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SASANASIRITISSA THERO and OTHERS V. P.A. DE SILVA, CHIEF INSPECTOR, C.I.D
356 Sri Lanka Law Reports (1989) 2 Sri LR SASANASIRITISSA THERO AND OTHERS v. P.A. DE SILVA, CHIEF INSPECTOR, C.I.D. AND OTHERS SUPREME COURT H.A.G DE SILVA, J „ BANDARANAYAKE,. J. AND KULATUNGA, J. S.C. APPLICATIONS 13/88, 14/88 and 15/88 MAY 17, 18, 19, 29 & 30, 1989 Fundamental Rights - Mala tide arrest and detention tor political reasons - Articles 12(1), 12(2), 13(1), 13(2) and 14(1) of the Constitution - Time-base At the Katana Mahapola celebration held at Harischandra Vidyalaya a bomb explosion took place to disrupt the procession and two hand grenades were thrown - one of which struck a student and rolled on to the ground without exploding a few yards from the Hon. Amarasiri, Minister of Trade and Hon. Wijayapala Mendis, Minister of Textile Industries (5th respondent) and the others exploded causing injuries to the 6th respondent (the 5th respondent's Public Relations Officer). The 1st petitioner is the patron of the SLFP and a prominent party worker opposed to the Government while the 2nd. and 3rd petitioners were his van driver and aide respectively. The 1st petitioner’s van driven by the 2nd petitioner had been about 75 yards away from the place where the bomb exploded. The van had come to the town to change tyres and neither the 2nd or 3rd' petitioner's had anything to do with the incident. The 1 st petitioner had gone, to the house of one Justin Silva and with him gone to the temple but came to know on the day of the incident itself (9.10.87) that his driver and aide • had been taken into custody. -
Chandrika Kumaratunga (Chandrika Bandaranaike Kumaratunga)
Chandrika Kumaratunga (Chandrika Bandaranaike Kumaratunga) Sri Lanka, Presidenta de la República; ex primera ministra Duración del mandato: 12 de Noviembre de 1994 - de de Nacimiento: Colombo, Western Province, 29 de Junio de 1945 Partido político: SLNP ResumenLa presidenta de Sri Lanka entre 1994 y 2005 fue el último eslabón de una dinastía de políticos que, como es característico en Asia Indostánica, está familiarizada con el poder tanto como la tragedia. Huérfana del asesinado primer ministro Solomon Bandaranaike, hija de la tres veces primera ministra Sirimavo Bandaranaike ?con la que compartió el Ejecutivo en su primer mandato, protagonizando las dos mujeres un caso único en el mundo- y viuda de un político también asesinado, Chandrika Kumaratunga heredó de aquellos el liderazgo del izquierdista Partido de la Libertad (SLNP) e intentó, infructuosamente, concluir la sangrienta guerra civil con los separatistas tigres tamiles (LTTE), iniciada en 1983, por las vías de una reforma territorial federalizante y la negociación directa. http://www.cidob.org 1 of 10 Biografía 1. Educación política al socaire de su madre gobernante 2. Primera presidencia (1994-1999): plan de reforma territorial para terminar con la guerra civil 3. Segunda presidencia (1999-2005): proceso de negociación con los tigres tamiles y forcejeos con el Gobierno del EJP 1. Educación política al socaire de su madre gobernante Único caso de estadista, mujer u hombre, hija a su vez de estadistas en una república moderna, la suya es la familia más ilustre de la élite dirigente -
Migration and Morality Amongst Sri Lankan Catholics
UNLIKELY COSMPOLITANS: MIGRATION AND MORALITY AMONGST SRI LANKAN CATHOLICS A Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Bernardo Enrique Brown August, 2013 © 2013 Bernardo Enrique Brown ii UNLIKELY COSMOPOLITANS: MIGRATION AND MORALITY AMONGST SRI LANKAN CATHOLICS Bernardo Enrique Brown, Ph.D. Cornell University, 2013 Sri Lankan Catholic families that successfully migrated to Italy encountered multiple challenges upon their return. Although most of these families set off pursuing very specific material objectives through transnational migration, the difficulties generated by return migration forced them to devise new and creative arguments to justify their continued stay away from home. This ethnography traces the migratory trajectories of Catholic families from the area of Negombo and suggests that – due to particular religious, historic and geographic circumstances– the community was able to develop a cosmopolitan attitude towards the foreign that allowed many of its members to imagine themselves as ―better fit‖ for migration than other Sri Lankans. But this cosmopolitanism was not boundless, it was circumscribed by specific ethical values that were constitutive of the identity of this community. For all the cosmopolitan curiosity that inspired people to leave, there was a clear limit to what values and practices could be negotiated without incurring serious moral transgressions. My dissertation traces the way in which these iii transnational families took decisions, constantly navigating between the extremes of a flexible, rootless cosmopolitanism and a rigid definition of identity demarcated by local attachments. Through fieldwork conducted between January and December of 2010 in the predominantly Catholic region of Negombo, I examine the work that transnational migrants did to become moral beings in a time of globalization, individualism and intense consumerism. -
CHAP 9 Sri Lanka
79o 00' 79o 30' 80o 00' 80o 30' 81o 00' 81o 30' 82o 00' Kankesanturai Point Pedro A I Karaitivu I. Jana D Peninsula N Kayts Jana SRI LANKA I Palk Strait National capital Ja na Elephant Pass Punkudutivu I. Lag Provincial capital oon Devipattinam Delft I. Town, village Palk Bay Kilinochchi Provincial boundary - Puthukkudiyiruppu Nanthi Kadal Main road Rameswaram Iranaitivu Is. Mullaittivu Secondary road Pamban I. Ferry Vellankulam Dhanushkodi Talaimannar Manjulam Nayaru Lagoon Railroad A da m' Airport s Bridge NORTHERN Nedunkeni 9o 00' Kokkilai Lagoon Mannar I. Mannar Puliyankulam Pulmoddai Madhu Road Bay of Bengal Gulf of Mannar Silavatturai Vavuniya Nilaveli Pankulam Kebitigollewa Trincomalee Horuwupotana r Bay Medawachchiya diya A d o o o 8 30' ru 8 30' v K i A Karaitivu I. ru Hamillewa n a Mutur Y Pomparippu Anuradhapura Kantalai n o NORTH CENTRAL Kalpitiya o g Maragahewa a Kathiraveli L Kal m a Oy a a l a t t Puttalam Kekirawa Habarane u 8o 00' P Galgamuwa 8o 00' NORTH Polonnaruwa Dambula Valachchenai Anamaduwa a y O Mundal Maho a Chenkaladi Lake r u WESTERN d Batticaloa Naula a M uru ed D Ganewatta a EASTERN g n Madura Oya a G Reservoir Chilaw i l Maha Oya o Kurunegala e o 7 30' w 7 30' Matale a Paddiruppu h Kuliyapitiya a CENTRAL M Kehelula Kalmunai Pannala Kandy Mahiyangana Uhana Randenigale ya Amparai a O a Mah Reservoir y Negombo Kegalla O Gal Tirrukkovil Negombo Victoria Falls Reservoir Bibile Senanayake Lagoon Gampaha Samudra Ja-Ela o a Nuwara Badulla o 7 00' ng 7 00' Kelan a Avissawella Eliya Colombo i G Sri Jayewardenepura -
Reforming Sri Lankan Presidentialism: Provenance, Problems and Prospects Volume 2
Reforming Sri Lankan Presidentialism: Provenance, Problems and Prospects Edited by Asanga Welikala Volume 2 18 Failure of Quasi-Gaullist Presidentialism in Sri Lanka Suri Ratnapala Constitutional Choices Sri Lanka’s Constitution combines a presidential system selectively borrowed from the Gaullist Constitution of France with a system of proportional representation in Parliament. The scheme of proportional representation replaced the ‘first past the post’ elections of the independence constitution and of the first republican constitution of 1972. It is strongly favoured by minority parties and several minor parties that owe their very existence to proportional representation. The elective executive presidency, at least initially, enjoyed substantial minority support as the president is directly elected by a national electorate, making it hard for a candidate to win without minority support. (Sri Lanka’s ethnic minorities constitute about 25 per cent of the population.) However, there is a growing national consensus that the quasi-Gaullist experiment has failed. All major political parties have called for its replacement while in opposition although in government, they are invariably seduced to silence by the fruits of office. Assuming that there is political will and ability to change the system, what alternative model should the nation embrace? Constitutions of nations in the modern era tend fall into four categories. 1.! Various forms of authoritarian government. These include absolute monarchies (emirates and sultanates of the Islamic world), personal dictatorships, oligarchies, theocracies (Iran) and single party rule (remaining real or nominal communist states). 2.! Parliamentary government based on the Westminster system with a largely ceremonial constitutional monarch or president. Most Western European countries, India, Japan, Israel and many former British colonies have this model with local variations. -
Update UNHCR/CDR Background Paper on Sri Lanka
NATIONS UNIES UNITED NATIONS HAUT COMMISSARIAT HIGH COMMISSIONER POUR LES REFUGIES FOR REFUGEES BACKGROUND PAPER ON REFUGEES AND ASYLUM SEEKERS FROM Sri Lanka UNHCR CENTRE FOR DOCUMENTATION AND RESEARCH GENEVA, JUNE 2001 THIS INFORMATION PAPER WAS PREPARED IN THE COUNTRY RESEARCH AND ANALYSIS UNIT OF UNHCR’S CENTRE FOR DOCUMENTATION AND RESEARCH ON THE BASIS OF PUBLICLY AVAILABLE INFORMATION, ANALYSIS AND COMMENT, IN COLLABORATION WITH THE UNHCR STATISTICAL UNIT. ALL SOURCES ARE CITED. THIS PAPER IS NOT, AND DOES NOT, PURPORT TO BE, FULLY EXHAUSTIVE WITH REGARD TO CONDITIONS IN THE COUNTRY SURVEYED, OR CONCLUSIVE AS TO THE MERITS OF ANY PARTICULAR CLAIM TO REFUGEE STATUS OR ASYLUM. ISSN 1020-8410 Table of Contents LIST OF ACRONYMS.............................................................................................................................. 3 1 INTRODUCTION........................................................................................................................... 4 2 MAJOR POLITICAL DEVELOPMENTS IN SRI LANKA SINCE MARCH 1999................ 7 3 LEGAL CONTEXT...................................................................................................................... 17 3.1 International Legal Context ................................................................................................. 17 3.2 National Legal Context........................................................................................................ 19 4 REVIEW OF THE HUMAN RIGHTS SITUATION............................................................... -
Sirimavo Bandaranaike Ranasinghe Premadasa And
sc Sirimavo Bandaranaike v. Ranasinghe Premadasa and Another 1 SIRIMAVO BANDARANAIKE v. RANASINGHE PREMADASA AND CHANDANANDA DE SILVA SUPREME COURT G. P. S. DE SILVA, C.J. P. RAMANATHAN, J. S. B. GOONEWARDENE, J. P. R. P. PERERA, J. AND A. S. WIJETUNGA, J. PRESIDENTIAL ELECTION PETITION NO. 1 OF 1989 19 JUNE 1989 TO 30 JUNE 1992 Presidential Election Petition - General intimidation - Non-compliance with provisions o f the Presidential Elections Act No. 15 of 1981 - Failure to conduct a free and fair election in accordance with the provisions of the Presidential Elections Act - Presidential Elections Act No. 15 of 1981 ss. 91 (a), 91 (b) - Interpretation ofs. 91 (a) - Burden o f pro of-ss. 101, 102 Evidence Ordinance. The election to the office of President of Sri Lanka was held on 19 December 1988. There were three candidates namely Sirimavo R. D. Bandaranaike (Petitioner) of the Sri Lanka Freedom Party (SLFP), Ranasinghe Premadasa (1st respondent) of the United National Party (UNP) and Oswin Abeygunasekera of the Sri Lanka Mahajana Party (SLMP). The petitioner received 2289860 or 44.95% of the votes, the 1st respondent 2569199 or 50.43% of the votes and Abeygunasekera 235719 or 4.63% of the votes. The first respondent won by a Majority of 279339 votes. Of the eligible voters 55.32% voted. The 2nd respondent as Commissioner of Elections declared the 1st respondent elected to the office of President of Sri Lanka. The petitioner by petition filed on 09 January 1989 challenged the election of the 1st respondent on the following grounds. -
Sugathapala Mendis and Another V Chandrika Kumaratunga and Others S C ( Waters Edge Case) 339
Sugathapala Mendis and Another v Chandrika Kumaratunga and Others S C ( Waters Edge Case) 339 SUGATHAPALA MENDIS AND ANOTHR V CHANDRIKA KUMARATUNGA AND OTHERS (WATERS EDGE CASE) SUPREME COURT S.N. SILVA, C.J. TILAKAWARDANE, J RATNAYAKE, J. SC FR 352/07. MAY 29, 2008 JUNE 25, 26, 2008 JULY 14, 31,2008 Fundamental Rights - Article 12(1) - Public Interest litigation - Time limit - locus standi - Doctrine of Public Trust - Violation - Is the President subject to the Rule of the Law? - What is public purpose requirement? The petitioners/lntervenient petitioners complained of infringement pertaining to the acquisition of land on the premise that such land would be utilized to serve a public purpose whereas by the impugned executive or administrative action the land was knowingly, deliberately and manipulatively sold to a private entrepreneur to serve as an exclusive private golf resort in Sri Lanka. It was contented that, this was done through a process thatwas conniving and contrary to the equal protection of the law guaranteed by Article 12(1) of the Constitution which assures to the people the Rule of Law. It was further contended that those alleged to have initiated, facilitated and or empowered to achieve this outcome were those from the highest echelons of the executive and included senior officials members of the public sector, statutory bodies of the government, the former President (1st respondent) high government agencies. Held: (1) The Nature of large scale developments is that they occur over-time. In the instant case, though communication with UDA commenced in1997, completion of the project was delegated extensions granted and particulars changed, such that the project at the time this claim was brought remained unfinished. -
Xxxx 31 Xxxxx
CENTER FOR STRATEGIC AND INTERNATIONAL STUDIES (CSIS) A YEAR AFTER THE CIVIL WAR: CHARTING SRI LANKA’S FUTURE WELCOME AND MODERATOR: TERESITA SCHAFFER, DIRECTOR, SOUTH ASIA PROGRAM, CSIS SPEAKER: GAMINI LAKSHMAN PEIRIS, MINISTER OF EXTERNAL AFFAIRS, DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA TUESDAY, MAY 25, 2010 2:30 P.M. WASHINGTON, D.C. Transcript by Federal News Service Washington, D.C. TERESITA SCHAFFER: Good afternoon, ladies and gentlemen, and thank you very much for joining us. Those of you have been here before know that this is the CSIS South Asia Program and I’m Tesi Schaffer, the director. And you probably also know that I had the great pleasure of being U.S. ambassador in Sri Lanka from 1992 to 1995. And one of the particular pleasures of that job was my association with Professor G.L. Peiris in several different capacities during that time, initially as vice chancellor of Colombo University and a distinguished law professor – one of, I think it’s two, former Rhodes scholars in Sri Lanka – and subsequently, after he joined politics, as minister initially for constitutional affairs and then for commerce in the government that was headed, at the time, by Chandrika Kumaratunga. Professor Peiris, inside and outside of government, has always brought great intellectual distinction to what he has done. He was one of the architects of Chandrika Kumaratunga’s constitutional proposals at the time that the effort was on to negotiate a peace with the LTTE. We are now meeting at a very different time. The war was ultimately won on the battlefield rather than resolved at the negotiating table. -
Transitional Justice for Women Ex-Combatants in Sri Lanka
Transitional Justice for Women Ex-Combatants in Sri Lanka Nirekha De Silva Transitional Justice for Women Ex-Combatants in Sri Lanka Copyright© WISCOMP Foundation for Universal Responsibility Of His Holiness The Dalai Lama, New Delhi, India, 2006. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Published by WISCOMP Foundation for Universal Responsibility Of His Holiness The Dalai Lama Core 4A, UGF, India Habitat Centre Lodhi Road, New Delhi 110 003, India This initiative was made possible by a grant from the Ford Foundation. The views expressed are those of the author. They do not necessarily reflect those of WISCOMP or the Foundation for Universal Responsibility of HH The Dalai Lama, nor are they endorsed by them. 2 Contents Acknowledgements 5 Preface 7 Introduction 9 Methodology 11 List of Abbreviations 13 Civil War in Sri Lanka 14 Army Women 20 LTTE Women 34 Peace and the process of Disarmament, Demobilization and Reintegration 45 Human Needs and Human Rights in Reintegration 55 Psychological Barriers in Reintegration 68 Social Adjustment to Civil Life 81 Available Mechanisms 87 Recommendations 96 Directory of Available Resources 100 • Counselling Centres 100 • Foreign Recruitment 102 • Local Recruitment 132 • Vocational Training 133 • Financial Resources 160 • Non-Government Organizations (NGO’s) 163 Bibliography 199 List of People Interviewed 204 3 4 Acknowledgements I am grateful to Dr. Meenakshi Gopinath and Sumona DasGupta of Women in Security, Conflict Management and Peace (WISCOMP), India, for offering the Scholar for Peace Fellowship in 2005. -
Sri Lanka's Vistas of Prosperity and Splendour: a Critique of Promises
2021 Sri Lanka’s Vistas of Prosperity and Splendour: A Critique of Promises Made and Present Trends REPORT CENTRE FOR POLICY ALTERNATIVES The Centre for Policy Alternatives (CPA) is an independent, non-partisan organisation that focuses primarily on issues of governance and conflict resolution. Formed in 1996 in the firm belief that the vital contribution of civil society to the public policy debate is in need of strengthening, CPA is committed to programmes of research and advocacy through which public policy is critiqued, alternatives identified and disseminated. No. 6/5, Layards Road, Colombo 5, Sri Lanka Tel: +9411 2081384, +94112081385, +94112081386 Fax: +9411 2081388 Email: [email protected] Web: www.cpalanka.org Email: [email protected] Facebook: www.facebook.com/cpasl Twitter: @cpasl Publisher: Centre for Policy Alternative (CPA), Colombo, Sri Lanka ISBN number – ISBN978-624-5914-00-5 Bar Code - 9 786245 914005 Copyright © | CPA ACKNOWLEDGEMENTS This paper was researched and written by Bhavani Fonseka and Uvin Dissanayake. Research assistance was provided by Adheeb Anwar, Rajani Chandrasegaram, Mujeebur Rahman & Sandeep Tissaaratchy. Comments on earlier drafts were provided by Dr Paikiasothy Saravanamuttu and Luwie Ganeshathasan. The authors appreciate the assistance provided by several who shared information and insights that informed the findings in the report. ACRONYMS CDF Civil Defense Force ECT East Container Terminal FTZ Free Trade Zone GSP Generalized System of Preference GDP Gross Domestic Product ICCPR International Covenant -
Sri Lanka Assessment
SRI LANKA COUNTRY ASSESSMENT October 2002 Country Information & Policy Unit IMMIGRATION & NATIONALITY DIRECTORATE HOME OFFICE, UNITED KINGDOM Sri Lanka October 2002 CONTENTS 1. Scope of Document 1.1 - 1.4 2. Geography 2.1 - 2.4 3. Economy 3.1 - 3.2 4. History 4.1 - 4.79 - Independence to 1994 4.1 - 4.10 - 1994 to the present 4.11 - 4.50 - The Peace Process January 2000 - October 4.51 - 4.79 2002 5. State Structures 5.1 - 5.34 The Constitution 5.1 - 5.2 - Citizenship and Nationality 5.3 - 5.4 Political System 5.5. - 5.7 Judiciary 5.8 - 5.10 Legal Rights/Detention 5.11 - 5.21 - Death penalty 5.22 - 5.23 Internal Security 5.24 - 5.25 Prisons and Prison Conditions 5.26 Military Service 5.27 - 5.28 Medical Services 5.29 - 5.33 Educational System 5.34 6. Human Rights 6.1 - 6.168 6.A Human Rights Issues 6.1 - 6.51 Overview 6.1 - 6.4 Freedom of Speech and the Media 6.5 - 6.8 - Treatment of journalists 6.9 - 6.11 Freedom of Religion - Introduction 6.12 - Buddhists 6.13 - Hindus 6.14 - Muslims 6.15 - 6.18 - Christians 6.19 - Baha'is 6.20 Freedom of Assembly & Association 6.21 - Political Activists 6.22 - 6.26 Employment Rights 6.27 - 6.32 People Trafficking 6.33 - 6.35 Freedom of Movement 6.36 - 6.43 - Immigrants and Emigrants Act 6.44 - 6.51 6.B Human Rights - Specific Groups 6.52 - 6.151 Ethnic Groups - Tamils and general Human Rights Issues 6.52 - 6.126 - Up-country Tamils 6.127 - 6.130 - Indigenous People 6.131 Women 6.132 - 6.139 Children 6.140 - 6.145 - Child Care Arrangements 6.146 - 6.150 Homosexuals 6.151 6.C Human Rights - Other Issues