Features | Online edition of Daily News

There are many evil consequences of the prolonged civil war that prevailed in the country. Lives lost, families torn apart, buildings and assets damaged, livelihoods taken away, living spaces tampered with mines, forests and the environment destroyed and society collapsed in to chaos and unlawfulness.

The country has been under Emergency regulations for almost three decades until it was recently lifted. Normal civil legal framework law and order in many parts of this country was broken down. Multiple parties took advantage of this chaotic structure and civilians irrespective of ethnicity were put in to hardship and insecurity.

The war which was waged in our country for almost three decades came to an end in May 2009. It is not an easy task to rebuild and bring back normalcy to the lives of people who have suffered and endured the horrors of war. It takes decades and some time generations for the scars left behind by war to disappear.

But if any progress is to be made efforts need to be taken both by the Government and other parties in promoting good will, harmony, mutual co-existence and peace amongst the communities.

Norwegian Refugee Council Country Director Egle Kevenmo and (Right) UNDP A2J Project Analysis Manager Ross Clerk
addressing the colloquium of Northern Province Local Government representatives and officers organized by the Legal
Aid Commission in collaboration with the UNDP and NRC, held on October 10. Pictures by W. Chandradasa

The Legal Aid Commission (LAC) the only institution in Sri Lanka mandated to provide free legal assistance to underprivileged and vulnerable persons is one of the few organizations which was permitted to perform its functions in the Northern Province even when the war was on going. The LAC is faced with a heavy responsibility of building back a strong legal frame work within which a normal civil society could function.

The LAC has started to take initial efforts backed by the funding of NRC and the Equal Access to Justice Project of the UNDP in the war effected areas. This year the LAC set up two new centres one in Point Pedro and the other in Chavakachcheri adding up to a total of seven LAC centers in the Northern Province.

Further for the last two years it has been assisting people to obtain important documentations such as birth, death, marriage and educational certificates which people have lost due to destruction or displacement.

Problems such as underage marriages, marriages without registration, war widows, teenage pregnancies, domestic violence, and abuse of children are on the rise. Thus, the LAC also fills the need to make people aware of their rights, the remedies they can obtain when these rights are violated and the ways in which they could find solutions to legal problems arising on a daily basis within their communities by holding awareness programs for various segments of society. Topics such as land issues, women’s, children’s and elders’ rights, dispute settlement and marital issues are covered during these programs Further it has been providing free legal assistance to affected parties irrespective of their income levels in these areas.

The LAC also works closely with Government departments such as the Police and Grama Niladari’s to sort out existing and arising issues amongst the people. For ex: People who have lost concerned parties (spouse, children etc) in the war or who have sustained injuries could only obtain compensation if the Grama Niladaris have certified that they have not involved themselves in activities against the State or the State Forces.

Land issues such as land boundary disputes, land ownership conflicts are constantly on the rise with displaced persons returning to their home after very long periods, sometimes as long as twenty years. Is it legal to evict the people who have resided during this period in those properties? Is it just to apply the Law of Prescription against the people who left their homes due to circumstances which were beyond their control?

Such problems can only be answered in total through a properly designed legislation like the Tsunami Act (Special Provisions) No 16 of 2005. This Legislation should be designed to facilitate speedy solutions to these complex problems as well as ensure there are safeguards which would prevent it being abused by other parties.

Election for the Local Government bodies of the Northern Province was held after almost three decades this year. Since they had very little experience in the administration of their bodies there was a need to educate them on the local Government laws, Humanitarian laws and laws relating to vulnerable parties such as women and children. Almost 80 participants from the Urban Councils, Pradesa Sabhas and Municipal Councils, District and Divisional and District Secretariats took part. At the end of the Colloquium a resolution was passed to request the Government to pass a Special Legislation for the Legal Recovery of the Northern Province.

The LAC is hoping to push this resolution forward to formulate and pass a new legislation in order to bring a permanent solution to the people affected by the Civil war.

Reference: ‘The Post-Conflict Legal Recovery: Sri Lankan Experience’ by N Selvakkumaran, Dean, Faculty of Law, University of Colombo.

[QUESTIONS AND ANSWERS]

New driving licence

* First method-Online method at the Head Office at Werahera and at the District Office at Kurunegala.
* Second method-Offline method at other district offices.

Common requirements

1. Applicant should be present in person.
2. Should bring the national identity card or the valid passport with the national identity card number.
3. In obtaining the service from offices where online method is available producing photographs is not required and the relevant photographs are taken during the computer process. For offices where offline method is used two passport size black and white photographs with white background are required.
4. In obtaining a driving licence for the first time, original of the birth certificate should be produced.

Obtaining a new driving licence for light vehicles

1. It is possible to register and sit for the written test if 17 years of age has been completed.
2. In the event of passing the written test, a learners’ permit is issued up to a maximum of 18 months.
3. Holder of such permit can practice driving.
4. One should complete 18 years of age to face the practical test and a minimum of 3 months should have passed after obtaining the learners’ permit.
5. It is compulsory to face the practical test and pass it. 6. Aptitude medical certificate of M.T.A. 31A form obtained within a period not exceeding 6 months from a doctor registered with the Medical Council of Sri Lanka.

Driving licence for heavy vehicles.

Question: I have an old Driving Licence for Heavy Vehicles. Please let me know how I can extend the driving licence for heavy vehicles?

Answer: The procedure of the extension of the driving licence for heavy vehicles is as follows:

1. He/She should be a holder of a licence for light vehicles (only B and B1 vehicle classes) for a minimum of 2 years prior to the date of application.
2. To obtain a licence for light motor bus and motor lorry category the minimum height should be 4 feet 10 inches. A minimum height of 5 feet is required to obtain a licence for motor bus and motor lorry category.
3. It is possible to register and face the written test on completion of 20 years of age.
4. In the event of passing the written test, a learners’ permit is issued for maximum period up to 18 months.
5. Holder of such permit can practice driving.
6. 21 years of age has to be completed to face the practical test and a minimum of 3 months should have passed since obtaining the learners’ permit.
7. It is compulsory for the applicant to face the practical test and pass it.
8. Aptitude Medical Certificate obtained from the National Transport Medical Institution within a period not exceeding 6 months.

Extension of validity of driving licence

Question: Please let me know the documents that are needed to extend the validity of the Driving Licence.?

Answer: The following documents are needed to extend the validity of the Driving Licence:

1. Current driving licence.
2. National Identity Card or the valid passport with the National Identity Card number.
3. For light vehicles - Medical fitness certificate obtained from a Medical Officer registered with the Sri Lanka Medical Council on a M.T.A. 31 form, within a period of six months.
4. For heavy vehicles - Medical Fitness certificate obtained from the Sri Lanka National Transport Institute within a period of six months.

Registration of Ownership Transfer

Question: Please let me know the documents required to be submitted for the revision of information contained in the registration certificate of Motor Vehicle?

1. CMT 72 application
2. Registration certificate of the vehicle
3. Vehicle Identity Card (applicable only for vehicles with new number starting with English letters.)
4. In case of a change of the colour of the vehicle, engine number etc. certificate of the Motor Vehicle examiner (CMT - 130)
5. If luxury taxes are applicable, originals of the receipts on payment of such taxes and photo copies of the same.
6. If another engine has been installed, the prior approval of the Commissioner General and the receipt for the purchase of the engine (with photo copies)
7. In case of revision of the name and the address, relevant documents confirming the fact should be submitted.(E.g. Birth certificate, National Identity Card, Report of the Grama Niladhari, an affidavit, etc.)

Registration of a mortgage/an absolute ownership/a lease.

1. Registration certificate of the vehicle (CR)
2. Vehicle Identity Card (V1C)
3. Letter of consent from the owner of the vehicle for mortgaging the vehicle to the relevant institution or to transfer absolute ownership.
4. In case of registration of a mortgage, a certified copy of the mortgage deed, and letter written on a letterhead of the relevant financial institution informing of the registration of the mortgage.
5. For registration of absolute ownership, perfected MTA 3 form.
6. For registration of a lease, a copy of the deed of lease held and a letter by the lessor.

Cancelling the registration of a mortgage/an absolute ownership/a lease of a vehicle.

1. Registration certificate of the vehicle (CR)
2. Vehicle Identity Card (VIC)
3. A certified photo copy of the applicant’s National Identity Card. A letter written on a letterhead of the Financial Institution addressing the Commissioner of Motor Traffic requesting the cancellation of mortgage/absolute ownership/lease as well obligations have been settled. (Stating the number of the relevant vehicles is compulsory)

Obtaining duplicate certificate and vehicle identity card

Question: I have a car. The vehicle identity card and the registration certificate of my car is misplaced. Can I apply for a duplicate vehicle identity card and the registration certificate of the vehicle?

Answer: Yes , You can obtain a duplicate of the registration certificate of the vehicle and the vehicle identity card.

1. CMT 65 application.
2. A certified copy of the complaint lodged with the Police with respect to the loss of that certificate and the receipt of payment for that.
3. In case a mortgage / an absolute ownership / a lease has been registered, a letter issued by the relevant institution stating that it does not object to the issue of a duplicate.
4. If the original of the registration certificate or the vehicle identity card is disfigured or partially destroyed, the same should be submitted as well.
5. A photocopy of the national identity card.
6. A CMT 130 application to obtain weight certificate of a vehicle.

Procedure

The abovementioned documents should be submitted to the Technical Branch and thereafter prior approval for the conversion should be obtained from the Commissioner General of Motor Traffic. Producing the approval documents and the vehicle to the Werahera office and obtaining weight certificate and fuel conversion of vehicle can be performed after handing over the documents to the relevant branch.

Duplicate of vehicle number plate or vehicle sticker

Question: Please let me know the documents that are needed to obtain a duplicate of the number plate of a vehicle or a duplicate of the sticker of a vehicle bearing a number starting with English letters.

1. CMT 65 application form.
2. A certified copy of the complaint lodged with the police on the loss of the number plate / sticker and the receipt of payment in that respect.
3. If a mortgage / an absolute ownership / a lease has been registered, a letter issued from the relevant institution intimating that it does not object to the issue of a duplicate of the number plate / sticker.
4. If the original of the number plate / sticker is disfigured or partially destroyed, the same should be submitted as well.
5. A photo copy of the national identity card.

Cancellation of vehicle registration

Question: Please let me know the procedure of the cancellation of the registration of a vehicle.

Answer: In case a registered motor vehicle is removed from Sri Lanka, or destroyed or has been dismantled or rendered unusable permanently, the registered owner should inform the Commissioner General of Motor Traffic within 14 days, for the cancellation of its registration. It is appropriate to refer such requests directly to this department. A request for cancellation should be made through MTA 67 and request for removal from the country should be made through MTA 140.

In case a motor vehicle removed from the country is brought back to the country and registration needs to be reactivated, the registration certification issued on the removal of the vehicle, the documents relevant to the cancellation of registration in a foreign country if such has been the case, should be submitted along with the customs documents.

Legal Aid Commission

Post-conflict legal recovery