Legal Aid Commission

Protection of migrant workers

The recent exodus of Sri Lankan migrant workers from certain Middle Eastern proves the vulnerability of migrant workers specially the female domestic workers in countries of their temporary migration. In earlier cases the Kuwait war in 1990 and the subsequent war in Iraq, produced similar human catastrophes for migrant workers who are mostly from the poor countries in the world.

Sri Lanka happens to be a country where domestic migrant workers seek employment in affluent countries. Consequently, it is estimated that over one million regular and irregular migrant workers from Sri Lanka are working abroad specially in countries in the Middle East and East Asia. The contribution of migrant workers’ to Sri Lanka’s foreign exchange earnings had been the highest, totalling some Rs 198 Billion in the year 2005.

Sri Lanka was one of the first countries which signed the 1990 International Convention on the protection of the rights of migrant workers and members of their families on March 16, 1996. The UN sponsored Convention took 12 years to get the minimum number (10) Ratificators necessary for its enforcement and it finally became effective in 2002.

Upto date, while 34 countries have ratified the Convention, 14 countries have merely signed. Among the signatory countries, the labour receiving countries are conspicuous by their absence, while most of the signatory countries are those of migrant origin.

Under Part VII of the UN Convention the application and monitoring of the Convention have been entrusted to a Committee set up under Article 72 elected by secret ballot from among country experts on migration to serve in their personal capacity.

The distinction of being elected as Chairman of this Committee fell on Sri Lanka during the last two years. But domestic workers continue unabated and have failed to submit even the annual reports as provided in the Convention.

While ratification of International Convention is considered legally sufficient for enforcement of rights and duties under the Convention vis-…-vis other States, the Sri Lankan Law does not impose any legal obligation to the State to honour the Convention within the sovereignty of Sri Lanka unless supporting legislation is enacted by Parliament. So far after 11 years of ratification, Sri Lanka legislature has failed to enact the required legislation.

The 1990 International Convention, which was based on a number of ILO Conventions relating to the protection of human rights migrant workers, imposes certain obligation on the country of origin. Under Article 33 of the Convention, the state of origin (Sri Lanka) has an obligation to inform about the conditions of labour in the country of employment.

Most Sri Lankan domestic workers are completely unaware that some of the countries of employment do not respect basic human rights of the workers or the numerous ILO Conventions.

Most of female migrant workers realize they have been trafficked in to involuntary servitudes only when they find that they have no way to escape from the bondages. It is paramount the Sri Lankan Government brief about the situation prevailing in those countries and allow the workers to make an informed choice.

Migrant workers should be briefed about the rights under the International Convention such as the right to vote and the right to form workers association before departure. Transmitting information should not be left at the sole discretion of Employment Agencies whose main motive is making a profit from the ‘Migrant Industry’.

Development Legal Aid

Traditional court based legal aid programs still take priority. As equal access to justice is a fundamental right Sri Lanka has taken significant strides in this respect with 57 courts based legal aid centres islandwide. Improvement of outreach of traditional legal aid focusing on indigent Sri Lankans continues.

The Legal Aid Commission continues to promote Development Legal Aid programs simultaneously with traditional aid programs are community oriented rather than individual case oriented.

Legal issues relating to broader groups; women, migrant workers, consumers, children, elders, victims of crime, internally displaced persons and victims of human rights.

Violation comes within DLA programs Legal Awareness of the poor and the wider target of legal empowerment of the poor to enhance social justice.

Following are the DLA desks at the LAC

1. Anti-Corruption Desk - Uthpala Adhikari, AAL and Harshani Balaharuwa, AAL.
2. Apprentice Training Program and Bench and Bar Desk - Damayanthi Dissanayake, AAL.
3. Child Rights’ Desk- Mahesha de Silva,AAL. Harshani Balaharuwa AAL
4. Consumer Protection Desk - Lasanthi Palapathwala, AAL.
5. Disabled Persons Desk - Kalani A Medagoda,AAL
6. Elders’ Right Desk- Piumi Kumari, AAL Harshani Balaharuwa AAL
7. Human Rights Bureau - Suntheralingam, AAL, R Navodayan, AAL
8. Internally Displaced Persons Desk - S Suntheralingam, AAL
9. Migrant Workers Desk - Lilanthi Kumari, AAL
10. Prisons Desk - Thushari Sakuntala, AAL
11. Protection of Women’s Rights Desk - Chulari Hettiarachi, AAL
12. School Program and Essay Competition - Mahesha De Silva AAL
13. Labour and Environment Protection Desk - S. Suntheralingam, AAL
14. Psycho-Legal Counselling Unit - Kaushalya Gunawardena.

Questions and Answers

Change of surname

Question: Please let me know how to alter my elder son’s surname and his father’s details in the Birth Certificate as per my second marriage husband’s details. Is this possible?

Marina Haguranketha

Answer: The father’s details in your son’s Birth Certificate cannot be altered. Only the child’s surname inherited from the first father can be substituted. However, your son’s name can be changed under the Birth and Death Registration Ordinance under Section 27A. Such change of name will be mentioned in cage 13 of the Birth Certificate.

In this regard you may please contact the Divisional Secretariat Office where your child’s Birth Certificate is registered.

Deed given under Land Development Ordinance

Question: I am a owner of the State land. I want to know whether how succession would take place for a land for which ownership has been by a State Grant?

Mangalika - Marawila

Answer: Ownership to a land under a deed by a State Grant has to be given only to the spouse or children or blood relations. If you wish the land can be apportioned among the children within restrictions contained in the said Grant. If necessary, ownership can be given to husband or wife.

Ownership can be also given to own blood relations. In case succession was not nominated, it is your right to decide who should be nominated as your successor. You can nominate anyone whether your wife, child or blood relations as a successor. On the occasion of your death, prior to such nomination, the final decision will be taken by the Land Commissioner-General. On such occasion if you have both male and female children, preference would be given to the male children. If you have several male children, succession will be given to the eldest son. If you have only girls, succession will be given to the eldest daughter. The law does not permit to nominate minors as successor.

To cancel the nomination, please obtain three new forms and perfect/fill them as before. Get the new nomination papers attested and registered at the Land Registry as before. The new nomination is now in place and the earlier nomination thus cancelled.

If you need any information please contact:
Land Commissioner General
Land Commissioner General’s Department, No 7, Gregory’s Avenue, Colombo 7.
Telephone No : 011-2677166 / Fax : 011-2684051

Marriage Certificate

Question: I am a Sri Lankan. I met a Sri Lankan lady in France and later got married at the Sri Lankan Embassy in France. In our Marriage Certificate, my name has been mentioned incorrectly. How to correct it? Please advise us. I also would like to know whether we could get a certified copy of our Marriage Certificate.

Ranjan - Toduwawa

Answer: You have to file a case in the District Court of Colombo in Sri Lanka. You can cite the Registrar of the Central Record Room and the Registrar-General as Respondents. If you want to get a certified copy of your Marriage Certificate you can get it from the Central Record Room, Maligawatte, Colombo 10. Otherwise you can fill an application and send it to the above address together with a self addressed stamped envelope. Then they will post it to you.

Registrar General’s Dept. Zonal Office

Question: Please let me know the respective Zonal Office of the Registrar-General’s Department. Ramesh Gangodawila

Answer:

1. Head Office - Registrar General’s Department,
No: 234/A3, Denzil Kobbekaduwa Mawatha, Battaramulla, Sri Lanka. Tel: 2889488/2889489 Fax: 2889491 /2889492
Email: [email protected]

2. Room Central Record Room, Registrar General’s Department, Maligawatta, Colombo 10. 0112329773

3. Central Zonal Office, Registrar General’s Department, Kandy. 081-2224470.

4. North Zonal Office Land and District Registry, Registrar General’s Department, Jaffna. 021-2222475.

5. Eastern Zonal Office, Registrar General’s Department, Batticaloa. 065-2222227.

6. South Zonal Office, Registrar General’s Department, Galle 091-2224581.

7. Western Zonal Office, Registrar General’s Department, Delkanda 0112815316.

8. Uva Sabaragamu Zonal Office, Registrar General’s Department, Ratnapura 045-2222238.

9. North Western Zonal Office, Registrar General’s Department, Kurunegala 037-2228830.

FR Case

Question: As far as poor people are concerned, it is difficult to file a Fundamental Rights application within one month. Is there a remedy in this regard? Please advise me.

Kanchana Panadura

Answer: Article 17 read with Article 126 of the Constitution clearly states that the time limit is one month from the date of violation.

Therefore such an action cannot be sustained in the Supreme Court if filed after one month. However, if one is prevented or incapacitated from invoking the fundamental rights jurisdiction - e.g. incarcerated or hospitalized, then one month will not begin to run until such is removed.

If you are in a difficulty to file papers within one month, it is advisable to write a letter stating the facts of your case to the Chief Justice. The letter should be sent by registered post.

[Legal Aid Commission centres in Sri Lanka]

No. CENTRE OFFICER- IN-CHARGE ADDRESS/T.P

1. LAC Head Justice Hector Yapa Legal Aid Commission
Quarters Rtd Supreme Court Judge No.129, Hulftsdorp,
Director General High Court Complex,
Colombo 12. (5835329)
Nelum Gamage 5627338
Consultant
S.Suntheralingam 3137153
Consultant

2. Colombo M.M.Piyumi Kumari 211, Superior Court Office A.A.L/Coordinator Complex, Hulftsdorp, Colombo 12. 3137153

3. Welikada Prison Ms.Thushari Karunasinghe Welikada Prison A.A.L/Coordinator Welikada.5335329

4. Anuradhapura D.P.B.Mahadiulwewa Court Complex, A.A.L/Regional Director Anuradhapura 025-2224465 Ms. Mahesha AAL 0718805399

5. Kandy U.R.N.Ranatunga New Court Complex, A.A.L/Regional Director Getambe, Peradeniya 081-2388978

6. Galle K.C.Nilanthi Court Complex, A.A.L/Legal Officer Fort, Galle 091-2226124

7. Hambantota P.L.Chandrasena Court Complex A.A.L/Regional Coordinator Tissa Road, Hambantota 047-2221092

8. Nuwaraeliya Badra Seneviratne Court Complex, A.A.L/Legal Officer Nuwara Eliya, 052-2235260

9. Moneragala Ms.Shanthi Jayasinghe Court Complex, A.A.L/Legal Officer Moneragala 055-2276191

10. Ampara Ms.N.P.Rathnayake, Court Complex, A.A.L/Legal Officer Ampara. 063-2223496

11. Kegalle Ms.S.Senanayaka Court Complex, A.A.L/ Legal Officer Kegalle, 035-2231790

12. Chilaw Pradeep Shanthapriya Court Complex, A.A.L/ Legal Officer Chilaw 032-2222175

13. Akkaraipattu A.C.Rizwan District Court Complex, A.A.L/Coordinator. Akkaraipattu 067-5675333

14. Balapitiya Mercy Munindradasa Court Complex A.A.L/Coordinator. Balapitiya, 091-2255753 15. Matara Rajika Prasadini No.38, Lawyers Complex, A.A.L/Coordinator. Fort, Matara. 041-2233815

16. Vavuniya M.Sittampalam Court Complex, A.A.L/Director Vavuniya 024-2221863

17. Trincomalee R.Thirukumaranathan Court Complex, A.A.L/Legal Officer Trincomalee 026-2222293

18. Kalmunai Sabeer Ahamed Court Complex, A.A.L/Coordinator. Kalmunai 067-2223710

19. Jaffna K.Kesavan, AAL 175,1st Cross Street, Director Jaffna (0212224545)

20. Batticaloa E.Kandasamy No.29, Nallaiah Road A.A.L/Coordinator. Batticaloa 065-2226359

21. Bandarawela Anoma Atalugama 15,Welimada Road A.A.L/Legal Officer Bandarawela 057-2224733

22. Matale Gayanie Anandarathna Court Complex, A.A.L/Legal Officer Matale.066-3664588

23. Avissawella Yashoda Vidyaratne Court Complex, Hiranthi Liyanage Avissawella A.A.L/Legal Officer 036-2233857 Yasoda - Mobile 0773222191

24. Ratnapura R.M.I.R.Rajapaksha Court Complex, A.A.L/Legal Officer Ratnapura. 045-2226899

25. Negombo Gayani Abeysinghe, 46, Main Street, A.A.L/Legal Officer Negombo. 031-5677111

26. Kalutara Pavithra Sanjeevani No.443, Galle Road, Coordinator/Legal Officer Kalutara. 034-5628860

27. Gampaha Achchini Adhikari Court Complex, A.A.L./Legal Officer Gampaha 033-5677998

28. Polonnaruwa Deva Kularathna Court Complex, Director Polonnaruwa. 027-2222293

29. Panadura Nandika Gunawardena 96,Srimaha Vihara Rd AAL/Legal Officer Panadura 038-2244822

30. Kuliyapitiya Kaushalya Hapurachchi Court Complex AAL/Legal Officer Kuliyapitiya 037-2284611

31. Kurunegala D.V.Seneviratne Court Complex AAL/Regional Director Kurunegala 037-2229641

32. Mahiyangana C.K.Wickramaratne Court Complex AAL/Legal Officer Mahiyangana 055-2258332

33. Maho R.M.K.Sajeewani Court Complex Rajapakse Maho AAL/Legal Officer 037-2275075

34. Horana Ms.Surangani Perera New Court Complex A.A.L./Legal Officer Horana 034-2655244

35. Matugama Ms.Pavithra Pathirana Court Complex Legal Officer Matugama. 034-3444426

36. Attanagalla Ms.Pradeepa Nilmini Court Complex A.A.L/Legal Officer Attanagalla 033-2297020

37. Deniyaya Ms.B.N.M.Deraniyagala Court Complex A.A.L/Legal Officer Morawaka(Deniyaya) 041-3428006

38. Dambulla Ms.Udayangani Munasinghe Court Complex A.A.L/Legal Officer Dambulla 066-3682238

39. Mawanella Ms.Nilushi Jayasinghe 71/5J 1/1, A.A.L/Legal Officer Highway Complex Kandy Road,Mawanella 035-2247272

40. Marawila K.P.Jayathilaka Court Complex A.A.L/Legal Officer Marawila, 032-2254443

41. Warakapola Ms.Yamuna Kumari Court Complex A.A.L/Legal Officer Warakapola, 037-2277075

42. Juvenile Court Ms.Sajeewani Abeykone Juvenile Court Complex Legal Officer Bambalapitiya,2507687

43. Nugegoda Chamika Mutunayake Court Complex Legal Officer Nugegoda, 2809068

44. Welimada Thamara Damayanthi Court Complex A.A.L, Legal Officer Welimada, 057-2244860

45. Kantalai Menaka Damayanthi Court Complex A.A.L/Legal Officer Kantalai, 077-4444260

46. Tambuttegama E.M.P.Dammika Court Complex A.A.L/Legal Officer Tambuttegama

47. Mt.Lavinia L.Palapaththwala Court Complex P.Aththanayake Mt.Lavininia A.A.L/Legal Officers 2718708

48. Tissamaharama D.N.Priyanganie Court Complex A.A.L/Legal Officer Tissamaharama, 047-2239611

49. Baddegama Nisansala Guruge Court Complex A.A.L/Legal Officer Baddegama, 0716886789

50. Wellawaya L.Wickramasinghe Court Complex A.A.L/Legal Officer Wellawaya, 0715306115

51. Walasmulla Nihal Liyanage Divisional Secretariat A.A.l/Legal Officer Walasmulla, 072-4396114

52. Nawalapitiya Sudarma Gunapala Court Complex A.A.L/Legal Officer Nawalapitiya, 0716606811

53. Embilipitiya P.Liyanage Court Complex A.A.L/Legal Officer Embilipitiya, 0775-517428

54. Hatton T.P.G.Punchihewa 204D, Colombo Road A.A.L/Legal Officer Fruit Hill, Hatton 051-2225238

55. Hingurakgoda B.P.K.W Tennakoone No.278, Nuwarawatta A.A.L/Legal Officer Hingurakgoda, 027-3278885

56. Badulla S.C.Abeyweera Court Complex A.A.L/Legal Officer Badulla, 077-1548825

57. Mannar E.C.Feldano Court Complex A.A.L/Legal Officer Mannar, 077-6685918

58. Kaduwela Shiromi Court Complex, Kaduwela 0718063133