in the matter through the medium of the Daily News Legal Aid Page.

P. Thangavel, Nawalapitiya.

Answer: You have not mentioned the type of case you are involved with (whether it is a civil case or a criminal case). In a civil case, if the defendant is evading the summons, you can serve the summons by way of substituted service.

Substituted service means by pasting the summons on the door of the Defendant's residence. After such service if the Defendant fails to appear in court, you can move court to fix the case for trial or exparte. Accordingly court will fix it for exparte trial.

On that day you have to give evidence before the court and exparte decree will be entered against the Defendant. The decree also could be served by substituted service.

Thereafter the Defendant has a right to file a petition and affidavit and purge the default within 14 days from the date of service of the decree. Otherwise order nisi will be absolute in your favour.

In a criminal case, if the accused or suspect fails to comply with the summons, court will issue warrant against the accused or suspect to arrest him and produce him before court.

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How to recover arrears of rent

Question: I have rented out my house to a Christian Missionary for two years under an Agreement. The Agreement has expired and the tenant (the pastor of the Christian Missionary) returned the house back to me.

According to the account statement he has to pay me still a balance of Rs. 83,000. I have made hundreds of calls to the pastor, but in vain. What shall I do? I did not want to take him to the court or to the police station, because he is a pastor and I want to respect every religion.

Please help me to recover the balance money from him peacefully. He is a kind person.

Ismath, Beruwala.

Answer: According to your letter a sum of Rs. 83,000 is due from the pastor as arrears of rent. You have also mentioned in your letter that you do not wish either to go to the police station or to take the pastor to court.

I would therefore advice you to send a letter of demand to the pastor through an Attorney-at-law demanding payment of the above stated sum giving 7 days time to settle the same.

If the pastor fails to comply with the letter of demand, you have a right to file action against him and recover the money.

It is very clear from your letter that the pastor had handed over the building peacefully but he has not paid the arrears of rent. According to the Prescription Ordinance, you have to file action before three years from the date of arrears of rent in order to recover the arrears of rent. Otherwise it will be prescribed.

Legal Aid Commission celebrates international days

The Legal Aid Commission and its 32 centres would be celebrating and creating an awareness among the public on the following International Days:

November 20: Universal Children's Day which was declared in December 1954 by UN Resolution 836. It was also on the 20th of November 1959 that the declaration of the rights of the child was adopted by the UN. Similarly the convention on the rights of the children was adopted on 20th November 1989.

November 24: International Day for the elimination of violence against women. This day has been celebrated from the 19th century with the murder of the Mirabel sisters in the Dominican Republic. LAC would launch a 'White Ribbon Campaign' to commemorate this day and the Montreal massacre.

December 3: International Day for Disabled Persons. Disable Persons Legal Aid Desk will arrange the programme.

December 9: International Anti-Corruption Day. Sentinel of Corruption Officer of the LAC would be conducting special awareness programmes among the public servants on the law relating to bribery and corruption in Sri Lanka and UN Anti-Corruption Convention.

December 10: Human Rights Day.

December 18: International Migrants' Day. Programmes would be conducted in coordination with the Foreign Employment Bureau to create awareness among the migrant workers about the UN Convention protecting the migrant rights.

List of Developmental Legal Aid Desks in the Legal Aid Commission

Chairman - S. S. Wijeratne.

01. Anti-Corruption Desk - Ms Harshini Balaharuva, Ms Yasodha Waidyaratne and Ms Prasadi Navaratne, Legal Officers.

02. Apprentice Training Program and Bench and Bar Desk - Ms Damayanthi Dissanayake, AAL.

03. Child Rights' Desk - Ms Mahesha de Silva and Udayangani Munasinghe, Legal Officers.

04. Consumer Protection Desk - Ms Lasanthi Palapathwala, AAL.

05. Disabled Persons Desk and Elders' Right Desk - Ms Pradeepa Nilmini, AAL.

06. Human Rights Bureau - Acting Head, Mr. Nuwan Peiris, AAL.

07. Internally Displaced Persons Desk - Kalani A. Medagoda, AAL.

08. Migrant Workers Desk - Ms Lilanthi Kumari, AAL.

09. Prisons Desk - Ms Thushari Sakuntala, AAL and Surangani Perera, Legal Officers.

10. Protection of Women's Rights Desk - Ms Priyangika Aththanayake, Legal Officer.

11. Public Officers Awareness Desk - Mr. Reginold Kumarasiri, BA, MA, MSSC.

12. School Program and Essay Competition - Ms Yamuna Kumari and Ms Sewwandi Abeysekera, Legal Officers.

13. Labour and Industrial Disputes Desk - Ms Gayani Abeysinghe and Ms Achchini Adhikari, Legal Officers.

Legal events

November 4 - Police programme at Panadura.

November 8 - School programme in Matara.

November 10 - Opening of Mahiyangana Legal Aid Centre.

November 11 and 12 - Mobile Legal Aid Clinic in Kirinda and Hambantota.

November 11 - Government Officers Awareness Programme in Badulla.

November 13 - Mediation programme at Akurana.

November 24 - Opening of Mahawa Legal Aid Centre.

Disclaimer

The answers to questions are the legal views of individual lawyers and the Legal Aid Commission only compiles them for the Daily News Legal Aid Page.

Send in your questions to: The 'Daily News' Legal Aid Page,

Chairman, Legal Aid Commission, 129, Hulftsdorp Street, Colombo 12.

email: [email protected]