Legal aid Commission

Protecting family rights

The Magna Carter of the modern explosion of human rights movement in the world is the Universal Declaration of Human Rights (UDHR) of 1948 - UN General Assembly adopted the UDHR by Resolution 217 A on December 10, 1948.

Universal approach to human rights promotion worldwide during the last six decades mostly led by the West underpins their preference for promotion of selective parts of the UDHR and ignoring other party.

Leading example of the selective process on UDHR province on Family Rights. The Family Rights Article 16 (3) of UDHR Declares that “The family is the natural and fundamental group unit of society and is entitled to protection by society and state.” The modern human rights advocates and their instituted supporters have completely ignored the core human right of family which is the basis of human organization. I am yet to see an Human Rights NGO dedicated to the promotion or protection of the family as the basic unit of society. On the contrary, there are innumerable rights advocates who promote individual rights which has weakened or wrecked families worldwide. To give few examples, the right of single motherhood supported extensively in the Northern European countries, promote having children out of wedlock, curbing of parental rights to impose a sense of discipline in growing up children within the family.

Provision of legislative authority to invade family privacy of the home or domestic disputes all appear contrary to UDHR provisions under Section 16(3). But no voices were heard to protect the important Human Right provision Family Rights which is deliberately eroded in a systematic manner.

The 193 Member States of the United Nations are partly to be blamed for this unfortunate omission. Only very few countries have incorporated UDHR provisions in their constitutions in entirety. In the case of Sri Lanka, 1978 constitution selected only five UDHR rights out of 30 to be incorporated in the constitution.

With modern judicial trend of ignoring international humanitarian law unless incorporated by National Acts of Parliament, it is unlikely to expect judicial interpretations in keeping with the total spirit of UDHR.

Sri Lankan society has been a family based society, each member having traditional rights and duties to the fellow family members. These bonds are rapidly breaking down with increasing emphasis being placed on individual rights. The parents abandon children and the children neglect aging parents. The highest number of cases in the courts are either maintenance or divorce cases. Protection of children from sexual exploitation and incest has become virtually impossible. We pass legislation to weaken family bonds while very few or no State Sponsoring attempts have been made to preserve the integrity of the family.

The Legal Aid Commission strongly urges the constitution makers to incorporate UDHR 16 (3) which casts mandatory duty on state and society to protect the family as a fundamental right in the new constitution.

S.S. Wijeratne

[Questions and Answers]

Sri Lanka Bureau of Foreign Employment

Question : I have decided to apply for foreign employment. Is it necessary to register myself with the Sri Lanka Bureau of Foreign Employment?

- Dasanayaka,
Aththanagalla

Answer: Yes, under the Sri Lanka Bureau of Foreign Employment Act No. 21 of 1985, it is a legal requirement for all workers leaving Sri Lanka for overseas employment to be registered with the Sri Lanka Bureau of Foreign Employment (SLBFE) prior to departure.

• It will help protect you, your job as well as your family.

• When you obtain the registration license of the SLBFE it provides you with many privileges. The most important being the job security and the life insurance you get through this.

• It will ensure the safety and welfare of your family members. Some of the benefits include; - Housing loans - Loans for self-employment- Scholarships and support for the education of your school-going children- Overseas educational trips and many more benefits for your school-going children. All those leaving Sri Lanka for employment for the first time or those who have completed their initial contract overseas and want to go back again or those who are hoping to change jobs while they’re overseas have to register themselves with the SLBFE.

You will also be respecting your duty towards your motherland. It is of utmost importance that you remember, that the license you obtain from the SLBFE prior to departure is valid only for a period of two years and if by any chance you want to extend your stay and continue your employment there you can re-register yourself through the Sri Lankan High Commission / Embassy located in that particular country or by getting your relatives to re-register you with the SLBFE head office or the district office.

Registering yourself or renewing your registration with the SLBFE is highly beneficial for you while the non-registration and non-renewal is very disadvantageous to you. Once you’re registered, the SLBFE is committed to providing you with the necessary job security as well taking care of your family’s welfare. Prior to departure, an agreement giving all the conditions of employment has to be signed by the employee.

This has to be done at the SLBFE Head Office after all three parties (The SLBFE, the agent and the employee) agrees to all conditions stipulated on the agreement. This new arrangement has to be adhered to by the foreign employment agent as well as the prospective employee to ensure the safety and welfare of the employee.

Export goods declaration

Question: I want to export some goods for a business purpose. Please let me know the documents that are necessary to be prepared for an Export Goods Declaration?

Answer: Customs Declaration (CUSDEC), Licenses and permits if required, Shipping Note/Airway Bill, Invoice, Packing List and other supporting documents as and when necessary. Customs Declaration (CUSDEC)This should be submitted in four copies with an additional copy each for bonded cargo and airfreight cargo. These copies are named as Warrant copy, Statistical copy, Security copy, Parties copy, CBD copy and Air cargo copy. When exporting liquor and coconut products excise copy and CDA (Coconut Development Authority) copy should be attached respectively. This declaration requires to be submitted along with the other documents mentioned above for processing.

Export Control Permits: Export Control Permits are required for the following three items.

For Coral Chanks permit issued by Department of Wild Life is required.

For Timber, i.e. Wood (including logs and sawn timber) classified under H.S. Chapter 44 excluding coconut shell charcoal, household utensils of wood and rubber wood permit issued by Forest Department is required.

Note: Handicraft made of Ebony are allowed to be exported on the recommendation of the National Craft Council. Otherwise Ebony is not allowed to be exported in any other form, i.e. timber or furniture. Sawn Rubber timber is allowed to be exported without license. For Motor Vehicles first registered in Sri Lanka prior to 01.01.45 permit issued by Registrar of Motor Vehicles is required.

The following License and permits are necessary when exporting certain other items under various other ordinances.

Archaeological Certificate issued by Archaeological Department for antiques under Antiques Ordinance. Recommendation of Archaeological Department is necessary for exporting furniture which are old or new and made of wood or any other material.

Tea Permit issued by Tea Controller for Tea under Tea Board Act.

Quarantine or veterinary Certificate issued by Agriculture Department for plants and animals. This is necessary only if requested by buyer.

R.M.V. Certificate issued by Registrar of Motor Vehicles for export of registered vehicles. Permit issued by Wild Life Department for items under Fauna and Flora Protection Ordinance. Permit issued by Ministry of Fisheries and Aquatic Resources for restricted list of species. License issued by the Excise Commissioner for items under Excise Ordinance. For Ayurvedic Drugs a document should be produced in which name and the registration number of the physician who scrutinized the production should be mentioned.

License issued by Ministry of Defence for fire arms.

Now permits are not required for exporting rice. Also Western drugs can be exported without any permits.

Shipping Note/Captains Copy (Exp 3a): Shipping Note contains details about the cargo to be exported and is prepared by the exporter (shipper) with additional copies. Shipping agent gives a particular number (BL No ) to this document and puts his seal and signature on it.

Three copies of this documents are sent to Sri Lanka Ports Authority for the purpose of calculating their charges. This document states that a shipper has reserved space in the ship in which cargo is taken.

Airway Bill: It is a document to say that a particular airline has undertaken to carry the goods to the required destination and the space for the goods in the aircraft has been reserved.

Invoice: Invoice is a document prepared by the Exporter stating all the particulars regarding the shipment. This has to be filled along with the Goods Declaration at the time of processing it at the Export Office. Some other documents involve in the export procedure: Boat Note (Exp 3a), Mate Note, EXP/3b (Cargo Dispatch Note)

Boat Note: This is a set of documents and these documents are collectively referred as Boat Note. This document is used to monitor and control the movement of the cargo on board the vessel.

Mate Note: This is a document signed by the authorities of the vessel in which cargo is transported. This document contains the actual information about the cargo loaded to the vessel.

EXP/3b (Cargo Dispatch Note): This is a document used to accompany cargo from the shipper's stores to the Port. This has to be prepared with additional five copies and signed by the exporter or the shipper and his security staff to be produced at the entrance to the Port/Air Cargo premises.

Goods Declaration Processing

Question: Please let me know the procedure to be followed in processing Goods for a Declaration for export purposes?

- Shanaka,
Marawila

Answer: Declaration at Receiving Counter (Face-Vet)All Export Goods Declaration duly made on CUSDEC and supported by the other required documents such as licenses and permits, Shipping Note and Invoice should be handed over to the Face-Vet Officer at the Declaration Receiving Counter at the Export Office. On receipt of these documents, the Face-Vet Officer checks whether all the columns of the Declaration have been correctly filled and whether it has been signed by the declarant. He particularly checks whether the tax Identification No. (TIN No.) and the declarent's registration number are given on the ‘Declaration'. Further he checks whether all supporting documents required to pass the declaration are filled with it.

If the Declaration is filled correctly in all respects he passes it on to the Keying-in- Officer. All incorrect entries are handed back to the Wharf Representative for amendment over the Counter.

Keying-in: Keying-in-Officer feeds the Declaration to the computer. Code number indicated thereon should tally with those the computer is fed with. Otherwise the Declaration is quarried and sent to the quarry counter where the Wharf Representative amends it and returns it to the Keying-in-Officer for processing. If the information given is acceptable the computer registers the Declaration and generates a number which is taken as the Declaration number. It also generates an assessment notice which is signed by the Keying-in-Officer and which is filed with the Declaration for the purpose of payment.

Numbering: The Numbering Officer machine franks all the copies of the Declaration together with attached documents such as Captain's copy of Shipping Note/Boat Note (B.L.), Invoice, License with the same number generated by the computer and sends it for payments or receiving of duty etc. Cash Declarations are sent to the Shroff while current account declarations are sent to the Ledger Section for debiting respective current accounts.

Payment/Securing of Levies

Shroff: This officer receives the payments in respect of Cash Declaration and issue a receipt. He notes the amounts paid in his register and pushes the Declaration to the Accounts Updating Officer.

Ledger Officer: This Officer handles the requisition Declaration. He enters the amounts payable in the Ledger of the particular account holder, signs the Declaration on the stamp and submits it with the register to the OIC Ledger for authenticating the securing of duty etc.

He checks the correctness of the Declarations made in the Ledger and places the signature on the stamp on the Declaration.

Accounts updating (for Cash Declarations) Accounts updating officer feeds the computer with the amounts paid on each Cash Declaration and compares with the amounts assessed on the assessment notice.

If in order the computer accepts and updates the accounts by registering it. If there is an error in the payment the computer rejects the Declaration. In such cases it has to be referred back to the Shroff. When the error is rectified, the computer updates the account and generates a number. The account updating enters this number on the Declaration and signs it. The Declaration is thereafter passed on to the Cash/Daily Revenue Abstract Officer.

Preparation of Cash Sheet and Daily Revenue Abstract (for Cash Declarations) The Cash Sheet/Daily Revenue Abstract Officer takes the Accounts updating number to his cash sheet for the preparation of the Daily Revenue Abstract and sends the Declaration to the Sub-Collector Channel Selection.

Channel Selection (Green and Red) All the Declaration should go through the Sub-Collector Channel Selection. He selects them for shipment where the further scrutiny is necessary and/or examination is required and puts them to the red channel. All the other Declarations (green channel) are warranted by him and sent to the delivery counter.

Grading for type of examination: The Chief Export Officer decides the type of Examination required to be done on cargo placed on red channel. If he is of the opinion that no examination is necessary he exempts the cargo from examination.

The sequence of the above Declaration Flow is changed with respect to Goods Declarations pertaining to traditional cargo such as tea, coconut and rubber by permitting exporters/Wharf Representatives to present their goods declarations to Chief Export Officer first for him to determine the type of examination to enable them prepare themselves in advance for outside examinations etc. if any. Such Declarations are handed over to Face-Vet Officer only after they have gone through the Chief Export Officer first.

Warranting: The Sub-Collector (Warranting) goes through the Declaration and if he satisfies himself that it is correct in all respects, he signs it for warranting and send it to the Chief Export

[Job agreements]

Question: Please let me know the main features that are incorporated in a job agreement for foreign employment?

- Hirantha,
Mahawa

Answer: If you are a male worker, domestic worker for non Middle Eastern country or a skilled female worker you should sign an agreement with the local recruitment agent. Domestic workers leaving to Middle Eastern countries must sign an agreement at the embassy of that particular country.

The following signatures and endorsements should be available on the agreement. If recruitment is done by an agent:

1. Signature of employer
2. Signature of foreign agent
3. Signature of the Embassy / Consulate official
4. Signature of local agent
5. Signature of housemaid

If you are going abroad through a visa sent by a friend or a relative:

Signature of the employer, Signature of Embassy / Consulate official, Signature of House Maid

You can use the following guidelines in the agreement:

1. Wages
2. Salary deductions
3. Rest days
4. Annual and casual leave
5. Medical benefits
6. Duties
7. Welfare
8. Termination of contract
9. Dispute settlement
10. Transfer of employment
11. Repatriation
12. Airfare cost

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