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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. -
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. -
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. -
ORDER BOOK of PARLIAMENT from Tuesday, November 03, 2009 Inclusive Issued on Friday, October 23, 2009
( ) [ Sixth Parliament — Fourth Session] No. 2.] ORDER BOOK OF PARLIAMENT From Tuesday, November 03, 2009 inclusive Issued on Friday, October 23, 2009 Tuesday, November 03, 2009 QUESTIONS FOR ORAL ANSWERS 0640/’09 1. Hon. R.P.A Ranaweera Pathirana,—To ask the Minister of Transport,— (a) Will he inform this House of — (i) the name of the railway station up to which the trains could be operated beyond Anuradhapura due to the war situation prevailed in the North; and (ii) the name of the railway station up to which the trains were operated and the date on which it was done if the trains were operated beyond Vavuniya after the end of the war?; (b) Will he submit to this House— (i) whether a ceremony was held to mark the commencements of train service beyond Vavuniya; (ii) if so, the date on which it was held; and (iii) the number of times that the trains were operated in those railway lines on the same days in each month subsequent to the above mentioned ceremony? (c) Will he admit that even though a train service was started to North, the number of trips are not sufficient to meet the needs of the transport requirement of the commuters? (d) If not, why? (2) 0660/’09 2. Hon. Lakshman Nipunaarachchi,—To ask the Minister of Urban Development and Sacred Area Development,— (a) Will he inform this House— (i) of the date on which the ‘Sandasiri Wickremaarachchi one member committee’ was appointed to look into the problems faced by the people in the area owing to the Lunawa Development Project; (ii) of the summary of the report submitted by the aforesaid committee; (iii) of the date on which the report was submitted; (iv) whether there were occasions when requests were made to submit the relevant report to the Parliament; and (v) of the reasons for not submitting this report to the Parliament up to now? (b) If not, why? 0699/’09 3. -
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 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 -
Order Paper Parliament
[ Sixth Parliament - Second Session] No. 126.] ORDER PAPER OF PARLIAMENT FOR Friday, July 06, 2007 at 9.30 a.m. QUESTIONS FOR ORAL ANSWERS 0943/’07 1. Hon. R. P. A. Ranaweera Pathirana ,— To ask the Minister of Petroleum and Petroleum Resources Development,—(1) (a) Will he inform this House— (i) the number of vehicles obtained for the Minister of Petroleum Resources (non Cabinet) and his personal staff; (ii) the basis on which these vehicles have been obtained; (iii) out of them, the number of vehicles obtained on hire or contract basis? (b) Will he state in this House from which institutions or individuals the said vehicles have been obtained, along with their names and addresses? (c) Will he state separately in respect of each vehicle— (i) the types of such vehicles; (ii) the amount of money spent on those vehicles and the amount of the money allocated for fuel, monthly and annually? (d) Will he state— (i) if drivers had been recruited for these vehicles, the basis on which they were recruited; (ii) their salaries and allowances? (e) if not, why? ( 2 ) 0944/’07 2. Hon. R. P. A. Ranaweera Pathirana ,— To ask the Prime Minister, Minister of Internal Administration, and Deputy Minister of Defence, Public Security, Law and Order,—(1) (a) Will he inform this House— (i) the number of vehicles obtained for the Minister of State Revenue and Finance (non Cabinet) and his personal staff; (ii) the basis on which these vehicles have been obtained; (iii) out of them, the number of vehicles obtained on hire or contract basis? (b) Will he state in this House from which institutions or individuals the said vehicles have been obtained, along with their names and addresses? (c) Will he state separately in respect of each vehicle— (i) the types of such vehicles; (ii) the amount of money spent on those vehicles and the amount of the money allocated for fuel, monthly and annually? (d) Will he state— (i) if drivers had been recruited for these vehicles, the basis on which they were recruited; (ii) their salaries and allowances? (e) if not, why? 0945/’07 3. -
Majoritarian Politics in Sri Lanka: the ROOTS of PLURALISM BREAKDOWN
Majoritarian Politics in Sri Lanka: THE ROOTS OF PLURALISM BREAKDOWN Neil DeVotta | Wake Forest University April 2017 I. INTRODUCTION when seeking power; and the sectarian violence that congealed and hardened attitudes over time Sri Lanka represents a classic case of a country all contributed to majoritarianism. Multiple degenerating on the ethnic and political fronts issues including colonialism, a sense of Sinhalese when pluralism is deliberately eschewed. At Buddhist entitlement rooted in mytho-history, independence in 1948, Sinhalese elites fully economic grievances, politics, nationalism and understood that marginalizing the Tamil minority communal violence all interacting with and was bound to cause this territorialized community stemming from each other, pushed the island to eventually hit back, but they succumbed to towards majoritarianism. This, in turn, then led to ethnocentrism and majoritarianism anyway.1 ethnic riots, a civil war accompanied by terrorism What were the factors that motivated them to do that ultimately killed over 100,000 people, so? There is no single explanation for why Sri democratic regression, accusations of war crimes Lanka failed to embrace pluralism: a Buddhist and authoritarianism. revival in reaction to colonialism that allowed Sinhalese Buddhist nationalists to combine their The new government led by President community’s socio-economic grievances with Maithripala Sirisena, which came to power in ethnic and religious identities; the absence of January 2015, has managed to extricate itself minority guarantees in the Constitution, based from this authoritarianism and is now trying to on the Soulbury Commission the British set up revive democratic institutions promoting good prior to granting the island independence; political governance and a degree of pluralism. -
Overview Print Page Close Window
World Directory of Minorities Asia and Oceania MRG Directory –> Sri Lanka –> Sri Lanka Overview Print Page Close Window Sri Lanka Overview Environment Peoples History Governance Current state of minorities and indigenous peoples Environment The Democratic Socialist Republic of Sri Lanka (formerly known as Ceylon) comprises one large, compact island and several islets, separated from the Indian subcontinent by a strip of sea which at its narrowest point is 40 kilometres and centrally located in the Indian Ocean, lying off the southern tip of India. Sri Lanka is strategically placed in the Indian Ocean, alongside major trading routes from the Far East, Europe as well as from Africa. In contrast to other South Asian countries, Sri Lanka's population has not shown an excessive growth since independence and the country boasts of high social development indicators, including a high literacy rate (by some accounts 96 per cent). Peoples Main languages: Sinhala (official and national language), Tamil (national language), English Main religions: Buddhism, Hinduism, Islam, Christianity Minority and indigenous groups include Sri Lankan Tamils(12.7%) (1981), Indian Tamil (5.5%) (1981) Muslims(7.4%) (1981), Veddhas2,000 (1981 Census), and Burghers (0.3%) (1981). A census was conducted in 2001 however it was not carried out in 7 districts in the conflict area which are all minority populous areas. Sri Lanka has a plural society. The majority group, the Sinhalese, speak a distinctive language (Sinhala) related to the Indo-Aryan tongues of north India, and are mainly Buddhist. There are two groups of Tamils: ‘Sri Lankan Tamils' (also known as ‘Ceylon' or ‘Jaffna' Tamils) are the descendants of Tamil-speaking groups who migrated from south India many centuries ago; and ‘Up Country Tamils' (also known as ‘Indian' or ‘estate' Tamils), who are descendants of comparatively recent immigrants. -
Accommodating Minorities Into Sri Lanka's Post-Civil War State
E-ISSN 2281-4612 Academic Journal of Interdisciplinary Studies Vol 9 No 6 November 2020 ISSN 2281-3993 www.richtmann.org . Research Article © 2020 Fazil et.al.. This is an open access article licensed under the Creative Commons Attribution-NonCommercial 4.0 International License (https://creativecommons.org/licenses/by-nc/4.0/) Accommodating Minorities into Sri Lanka’s Post-Civil War State System: Government Initiatives and Their Failure Mansoor Mohamed Fazil1* Mohamed Anifa Mohamed Fowsar1 Vimalasiri Kamalasiri1 Thaharadeen Fathima Sajeetha1 Mohamed Bazeer Safna Sakki1 1Department of Political Science, Faculty of Arts and Culture, South Eastern University of Sri Lanka, University Park, Oluvil, Sri Lanka *Corresponding Author DOI: https://doi.org/10.36941/ajis-2020-0132 Abstract Many observers view the defeat of the Liberation Tigers of Tamil Eelam (LTTE) in May 2009 as a significant turning point in the protracted ethnic conflict that was troubling Sri Lanka. The armed struggle and the consequences of war have encouraged the state and society to address the group rights of ethnic minorities and move forward towards state reconstitution. The Tamil minority and international community expect that the Government of Sri Lanka (GOSL) must introduce inclusive policies as a solution to the ethnic conflict. They believe the state should take measures to avoid another major contestation through the lessons learned from the civil war. The study is a qualitative analysis based on text analysis. In this backdrop, this paper examines the attempts made for the inclusion of minorities into the state system in post-civil war Sri Lanka, which would contribute to finding a resolution to the ethnic conflict. -
Resettlement Plan SRI: Preparing the Green Power Development And
Resettlement Plan Document Stage: Draft Project Number: (SRI) 47037-005 October 2016 SRI: Preparing the Green Power Development and Energy Efficiency Improvement Investment Program – Tranche 2 Prepared byCeylon Electricity Board, Ministry of Power and Renewable Energy, Government of Sri Lanka for Asian Development Bank. This is an updated version of the draft originally posted in July 2016 available on https://www.adb.org/projects/documents/sri-gpdeeiip-t2-jul-2016-rp. CURRENCY EQUIVALENTS (as of 26 September 2016) Currency unit – Sri Lanka rupee/s (SLRe/SLRs) SLRe1.00 = $0.00684 $1.00 = SLRs146.30 ABBREVIATIONS ADB - Asian Development Bank AP - Affected Persons CEB - Ceylon Electricity Board CPR - Common Property Recourses DP - Displaced Person DS - Divisional Secretary EA - Executing Agency GoSL - Government of Sri Lanka GRC - Grievance Redressal Committee GRM - Grievance Redress Mechanism HH - Households IA - Implementing Agency IP - Indigenous People IR - Involuntary Resettlement LAA - Land Acquisition Act-1950 LKR - Sri Lankan Rupees MFF - Multi-tranche Financing Facility MLLD - Ministry of Land and Land Development MPRE - Ministry of Power and Renewable Energy NEA - National Environment Act NIRP - National Involuntary Resettlement Policy PAA - Project Approving Agency PEA - Project Executing Agency PIU - Project Implementation Unit PMU - Project Management Unit RF - Resettlement Framework RoW - Right of Way RP - Resettlement Plan SIA - Social Impact Assessment SPS - Safeguard Policy Statement WHH - Women Headed Household NOTES (i) The fiscal year (FY) of the Government of Sri Lanka and its agenciesbegins in Janauary and ends in December. (ii) In this report, "$" refers to US dollars. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.