Legal Aid Commission

SHRINKING OF WETLANDS

Wetlands are one of the most biologically productive ecosystems in the world and useful for so many reasons. Wetlands prevent flooding by holding water much like a sponge and help to keep river levels normal, filter and purify the surface water, hold water during storms and whenever water levels are high. When water levels are low, wetlands slowly release water. Wetlands also prevent soil erosion, remove and store greenhouse gases from the Earth’s atmosphere, slowing the effects of global warming.

Wetlands play an irreplaceable ecological role by serving as habitat for hundreds of species, such as, birds including migratory birds, insects, fish, amphibians, mammals, reptiles and plants. Many animals that live in other habitats also use wetlands for migration or reproduction.

The development process, economic activities, draining wetlands for agriculture and other land uses and over-loading wetlands with pollution exploit wetlands in the world. There are world famous wetlands such as Kakadu Wetlands in Australia, Everglades Wetlands in USA, Camargue in France, Kerala Backwaters in India, Pantanal wetlands in Brazil, Bolivia and Paraguay, Danube Delta in Bulgaria, Moldova, Romania, Serbia and Ukraine, Sundarbans wetlands in Bangladesh and Wasur National Park in Indonesia.

The Ramsar Convention is the only global environmental treaty which deals with wetlands. The treaty was adopted in the Iranian city of Ramsar on 2nd February in 1971 and the Convention’s member countries cover all geographic regions of the planet. It is also known as The Convention on Wetlands of International Importance.

This is an intergovernmental treaty and its mission is “the conservation and wise use of all wetlands through local and national actions and international cooperation, as a contribution towards achieving sustainable development throughout the world.

Article I of The Ramsar convention defines wetlands as “Areas of marsh, fen, peat land or water, whether natural or artificial, permanent or temporary with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six meters.”

The Paris Protocol to the Ramsar Convention on Wetlands of International Importance was adopted at the Extraordinary Conference of the Contracting Parties in Paris, France, during 2nd to 3rd December in 1982 to amend the Convention on Wetlands of International Importance especially as Waterfowl Habitat. The 11th Meeting of the Conference of the Contracting Parties (COP11) to the Ramsar Convention took place in Bucharest, Romania during 6th to 13th July 2012.

The World Wetlands Day falls on 2nd February each year. It marks the date of the adoption of the Convention on Wetlands (the Ramsar convention- 2nd February 1971) The World Wetlands Day theme for 2012 is Wetlands and Tourism. This theme reflects the economic value of wetlands.

According to Ramsar definition, the wetlands of Sri Lanka, can be divided into three broad categories such as inland natural fresh water wetlands (e.g. rivers, stream, marshes, swamp forests and villus), marine and salt water wetlands (e.g. lagoons, estuaries, mangroves, sea grass beds, and coral reefs) and man-made wetlands (e.g. tanks, reservoirs, rice fields and salterns)

Sri Lanka signed the International Convention of Wetlands (the Ramsar Convention) on 22nd June in 1990. Sri Lanka presently has 5 sites designated as Wetlands of International Importance, with a surface area of 32,372 hectares.

The sites are Annaiwilundawa Tanks Sanctuary in Northwestern Province, Bundala Flora and Fauna Sanctuary in the Southern Province, Kumana Wetland Cluster in Ampara District, Maduganga, a mangrove lagoon joined to the sea by a narrow canal and containing 15 islands of varying size in Southern Province and Vankalai Sanctuary in Mannar District. Some wetlands are protected under the Fauna and Flora Protection Ordinance (including the Amendment Act No. 22 of 2009) and the Coast Conversation Act No.57 of 1981 (amended by Act No.49 of 2011).

Many of the inland wetlands come under various departments and ministries of Sri Lanka such as Department of Wildlife Conservation, Coast Conservation Department, The Central Environment Authority, Ministry of Lands (mostly state owned lands), the Department of Inland Fisheries (some seasonal tanks, fish ponds etc.), Department of Irrigation (reservoirs of all sizes) etc.

The Central Environmental Authority (CEA) formulated the Wetland Conservation Project in 1991 in order to preserve Sri Lanka’s variety of wetlands. The National Wetland Policy and Strategy was also drafted in 2005 by the Ministry of Environment in Sri Lanka and the CEA.

The objectives of this policy are to protect and conserve wetland ecosystems, to prevent illegal utilization of wetlands, to restore and maintain the biological diversity and productivity of wetlands, to enhance ecosystem services from wetland habitats, to assure sustainable use of wetlands and traditional practices by local communities; and to meet national commitments as a signatory to the Ramsar Convention on Wetlands.

Furthermore this policy deals with Wetland Management, Institutional Arrangement, Research, Development and Education on wetland conservation. Wetlands provide important ecosystem services and represent a unique biodiversity. Wetlands are not wastelands.

Thamarashi Wickramanayake -AAL, Legal Officer, Legal Aid Commission of Sri Lanka

Questions and Answers

Aggrieved person

Question: My friends father who is 75 years old age and subjected to domestic violence in his home due to the activities of his own daughter . Kindly let me know can he cover as “an aggrieved person” under the Prevention of Domestic Violence Act No.34 of 2005.

-Samadara,
Godagama

Answer: Under the Prevention of Domestic Violence Act No.34 of 2005, “an aggrieved person” is defined as follows:- the father, mother, grandfather, grandmother, stepfather, stepmother. the son, daughter, grandson, granddaughter, stepson, stepdaughter. the brother, sister, half-brother, half-sister, step-brother, step-sister; siblings of a parent; the child of a sibling; child of a sibling of a parent

Obtaining a Licence

Question: Please let me know the way to obtain a licence for my foreign employment agency from the Bureau of Foreign Employment in Sri Lanka?

Karunatilaka,
Gampaha

Answer: To obtain a foreign employment agency licence, you should have an office which;

* Is situated in an easily accessible place where public transport is available
* Have a floor area of at least 500 square feet.

* Have telephones with IDD facilities, fax, computers, databases, type writers, photocopiers and trade testing facilities. You can then apply for the licence by submitting the following documents:

* Business Registration Certificate or certified copy of Form 48 and Articles and Memorandums (If registered under the companies act)

* Layout plan of the office and the lease agreement or deed of the premises
* Affidavits regarding citizenship of the partners of the business / company

* Two recent testimonials in support of the character and reputability of the person who is in charge of the foreign employment agency. One of these should be from the local Gramasevaka Niladhari of the area where he resides confirming that the person who is applying for the license has been living in that area

A bank guarantee of a commercial bank issued on behalf of you or your agency

* You should also furnish the following documents of yourself and the other partners or Directors of the agency:- Birth Certificate(s)- Personal bio-data(s)- Photocopies of their National Identity Card(s) or Passport- Police clearance reports from the nearest police station- A passport sized photograph of the officer in charge of the agency After the above documents have been submitted, a team from the SLBFE would visit and inspect the premises and check the authenticity of the documents before granting them the approval for the license. The license which you have obtained would be valid only for a period of one year from the date of issue.

Approval to recruit

Question: I am a licensed foreign employment agent with a valid licence and I have received a job order from a Foreign Agent. How should I obtain the necessary approvals?

Saruri,
Mahara

Answer: If you are a licensed foreign employment agent with a valid licence and you received a job order from a Foreign Agent or Sponsor, you should obtain the necessary approvals from the First Approval Division of the Sri Lanka Bureau of Foreign Employment (SLBFE) before: Advertising or making people aware of the job vacancies you may have Recruiting people for employment abroad, Any other activity relevant to the above, Obtaining First Approval.

You can apply for the “First approval” which would allow you to recruit people for employment abroad by submitting the following documents to the approval division:

1. Covering letter requesting first approval
2. Job Order
3. Recruitment agreement
4. Power of attorney
5. Completed “F” Form
6. Any further information as requested.

Advertising Vacancies in the Media. To advertise your vacancies in the media after obtaining the First Approval, the following documents have to be submitted to the SLBFE:

A covering letter requesting approval, The job order, A copy of the advertisement, Renewing the First Approval, The First approval which you have obtained is valid only for a period of one year. You can renew the First Approval by submitting the following documents to the SLBFE: A covering letter requesting to renew the First Approval, The Expired First Approval which is to be renewed

Completed “FI” form, You must also remember to; Complete all necessary formalities, Possess letter heads of the foreign Agent, Get the necessary attestations from the relevant Embassies, Payment for Registration. The payment of registration was made compulsory by a gazette amendment published on the October14, 1994. Accordingly, the registration was made compulsory for all persons going abroad for employment. Accordingly, you would have to pay the following amounts as specified by the Bureau according to the salary you would receive in that country.

Salary Scale
Registration Fee
Less than Rs. 20,000 - Rs. 8,883
Rs. 20,000 and above - Rs. 11,767

Law to protect old people

Question: I am 72 years pld. My children are ill treating me. Please advice me. Are there any laws to safeguard old people like myself?

Sent by email

Answer: Elders Law No.9 of 2000 has provision to safeguard and protect elderly persons like yourself. Under this law you can ask for maintenance from your children. If you need any assistance, kindly call over to our Head Office which has set up an Elders’ Unit specially to deserving people like you.

Dividing deceased’s property under common law

Question: My husband and I are almost 65 years old. We have property not written to any children. Could you kindly explain how a deceased’s property is divided under the Common Law? An early reply to my question would be greatly appreciated.

Hirantha,
Matara

Answer: Under the Common Law a deceased’s property could be divided in the following manner:-

If the deceased was married ½ of the property would be granted to the spouse and the other ½ to be equally divided among his/her children.

If they have no children ½ to the spouse and the other ½ to parents of the deceased in equal shares.

If parents are not living, equal shares to the deceased’s brothers and sisters. If only one parent is living ½ of ½ would be granted to the living parent and other ½ of ½ would be granted to brothers and sisters of the deceased equally.

Elders Identity Card

Question: Please let me know the legal recognition of Elders Identity Card ?

Anjelo,
Sent By email

Answer: Another important amendment in the Elders law Act No 09 of 2000 law is legal recognition of ‘Elders Identity Card’. Ministry of Social Services started issuing elders’ identity card for those over 60 years of age. The card intended to facilitate easy services to the elderly and obtain discounts in geriatric medicine and receive increased interest income from savings are essential to our aging society.

The new amendment legalizes the elder’s identity card and provides for the Minister to make rules as to how the card could benefit the elders. Elders rights are human rights, the new amendment definitely help at protecting elders’ human rights.

Public Petition Unit

Question: I understand that a Public Petitions Unit has been established in the Attorney General’s Department. Please let me know when this Unit was set up and what are its functions.

I would also like to know how this Unit works.

Udayangani,
Galle

Answer: In order to give effect to the national policy at the relevant time, a Public Petitions Unit was established in the Attorney-General’s Department. The Public Petitions Unit was established in 1995.

The main function of this Unit was to look into complaints made by members of the public who had grievances against Public State Authorities. This Unit receives over 1,000 petitions from members of the public and has effectively granted redress in appropriate cases.

In most cases, this Unit calls for a report from the relevant Public Authority pertaining to the said complaint and having considered the report, advises the Public Authority in appropriate cases, to grant redress to the complainant. In recent times though there have been several petitions received from persons remanded or detained in prison, most of them are remanded by Court and others, who have been granted, bail, but cannot afford to furnish the cash bond.

In such cases, through our prosecuting counsels, we ensure that the trial or inquiry is expedited or refer them to the Legal Aid Commission to make representations on their behalf to Court. In instances where persons have been committed to stand trial in the High Court, this Unit ensures that the indictments against them are speedily dispatched to the relevant High Courts. It is pertinent to note whenever there is a complaint of torture received from a member of the public; this unit facilitates the conducting of investigation into such complaints. Complaints could be made to the Attorney-General’s Department, Public Petitions Unit, Superior Courts Complex, Colombo 12. Tel No.2320848, 2320854, 2327919 – Ext 306.

Juvenile Court

Question: What is a Juvenile Court and what are the powers of a Juvenile Court? Please let me know through your valuable Legal Aid Page. How can I get the help of the Legal Aid Commission in this regard.

Chamara,
Kalutara

Answer: A Juvenile Court is a court that hears and charges against a child or a young person. The Magistrate’s Court can exercise the power of a Juvenile Court while continuing its regular court functions. The Bambalapitiya Court is the only court that is solely considered a Juvenile Court.

A Juvenile Court can hear and determine most cases relating to a child or young person charged with an offence under a Penal Code including:

Cruelty of children and/or young persons;

Causing or encouraging seduction or prostitution of a girl under the age of 16, allowing persons under the age of 16 to be in brothels;

causing or procuring persons under the age of 16 to beg, punishment for using criminal force unless there was grave and sudden provocation;

Assault, kidnapping or abduction; punishment for rape; and any other offences involving bodily injury to a child or young person.

Juvenile Court cannot hear cases regarding serious offence such as murder, wrongful killing, attempted murder, attempted wrongful killing or robbery. Instead serious offences will be heard by a Higher Court where a child or young person is accused. The address of the Juvenile Court is: Juvenile Court, Denzil Kobbekaduwa Mawatha, Battaramulla. The address of the centre of the Legal Aid Commission is Juvenile Court, The Legal Aid Commission, Denzil Kobbekaduwa Mawatha, Battaramulla. Tel No 2877687

Authorized deductions and limit to deductions

Question: I am employed as an Accounts Clerk in a Mercantile Firm in Colombo. My employer is making deductions from my salary as he pleases. I would like to know whether there is any authorized deduction and if so the limit to deduction?

Sadun,
Giridara

Answer: You are covered by the Shop and Office Employees Act. The deductions which could be made from the salary are termed Authorized Deductions. No deduction can be made without the consent of the employee. The list of authorized deductions is given in the Act e.g. advance of salary, price of any food or article of food supplied, contribution to pension fund, provident fund, insurance scheme, savings scheme, recovery of rent, subscription to Trade Union and others. The permissible maximum deduction from salary is 60 percent of the total salary. There are deductions which can be made without the consent of the employee. They are – Income Tax, Order of Court.

Checking IDs

Question: Since the National Identity Card is a very vital document, kindly educate the general public as to who is authorized to check one’s ID. It is obvious that the Armed Forces personnel and the Police are permitted to do so. Other than these personnel who else has the authority?

Fernando,
Kandy

Answer: The Police and Armed Forces have been given the power to check one’s identity card. Sometimes, even the peace officers have been given authority by the Police to check identity cards. At all times, a police officer must be present at the time of checking. However, the public has the right to demand the identity of the person who is checking.

When entering private buildings, the security officer can insist the public to produce their identity cards for checking.

Filing case to amend Birth Certficate

Question: I have been using my name as Sarath Perera in the Marriage Certificate, in my children’s Birth Certificates and in my letter of employment during the last 10 years. However, in my Birth Certificate my name appears as Sarath Appuhami. I want to change my name in my Birth Certificate. Is it necessary to file a case or is there anyway to resolve this matter without going to courts?

Sarath Perera,
Battaramulla

Answer: Yes, you can amend your Birth Certificate. You have to obtain the B9 Application Form from the Divisional Secretary’s Office. The duly filled application form along with an affidavit and the documents (at least three documents) to prove that you are using the name ‘Sarath Perera’ together with your Birth Certificate and hand over these documents to the Registrar of Birth and Deaths, Divisional Secretary’s Office where you were born. The Registrar will thereafter amend ‘Cage 13’ appearing in the Birth Certificate.

Donating body to Medical Faculty

Question: I kindly request you to advise me as to how I should donate my body in the event of my death, to the Medical Faculty for the benefit of the medical students.

- Amaratunga,
Galle

Answer: You can write a letter to the Medical Faculty, Head of the Anatomy Department giving your consent to donate your body to the said Department. Then they will issue the necessary instructions to you. Since you are residing in Colombo,you can donate your body to the Medical Faculty of Colombo.

If you are hospitalized, then you can write a letter with your signature giving your consent to donate your body to the Anatomy Department. This letter should be handed over to the Judicial Medical Officer of the relevant hospital and you have to inform your next of kin. Immediately on your death, your next of kin should inform the relevant Anatomy Department mentioned in your letter within 24 hours. If your next of kin wishes to take your body for a few hours, according to the instructions given by the Anatomy Department, you have to inform the Funeral Undertakers and they will undertake to do a light embalm. If your next of kin wishes to give away the body directly to the Medical faculty, then there is no necessity to do an embalm. Medical Faculty, Colombo.

Tel. No.2695300 – Ext.119 120
Medical Faculty, Ragama
Tel. No .2956188

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[Copy of Marriage Certificate]

Question: My grandfather was married in France and registered in that country. However, he got the Sri Lankan registration of his marriage through the Embassy in France. My grandfather’s Marriage Certificate is damaged now. I wish to know whether my grand father could apply for a copy of his Marriage Certificate. Your reply is greatly appreciated.

Jayakody,
Negombo

Answer: Yes, your grandfather can obtain a copy of his Marriage Certificate. He should go to the Central Record Room, Maligawatte, Colombo 10. They will issue an application form to him where he has to complete it and hand it over to them. On receipt of the completed application form, the Central Record Room will issue a copy of the Marriage Certificate immediately. If you need further details, you can call the Central Record Room on Telephone No.011 2329773

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