Introduction -

Uninvited Mediation

Mediation is the preferred technique of resolution of disputes of the human species. The disputes can range from the most simple form of intra-family disputes to disputes between religious, language and racial groups within a country or could include disputes between independent and sovereign states.

Before the establishment of the United Nations many of the inter- country disputes when not resolved by bi-lateral diplomacy has ended in war between countries embroiled in the conflict. When a large group of countries enter into multiple armed conflicts with another group of countries thus enveloping the globe they are referred as world wars. In the 20th century the world experienced two devastating world wars. Millions of people died in these two tragedies.

Tissamaharama District Judge W.K.D. Wijeratne having a chat with Minister of Ports and Aviation Chamal Rajapaksa before the opening of the LAC Centre, Minister Dilan Perera and LAC Chairman S.S. Wijeratne are also in the picture.

The victorious countries of the Second World War decided to establish the United Nations Organization in 1945 with avowed intention of preventing the scourge of war in the future. The Charter of the United Nations unlike her ineffective predecessor, the League of Nations provided a multi-lateral mechanism for international mediation of inter country disputes between or among sovereign member states.

The fundamental premise of the Charter was the non-interference in the internal affairs of UN member states however small and insignificant they were in wealth and military power. The rule of international law was to be the guiding principle binding the community of nations.

The role of mediation, negotiation, conciliation and arbitration are recognised under Article 33 of the United Nations Charter for the pacific settlement of inter country disputes. The Security Council was vested with the power to call upon disputant countries to settle their disputes using any one o the peaceful means of settlement.

The UN Secretary-General is vested with power to execute the decision of the Security Council.

Mediation by the UN Secretary-General or the Security Council could only take place with the consent and request by the parties to inter-state disputes. UN or member states of the UN are prohibited from interfering in the internal affairs of another state on the well established principle of non-interference in the affairs of the states.

Third party states have no legal rights to intervene in the internal disputes of other countries even as a mediator, facilitator, arbitrator or conciliator without the consent of all parties concerned. Any forcible attempt to become an uninvited good Samaritan mediator tantamount to be violation of the principle of non interference, however deceptively garbed the process in diplomatic language. It is a blatant violation of international law.

When the uninvited mediator is a militarily more powerful state it is a naked violation of international law calling for universal condemnation.

S.S.Wijeratne

UN Child Rights Day Inter School Competition in Southern Province

Art competition

* The size of the painting should be 16'X18' and it should be attested by the Principal of the school/Class teacher.

* The topic of the painting should be written on the reverse of the said painting.

* Your name, grade and the name of your school should be written on the reverse of the painting.

Photography

* The size of the photograph should be '8X12' and it should be attested by the Principal of the school/Class teacher.

* The topic of the photograph should be written on the reverse of the said photograph.

* Your name, grade and the name of your school should be written on the reverse of the photograph.

* One can send 1-5 photographs.

Address your paintings/photographs to: The Legal Aid Commission of Sri Lanka, No.129, Hulftsdorp Street, High Court Complex, Colombo 12. Closing Date 30th October 2008.

Questions & Answers

Rape

Question: How is a man said to have committed rape? Could you please define this clearly through your valuable Daily News Legal Aid Page?

I also take this opportunity to thank the Legal Aid Commission for the valuable service rendered to the public through this page. Well done. Keep it up.

Mrs.W.J.Fernando

Mutwal.

Answer: Under Section 363 of the Penal Code Act No.22 of 1995, man is said to commit "rape" who has sexual intercourse with a woman under circumstances falling under any of the following descriptions"-

(a) without her consent even where such woman is his wife and she is judicially separated from the man;

(b) with her consent, while she was lawful or unlawful detention or when her consent has been obtained, by use of force or intimidation, or by threat of detention or by putting herein fear of death or hurt.

(c) with her consent when her consent has been obtained at a time when she was of unsound mind or was in a state of intoxication induced by alcohol or drugs, administered to her by the man or by some other person;

(d) with her consent when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is, or believed herself to be, lawfully married;

(e) with or without her consent when she is under sixteen years of age, unless the woman is his wife who is over twelve years of age and is not judicially separated from the man.

Re: Filing of testamentary case

Question: My husband wrote all the properties to his two children before he died. After my husband's death he got a title to a part of a land on a court decision in a partition case. The property is valued more than Rs.3 Million. He died intestate. Is it necessary to file a testamentary case? Please advice.

Mrs.G.Rodrigo

Kaduwela

Answer: Yes. According to the Civil Procedure Code - Section 525, "when any person shall die in Sri Lanka without leaving a will, it shall be the duty of the widow, widower, or next of kin of such person, if such person shall have left property in Sri Lanka amounting to or exceeding in value five hundred thousand rupees, within one month of the date of his/her death to report such death to the District Court of the district in which he/she shall have so died, and at the same time to make oath or affirmation or produce an affidavit verifying the time and place of such death and stating if such is fact, that the intestate has left property within the jurisdiction of that or any other, and in that event what Court, and the nature and value of such property. In your case you have to file a testamentary case as soon as possible.

How to get copy of Marriage Certificate

Question: I want to file a maintenance case against my husband. My lawyer advised me to submit the original Marriage Certificate. But I don't have any documents. All the documents are with my husband. I want to get a copy of my Marriage Certificate. We got married on December 21, 2008 at Kalutara.

Please let me know as a wife can I apply a certified copy of the Marriage Certificate? Could you kindly let me know the correct procedure?

S.Tharuka

Kalutara

Answer: As a wife you can apply for a certified copy of the Marriage Certificate. If you know the date and year of marriage, you could visit the Divisional Secretariat's Office, where you got married (Births/Deaths & Marriage Registrar) and obtain Form 121. In your case you have to go to the Kalutara Divisional Secretariat's Office, The duly completed Form 121 should be submitted together with uncancelled stamps in payment of charges.

If stamps are sent by post, it is advisable to send them under registered cover. All applications should be accompanied by a self addressed envelope. If the certificate is required to be sent under registered post, the required registration duty should be affixed to the cover.

The certificate will be issued in the language it had been registered. If a translation is desired a separate application in the relevant form must be made to the appropriate District Registrar or the Registrar-General's Office, Denzil Kobbekaduwa Mawatha, Battaramulla. The relevant stamp fees are given below:-

Where the date of registration or the number of the entry is given the stamp fee for one copy of the certificate is Rs.25/=.

Where the date of registration or the number of the entry is not given and a search of Registers not exceeding three months is involved fee for one copy of the certificate is Rs.50/-.

Search of registers only for a period not exceeding two years the stamp fee is Rs.100/- (No application for search shall exceed a period of two years.) Please do not pay any other fee other than stamp fees mentioned herein.

Sri Lankan Citizenship Registration for child

Question: My son and daughter live in India. Both of them are Sri Lankans. My daughter is expecting a baby. Please let me know the procedure to obtain the Sri Lankan citizenship registration for the child.

M.Ameen

Gampola

Answer: The registration of the birth of a child under the Births and Deaths Registration Ordinance must under normal circumstances be made within three months of the birth. However, if a child of a citizen of Sri Lanka is born abroad, there is an additional requirement under the Citizenship Act that such birth should be registered within one year at the office of the Representative of Sri Lanka in the country of birth or at the Citizenship Division of the Ministry of Defence in Colombo and such children should obtain a Citizenship Certificate from the same Division.

Therefore, when an application is made for the registration of birth under the Births and Deaths Registration Ordinance, a valid application for the registration of the child under the Citizenship Act should also be made. Such applications for Citizenship Certificates are forwarded to the Citizenship Division which will process the application and send the Citizenship Certificates to the same Embassy/Consulate for onward transmission to the applicant.

The Citizenship Division of the Ministry of Immigration and Emigration Department is now located in the 3rd Floor, at No. 41 Ananda Rajakaruna Mawatha, Colombo 10, Sri Lanka (Phone: 94-11-5329240).

If the application for registration of birth is made after three months, the reason for the delay should be given in writing at the time of making the application. If the application is made after 1 year, such applications are forwarded to the Registrar General in Colombo for a decision. In such cases an additional declaration form should be completed.

A child's birth may be registered in Sinhala, Tamil, or English languages and when the application is made for the registration of a birth, the preferred language should be indicated. For registration of a birth of a child of a national of Sri Lanka -born outside of Sri Lanka- the father or mother of the child should be a citizen of Sri Lanka at the time of the birth of the child. The father or mother of the child may make the application for registration of the birth which should be made in duplicate. The father must be present at the Consulate General to make the application. Mother's presence is not compulsory at the time of making the application for the registration of birth. An application can be made to include the child in mother's or father's passport.

Non receipt of due promotion

Question: I am an Ex-Naval Officer and retired on completion of 22 years of service. After my retirement I received a job in one of the Corporations as Branch Manager and completed 10 years of service in the same post. I have applied for internal promotions on more than three consecutive occasions along with other employees and up to now not being called upon to appear for the interview which resulted in non receipt of my due promotion.

Therefore, I have made repeated written requests to the Top Management to consider my promotions but up to now I have had no positive reply received. This matter has been inquired from the Deputy General Manager (P&A) who is responsible to call for the interview and even he has failed to response.

Therefore you are kindly requested to advice me regarding the legal procedure to be adopted for not granting my due promotions as well as for not complying with my repeated requests.

K.M.Sumanadasa

Sent by Email.

Answer: If a person with less qualification has been selected, you can file a writ application in the Court of Appeal challenging the same. Even if proper procedures were not followed, still a writ of certiorari can be obtained to quash the same.

RE: W&OP benefits

Question: I am getting the W& OP benefit of my husband. I have an unmarried daughter who is now 35 years old.

Please let me know whether my daughter could obtain my husbands W&OP benefit after my death?

P.Anula

Kurunegala

Answer: Under the Pension Minutes & Circulars, your unmarried daughter is not entitled to your husband's W&OP benefits after your death. Unmarried daughters are entitled to such benefits only up to 26 years of age. But if the children are disabled they are entitled for this benefit throughout their life time. However, their disability must be approved by the Medical Board appointed by the Pension Department.

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How to get stranded housemaids back to Sri Lanka?

Question: If a person is stranded in a foreign country, whom should they contact? Please let me know the proper Authority we should approach to get these innocent housemaids back to Sri Lanka.

M.Rizwan, Chilaw

Answer: You must first visit the Sri Lankan Embassy in that country and inform them the necessary details, such as their details, contact number, and the problem they are facing. Then they will inform the Consular Division in Sri Lanka. The Consular Division in Sri Lanka will accordingly inform their next of kin. The next of kin can visit the following address and get down the stranded housemaids after paying the required amount to the Consular Division in Sri Lanka:

The Consular Division, Ministry of Foreign Affairs, No.14, Sir Baron Jayatilleke Mawatha, Colombo. Tel.No.011 2325372/5

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LAC Centres and telephone numbers

Centre				Tel: No.

01 Head Office			2433618, 5335281
02 Tsunami Regional Centre 	060-2137153
03. Welikada Prison		5335329
04. Bandarawela			057-2224733
05. Matale			060-2664588/071-4447151
06. Avissawella			060-2362219
07. Ratnapura			045-2226899
08. Negombo			031-5677111
09. Kalutara			034-5628860
10. Gampaha			033-5677998
11. Polonnaruwa			027-2222293
12. Anuradhapura		025-2224465
13. Kandy			081-2388978
14. Kurunegala			037-2229641
15. Galle			091-2226124
16. Hambantota			047-2221092
17. Nuwara Eliya		052-2235260
18. Moneragala			055-2276891
19. Ampara			063-2223496
20. Kegalle			035-2231790
21. Chilaw			032-5672457
22. Akkaraipattu		067-5675333
23. Balapitiya			091-2255753
24. Matara			041-2233815
25. Vavuniya			024-2221899
26. Trincomalee			026-5676023/026-2222293
27. Kalmunai			067-2223710
28. Jaffna			021-2224444/077-735910
29. Batticaloa			065-2226359
30. Panadura			038-5677100
31. Kuliyapitiya		037-2284611
32. Mahiyangana			055-2258332
33. Mahawa			037-2275075
34. Horana			034-2265244
35. Matugama			060-2444262
36. Attanagalla			033-2297020
37. Dambulla			060-2682238
38. Deniyaya			060-2428006
39. Mawanella			035-2247272
40. Marawila			032-2254443
41. Warakapola			037-2277075
42. Juvenine Court, Bambalapitiya   2507687
43. Nugegoda			2809068
44. Welimada			060-2577019
45. Kantale			077-4444260
46. Tambuttegama		Tel. not fixed yet
47. Mt. Lavinia			060-2266020

AGENDA
Opening Session	:		31st October 2008.
Venue & Time	: 		BASL Auditorium at 3.00 p.m.
Inauguration Speeches	:	S.S.Wijeratne - Chairman, 
				LAC JusticeHector S Yapa, DG,
				LAC  U.R.de Silva -Secretary, BASL
Address by Chief Guest 	:	Justice Nissanka Udalagama, Director,
				Judges Training Institute.
3.45 p.m. to 4.30 p.m 	:	Sajeewa Samaranayake, 
				AAL Child ProtectionSpecialist 
				“Protecting Child Rights throughcourts”.
4.30 p.m. to 5.30 p.m. 	: 	S.S.Wijeratne - Convener,NCVC 	
				“The Bill onAssistance and Protection to Victims 
				of Crime and Witnesses”
Plenary Session I 	:	November 10, 2008  At Youth CouncilAuditorium, 
				Maharagama.
9.00 a.m. to 10.00 a.m.	:	Ms.Viji Jegarajasasingham Secy. 
				Ministryof Social Service, 
				Dudley Karunaratne,Chairman, Elders’ Claims Board 
				“LAC role inprotection of Elders’ Rights”.
10.00 a.m. to 10.45 a.m.: 	Manohara de Silva, PC. Draftingpleadings.
10.45 a.m. to 11.15 a.m.: 	Refreshments
11.15 a.m. to 12.00 p.m : 	Rohan Sahabandu,AAL, Appeals.     
12.00 p.m. to 12.45 p.m : 	Justice Hector S Yapa. “Appellate,Revisionary & 
				Writ Jurisdiction of HighCourt”.
12.45 p.m. to 1.45 p.m. :	Thisath Wijegunawardene, AAL “Divorce 
				and Maintenance Application”.
06.00 p.m.		:	“Neethi Sarana Gee Miyasiya”

Plenary Session II 	:	November 2, 2008, At Youth CouncilAuditorium, 
				Maharagama.
9.00 a.m. to 9.45 a.m. 	: 	Uditha Egalahewa, AAL “Termination ofEmployment”.
9.45 a.m. to 10.15 a.m. :	Improving Legal Aid General discussionfrom 
		LAC Centers.
10.15 a.m. to 11.00 a.m. :	Ms.Uma Wijesinghe, AAL Head of Human Rights 
				Bureau “Implementation of ICCPR ActNo.56 of 2007”.
1.00 a.m. to 11.15 a.m. :	Tea 
1.15 a.m. to 12.00 p.m. :	Ms.Nelum Gamage, Consultant 
				“Management of Legal Aid”
12.00 p.m. to 12.45 p.m. :	S.S.Wijeratne, Chairman, LAC 
				“Summary andrecommendation”.
01.00 p.m. 		:	Lunch and Adjournment