Internally Displaced Women (IDWs)

On March 8, the United Nations and many countries in the world will be celebrating the International Day for Women. For the past 100 years women in different countries the world over have celebrated on March 8 every year, women's remarkable achievement and contributions to humanity.

The United Nations has actively supported these celebrations as an integral part of their women empowerment program.

Sri Lanka is a country with the unique historical female achievement of producing the first women Prime Minister in the world. More recently, due to progressive policies adopted, Sri Lanka has been placed 12th in the world in achieving gender parity in education and employment. The World Economic Forum in 2008 placed women in Sri Lanka in this high position from among 192 countries even surpassing developed countries which had a women empowerment program for longer periods in history and whose per capita incomes were sometimes over 30 times that of Sri Lanka. Sri Lanka is also a Country where a separate Ministry of Women's Affairs was established over two decades ago to implement policies and programmes to empower women in the country.

Despite these salutary achievements the substantial section of Sri Lankan women has faced the twin misfortunes of being displaced from their homes due to the tsunami in 2004 and the bloody fratricidal war and terror for the past 26 years.

The tsunami disaster displaced over 500,000 persons, the majority of whom were women and children. The major portion of tsunami displaced women have now being provided with permanent housing but still there are pockets of IDW's with their siblings in temporary shelters waiting for a permanent heath and a home. The displacement of women due to terror and armed conflict particularly in the North and East of the Island and the areas immediately surrounding the theatre of conflict continues to make them vulnerable in flight as well as in the "Welfare Centres".

According to and the study commissioned by the UNHCR in 2004 on Sexual and Gender Based Violence in conflict affected areas there were 109 welfare centres in the North and East housing IDPs. With the fluctuation in the pattern of war the number of Welfare Centres were bound to be changed but the day when all the IDW's could resettle in permanent homes and resume their normal life would be in the distant future.

Displaced women in refugee camps in foreign countries or Internally Displaced Women in make shift Welfare Centres are extremely vulnerable to general violence and more specifically to Sexually Gender Based Violence. This is a harrowing phenomenon common in all displaced and refugee camps anywhere in the world.

The Sri Lankan authorities in charge of displaced persons are fully committed to ensure the dignity and equality of women in the displaced shelters following international standards, but the fragile nature uprootment makes achievement of total success is extremely difficult.

The vulnerable nature of gender safety in welfare centres is further compounded by questions of general security making IDWs the most vulnerable segment of women in Sri Lanka.

All concerned persons while celebrating women's achievements on International Women's Day should resolve to relieve the thousands of Internally Displaced Women from their misery as soon as possible.

S.S Wijeratne, Former UNHCR Chief of Mission, in Philippines, Bangladesh and Afghanistan

Sri Lanka a pioneer in child protection - S.S. Wijeratne

In 1928 the Child Protection Society of Ceylon (CPS) was established by Sir John and Lady Parson at a time when there were no Laws for child protection in the country.

"For the past 80 years the CPS has played a pivotal role in promoting laws and standards for the welfare of the destitute children", said CPS President S.S. Wijeratne at a ceremony organised by the CPS Child Development Centre (CDC) (Rukmale) to launch a Fruit Tree Planting Program.

The Chief Guest at the ceremony was British High Commissioner in Sri Lanka Dr. Peter Hayes.

The CPS President further said that society was responsible, as acknowledged in the House of Lords by Lord Passifield in 1930 for pioneering Child Protection Legislations in Sri Lanka even before the United Nations Organisation came into existence. The Children and Young Persons Ordinance of 1938 which still continues to be the basic legal framework of child protection in Sri Lanka was the result of the untiring efforts of the CPS.

Child Protection is considered an integral part of legal aid and the Legal Aid Commission has established a separate Legal Aid Desk for children as well as Child Protection Legal Aid Centres at the Juvenile Court in Bambalapitiya. Child Development Centres for Boys in Maharagama and the Girls in Rukmale of the CPS, accommodate destitute children sent for protection mainly by the Juvenile Courts. While in the Child Development Centres, the children attend regular schools and receive special training in computer technology and English in keeping with the National policy to promote English and Information Technology in the country.

The meeting was conducted in English by 16-year-old CDC student Anuradha Piyumi Gunaratne.

Questions and Answers

Value of filing testamentary case

Question: How would testamentary action arise in courts?

Perera

Narahenpita

Answer: Testamentary action would arise in a situation where a person has died intestate leaving property worth over Rs.500,000 or where a person has died leaving a Last Will. The law relating to such actions is the Law of Executors and Administrators. Such actions should be filed in the District Court with a reasonable time frame after the death of the person. The Civil Procedure Code regulates the procedure to be followed in testamentary actions.

Passport for adopted child

Question: We have one child and have adopted a child through the courts The adopted child is almost six years of age. I now need to obtain a separate passport for him. How do I get a separate passport for him? Is there any special procedure to obtain that?

Suwini Perera

Nawalapitiya

Answer: You can obtain a minor's passport for your adopted child or infant, if he or she is a Sri Lankan. The following documents are compulsory(in the case of adopted children) to obtain separate passports or get her/his name in to the parents passport.

* The court order in respect of adoption of the child.

* Letter of confirmation from the Probation Department.

* If he or she is in the previous parent's passport, the photocopy of such Passport is necessary together with their letter of consent. If not, photocopies of the parents' NIC should be attached.

* Duly completed form K and IM 35 (B)

* Birth Certificate of the child.

* Birth Certificate issued by the particular overseas Mission and the Birth Registration Certificate issued by the Department of Emigration & Immigration under Section 5 (2) of the Citizenship Act (if the child is born in a foreign country).

If the Citizenship Certificate is not available, a copy of the receipt of the payment is also acceptable.

* The consent letter is compulsory from the parents declaring that they do not have objections to issue a separate passport to the child.

* Death Certificate if parent is dead.

* Divorced Certificate if parents are divorced.

* The Passports of the parents with photocopies of data page and the page assigned for inclusion of children's names and photographs.

* If parents do not possess Passports, an Affidavit should be produced declaring that they have not obtained Passports and NIC of the parents with photocopies.

* The National Identity Cards (with photocopies) of the parents if they have not obtained a Passport.

How to get benefit of W&OP?

Question: Please let me know whether under the Widows/Widowers and Orphans Pension Scheme, who can claim the benefits of the W&OP fund?

I further like to know how the disabled child could claim benefits from the said Fund?

Priyantha

Matara

Answer: Under the Widows/Widowers and Orphans Pension, benefits can be claimed from the following persons:-

* Widow/Widower where the spouse is dead.

* All male children under 21 years of age.

* All unmarried female children under 21 years of age.

* All unemployed male children over 21 years but less than 26 years of age.

* All unemployed and unmarried female children over 21 years but less than 26 years of age.

* Disabled Orphans above the age of 26 years decided by the Govt. Medical Board to be mentally and physically incapacitated to earn their livelihood.

In a case of a disabled child. If the disabled child has a guardian or you are the guardian of the disabled child, can request the Pensions Department grant the W&OP benefits to him or her.

The guardian of the disabled child or the disabled could request the Pensions Department by letter stating the above reason and by submitting his or her Birth Certificate (to prove that she or he is the daughter or son of the of the deceased person) and he or she has to submit the Death Certificate of the pensioner. If you need further clarification you call the Pensions Department - Tel.No.2431647.or you can get further advice to call the Legal Aid Commission head office.

Can employees who regularly come late to work be punished

Question: I am the Manager of a private company and some employees are in the habit of coming late to work while some are in the habit of consuming alcohol during working hours.

Please let me know what sort of disciplinary action I can take against them.

Silva

Kandy

Answer:

(a) You can punish them by imposing a fine for the offence committed.

(b) No fine can be imposed without the consent of the employee. In addition your Management should set up a Fund with the approval of the Commissioner General of Labour. The Fund should be used only for the benefit of the employees.

(c) Fines may be imposed for the commission or omission of the following acts -

(i) Absence from work without reasonable excuse.

(ii) Late attendance at work without reasonable excuse.

(iii) Causing damage to, or causing the loss of goods or articles belonging to the employer, such damage or loss being directly attributable to negligence, wilfulness or default of the employee.

(iv) Slacking or negligence at work.

(v) Sleeping whilst on duty.

(vi) Wilful failure on the part of the employee to comply with any lawful order given to him in relation to his work.

(vii) Theft of goods or articles belonging to the employer, or fraud or dishonesty in connection with the Employer, or fraud or dishonesty in connection with the Employer's business.

(viii) Intoxication during working hours.

(ix) Wilful insubordination or wilful breaches of discipline.

(x) Incivility to any person who visits the Employer's premises for the transaction of business.

(xi) Malingering

(xii) Interference with any safety devices installed in the Employer's premises.

(xiii) Distribution or exhibition of pamphlets or posters not relating to employment inside the Employer's premises, without the Employer's permission.

(xiv) Violation of instructions given for the maintenance of cleanliness in the Employer's premises.

(xv) Smoking in any part of the premises where the Employer prohibits smoking.

(d) The aggregate amount of the deductions made in respect of fines at any one time should not exceed 5% of the remuneration earned by the employee during the period during which such fine was imposed.

Provision for maintenance of disabled child?

Question: My sister had an affair with a man who is married and has a child from him.

That child is disabled. But the father of the child refuses to give his name to the child. I want to know whether there is any provision to ask for maintenance for that child, when the fathers name is not in the birth certificate and they were not married. Please help me.

Samantha

Panadura

Answer: Under the Maintenance Ordinance Amended Act, No.37 of 1999, there is provision to ask for maintenance to a disabled child from their parents.

Under this Act the Court will look at the circumstances of the case. In this regard the paternity has to be established. Today the DNA tests can be done to prove paternity.

An application for maintenance may be made -

(a) where such application is for the maintenance of a child or disabled offspring, by such child or disabled offspring or by any person who has custody of such child or disabled offspring.

The application for maintenance may be made to the Magistrates Court within whose jurisdiction the applicant or the person in respect of whom the application is made or the person against whom such application is made resides.

ICCPR Act, No. 56 of 2007

Question: What are the children's rights which are recognized under the ICCPR Act No. 56 of 2007 ?

Anusha

Anuradhapura

Answer: The ICCPR Act, No. 56 of 2007 recognizes the rights of the child under Section 5:

* Every child has a right to have his or her birth registered and to have a name from his or her date of birth.

* Acquire nationality.

* Be protected from maltreatment, neglect, abuse or degradation and have legal assistance provided by the State at State's expense in criminal proceedings affecting the child, if injustice would otherwise result.

* In all matters concerning children, whether undertaken by public or private social welfare institutions, courts, administrative authorities or legislative bodies. The best interest of the child shall be paramount importance.

Annual Leave

Question: I am employed as an Assistant Manager and I joined the company in January 2009. I was told that I am entitled to annual leave only from next year. Is this correct?

Anusha

Maharagama

Answer: Yes. According to the Shop & Office Employees Act, an employee becomes entitled to annual leave on completion of one year service.

As you have joined in January you are entitled to 14 days from next year.

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Mediation Board

Question: Please let me know whether it is possible to settle small matters relating to neighbours through the Mediation Board without going to courts? If so How could they reach the Mediation Board? Please advice us.

T. Pathirana

Panadura

Answer: People can settle the matters referred to the Mediation Board. Mediation is a process of alternative dispute resolution in which a neutral third party, the Mediator, assists two or more parties in order to help them achieve an agreement with concrete effects, on a matter of common interest; any activity in which an agreement or whatever matter is researched by an impartial third party, usually a professional, in the common interest of the parties.

The intervention into a dispute or negotiation of an acceptable, impartial and neutral third party who has no authoritative decision making power , to assist contending parties to voluntarily reach their own mutually acceptable settlement of issues in dispute. Under the Mediation Board Act No.72 of 1988 and the Mediation Board Act 2003, you can personally make an application to the Mediation Board.

Your problem should be stated in brief. Your name and address together with the names and addresses of the party to the dispute should be mentioned. On receipt of your application, the Board will summon the parties for a discussion.

The police could also refer you to the Mediation Board. This happens when a complaint is made to the police and when the police feel that the matter should be resolved by mediation or according to the law; it has to be referred to the Mediation Board.