Legal Aid Commission

Page compiled by Kalani Medagoda AAL,LLM and Maas Rizna Nabeela

Enacting empty legislation

Parliament remains the major fountain of new laws underlying the democratic nature of the Sri Lankan state. However, like in any enlightened democracy , the public participation and discussion of intended legislation is limited or non existent. The Constitution provide an expensive and time constrained system of challenging bills for unconstitutionality but technical intricacies of the process has prevented genuine debate of intended legislation at the national level.

Absence of public debate on pending legislation has retarded the development of healthy democratic traditions. The public ignorance of the nature and effect of new legislation at the national level is compounded by the law making at the provincial council level. The cutting edge argument for decentralization of administration under 13th amendment was to enable the provincial participation in law making. This participatory democratic objective has not been achieved during the last decade as the blatant effect of decentralization has appeared only to be a system of distribution of political perks and not nursing the democracy at grass root level. Constitutional pundits should reevaluate whether the provincial councils had reduced the democratic deficit in our system of governance.

Un implemented Legislation In theory,Parliament enacts legislation on behalf of the people to benefit the general population. The law reform is a democratic function of parliament. The time and energy of elected representatives should not be wasted in enacting legislation that are never intended to be implemented. The 13th Amendment to the constitution is the most glaring example. The Sri Lankan law makers are still debating when to implement the constitutional Process for the last few decades to response to the national Question. Consequently, the credibility of Sri Lankan Legislative process have suffered in the eyes of the international community of nations.

I C C P R Act No. 56 of 2007. Another Glaring ‘Legislative Hoax’ appears to be the enactment of the international Covenant on Civil and Political Rights Act No. 56 of 2007. Sri Lanka has ratified all the international Human Rights Conventions and incorporated their basic provisions in our 1978 constitutions which has been supplemented by Supreme Court judgments.

However, the critics of the Sri Lankan Human rights legislation specially during the armed conflict take the view that Sri Lanka has failed to fully comply with international instruments specially provision in ICCPR . Act No. 56 of 2007 was the Sri Lankan response to international criticism. Hurriedly drafted unstructured legislation was rushed through parliament to appease the critics specially of the European Union .It has become evident now that the authorities never intended to implement the legislation as no steps have been taken in that directions for the past four years .

ICCPR Act irrespective of its Merky political origin could still be the basic law to support three areas. Firstly the High Courts have been vested with the power to examine the statutory rights violations not covered by the constitution. This could be done within a reasonable period of three months of such violations. Secondly the Section 4 recognized the rights of the accused to have legal assistance to be provided to him. Except in the case of assigned counsel in the high courts the child relating to registration of births protection of maltreatment and the right to receive legal assistance. The Legal Aid Commission provides legal assistance to children through its 68 centres but the provincial authorities who are responsible to the child protection under the devolved powers should need to develop a national program for child protection.

S.S.Wijeratne

[Questions and Answers]

General information on passports

Question: Please let me know the general information about a passport?

Munya, Sent by email

Answer: You can obtain a Sri Lankan passport if you are – A Sri Lankan Citizen by descent or by registration. If you need your passport for urgent travelling you can apply for one-day service. This service is only available at the Immigration Emigration Department Head office..Currently issuing N series passports are valid for10 years unless otherwise specified. Emergency certificates are valid two years,but, can be extended for a further two years . Immigration and Emigration Department Head office accepts - Normal Processing Applications - from 8.30 a.m. to 2.30 p.m. Urgent Basis Applications - from 8.00 a.m. to 1.30 p.m. On week days only.

The office closes on weekends and Public Holidays. You can submit all passport applications to the Passport Division (Level 01) of the Department of Immigration & Emigration located at No. 41, Ananda Rajakaruna Mawatha, Colombo 10

The types of passports are,

A Passport valid for all countries , Ordinary Passport,Diplomatic passport and Official passport, A passport valid for Specified Countries in the South Asian and Midle East Countries,Emergency Certificates for Buddhist Pilgrims travel India and Nepal,

ICOM and NMRP for urgent one way travel document issued by Sri Lankan Overseas Missions

Residence Visa in Sri Lanka under the Employment Category

Question: I came from France to Sri Lanka and have been working there for the last three years . I wish to apply for a Residence Visa in Sri Lanka under the Employment Category. Please guide me ?

George, Colombo

Answer: A Residence Visa is a permit for a non-Sri Lankan to obtain residence facilities for special purposes. It is issued to persons of non - Sri Lankan nationality to whom it has been decided to extend residence facilities for the purpose of investment or otherwise, in circumstances where the prescribed authority is satisfied that their stay in Sri Lanka and the pursuit of their vocations are not prejudicial to the best interests of the population.

Important:

To obtain a Residence Visa, it is necessary to arrive in Sri Lanka on an Entry Visa issued by a Sri Lankan Mission abroad with the concurrence of the Controller General of Immigration and Emigration. The fact that you wish to apply for Sri Lankan Residence Visa has to be mentioned when obtaining the entry visa and necessary supporting documents has to be submitted.Visit Visas can't be considered for conversion into Residence.

Employment Category:

A. Project professional personnel whose services are required for projects approved by the state and expatriate personnel employed in projects under the Board of Investment (BOI) of Sri Lanka You can obtain a Residence visa application form- Head office of the Department of Immigration and Emigration, Colombo Head Office

Downloading http://www.immigration.gov.lk

You can submit your visa application to the Department of Immigration and Emigration, Colombo.

The documents that you need to submit with Your Residence visa application :

BOI

BOI certificate

Request Letter from the representing Company

BOI Agreement

Company Registration certificate

Recomondation from the respective

Ministry

A copy of the Bio Data Page of Your

passport

Project

Project Office Request

Recommendation of Line Ministry OR Recommendation of Dept. of External Resources

Agreement of Project A copy of the Bio Data Page of Your passport our residence visa is valid for one year or Period recomended by the respective authority. It can be renewed annually. Two years valid Residence Visa is Issued for Directors of the Company

Copy of deed

Question: Is it possible to obtain an original copy of a title deed of any land situated in Sri Lanka .

Answer: Yes. Please visit the Land Registry relevant to the place of your land situated and submit an application together with the fee required to obtain your title deed.

- Concerned

District Address

Anuradhapura : Anuradhapura Land Registry, Anuradhapura

Badulla: Badulla Land Registry, Badulla

Batticaloa : Eastern Zonal Office, Batticaloa

Batticaloa :Land Registry, Batticaloa

Colombo: Registrar General’s Department - Head OfficeNo. 234/A3, Denzil Kobbekaduwa Mawatha, Battaramulla, Western Zonal Office, High Level Plaza, Delkanda, Nugegoda, Colombo Land Registry, Colombo 7, Delkanda Land Registry, High Level Plaza, Delkanda, Nugegoda

Galle: Southern Zonal Office, No.10, Church Rd., China Harbour, Galle

Galle Land Registry, Galle

Gampaha: Gampaha Land Registry, Gampaha

Hambantota: Hambantota Land Registry, Hambantota

Jaffna: Northern Zonal Office, Jaffna

Jaffna Land Registry, Jaffna

Kalutara: Kalutara Land Registry, Kalutara

Kandy: Central Zonal Office, National Housing Scheme, Yatinuwara Street, Kandy

Kandy Land Registry, Kandy

Kegalle: Kegalle Land Registry, Kegalle

Kurunegala: North West & North Central Zonal Office, Wathhimi Rd., Kurunegala

Kurunegala Land Registry, Dambulla Rd., Kurunegala

Matale: Matale Land Registry, Matale

Matara: Matara Land Registry, Matara

Nuwara Eliya: Nuwara Eliya Land Registry, Nuwara Eliya

Polonnaruwa : Polonnaruwa Land Registry, Polonnaruwa

Puttalam: Puttalam Land Registry, Puttalam

Ratnapura: Uva Sabaragamuwa Zonal Office, New town, Ratnapura

Ratnapura Land Registry, Ratnapura

Vavuniya: Vavuniya Land Registry, Vavuniya

Marriage

Question: I am a Sri Lankan and my husband is Italian . We married in Italy . How do I register our marriage in Sri Lanka?

Eva, Italy

Answer: If your marriage has been registered at the Embassy of Sri Lanka in Itally,it is similar to your marriage being registered in Sri Lanka. The embassy in your country will send a copy of your marriage certificate to Sri Lanka to be stored in the Central Record Room.

Send an application to the Central Record Room in Colombo to obtain certified copies of your marriage certificate.

Translations

Question: Is it possible for my brother who is living abroad to obtain certified translations of his birth and marriage certificates from the Registrar General's Department in Sri Lanka?

Munidasa, Katupota

Answer: Visit any of the following places with the original birth and marriage certificates of your brother. The fee for an English translated certificate is Rs. 100. Please contact the following persons in your respective districts for further details.

Colombo:

Registrar General’s DepartmentHead Office Battaramulla

Sinhala/English

Mrs. U.P.A.R.D.D. Karunanayaka

Sinhala/English

Ms. A.A.C. Wasantha

Sinhala/English

Mrs. D.N. Wanigasinghe

Sinhala/English

Mrs. I.G.T. Gunathilaka

Sinhala/English

Mrs. S.A.G. Jayasinghe

Sinhala/English

Mrs. J.A.S.K. Karunarathna

Sinhala/English

Mrs. M.I.S. Perera

Sinhala/English

Mr. D. Arpudharaja

Tamil/English

Mrs. T. Thavendra

Sinhala/English

Mrs W.S. Indika

Sinhala/English

Mrs. M.B. Yashodha Perera

Sinhala/English

Mrs. H.W. Nisanka Purnahasee

Sinhala/English

Mrs. Thiwanka T. Suriyakula

Central Record Room - Colombo10

Sinhala/English

Ms. S. Hapangama

Land Registry - Colombo

Sinhala/English

Ms. J.C. Lokuhapuarachchi

Tamil/English

Mr. V. Srikantharasa

Land Registry - Delkanda

Sinhala/English

Mrs. D.P. Vithanachchi

Land Registry - Awissawella

Sinhala/English

Ms. A.K. Wijewardhana

Sinhala/English

Ms. D.S. Galhena

Divisional Secretariat – Thimbirigasyaya

Sinhala/English

Ms. S.M.D.N.T. Siriwardana

Sinhala/English

Ms. R.M.S.L. Thilakarathna

Sinhala/English

Ms. K.K.R. Nalika

Gampaha:

Land Registry - Gampaha

Sinhala/English

Ms. N.G.L.N. Nelum Kumari

Kalutara:

Land Registry - Horana

Sinhala/English

Mrs. G.A.S.S.P. Wijesekara

Land Registry - Mathugama

Sinhala/English

Mrs. M.G.M. Sewwandi

Sinhala/English

Mrs. U.K.D.K. Deepika

Rathnapura:

Divisional Secretariat – Elapatha

Sinhala/English

Mrs. U.G.H.P. Dharmadasa

Matara:

Land Registry - Matara

Sinhala/English

Mr. E.G. Amarasiri

Sinhala/English

Mrs. S.T. Sirimanna

Sinhala/English

Mrs. N.S. Dewasinghe

Hambantota:

Land Registry - Tangalle

Sinhala/English

Mrs. P.Manimendra

Galle:

Land Registry - Galle

Sinhala/English

Ms. A.D. Weerasuriya

Polonnaruwa:

Land Registry - Polonnaruwa

Sinhala/English

Ms. H.A.S. Weerasekara

Anuradhapura:

Land Registry - Anuradhapura

Sinhala/English

Mr. N. Warnakulasuriya

Divisional Secretariat - Kekirawa

Sinhala/English

Ms. J.A.D.C.D. Jayakodi

Divisional Secretariat - Nochchiyagama

Sinhala/English

Mrs. U.R.K.B. Susilawathi

Divisional Secretariat - Rajanganaya

Sinhala/English

Mr. J.H.D.D. Jayathilaka

Kandy:

Land Registry - Kandy

Sinhala/English

Ms. W.M.S.K. Gohagoda

Divisional Secretariat - Udunuwara

Sinhala/English

Mr. I.E. Wickramarathna

Land Registry - Gampola

Sinhala/English

Ms. S.A.W.T. Subasinghe

Matale:

Divisional Secretariat - Raththota

Sinhala/English

Mrs. R.M.P. Rathnayaka

Badulla:

Divisional Secretariat - Passara

Sinhala/English

Mrs. D.D.M.D.V. De Alwis

Kurunegala:

Zonal Office- North-West & North Central

Sinhala/English

Mrs. P.G.M.C. Ranaweera

Trincomalee:

Land Registry - Trincomalee

Sinhala/English

Mr. H.P. Rathnasiri

Divisional Secretariat -

Thambalagamuwa

Sinhala/English

Mrs. J.A.D.U.N. Jayasinghe

Jaffna:

Zonal Office - Jaffna

Tamil/English

Mrs. M. Rasarathnam

Land Registry - Jaffna

Tamil/English

Mr. P. Prabakar

Land Registry – Point Pedro

Tamil/English

Mrs. P. Tharaka

Ampara:

Divisional Secretariat - Kalmunai

Tamil/English

Mrs. M. Shivaneshan

Divisional Secretariat - Saindamarudu

Tamil/English

Mr. S.M. Faiz

Batticaloa:

Land Registry - Batticaloa

Tamil/English

Mr. K. Thiruvarul

Mannar:

Land Registry - Mannar

Tamil/English

Mr. T. Sathishkumar

Vauniya:

Land Registry - Vauniya

Tamil/English

Ms. J. Anandi

Mullaithivu:

Land Registry - Mullaithivu

Tamil/English

Mr. N. Shanmuganathan

Death Certificates

Question: My mother’s Death Certificate has been misplaced. How can I obtain a copy of the same?

Dayani, Kapogoda

Answer: You can obtain a certified copy of the death certificate from the Additional District Registrar at the Divisional Secretariat Office relevant to the place of death occurred. The fee for obtaining certified copies of death certificates are,(i) If the registered number and the date of death is known - 25 Rupees(ii) If you do not know the registered number, but the date of birth is known, for three month search of registry-50Rupees. (iii) If you know only the year of death, for 2 year search of registry – Rs.100

Obtaining Sri Lankan citizenship for my child

Question: I got married without the consent of my parents and went to live with my husband in France after some time . My baby was born in France four months ago. My husband and I are Sri Lankans. I wish to return to Sri Lanka with our baby. Can my baby get Sri Lankan Citizenship?

Kamalshanthani, France

Answer: The answer is ‘No’. If your child was born in a foreign country, he/she is not entitled to Sri Lankan Citizenship.

If your child needs Sri Lankan Citizenship, you have to apply for a Citizenship Certificate through the Department of Immigration & Emigration, Citizenship Unit in Sri Lanka. In this connection you have to inform the Sri Lankan Embassy in France that you are a Sri Lankan and your child was born in France. Then they will issue you with a Citizenship Certificate. The following documents will be required to obtain Sri Lankan Citizenship Certificate:-

Birth Certificate issued by the Sri Lankan Embassy/Consular in France, Applicant’s Birth Certificate (mother/father), Marriage Certificate of parents, Parents’ Passport at the time of birth of the child, declaration of the applicant stating that she has no citizenship of any other country except Sri Lanka.

Charges payable:

If you apply for the Citizenship Certificate within one year from the date of birth of your child, the fee payable is Rs.1, 000. For delay of every one year the will be Rs.5000. Citizenship Certificate could be applied for children below the age of 21. We would therefore advice you to apply for your child’s Citizenship Certificate within one year from the date of birth of your child.

Legal rights of blind person in a testamentary case

Question: I am a blind woman who is married to a blind man. We bought a land and built a house with our own money. Thereafter, his parents came to live with us. My husband met with an accident and died on the spot one month ago. After his death, I am facing a lot of difficulties and problems. My mother- in- law is forcing me to show the deed and she says that I have no right to be in the house. I am in a very helpless situation. There is a person who is interested in marrying me. He too is blind. In case I marry him,will I lose my legal rights? Please advice me.

Kamal, Ragama

Answer: Irrespective of whether you are a blind person or not, you are governed by the Common Law. You have a legal right of half share of the property.

Under the Civil Procedure Code, Section 525 says that - “When any person shall die in Sri Lanka without leaving a will, it shall be the duty of the widow, widower, or next of kin of such person, if such person shall have left property in Sri Lanka amounting to or exceeding in value five hundred thousand rupees, within one month of the date of his death to report such death to the District Court of the district in which he shall have so died, and at the same time to make oath or affirmation or produce an affidavit verifying the time and place of such death and stating if such is the fact, that the intestate has left property within the jurisdiction of that or any other, and in that event what Court, and the nature and value of such property.” Under these provisions you have a legal right to ask half share of the property of your husband. In order to obtain the half share of your husband’s property, you have to file a testamentary case in the District Court where the land is situated.

If you need further information or assistance you can visit our Disabled Person’s Unit situated at our Head Office at No.129, High Court Complex, Colombo 12.