Introduction - Profile of Legal Aid Commission

The main development agencies in the world, including the World Bank, United Nations Agencies and the Asian Development Bank have converged on the basic premise that legal empowerment of the poor is a prior requirement that should precede economic development.

The poor segments of society are unable to obtain needed legal assistance to clear title to their properties or incorporate their small enterprise or to prepare needed legal documentation to access credit institutions without legal empowerment. The International Commission on legal empowerment sponsored jointly by the World Bank and the UNDP released the final report few weeks ago. The Commission strongly recommended that the multilateral financial institutions initiate legal empowerment program as an integral part of the development projects.

As far as Sri Lanka is concerned, even though sporadic efforts had been made by the Law Societies to provide ad-hoc legal aid to indigent litigants, the first formalised legal aid scheme commenced with the enactment of the Legal Aid law No. 27 of 1978.

The Legal Aid Law established an independent Legal Aid Commission of nine members of whom three members were appointed by the Ministry of Justice and the balance six members were nominated by the Bar Council from amongst its members. The law also provides that the Bar Council may give directions to the Commission as and when necessary. Thus legal aid in Sri Lanka is the responsibly of the elected Bar Council and Ministry of Justice with financial support from the Consolidated Fund.

Who is entitled for Legal Aid?

The Statute stipulates that legal advice, legal representation in courts and community legal aid clinics are targeted at deserving persons. The term deserving persons had not been defined in the law and had been given an interpretation by the LAC using the internationally recognised tests -

(1) Means test.

(2) Justice test.

Means test - Deserving persons under the means test are those individuals receiving less than Rs. 6,000 per month. The income level has to be certified by the Grama Niladhari of the area. In appropriate cases, the Director of the centre is authorised to be flexible provided legal aid to destitute persons are limited to those whose income level does not to exceed Rs. 8,000 per month.

Justice test

When the ambit of the litigation transcends adjudication of personal disputes to affect a group or a wider class of persons in the interest of justice, legal aid will be provided using the justice test.

For example defending a mother with unstable mental condition in an infanticide case. Application of judicial test in cases where applicant does not qualify under the means test should be authorised by the Director-General of the Legal Aid Commission.

Modes of Legal Aid

Legal Aid Law authorises the Commission to develop diverse strategies to realise the objectives of legal aid. The LAC provides access to justice by using the following strategies:-

Legal Aid Centres

LAC Centre are established in courts complex premises throughout the island. As at present, 47 LAC Centres are catering to the needs of the indigent persons who seek legal advice, representations in courts and tribunals. It should be noted that Sri Lanka has 85 court complexes with over 120 courts.

Staff Attorneys (SA)

The Legal Aid Centres are managed by salaried full time lawyers attached to the Legal Aid Commission. In addition to representation of deserving clients in courts. SA's coordinates the distribution of cases among panel lawyers recommended by the local Bar Associations. SA's conduct awareness programs and legal clinics at the grass roots level. They are not authorised to do private practice.

Judicare (Panel Lawyers)

LAC Staff Attorneys coordinate distribution of the extra case load to the panel of lawyers who have volunteered to appear for legal aid cases on a nominal scheduled honoraria. Many Court Complexes include Civil Appellate High Courts, High Courts, District Courts, Magistrates' Courts and Labour Courts making it physically difficult for one SA to appear in more than one or two cases.

The panel lawyers are then entrusted with the cases and paid a moderate honorarium according to a schedule and the lawyers are not expected to receive any additional fees from the indigent clients. Panel lawyers also participate in community legal aid clinics. However, panel lawyers can continue to engage in private practice.

Community Legal Aid clinics

Staff Attorneys coordinate with local Bar Associations and District, Divisional Secretaries, Grama Niladharis and the neighbourhood schools to organise regular legal aid clinics and Legal Awareness Programmes. Legal Aid Clinics deal with providing legal advice and litigation assistance to the indigent litigants while Legal Awareness Programmes target the school children, women's group, mediators, Grama Niladharis, police and public servants. The Commission when conducting legal awareness programs make available copies of relevant legislation and literature on different legal subjects relevant to the awareness programs.

Development legal aid desks

The Legal Aid Commission in addition to traditional legal aid provides developmental legal aid with specialise programs. The Legal Aid Commission has established 14 development legal aid desks to cover the following subjects.

Anti-Corruption, Apprentice Training, Child Rights, Consumer Protection, Disabled Persons, Elders Rights, Human Rights, Internally Displaced Persons, Migrant Workers, Prisons, Protection of Women's Rights, Public Officers Awareness, School Programme, Labour and Environment Protection.

S. S. Wijeratne

Questions and Answers

Change of name in Birth Cerficate

Question: Please let me know how to alter the name in a Birth Certificate.

Pathirana, Dehiwala.

Answer: The owner of the birth certificate or his / her parents may alter the name in the birth certificate, if necessary. In case a name has not been specified in the birth certificate, one may be inserted. For this purpose ,one of the following persons should produce a declaration to the Divisional Secretary in whose division the relevant the birth has been registered.

a. If the certificate of birth relates to a person under the age 21 years, a parent or the guardian of that person

b. If it relates to a person who is over twenty on years of age, that person himself / herself

A certified copy of the certificate of birth of the person concerned should be essentially attached to the declaration and the application should be supported with the following documents as far as possible.

1. Certificate of Baptism (If any)

2. A certified copy of the school admission register or the school leaving certificate.

3. A list of children born to the parents of the person related to the certificate of birth.

4. Declarations made in State affairs, if any.

5. Newspaper notices.

6. Pass books of Savings Accounts.

7. Identity card, passport, driving license.

8. Other important documents containing the name and date of birth of the person concerned and names of his/her parents.

Declaration Forms in which the application should be made :-

Insertion of a name.

Below 21 years of age - Registration B7

Over 21 years of age - Registration B8

Alteration of a name.

Below 21 years of age - Registration B9

Over 21 years of age - Registration B 10

Stamps for declarations

Within two years from the registration of the birth - Rs. 1.00

After lapse of over two years from the registration of the birth - Rs. 5.00

If you need any clarification you can visit any one of Legal Aid Commission Centres islandwide

Obtaining certified copies of birth, death and marriage certificates

Question: Most people are not aware as how to obtain certified copies of birth, death and marriage certificates. Can you kindly explain the procedure through your valuable page?

Narmada, Colombo

Answer: In order to obtain certified copies of birth, death and marriage certificates, please follow the procedure given below;

(a) To obtain certified copies of birth or death certificate an application should be made to the Divisional Secretariat in which location the birth or death occurred.

(b) To obtain a certified copy of a marriage certificate an application should be made to the Divisional Secretary in whose division under which the registrar who solemnized the marriage function officially.

(c) To obtain a certified copy of a death certificate of an officer of the armed forces or police who died while engaged in operational duties an application should be made to the Registrar General's Department.

(d) To obtain a certified copy of a marriage certificate of a marriage solemnised at a Christian church an application should be made to the Divisional Secretary of the same division where the marriage was solemnized.

(e) To obtain the birth or death certificate of a person whose death took place in a foreign country and such birth or death has been registered in the Sri Lankan Embassy in that foreign country, applications should be made to the Assistant Registrar General of the Central Record Room of the Registrar General's Department.

(f) To obtain a copy of a certificate of adoption an application should be made to the Assistant Registrar General of the Central Record Room of the Registrar General's Department.

Specimen forms in Divisional Secretariat office in which applications should be made

For obtaining a birth certificate - Registration B63

For obtaining a death certificate - Registration B63A

For obtaining a marriage certificate - Registration B121

For obtaining a certificate of Muslim Marriage- Registration E41

Stamps for applications

Stamps fees for issuing certified copies have been revised as follows.

01. For issuing a certified copy extract or certificate of nil result, where a search of register is not required - Fees (Rs.) 25

02. For issuing a certified copy or extract of certificate of nil result, where a search of registers for a period not exceeding 03 months is required Fees (Rs.) 50

03. For issuing a certified copy or extract or certificate of nil - result, where a search of registers for a period not exceeding 02 years is required Fees (Rs.) 100

Please note that The application may be sent to the Divisional Secretariat office with a self addressed envelope, preferably under registered cover or handed over at such Divisional Secretariat office. The registered receipt of the post office or acknowledgement receipt of the Divisional Secretariat office should be kept to obtain the copy. If there is a delay of more than two weeks, a query should be made.

Is it necessary to put husband's surname after marriage

Question: We are married for the last two and half years. I am still using my old family name. But my husband has forced me to use his surname. Please let me know whether it is a legal requirement?

Rathnayaka,

Kegalle.

Answer: No, it is not a legal requirement. But a married woman may use her husband's surname if she wishes. But it is not a legal requirement.

Elders' Rights

Question: Can an 'elder' seek maintenance from his or her children under the Sri Lankan Law? Are there any special benefits receivable by elders?

Fernando,

Panadura.

Answer: Yes, Elders can seek maintenance from their children according to the prevailing law. The Act 'Protection of Rights of Elders Law' No.9 of 2000 stipulates those persons who are over 60 years are considered elders. However, in many other countries the age of becoming elders is considered as 65.

Under the Elders Law, elders cannot be discriminated on the basis of their age and if they are very poor, they are entitled to be maintained by their children. There is a separate Elders Claims Board established under the Elders Law. Additionally elders can receive separate Elders Identity Card which will enable them to get discounts on medicine and higher interest rates from some banks.

Where to report incidents of bribery and corruption in Government Sector

Question: I observe that most people in the Government sector are used to accepting bribes.

Please let me know how and where to report bribery and Corruption.

Fernandofulle,

Ragama.

Answer: Under the Bribery Act No 11 of 1954 and its amendments No 19 of 1994, it is an offence for Government Servants to take bribe to fulfill the needs of other people. Such persons can be convicted under this Act. If you wish to inform such kind of activities, please report same to the following address:-

1. The Chairman,

The Commission to Investigate Allegations of Bribery or Corruption

No 36, Malalasekara

Mawatha

Colombo 07.

Tel Nos. 011 2586841, 011 2596362, 011 2584872

Hot Line No. 011 2586257

Fax No 011 2596014 , 011 2595045

Email - sccy @sltnet .lk

You can report the matter by giving your name or it can be reported confidentially/ANOMESLY

The Legal Aid Commission has also set up an Anti- Bribery & Corruption Unit where you can report such matters. Please send your information to the Legal Aid Commission, No 129, High Court Complex Colombo 12, and Tel No. 011 5646550.

Can ETF be withdrawn before reaching age of 55?

Question: Can the ETF get withdrawn before reaching the age of 55 ?Please advise me in this regard.

Priyantha,

Galgamuwa.

Answer: ETF claim can be made as follows:

i. On termination of employment.

ii. An employee is not entitled to withdraw monies more than once in a period of five years.

iii. The five year rule does not apply when employment is terminated due to disablement arising out of an accident and also when a member is over 60 years of age.

iv. On the death of an employee the money will be paid to the nominee and if there is no nominee to the next of kin.

v. When proof is shown to state that he/she is leaving Sri Lanka with the intention of his/her returning to Sri Lanka or for permanent residence abroad.

vi. When an employee takes up pensionable employment in -

(a) Public Service.

(b) Local Government Service

(c) District Service.

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What is a juvenile court?

Question: What is a Juvenile Court and what are the powers of a Juvenile Court ? How can I get the help of the Legal Aid Commission in a Juvenile matter ?

Nalin,

Maharagama.

Answer: A Juvenile Court is a court that hears cases involving children or a young persons. The Magistrate's Court can exercise the power of a Juvenile Court while continuing its regular court functions. The Bambalapitiya Court is the only court that has sole jurisdiction for Juvenile issues.

A Juvenile Court can hear and determine most cases relating to a child or young person charged with an offence under a Penal Code including:

* Cruelty of children and/or young persons;

* Causing or encouraging seduction or prostitution of a girl under the age of 16

* Allowing persons under the age of 16 to be in brothels;

* Causing or procuring persons under the age of 16 to beg

* Punishment for using criminal force unless there was grave and sudden provocation;

* Assault

* Kidnapping or abduction;

* Punishment for rape; and

* Any other offences involving bodily injury to a child or young person.

A Juvenile Court cannot hear cases regarding serious offence such as murder, wrongful killing, attempted murder, attempted wrongful killing or robbery. Instead serious offences will be heard by a High Court where a child or young person is accused. The address of the Juvenile Court is: Juvenile Court, Bambalapitiya, Tel.No.0112581806

Ms Sajeewani Abekykoon legal officer is in charge of the legal aid commission center located in the same premises as the Juvenile Court, Bambalapitiya. center.

Tel No- 0112507687

Fax No.0112587498.

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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.

Yours questions should be addressed to - Daily News Legal Aid Page, Chairman, Legal Aid Commission, No.129, Hulftdorp Street, Colombo 12.

Email:[email protected]

Website:www.lawaid.org