Legal Aid Commission

Post-conflict legal recovery - Part III

Continued from last week

These apart there are many other matters which call for legal and administrative intervention without undue delay in the context of post conflict scenario.

One of the grievances of the minority community against the successive governments of Sri Lanka has been that their language, viz., the Tamil language, was given Official Language status by the 13th and 16th Amendments to the Constitution in 1987 and 1988 respectively, the Constitutional provisions relating to the Official Languages have been observed in the breach than in accord by almost all the government institutions. In particular those Constitutional provisions relating to the Tamil Language are not implemented effectively and as a result the members of the Tamil speaking communities encountered immense difficulties in transacting business with the government institutions and their documents are not made available to them in their mother tongue which is recognized as an Official Language as well.

This also engendered in the minds of these people a sense of being treated discriminatorily which is not conducive to promote harmony, understanding and peace amongst various language speaking people in the country. It is essential that the government takes immediate and effective steps to ensure that every citizen of this country is in a position to transact business with the government institutions in his or her mother tongue in any part of the country which right he or she is entitled under the Constitution post 1987.

In this respect, the present Government has taken the positive step of setting up a separate Ministry for National Languages and Social Integration.

The objective of this Ministry is to promote the implementation of the Constitutional provisions relating to Languages and to promote social integration, amongst others, within the different ethnic communities of the country.

The Department of Official Languages is set up to help the government institutions to act in accord with the Language Policy laid down in the Constitution. This Department comes directly under the Ministry of National Languages and Social Integration. The Official Languages Commission Act of 1991 provided for the establishment of the Official Languages Commission to monitor the proper implementation of the provisions of the Constitution on Languages.

The Chairman and Members of the Commission are appointed by the President of the Republic and enjoy certain degree of autonomy with regard to the exercise of its powers and functions as they exercise quasi-judicial power.

The Commission has power to investigate complaints made to it by any person or on its own motion against non-implementation of the Official Languages Policy and to conduct review of the practices adopted in any government institution as to whether they infringe the language rights of people.

In addition, the National Institute for Language Education and Training established under an Act of Parliament in 2007 is set up to provide training and education in the Official and National Languages so that the use of languages will be promoted in the country.

If these steps are effective and institutions established do function effectively and with sufficient financial support and creative understanding of their respective roles, coupled with the adoption of proper national policy on recruitment to public service and on education, the grievances relating to the non-implementation of the languages right of the minorities would be abated sooner than later.

Yet another issue which needs the attention of the government relates to the effective implementation of the Constitutional provisions relating to the establishment and functioning of the Provincial Council system in the Northern and Eastern Provinces as contained in the 13th Amendment to the Constitution and the Provincial Councils Act of 1987.

The Provincial Councils have been functioning in other seven Provinces since 1990 without much disruption and hiccups. The Provincial Council election for the merged Northern and Eastern Provincial Council took place in early 1990 and the elected body was short-lived and stood dissolved. Thereafter the elections for the North-East Provincial Council were not held until 2008 when the elections for the de-merged Eastern Provincial Council were held. The election for the Northern Provincial Council is yet to be conducted.

The long delay in holding the elections was, perhaps, attributable to the bloody civil war that raged in those areas during the last two decades. Although the civil war was brought to an end in 2009 through the actions of the security forces, it does not mean that the ethnic conflict arising out of unresolved political issues has disappeared from the country. The failure to hold elections for the Northern Provincial Council even after the passage of two years from the end of civil war may represent that the people of the Northern Province have not experienced any legal recovery of the right to enjoy and exercise their political power recognized and enshrined in the Constitution.

This becomes all the more problematic when one finds that the people of the area have exercised their franchise not once but twice within quick succession at the Presidential Elections and Parliamentary Elections during 2009 - 2010.

The delay in holding the elections to resurrect the Provincial Council system in the Northern Province may be attributable to the fact that discussions are being held between the ruling United People’s Freedom Alliance and the Tamil National Alliance which is the predominant political party representing the Tamils of the Northern Province at the recently concluded Parliamentary Elections in 2010.

While various views and reservations have been expressed about the full implementation of the Provincial Council System as contained in the 13th Amendment to the Constitution, there are suggestions that some amendments will be made to the present constitutional position to ensure its acceptability to a majority of people in the country.

There is also a suggestion to set up a Parliamentary Select Committee to consider amendments to the existing system of the Provincial Councils which will be acceptable to all concerned parties. One has to wait and see as to what will happen in the near future.

The countries which have undergone prolonged violent internal conflicts have experienced severe disruption to the enforcement of law and order as well as to the rule of normal law in the countries. In addition the people, properties, cultures, environment and development in those countries have also suffered immensely and it takes a long period of time to recover from these scars and wounds.

Creating mutual trust, harmony and peace amongst the communities and rebuilding communal harmony and national integration through reconciliation take much more effort and time. Sri Lanka is not an exception to these conditions.

The Government of Sri Lanka has taken steps to resettle the internally displaced from their temporary shelters and to rehabilitate and reconstruct their lives, livelihood and properties of those affected by the war. Though there is room for improvement with regard to the speed and nature of resettlement, given the limited resources available and the enormous size of displacement, the progress made is sufficiently reasonable.

The development activities initiated under the ‘Eastern Revival’ and ‘Northern Spring’ programmes do represent the urgency and dedicated focus on fast-tracking the provision of services to those in the affected areas and bringing back normalcy to those areas.

The establishment of a Lessons Learnt and Reconciliation Commission is a welcome measure to provide space and opportunity to people to speak their hearts out and unburden their minds of the bottled-up sufferings. Conducted in proper spirit and manner, it would go a long way in healing the wounds of war and conflict.

Coupled with this, if measures are put in place to provide for solutions to political power sharing issues, and implemented in the correct spirit and mutual trust, it is sure that communal harmony and peace will return to this once resplendent island sooner than later.

Concluded

[Questions and answers ]

Pre-departure training

Question: I decided to go to Kuwait for a Job. I would like to know the Training and Pre-departure/ Orientation programmes conducted by the Sri Lanka Bureau of Foreign Employment.

Mihiri , Maharagama

Answer: The Sri Lanka Bureau of Foreign Employment has introduced many training programmes .

* Training in house keeping and orientation programmes for unskilled female migrant workers to

Non Middle East countries (25 days) - (NME)

Middle East countries (15 days) - (ME)

* Unskilled workers (male & female) to South Korea (18 days) 12 days on Korean Language, law and culture along with banking, health and SLBFE formalities and six days on vocational training pertaining to industry or agriculture depending on the selected job.

* One day awareness programme for unskilled female workers with experience in working abroad but do not possess documents to prove it.

* Basic residential literacy course (18 days) for those who lack basic writing skills in Sinhala/Tamil

* Industrial sewing training programme for males and females (40 days)

If you want to know further details, you can contact

Sri Lanka Bureau of Foreign Employment

94 112 864101 - 105 112880500 “Sahanapiyasa” Unit -112 259953

SLBFE services to migrant workers

Question: Please let me know what kind of services provided by the Sri Lanka Bureau of Foreign Employment (SLBFE) to migrant workers in Sri Lanka.

Chamara, Mawila

Answer: The Sri Lanka Bureau of Foreign Employment (SLBFE) is committed to providing migrant workers with the necessary job security as well as taking care of their family’s welfare through a variety of ways.

1. “Sahana Insurance Scheme”

All applications for compensation should be submitted directly to the Welfare Division of the SLBFE or through a Regional Centre.

These applications should be checked for registration along with the following documents.

Passport, Air Ticket, Medical Bills and Reports (for medical claims), Bank Account Book, Special Medical Reports (If disabled), Letter of Appeal

You must also remember that: Application forms are issued only by the Welfare Division of the SLBFE

Only the application forms issued by the Welfare Division after checking of registration, could be used

You must submit copies of documents as required for death claims

2. Special scholarships are awarded to your children annually

Description Amount

Those who qualify
for the year 5
scholarship Rs.15,000.00

Those who qualify for the
G.C.E. Advanced Level
Examination Rs.20,000.00

Those who qualify for
higher studies
in Universities and the
State Technical College Rs.30,000.00

3. School equipment is distributed among the children of migrant workers in three selected districts annually.

4. Interest subsidized housing loans of up to Rs. 300,000/= in collaboration with the People’s Bank, Bank of Ceylon and the National Savings Bank.

5. Self-employment loan in collaboration with the Bank of Ceylon.

6. Basic amenity loan in collaboration with the Bank of Ceylon.

7. Pre-departure loan in collaboration with the People’s Bank, Bank of Ceylon and the National Savings Bank.

8. Scholarships to children of Migrant Workers

These scholarships are provided to those who have passed the Grade 5 Scholarship Examination, the GCE Ordinary Level Examination and those who have passed the GCE Advanced Level Examination and are currently following higher studies. For their children to be eligible for these scholarships, it is a must for the parents to be registered with the SLBFE prior to their departure overseas.

9.Providing of stationery and other important educational items

The children of migrant workers will stand to receive important educational items vital for their studies as well as English - Sinhala Dictionaries.

10. Providing Housing loans and loans for self-employment

Through this scheme, housing loans and loans for self-employment are granted at very low interest. More than 70% of the interest on these loans will be borne by the SLBFE.

11.Repatriation of Migrant Workers

This scheme is intended for migrant workers returning back to Sri Lanka and looks after their social welfare and development.

Migrant workers coming back are given the proper guidance and advice on how to spend, save and invest the money that they have earned through their hard work overseas in a manner which is beneficial to themselves as well as the country.

The insurance scheme provided to all migrant workers who register with the SLBFE also falls under this category.

The necessary compensation and related welfare services of the insurance scheme are also provided through this programme.

12. A special unit to provide for the needs of the children of migrant worker parents

This 24-hour service coordinates and provides for the protection and welfare of the children of migrant worker parents and also handles a variety of issues related to them.

13. Providing housing loans for those who fall in to permanent disability during their overseas employment

For Sri Lankan migrant workers who fall in to permanent disability during their registered period of employment overseas a housing loan of around Rs. 400,000 will be provided (for those without a house for themselves)

14.Sesatha Retirement Benefit

For migrant workers who return back, this scheme provides a wonderful opportunity to relax and enjoy their twilight years in retirement. This scheme which helps them to live in retirement without being a burden to anyone is coordinated by the Welfare Division of the SLBFE.

15.Medical treatments for migrant workers returning to Sri Lanka due to illness

Under this scheme, the ill migrant workers can expect free medical treatments at the Sri Jayawardenapura General Hospital while an ambulance is also offered free of charge.

16.Sahana Piyasa Welfare Service Centre

The SLBFE provides a welfare centre located near the Katunayake International Airport to assist migrant workers who fall in to trouble due to various issues and hardships and return back to Sri Lanka. This centre offers a host of services to migrant workers prior to their departure as well.

17.Dispute Settlement Services

If a migrant worker faces any problem / hardships while they are in employment overseas, the SLBFE will take instant steps to adequately settle the issue. If a complaint is received about a particular employer, the SLBFE will liaise with the Embassy / High Commission of that particular country in an efficient manner to sort out the issue.

18.International Relation Services The SLBFE has excellent relationships with the comprehensive network of Embassies / High Commissions in countries where foreign employment is offered to Sri Lankans. This enables the SLBFE to take instant steps to settle any issue that may arise. 19.Social, Insurance Service Facilities

This scheme provides a variety of social and insurance services to the family members of migrant workers. To help the families of these migrant workers, the SLBFE conducts medical clinics, advisory service conferences and discussions throughout the island.

20. Decentralisation of SLBFE tasks Through this initiative, the services provided by the SLBFE are taken from village to village throughout the island. This ensures that migrant workers or their family members do not have to come all the way to Colombo to get their tasks done but could get them attended to at the district sub offices of the SLBFE.

Telecommunications Regulatory Commission

Question: Please let me know the importance of establishing The Telecommunications Regulatory Commission of Sri Lanka.

Disanayaka , Kadawatha

Answer: The Telecommunications Regulatory Commission of Sri Lanka (TRCSL) was established under the Sri Lanka Telecommunication (Amendment) Act No. 27 of 1996 As the national regulatory agency for telecommunications in Sri Lanka.

Responsibilities of TRCSL

Enforcement of the provisions in the Act and conditions in the licences by the licensed operators.

* Foster fair and sustainable competition among the licensed operators.

* Monitoring competition to ascertain whether operators are meeting public interests objectives.

* To ensure seamless interconnection between networks and services.

* Establishing a general framework of open entry, non-burdensome and transparent licensing

Pricing

* Ensure that telecommunication services are reasonably priced, taking in to consideration affordability etc.

Consumer Protection

* To have consumer safeguards in place, and to encourage citizen participation and open dialogue by conducting inquiries in to complaints made by consumers and members of the public.

Social Regulation

* Universal Access/Services

* We will ensure provision of universal access/services to the rural communities, elderly and people who are differently abled.

* Emergency preparedness

* To make telecommunication services available for people with disabilities.

Regulation of bottleneck facilities and scarce resources

* Spectrum Management
* Numbering
* Rights of Way
* Space segment

High quality telecommunication services.

* To ensure that telecommunication services are of a high quality which are just, reasonable and affordable and which will satisfy the needs of the consumers.

Promote Good Governance.

* We ensure a transparent decision making process, encouraging public participation and giving timely decisions by following principles of natural justice.

If you need further detail you can contact;

Telecommunications Regulatory Commission, No. 276, Elvitigala Mawatha, Colombo 08 [email protected] Short Code 1900 +94 112 689345 http://www.trc.gov.lk

Access to Mediation Board

Question: How do you access the Mediation Board?

Botheju, Colombo

Answer: There are several ways of going to a Mediation Board.

You can make an application to the Mediation Board yourself. The application can be prepared by yourself. It must state what your problem very briefly; give your name and address; give the name and address of the other party to the dispute. The Board will then call all of you for a discussion.

The Police may refer you to Mediation. This happens when you go to the Police and they feel that it is a matter which should be resolved by Mediation or where, according to the Law it has to be referred to Mediation. The Court may refer your case to the Mediation Board if both parties agree to have it so referred. This is permitted under the Law.

Registration of a voluntary organization

Question: What are the documents required for submission to register a Voluntary Organization registered in another country? I await your kind reply.

Madara, Polonnaruwa

Answer: The following documents are required:-

01. Completed Application Form.

02. Constitution of the NGO in Sri Lanka (if the NGO has

Constitution of the mother NGO, a statement should be submitted).

03. Registration Certificate of the foreign NGO in their country.

04. Authorization letter from Mother NGO.

05. Funding guarantee letter from donors.

06. Project proposals/details which are going to implement in Sri Lanka.

07. Names and addresses of donor agencies, if any.

08. Bio-data and Passport copies of foreigners.

09. Details of the staff (local) (name/address/NIC Number)

10. Annual Report of Mother NGO (Progress report)

11. Letter from the Embassy which is relevant to the NGO.

The Application Form for registration can be obtained from the NGO Secretariat or downloaded from the Website: http://www.ngosecretariat.gov.lk

For further details you may contact the Ministry of Social Services and Social Welfare, 5th Floor, Sethsiripaya, Battaramulla.

Copy of marriage certificate

Question: I got married at the Sri Lankan Embassy in Italy. In our Marriage Certificate, my husband’s name has been mentioned incorrectly. I don’t have my Original Marriage Certificate. How can I get it corrected? Please advice me?

Basuni, Kandy.

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 if 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.