Features | Online edition of Daily News

Last week, the Legal Aid Commission opened two Legal aid Centres in Point Pedro and Chavakachcheri bringing the total number of Court-Based legal Aid Centres to 67. The Mission of the Legal Aid Commission as stated in the Legal Aid Act No.27 of 1978 is to provide Legal Aid to all the “Deserving Persons” in the Country.

The island has over 120 functioning Court complexes where deserving persons go to seek justice, but the LAC with over 108 full time lawyers and over 1,000 panel lawyers from the regional Bar Association is the main institution dealing with access to equitable justice in Sri Lanka.

The Legal Aid Commission is an independent Statutory body created by Legal Aid Act and all the Commissioners are rendering an honorary service, a rare statutory body in Sri Lanka, the Commission’s Head office and Provincial legal aid Officers and Panel lawyers are the only functioning institutions in the Country where any citizen can receive free legal aid.

Over 110 full time lawyers are providing access to Justice in 67 Centres, advice and provide legal representation in Courts and diverse tribunals relating to agriculture, labour or education and other.

While the Members of the Commission are rendering a honorary service, the Legal Aid Lawyers are paid a Monthly Salary which is a paltry amount when compared to other lawyers both in the government or the private sector. Even though, LAC Lawyers are rendering the most important role of providing equitable access to Justice in Sri Lanka, they are deprived of the ordinary privileges that are provided to other public or private sector employees such as a pension, vehicle permit or transport allowance in keeping with the dignity of the profession and the valuable service they have been rendering to the Sri Lankan poor.

This anomaly need to be corrected. As at present, the Legal Aid service in the Northern and Eastern Provinces are funded by time bound donors and they have given notice that they will be Completing their assistance and withdrawing from the Country. The State responsibility to ensure equitable Justice in the war affected are should be strengthened in the coming years.

The Professional and humanitarian service of the Legal Aid Lawyers should be recognized by both the Judiciary and the State. The Provincial Judiciary has often acknowledged the essential service of the Legal Aid Lawyers in the day to day administration of Justice. Opening new Court houses to facilitate the poor justice seekers who should always be accompanied by the establishments of Legal Aid Centres to help the Justice seekers who lack sufficient income to retain private lawyers.

The Judiciary with few exceptions have recognized the important role the LAC Lawyers play in the administration of Justice. LAC should be strengthened from time to time by the absorption lawyers with Legal Aid experience as most of them possess extensive experience in helping the poor in litigation and Legal Awareness programs.

If the State is slow in recognizing the invaluable service of the Legal Aid Lawyers by granting ordinary statutory rights to the IPSOFACTO granted to other government or Corporation lawyers, at least the Judiciary should from time to time absorb one or two Legal Aid Practitioners with adequate Qualifications and experience to its fold to ensure the recognition of the services of Legal Aid practitioners.

Colloquium on Legal Empowerment in Northern Province

The importance of Legal recovery amongst others in a post war period cannot be over emphasized. War breaksdown normal civil law functioning in a society. In fact our country was under emergency law for almost three decades until it was recently lifted.

The recently held Northern Province local elections meant that the Northern Province was to be brought in to a democratic framework after almost two decades. Hence, an extensive amount of training for the representatives in both administrative and legal field would become necessary if they were to exercise their powers and play their roles in the recovery of this war affected society effectively.

German Ambassador Jens Plother addressing the inauguration of the Northern Province Colloquium for Local Government representatives and officials which was held on October 10, 11 and 12,2011 at the Sri Lanka Foundation Institution, supported by A2J Project of the UNDP and the Norwegian Refugee Council. Picture by: W. Chandradasa

The Colloquium was held by the Legal Aid Commission (LAC) with the hope of initiating the process of filling this need of the Society and its leaders. The donors for this project were the Access to Justice Project of the UNDP and the Norwegian Refugee Council (NRC) who have had a long standing relationship with the LAC and have funded numerous legal projects in the past. S. Suntharalingam AAL, Consultant for the LAC headed the Steering Committee which was responsible for putting this event together.

Representatives of the Municipal Councils, Urban Councils, Pradeshiya Sabhas, District Secretariats and Divisional Secretariats were invited to participate totalling to an approximate of 80 participants.

As the purpose and aim of this programme was to equip the Representatives of the North with the knowledge of laws which would be useful to them in their day-to-day work, areas of law including Laws relating to local Government bodies, Thesawalamai, Humanitarian laws, laws on language rights and the rights of elders’ and Children were covered during a period of three days. These lectures were conducted by eminent persons who were well experienced in their relevant subjects, retired and senior judges of the Superior Courts and Senior University Lecturers.

The opening ceremony was graced by the Chief Guest, the Germany Ambassador Jens Ploetner, NRC Country Director Eigil Kvernmo, Project Analyst of the Equal Access to Justice Project of the UNDP Ross Clarke, Chairman of the Legal Aid Commission S.S Wijeratne, Director General of the LAC Justice Hector Yapa and Consultant to the Northern Province Legal Aid Project Justice Nissanka Udalagama.

During the programme many questions relating to issues and problems faced by the participants in performing their duties as elected representatives were raised and discussed.

These included problems relating to land disputes, land acquisition by the State, the new land circular issued by the government, garbage disposal, fundamental rights of detainees and unlawful and arbitrary arrest and torture.

At the conclusion of the Colloquium, a resolution was passed to draft special Legislation for the Northern Province, one similar to the Tsunami (Special Provisions) Act No 16 of 2005 by the LAC in coordination with the relevant ministries and to pass it as a law.

[ Questions and Answers]

Sri Lankan Visa

Question: What are the general eligibility requirements applicable for a Sri Lankan Visa?

Answer: The Sri Lanka Immigration and Emigration Department may grant or issue a visa to you if -

I. Sri Lanka Immigration and Emigration is satisfied that you are suitable to enter Sri Lanka.

II. Sri Lanka Immigration and Emigration approves the purpose for which you are entering Sri Lanka.

III. You hold a passport valid for a minimum period of six months from the date you arrive in Sri Lanka.

IV. Sri Lanka Immigration and Emigration is satisfied that you have adequate funds for your maintenance whilst in Sri Lanka and for the payment of your return passage to the country which issued your passport.

V. You are in possession of a written assurance (ticket) to return to the country of domicile or a visa to the next country of destination if you are a visit visa holder.

Consular Affairs Division

Question: Please let me know what kind of services will be provided by the Consuler Division of Ministry of External Services?

Answer: The Consular Affairs Division of the Ministry of External Affairs is vested with the responsibility for the implementation of the Consular Functions Act No. 4 of 1981 that ensures the protection of citizens abroad through respective Sri Lankan Missions. Further the Consular Affairs Division also provide facilitates in attestation of documents, registration of foreign births, deaths and marriages,repatriation of stranded Sri Lankans,deaths and compensation.

Authentication of documents

The authentication of documents is one of the main functions of this Division. It authenticates birth/ marriage/ death certificates, along with educational and other certificates to be forwarded to foreign countries.

Registration of births,marriages, deaths

Sri Lankans either resident or working abroad can register births, marriages and deaths occurring outside Sri Lanka with the Consular Affairs Division.

The Division coordinates with the Ministry of Defence, the Department of Immigration and Emigration and the Registrar General in registering births,marriage and deaths.

Repatriation of Sri Lankans stranded overseas

A large number of Sri Lankans are stranded abroad, particularly in the Middle East and South East and Far East Asia. Those stranded are mainly job seekers sent by unscrupulous employment agencies.

The Consular Affairs Division assists them and make arrangements for their early repatriation through the respective Sri Lankan missions abroad.

Complaints related to Sri Lankan expatriates

Sri Lankans abroad, undergoing various difficulties such as non-payment and under payment of salaries, harassment, ill treatment and denial of basic facilities are assisted by the Division.

The Consular Affairs Division intervenes to solve these problems with the assistance of the Sri Lankan Missions, Sri Lanka Bureau of Foreign Employment (SLBFE) and the Ministry of Labour.

Most of the above complaints are received from the Middle East region. Complaints received from relations of expatriates are referred to our Missions abroad for suitable action.

Compensation

The Division also assists in organizing the payment of compensation; “blood money”, and social insurance due to be paid by the employers to Sri Lankan workers abroad for loss of employment, death, and partial or complete liability. Such payments are usually made to the legal heirs through the Public Trustee.

Repatriation of human remains

The Division makes necessary arrangements with the assistance of the Sri Lankan Missions abroad to repatriate the human remains of Sri Lankans to Sri Lanka or bury/cremate the human remains abroad in accordance with the wishes of the next of kin.

When Sri Lankan fishing vessels drift/poach in the territorial waters of other countries and are detained by the naval or coastal authorities of the respective countries, the Consular Affairs Division intervenes through the relevant Sri Lanka Missions, in order to secure the release of the vessels and the crew. The Division also closely liaises with the Ministry of Fisheries.

The Consular Affairs Division is one of the parties to the Working Group that is set up for the implementation of concrete measures to introduce a rational employment contract system in order to streamline the recruitment procedure of Sri Lankan migrant workers to the Middle East and South East and Far East Asia.

Address: No. 14, 3rd Floor, Sir Baron Jayatillaka Mawatha, Colombo 1.
Telephone: 0094 11 4718972 / 4719593
Fax: 0094 11 2473899
Email: [email protected]

Authentication and Verification section: 0094 (0) 11 2385571
Compensation section: 0094 (0)11 5744082
Repatriation section: 0094 (0)11 5839414
Education section: 0094 (0)11 5663909
Death section: 0094 (0)11 2437635

Disabled pension

Question: My 55 year old daughter is deaf and dumb. She is married to a deaf person and there is no income for him or her. They live on my pension. Could you please let me know whether my husband’s pension could be transferred to my daughter after my death. Awaiting for a reply.

Answer: Under the pension minutes and circulars, if you are a government pentioner and if you have a disabled child you can ask for a disabled pension for your child. But you have to fulfill the requirments of the disability pension scheme. Therefore, we like to advice you to meet the Director of Pensions at the Pensions Department Maligawatta, Colombo 10 with the necessary documents (Request letter, Medical Certificate, W&OP number etc.

EPF and penalties

Question: I have a company under my name. I have a staff of 50. I would like to know what sort of penalties are charged for any default payment of EPF?

Answer: The due date for the current month’s contributions is on or before the last working day of the subsequent month. A monthly default list will be prepared by the CBSL indicating the default amount.

Late submission of contributions

The list of defaulters prepared by Central Bank Sri Lanka along with the surcharge progressively increasing from 5% to 50% on the overdue amount will be sent to the Labour Department. The surcharges levied will be informed to the employer by the Labour Department.

Under payments

When the amount paid is less than the calculated contribution a penalty will be added according to the number of days from the underpayment to the full payment.

Legal action on default employers

In the event of Underpayment or Non payment of contributions, the employee reserves the right to make a written complaint to the Commissioner of Labour. On receipt of the complaint and after proper investigation the Employer will be informed and warned to pay the dues. If the Employer doesn’t fully co-operate and pay the contributions after three warnings, the Labour Department will be forced to take Legal Action against the Employer to safeguard the rights of the Employee.

Sri Lankan Citizenship for foreign spouses of Sri Lankan

Question: Can a foreign spouse apply for Sri Lankan Citizenship. What are the documents required to be submitted with the completed application form? Please advice me.

Answer: If you are a foreign spouse OR a widow of a Sri Lankan citizen who has been resident in Sri Lanka for a period of not less than Seven years, you are qualified to apply for Sri Lankan Citizenship.

The Following documents are required to be submitted with the completed application form:

3. Passport of the Applicant with details of resident visa 4. Birth Certificate of the Sri Lankan spouse

* Head Office of the Department of Immigration and Emigration, 2nd floor, Ananda Rajakaruna Mw, Colombo 10

* The applicant must call in personally at the Head Office of the Department of Immigration and Emigration with the duly completed application form and the necessary supporting documents with copies there of.

Bribery and corruption

Question: The Head of My sister’s Institute proposed her to have sexual relationship to make her permanent. But since she refused the proposal the Head does not make her permanent. Kindly advice me as to how my sister could overcome this problem.

Answer: Under the Bribery Act No. 11 of 1954 and its Amendments, taking bribe or giving bribe in any Government Department to any person is an offence. If a person is expecting bribe to do his duty or delaying his duty until he is given bribe, such incidents could be brought to the notice of -

The Bribery Commission treats all information as confidential. If your sister need any further clarification, your sister may contact our Anti-Corruption Legal Aid Centres or Zero Corruption Desk of the LAC.

“Whoever, by assault or use of criminal force, sexually harasses another person, or by the use of words or actions, causes sexual annoyance or harassment to such other person commits the offence of sexual harassment and shall on conviction been punished with imprisonment of either description for a term which may extend to five years or with fine or with both and may also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such person.”

If your sister want to seek relief your sister has to file a case in the Magistrate Court where your sister reside.

Intellectual property

Question: I started a Business. I want to put a name and a design for my business. I heard that I have to register it under the intellectual property law. How can I get the basic information regarding this. Please advice me?

Answer: Please visit the National Intellectual Property office with necessary documents such as your desired name and design. They will help you to register your name of the shop and design. The Address as follows. National Intellectual Property Office of Sri Lanka.

Tel : +94 (011) 2689368
Fax: +94 (011) 2689367
Email - [email protected]
Web -www. nipo.gov.lk

Visit Visa

Question: I like to visit Sri Lanka. I want to know about the general conditions of a Visit Visa?

Answer: You should not engage in any form of employment, paid or unpaid, or in any trade or business other than that specified in the visa during the period of your stay in Sri Lanka.

Validity of your visa is subject to entry into Sri Lanka during the indicated entry period.

Applications for the extension of all visas should be made to the Department of Immigration and Emigration.

Refund of W&OP payment

Question: I am a 70 year old pensioner. During my tenure of service I contributed to the W&OP pension scheme. I am unmarried. I want to know whether I can get the contributions made to the W&OP pension scheme.

Answer: According to the Pension Minutes and Circulars you are entitled to get the W&OP payment.

If you are unmarried at the time of getting the pension then you can obtain the W&OP payment with interest.

Elders problem

Question: I am 70 years old. My children are neglecting me . They are doing well. No one care’s for me . I do not have any place to go. I am really helpless. Please help me.

Answer: Under the Protection of Elders Act No.9 of 2000 you can get protection. Under the said Act you can file a case against the children to get maintenance from them through the Maintenance Board. The Maintenance Board will inform the children to pay maintenance to the parents. If they are not willing to pay maintenance, the Magistrate Court can enforce the order.

The Legal Aid Commission has set up an Elders Desk which handles cases of this nature. Further under the Domestic violence Act No.34 of 2005 you can seek a protection order against them.

If you need any advice, you can visit our Head Office situated at No.129, Hulftsdorp Street, High Court Complex, Colombo 12.

Unrecognized service of Legal Aid lawyers