Legal Aid Commission

Rethinking Human Rights

The Human Rights Movement of the World did not commence on December 10, 1948, the day a much smaller UN General Assembly adopted the Universal Declaration of Human Rights (UDHR).

Throughout human history, great religious and philosophers have propagated the core principles of human values, rights and dignity. Present day Human Rights Crusaders mostly from the rapaciously wealthy developed countries who are the self elected custodians of UDHR dominate the global thinking on human rights as gifted to the world to redeem the billions of backward people in economically impoverished countries.

The financially lucrative development programmes mostly administered by luxury living self elected representatives from a civil society which is virtually non visible in the rest of the rural society dominated internationally accepted new paradigm of post-colonial human rights discourse.

The doctrine like the crusades and colonization of the earlier era was ultimately intended to develop a rich dominated Human Rights regime in place of the earlier dominant British, French Spanish, Portuguese, Dutch and American empires which also advocated the lofty idea of civilizing the infidels. Any group or country that opposed the aggressive onslaught would be discarded into history like Afghanistan despite 3,000 years of history and to some extent Sri Lanka for not heading dominant doctrines.

In the UN General Assembly, there are now 195 member states that were once mostly colonies under the dominant Western colonial countries that never exceed the original 14 or 15 influential nations in the UN.

At the time, when the Bible of Human Rights, UDHR was adopted in 1948 there were less than 58 participatory member states of the United Nations of whom eight states abstained from voting.

The victorious powers of the Second World War II enunciated the UDHR even using the human talents of few exceptional individuals like Eleanor Roosevelt of USA and Hubert Humphrey of Canada and Rene Cassim of France who genuinely thought victors of the bloody world war led the future of humanity on Human Right Principles.

Important countries like China (PRC) (not Taiwan) or colonial countries in African and Asian continent did not have even the chance to participate in the discussion of the so called Universal Declaration on Human Rights, which of course was the laudable reaction to the immediate past carnage of World War II and was an important change in victors thinking of war as an instrument in inter state policy.

Thus UDHR though doubled by clever advertising as universal in application it was not universal as the majority population of the world did not participate or even discuss as stakeholders. Many Black, Brown or Yellow people’s voices in dark corners were not heard. Uneducated nations have to be educated either by diplomatic or economic strangulation or worst by invasion like in Iraq or Afghanistan, Kosovo or East Timor to bring them within the pale of docile Human Rights respecting nations. This process denigrates humanity in to poverty and blood shed which would further darken the world of the poor.

The lofty ideas of Eleanor Roosevelt and the Canadian drafters who created the UDHR in 1948 or the ideals of Jeremy Berthan during the French Revolution wave ridiculed as non realistic humanitarian ideas and was discarded as the eccentric thinking of misguided souls.

Two thousand five hundred fifty years ago, Gauthma the Buddha propagated the doctrine of equality, non violence to all including the oppressed women and reciprocating love and kindness, but the new avatars of transnational Human Rights chose to ignore not only the early Buddhist spiritual thinking and even those of other religious leaders like Jesus Christ, Prophet Mohamed (PBUH) or Zoroastriaus or Confucices.

In introducing Universal Human Rights to a human world, the UN Glass Buildings in Geneva and New York can never do better than be inspired by ancient religions.

S.S.Wijeratne

[Questions and Answers]

Fisheries and Ocean Resources in Sri Lanka

Question: Please let me know the institutions which are relating to the Fisheries and Ocean Resources sector in Sri Lanka?

- Ganegoda,
Chilaw

Answer: Institutions overlooking the Fisheries and Ocean Resources in Sri Lanka

1. Ministry of Fisheries and Aquatic Resources Development

New Secretariat, Maligawatta, Colombo 10
T.P.:+94-11-2446183-5
Fax :+94-11-2541184

2. Department of Fisheries and Aquatic Resources

Third Floor, New Secretariat,
Maligawatta,
Colombo 10

Phone: 011-2446183, 011-2446184
Fax: 011-2449170

3.Department of Coast Conservation

New Secretariat
Maligawatta
Colombo 10

Tel: 94-11-2449754
Fax: 94-11-2438005

4.Ceylon Fisheries Corporation

15, Rock House Lane
Mutwal
Colombo 15

Tel: 94-11-2523227-8
Fax: 94-11-2523385

5.Ceylon Fisheries Harbours Corporation

15, Rock House Lane
Colombo 15

Tel: 94-11-2522947/94-11-2523051/94-11-2529394
Fax: 94-11-2522217

6. National Aquatic Resources Research and Development Agency (NARA)

Crow Island
Mattakkuliya
Colombo 15

Tel: 94-11-2521000/94-11-2521006
Fax: 94-11-2524430

7. National Aquaculture Development Authority of Sri Lanka

No.41/1,
New Parliament Rd,
Pelawatte, Battaramulla

Tel: 94-11-2786495/94-11-2786677
Fax: 94-11-2786493

8. National Institute of Fisheries and Nautical Engineering (NIFNE)

15, Crow Island
Mattakkuliya
Colombo 15

Tel: 94-11-2529861/94-11-2529868
Fax: 94-11-2529867

9. Ceynor Foundation Ltd (fishing nets and gear)

335, D R Wijewardene Mawatha
Colombo 10

Tel: 94-11-2448040/2445690
Fax: 94-11-2445582

Elders’ problem

Question: Please let me know how to file a maintenance case against their children by a poor senior citizen?

- Concerned,
Colombo

Answer: Under the Protection of Elders Act No.9 of 2000 poor senior citizens can get protection. Under the said Act, they 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 free of charge. If you need any advice, you can visit our Head Office situated at No.129, Hulftsdorp Street, High Court Complex, Colombo 12.

Renewal, extension or alteration of passports

Question:: I have a passport. How can I alter my passport? What are the charges involved?

- Duminda,
Mahara

Answer: A Sri Lankan passport holder may apply for amendments of the data included in his/her passport and if the request is accepted by the Department, all such amendments will be included in the observation and alterations page. Renewal requests are processed within two hours time. You can obtain an Application Form for Renewal, Alteration or Extension from ;

Head office of the Department of Immigration and Emigration, Colombo

Regional Offices at Kandy, Matara and Anuradhapura
Divisional Secretariat of your area
Overseas Sri Lankan Missions

Fees

Originals with photocopies should be submitted

Alteration/Renewal

Documents required

Applicable Fee

Renewal of validity period (per year)

Passport

LKR 200.00

Change of name

Passport and Birth Certificate or Marriage Certificate where applicable

LKR 500.00

Deletion of a child’s name

Passport

LKR 500.00

Child inclusion

Birth Certificate of the Child Parent’s consent letter where applicable and passport or NIC

LKR 500.00
Profession inclusion
Documents to prove profession or change or qualification
LKR 500.00
NIC number inclusion
NIC
LKR 500.00
NIC number change

New NIC and Letter from Registration of Persons Department
LKR 500.00
Cancel Single Journey
NIC and Birth certificate
LKR 500.00

Cancel Hajj /India Nepal only
NIC AND Birth Certificate
LKR 500.00

Department of Immigration and Emigration

Question: Please let me know the contact details of the Department of Immigration and Emigration and its regional offices in Sri Lanka?

Answer:

Department of Immigration and Emigration
41, Ananda Rajakaruna Mawatha Colombo 10, Sri Lanka

Regional Offices:

Matara - 9, Sri Vijaya Building, Rahula Road, Matara, Sri Lanka Phone: 94-41-5412212Fax: 94-41-2222846, Kandy - 42/3, 42/5, Sangaraja Mawatha, Kandy, Sri Lanka, Phone: 94-81-5624470, 94-81-5624509Fax: 94-81-2201446, Vavuniya - JC 23, Outer Circle Road, Vavuniya, Sri Lanka Phone: 94-25-5676344, Fax: 94-24-2226731

‘A’ Reports and ‘B’ Reports

Question: Please let me know what is meant by ‘A’ Report and ‘B’ Report in criminal matters?

Your kind response is solicited

G.S.Somawansa,
Kaduwela

Answer: There are two types of reports which police files before Magistrates. ‘A’ Report is used for reporting in the following circumstances:-

Requesting an inquest regarding unnatural or suspicious death under Section 22(d) of the Criminal Procedure Code.

If a person is arrested on a suspicion or released on Police bail under Section 38 of the Criminal Procedure Code.

Producing production of ownerless under 431of the Criminal Procedure Code.

Production which had been found under Offensive Weapon’s Act.

Premises searched by Police on a warrant or without a warrant under Section 24 and 25 of the Criminal Procedure Code.

To obtain a search warrant.

To obtain orders regarding orphan children and lunatics.

Police Form 54 is used for ‘A’ reports and it contains date of reporting, IB references of the Police station, name and the rank of the informant, name of the particular Magistrate Court which has the jurisdiction and official duty which is discharged by the informant.

‘B’ Report is used for reporting a crime to courts under sections of 109 to 120 of the Criminal Procedure Code. It comprises name of the Magistrate’s Court, references of the 1B and if a Grave Crime Report Information Book (GCRB) or MO1B etc., date, facts of the case, names of the witnesses and concise statements of them, names of the accused and statements and penal sections of the laws that the accused could be charged.

Unlike ‘A’ reports, it has usually virtual complainant and facts of progress of investigation.

Registration of voluntary organization in Sri Lanka

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

- M. Alawatte,
Kottawa.

Answer: The following documents are required:-

Completed Application Form. Constitution of the NGO in Sri Lanka (if the NGO has Constitution of the mother NGO, a statement should be submitted). Registration Certificate of the foreign NGO in their country.

Authorization letter from Mother NGO.

Funding guarantee letter from donors.

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

Names and addresses of donor agencies, if any.

Bio-data and Passport copies of foreigners.

Details of the staff (local) (name/address/NIC Number) Annual Report of Mother NGO (Progress report) 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: www.ngosecretariat.gov.lk

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

Pension gratuity

Question : Is there any way to get a pension gratuity on the date of pension?

- Senarathna,
Mahawewa

Answer: Yes. The Pension Department has introduced a system where you can get your pension gratuity on the date of pension. But you have to follow procedure given below:-

You have to inform the Pension Department your date of pension through the Head of your department with a duly filled application attaching the relevant documents. The said documents should be submitted to the Department before the expiry of three months. Thereafter the Pension Department will process your pension gratuity on the date of your pension.

Obtaining lost Identify Card

Question: My servant has lost her Identity Card. She has a photocopy of the same. She has been staying with us for over six years. Please let me know how I can get a new Identity Card for my servant?

- Jayakody,
Matara

Answer: If you want to obtain a new Identity Card for your servant, you have to first make a complaint to the Police station and get the certified copy of that complaint.

Thereafter, you have to meet your Grama Niladari and get an Application Form and have the form duly completed. After preparing all the documents you have to submit five identity card size (coloured photographs) and the photo copy of the identity card. It is necessary to submit the original Birth Certificate to get the new identity card because the date of birth is necessary. Since your servant has lost her Birth Certificate you have to submit an affidavit to prove the date of birth of your servant.

The Registrar of Person has ‘One Day Service’ to issue Identity Card on a fee of Rs. 500. Other wise you can get your servant’s Identity Card from the Grama Sevaka through the normal procedure which will take at least one month. If you need any assistance you can visit our Head Office at No.129, Hulftsdorp Street, High Court Complex, Colombo 12.

Renewing a license

Question: I have a job agency in Akuressa. Please let me know how I renew the agency license?

- Chaturika,
Naththandiya

Answer: You can renew your agency license by submitting the completed application form available at the Sri Lanka Bureau of Foreign Employment (SLBFE).

You must remember to submit the renewal application 30 days before the license expires and the SLBFE would then evaluate your past performances, inspect your office, equipment, records and grant approval for the renewal of the license. If you wish to shift your recruiting agency to a new location, you should obtain the approval of the License Division of the SLBFE by submitting and application along with the following documents:

* Location of the new office
* Proof of legal occupancy of such premises
* Revised business registration certificate with the details of the new premises

Certified translations

Question: My sister is living in France . Is it possible for me to obtain a certified translations of her birth and marriage certificate. Can I do it my self on behalf of my sister?

- Sent by email

Answer: Yes it is possible. Please visit the Registrar General’s Department Head Office at Battaramulla with the original birth and marriage certificates of your sister and they will help you.Fee for an English translated certificate is Rs.100

[Payment of pensions to Sri Lankan pensioners abroad]

Question: Could you please clarify the position with regard to the payment of foreign pensions to Sri Lankan pensioners residing abroad? Your kind reply would be greatly appreciated.

- Kodikara,
Kandana

Answer: Sri Lankan pensioners who have either permanent residence or citizenship rights abroad could now draw their pensions under one of the two modes, namely: (1) via the Sri Lankan High Commission or Embassy in the residential country or (2) by opening a Special Bank Account with the People’s Bank in Sri Lanka.

However, whatever is the choice, it is compulsory for all Sri Lankan pensioners residing abroad to fill and send the Data Entry Form attached there to the Department of Pensions through the respective Sri Lankan High Commission, Embassy or Consular General Office concerned to them. Please state the foreign bank account details (particulars of bank to which pension is to be credited abroad) inclusive of name of bank and account number for the question number 5 appearing in the form.

If willing to draw pensions from Sri Lanka, arrangements have now been made for such pensioners to open single accounts with the Queen’s Branch of the People’s Bank in D.R.Wijewardene Mawatha, Colombo 10 and withdraw pensions fully whenever they return to Sri Lanka.

For this purpose, joint accounts are not accepted. Facilities made available earlier for the pensioners to draw pensions from any banks in Sri Lanka were abolished considering the high rate of fraudulent practice involved in that system. In view of the above, crediting of pensions to such accounts opened in other banks in Sri Lanka will be stopped in the near future.

As such, if you are willing to draw your pensions in Sri Lanka as specified under (2) above, then please fill the forms attached thereto and send it to the Deputy Director of Pensions (Foreign) along with your letter of consent and Data Entry Form through the Sri Lankan High Commission/Embassy/Consular General Office concerned to you enabling the Department of Pensions to open the special account for you in the People’s Bank and credit your monthly pensions to the account. Facility to get the special account opened in the said bank for you by anyone you like is also there, in case if you wish to do so.