Introduction -

Children as zones of peace

"Wars and conflicts violate every right of a child - the right to be with family and community, the right to be nurtured and protected, the right to develop a unique personality, the right to health, the right to education sometimes even the right to life."

On October 01, which was World Children's Day, Governmental, Non-Governmental, Financial Institutions and the media in general, celebrated the day with diverse ceremonies and publications. Encouraging and celebrating the young who is the future of the society is a civilised norm in all countries.

October 1, was also International Elders Day. But elders' celebrations were negligible. Elders are not photogenic hence there were no photographs of elders celebrations. Unlike in the case of children, there were no photos of politicians embracing and kissing elders or giving gifts to the elders for the yeoman service already rendered by them to society. It is suggested Children's Day and Elders' Day should be celebrated in two different days not on the same day.

However, protection of children should receive preference specially in Sri Lanka where over 70,000 children in conflict zones are displaced, some being perennially vulnerable for forced conscription.

Children are the future of any society but need legal care, protection and nurturing by the elders and the State. Those under 18 needs legal protection to safeguard their rights to life, education, safety and freedom from abuse even from their parents, teachers and the State institutions.

The children are incapable of achieving their child rights themselves; hence the enactment of national and international laws, conventions and norms on child protection and welfare. Under Sri Lankan law, the upper guardian of children even with parents is not their parents but the District Court.

The children in Sri Lanka are facing innumerable problems for which no solutions have been found yet. The tragic situation of Internally Displaced Children (IDCs) who had forfeited all basic child rights is a damning indictment on Sri Lanka's social justice system. IDCs who are thrown out of the safety of homes and security of parental care are vulnerable to child abuse and physical dangers.

They have forcibly forfeited even a semblance of education as school teachers had not shifted along with the IDCs. Make shift dwellings, mostly under trees or abandoned buildings fraught with unimaginable dangers are the nursery of violence and terror. These children if they survive to grow up would only know to adopt violence as a way of life. No pacifist leader will be nurtured in an IDC camp.

The US Government has enacted a law against child conscription by armed groups enabling the US Law enforcement authorities to punish all connected with child conscriptions apprehended. Sri Lankan armed groups are identified prominently among the groups who force boys and girls into the war machine. National and International Agencies working in the North and the East have photographically documented this continuing tragedy. One reason why Sri Lankan jurist, Dr. Radhika Coomaraswamy was selected as UN Rappeteur on children in armed conflict was the prevailing Sri Lankan situation.

Despite unfounded statements that alternative childcare is no needed in this country, steps should be taken with the support of national and international child right activists to set up children's zones of peace close to conflict areas where temporary alternative childcare could be given. World Children's Day could be meaningful only then.

S. S. Wijeratne

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Questions and Answers

Drawing of Civil Pensions:

Question: Is there a binding that a Government Pensioner should draw his pension only through the District or Divisional Secretariats in the areas that reside? Can't a pensioner draw his pension through District or Divisional Secretariats in an area other than his area of residence?

Quintus Abraham, Dehiwala

Answer: Under the new pension system the pensioner could only draw his pension through the District or Divisional Secretariat in the area that he resides.

Funds in Foreign Banks

Question: (1) Is it illegal for Sri Lankans to have funds in foreign banks? If so what is the penalty?

(2) If it is permissible, then has it to be included in the statement of assets in the Income Tax Return.

S. G. Perera, Mt. Lavinia

Answer: (1) Yes, it is illegal. While you are working in a foreign country, you can deposit your money on your own in a foreign bank. But if you working in Sri Lanka and earn money in Sri Lanka, you cannot deposit any money in foreign banks; unless you get the permission from the Exchange Controller of the Central Bank of Sri Lanka. If you need further information you could contact the Legal Division of the Central Bank of Sri Lanka. Tel No. 2440330.

(2) Whether it is permissible or not, it has to be included in the statement of assets in the Income Tax Return.

Offices and disputes which cannot be referred to Mediation Board?

Question: What are the offences and disputes which cannot be referred to the Mediation Board?

Your kind reply would be greatly appreciated.

B. Upul Perea, Boralesgamuwa

Answer: According to Mediation Board Act No. 72 of 1988 - Section 6 (2), the disputes which cannot be referred to the Board are -

(a) the State: or

(b) a public officer acting in his capacity as such officer where the disputes relates to the recovery of any property, money or other dues; or

(c) the Attorney-General, where the offence is an offence in respect which proceedings are instituted by the Attorney-General

According to the Mediation Board Act No. 72 of 1988, the offences referred to in the Third Schedule of the said Act are -

1. Actions relating to matrimonial disputes.

2. Actions relating to the persons and estates of persons of unsound mind, minors and wards.

3. Actions relating to guardians, curators and receivers.

4. Actions relating to trusts.

5. Actions relating to applications for adoption made under the Adoption of Children's Ordinance.

6. Actions relating to applications made under the Registration of Births and Deaths Ordinance.

7. Partition actions.

8. Testamentary actions.

9. Actions under the Insolvency Ordinance.

10. Admiralty actions.

11. Actions relating to Election Petitions.

12. Actions relating to applications under Article 126 of the Constitution.

13. Actions relating to applications which were pending before the Debt Conciliation Board on the date of commencement of this Act or which have finally been dealt with by the Debt Conciliation Board by settlement or dismissal of the application.

14. Actions under the Mortgage Act.

15. Actions relating to breaches of the privileges of Parliament.

Re-Marriage certificate

Question: I married in 1952 and the marriage was registered at the Talawakelle Registrar's Office in the Nuwara Eliya district.

I made an application to the District Registrar of Nuwara Eliya for a copy of the Marriage Certificate enclosing the required stamps.

I was informed by letter that as the records have perished, a copy of the Marriage Certificate cannot be issued.

Please be good enough to let me know from where I could obtain a copy of my Marriage Certificate.

Is there a Central Record Office where all records are kept and what is its address?

D. H. de Saram Dehiwala

Answer: When you register a document such as birth, death or marriage the first copy is given to you.

The second copy is kept with the Divisional Secretariat's Office where you got registered.

The third copy is kept with the Central Record Room in Maligawatte.

If you apply for a copy from the Divisional Secretariat's Office where you got registered, they will issue a certified copy to you.

If the records has been perished, then they have an authority to ask for a certified copy from the Central Record Room. But you cannot obtain a copy of the same from the Central Record Room. In your case you have to meet the Registrar of the DS Office, Nuwara Eliya with the above mentioned letter.

Then they will take steps to submit a copy of the Marriage Certificate to you. There is a Central Record Room at Maligawatte, Colombo 10. (Tel. No. 0112433075). If you need any assistance please call over at our Head Office at No. 129, Hulftsdorp Street, High Court Complex, Colombo 12. (Tel. No. 2433618)

Refund of EPF benefits

Question: My brother who is married with children died two months ago. He was employed in a private company. Please let me know how to refund his EPF benefits. Thanking you for your kind reply.

S.Selvam Kotahena

Answer: The applicant/applicants who claim for refund of EPF benefits of a deceased member, is required to complete form "L" and other forms (L2 and L3) and handover them with other necessary documents to the EPF Section of the Department of Labour. (The forms are available in the Head Office, Colombo and other Labour Offices also). The following documents are required:

1. "L" - If the claim is made more than one person they should submit "L" applications separately.

2. Original Death Certificate of the deceased member.

3. i. if the deceased member is married, the original Certificate of Marriage.

ii. if the deceased member was married and the spouse is also dead, the respective certificate of death. If the spouse of the deceased is divorced, the respective certificate of divorce.

iii. in case of testamentary case pending over the property of the deceased, a certified copy of the case history and a credit list issued by the registrar of courts,

iv. Probate Permit/Power of Attorney.

4. i. Original Birth Certificates of the children of the deceased who are married or over 21 years of age who wish to obtain their shares of benefits individually.

ii. In case the married children who are below the age of 21 years, and all the children who are over 21 years of age who wish to transfer their shares vehemently to any family member, photocopies of their birth certificates should be certified by the Grama Seva Niladhari and countersigned by the Divisional Secretary and should be forwarded with the relevant application.

5. Legal heirs who are entitled to claim for benefits of the deceased member if any, should forward the duly completed "L" forms certified by the employer together with the originals of their Birth Certificates.

If the establishment is closed, "L" form should be certified by the Assistant Commissioner of the District Labour Office, who is in charge of the jurisdiction of the workplace.

6. Original Death Certificates of the deceased legal heirs if any also should be submitted. The name of the Registrar and the official frank should be available in the Certificates.

Recommendation of Human Rights Commission and report of the Inquiring Officer

Question: In some cases, a copy of the report of the Inquiring Officer is attached with the recommendation. But in some occasion, they send only the recommendation without a copy of the report of the Inquiring Officer.

In these circumstances, the person who submits the complaint has a reasonable doubt about the recommendation. Hence, I would like to verify the following:-

1. Can a petitioner obtain a copy of the report of the Inquiring Officer?

2. To whom should the petitioner make a request for the above?

3. Can the petitioner make an appeal regarding the recommendations given by the Human Rights Commission?

4. (a) If so, to whom should the Petitioner submit the appeal?

(b) Is there any time limitation to submit an appeal?

Your kind reply for the above is highly appreciated.

V.K. Premadasa Mattegoda

Answer:

1. It depends on case by case.

2. The Chairman or the Authorised Officer.

3. There is no appellate procedure within the Commission. However, you can ask for reconsideration.

4. Please note that even the recommendation/decision of the Human Rights Commission is not enforceable. Therefore, the recommendation of the Inquiring Officer will have no effect.

For your information the address of the Human Rights Commission is No. 36. Kynsey Road, Colombo 8. Tel. No. 2696470.

Delay in obtaining Birth Certificate

Question: My niece's Birth Certificate has still not been registered yet. I submitted all the documents to the Registrar of the Births and Deaths to the Divisional Secretariat's Office where my niece was born. However, the Divisional Secretariat's Office has not taken any action to register her Birth Certificate. What shall I do? Please advise me.

M. Fernando, Negombo

Answer: Under the ICCPR Act Section 5(1) states "every child has the right to have his or her birth registered and to have a name from his or her date of birth.

According to Sections 6 and 7 of the above Act you can file action against the Registrar of the Births/Deaths in the High Court of the Republic of Sri Lanka within three months from the date of the incident because the Registrar of Births/Deaths has delayed in providing services to the public. If you need further assistance please call over at the Human Rights Bureau of the Legal Aid Commission situated at No. 129, Hulftsdorp Street, Colombo 12.

Fide Commission

Question: Can you please tell me if there is "life interest" still on property in Sri Lanka. I was made to believe that this was abolished by Felix Dias Bandaranaike, but now understand that a person owning a property can still leave it to a third generation with life interest to another, example, a grand mother can leave to her grandchildren with life interest for her son or daughter, or a husband can leave to the children with life interest to the wife. Is this so? Please advise.

W. Wickramasinghe , Sent by Email

Answer: The Fide Commission on property was abolished in 1972 by the Fide Commission Abolition Act. However, today it is possible for someone to gift a property preserving his/her life interest.

Mediation Boards Commission

Question: What is the composition of the Mediation Boards Commission. Also, please let me know its address.

M. P. Perera Wattala

Answer: The Mediation Boards Commission comprises the following members:-

Justice Hector S Yapa Chairman/Commissioner

(Rtd. Judge of the Supreme Court)

Justice Nimal Dissanayake Commissioner

(Rtd. Judge of the Supreme Court)

Justice G. A. L. Abeyratne Commissioner

(Rtd. Judge of the Court of Appeal)

Mrs. Faleela B Jurangpathy Commissioner

(Former Principal, Muslim Ladies College)

Mr. M. Somasunderam Commissioner

(Former Civil Servant)

The address of the Mediation Boards Commission is No. 428/11, 2nd Floor, Major Denzil Kobbekaduwa Mawatha, Battaramulla.

Re: Land and Property Matter

Question: We have three children of whom two are living abroad. What are the implications, if we write our house and property to them as the two living aborad have given up their Sri Lankan citizenship?

Mrs. B. Wijetunge Ratmalana

Answer: The two children who have given up Sri Lankan citizenship are treated as foreigners. You can transfer or gift your property to them but you have to pay 100% stamp duty.

However, on the death of the parents, the property goes to the children. Otherwise you can write a Last Will for them.

What are the offences and disputes which cannot be referred to Mediation Board?

Question: What are the offences and disputes which cannot be referred to the Mediation Board?

Your kind reply would be greatly appreciated.

B. Upul Perera, Boralesgamuwa

Answer: According to Mediation Board Act No. 72 of 1988 - Section 6 (2), the disputes which cannot be referred to the Board are:

If one of the disputants is the

(a) the State; or

(b) a public officer acting in his capacity as such officer where the disputes related to the recovery of any property, money or other dues; or

(c) the Attorney-General, where the offence is an offence in respect which proceedings are instituted by the Attorney-General

According to the Mediation Board Act No. 72 of 1988, the following disputes referred to in the Third Schedule cannot be referred to the Mediation Board. The disputes in the Third Schedule are:

1. Actions relating to matrimonial disputes.

2. Actions relating to the persons and estates of persons of unsound mind, minors and wards.

3. Actions relating to guardians, curators and receivers.

4. Actions relating to trusts.

5. Actions relating to applications for adoption made under the adoption of Children's Ordinance.

6. Actions relating to applications made under the Registration of Births and Deaths Ordinance.

7. Parttiton actions.

8. Testamentary actions.

9. Actions under the Insolvency Ordinance.

10. Admiralty actions.

11. Actions relating to Election Petitions.

12. Actions relating to applications under Article 126 of the Constitution.

13. Actions relating to applications which were pending before the Debt Conciliation Board on the date of commencement of this Act or which have finally been dealt with by the Debt Conciliation Board by settlement or dismissal of the application.

14. Actions under the Mortgage Act.

15. Actions relating to breaches of the privileges of Parliament.