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Law, Justice and Governance in Sri Lanka

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Law, Justice and Governance in Sri Lanka Aspects of 50 Years of Law, Justice and Governance in Sri Lanka A Compilation of Papers Presented at The Conference on 50 Years of Law, Justice and Governance in Sri Lanka Aspects of 50 Years of Law, Justice and Governance in Sri Lanka A Compilation of Papers Presented at The Conference on 50 Years of Law, Justice and Governance in Sri Lanka Law & Society Trust 3, Kynsey Terrace Colombo 8 Sri Lanka Aspects of fifty years of Law, Justice & Governance in Sri Lanka © Law & Society Trust March 2005 ISBN 955 - 9062 - 97 - 2 II Aspects of fifty years of Law, Justice & Governance in Sri Lanka Contents Fifty Years of Civil Society Activism in Sri Lanka 1 A General Overview of the Media in Sri Lanka since Independence 33 Judiciary The Human Rights Commission and the Ombudsman 77 “Engaging in Participatory Law Reform” 95 The role of the Law Commission as a Legal Institution in Sri Lanka ‘Justicising’ the Law: 137 Public Accountability of the Sri Lankan Legal Profession during the past 50 years Commercial Law 163 Fifty Years of Sri Lanka’s participation in International Trade 185 Is there anyone out there who is watchful in the Public Interest? A brief Examination of Privatisation and the importance of Regulatory Regimes 205 An Appraisal of the Income Tax Laws of Sri Lanka: A Human Rights Perspective 213 A General Overview of the National Intellectual property regime in Sri Lanka since Independence 229 Criminal Law in Sri Lanka 225 General Overview of the Police System in Sri Lanka 269 A General Overview of the Prison System in Sri Lanka since Independence 303 A General Overview of Labour Law in Sri Lanka since Independence 321 Wither Environmental Law in Sri Lanka: 351 Tracing 50 Years of Environmental Law in Sri Lanka Her Opportunities and Her Rights: The Dilemma of the Migrant Worker 373 The Story of National Security Laws in Sri Lanka 399 The Law relating to Children in Sri Lanka after Independence: A General Overview 435 III Aspects of fifty years of Law, Justice & Governance in Sri Lanka Contributors Fifty Years of Civil Society Activism in Sri Lanka Bradman Weerakoon A General Overview of the Media in Sri Lanka since Independence Victor Gunewardena Judiciary R.K.W. Goonesekere The Human Rights Commission and the Ombudsman Ambika Satkunanathan “Engaging in Participatory Law Reform” The role of the Law Commission as a Legal Institution in Sri Lanka (Dr.) Jayantha de Almeida Guneratne ‘Justicising’ the Law: Public Accountability of the Sri Lankan Legal Profession during the past 50 years Kishali Pinto-Jayawardena Commercial Law Indira Nanayakkara Fifty Years of Sri Lanka’s participation in International Trade Dr. Saman Kelegama A brief Examination of Privatisation and the importance of Regulatory Regimes Chanaka de Silva An Appraisal of the Income Tax Laws of Sri Lanka: A Human Rights Perspective Shivaji Felix IV Aspects of fifty years of Law, Justice & Governance in Sri Lanka A General Overview of the National Intellectual property regime in Sri Lanka since Independence Dr. D. M. Karunaratne Criminal Law in Sri Lanka Dr. Buvanasundari Buvanasundaram General Overview of the Police System in Sri Lanka Chandra Fernando A General Overview of the Prison System in Sri Lanka since Independence H. G. Dharmadasa A General Overview of Labour Law in Sri Lanka since Independence Geoffrey Alagaratnam Wither Environmental Law in Sri Lanka: Tracing 50 Years of Environmental Law in Sri Lanka Dr. Sumudu Atapattu Her Opportunities and Her Rights: The Dilemma of the Migrant Worker Shyamala Gomez The Story of National Security Laws in Sri Lanka J. C. Weliamuna The Law relating to Children in Sri Lanka after Independence: A General Over- view Rohana Rathnayake V Aspects of fifty years of Law, Justice & Governance in Sri Lanka Abrreviations ABC - Audit Bureau of Circulation ANCL - Associated Newspapers of Ceylon Ltd BASL - Bar Association of Sri Lanka BBC - British Broadcasting Corporation BIMSTEC - Bangladesh, India, Myanmar, Sri Lanka, Thailand Economic Cooperation BOI - Board of Investment BP - British Petroleum CAT - United Nations Committee Against Torture CBC - Ceylon Broadcasting Corporation CBD - Convention on Biological Diversity CDS - Community Development Service CEA - Central Environmental Authority CEDAW - Convention on the Elimination of all Forms of Discrimination against Women CID - Criminal Investigation Department CINTEC - Computer and Information Technology Council of Sri Lanka CMEV - Centre for the Monitoring of Election Violence CP - Communist party CRC - Convention on the Rights of the Child CSO - Civil Society Organisation CYPO - Children and Young Persons Ordinance VI Aspects of fifty years of Law, Justice & Governance in Sri Lanka CZOP - Children as Zones of Peace DIG - Deputy Inspector General of Police DIT - Department of Internal Trade EC - European Community EDB - Export Development Board EIA - Environmental Impact Assessment EMPPR - Emergency Miscellaneous Provisions and Powers Regulations EPF - Employees’ Provident Fund EPL - Environmental Protection Licence EU - European Union FCD - Food Commissioner’s Department FDI - Foreign Direct Investment FIAC - Foreign Investment Advisory Committee FTC - Fair Trading Commission FTZ - Free Trade Zone GCEC - Greater Colombo Economic Commission GST - Goods and Services Tax GSTP - Global System of Trade Preferences HR - Human Rights HRC - Human Rights Commission HRTF - Human Rights Task Force VII Aspects of fifty years of Law, Justice & Governance in Sri Lanka ICCPR - International Covenant on Civil and Political Rights ICJ - International Commission of Jurists ICRC - International Committee of Red Cross IEE - Initial Environmental Examination Report ILO - International Labour Organization IMF - International Monetary Fund IOR-ARC - Indian Ocean Rim Association for Regional Cooperation IT - Information Technology ITN - Independent Television Network JEDB - Janatha Estate Development Board JICA - Japan International Cooperation Agency JSC - Judicial Service Commission JVP - Janatha Vimukthi Peramuna LTTE - Liberation Tigers of Tamil Eelam MFA - Multi-Fibre Agreement MLRC - Media Law Reform Committee MNC - Multi National Corporations MSF - Medecins Sans Frontieres NARA - National Aquatic Resources Agency NEA - National Environmental Act NGO - Non-Governmental Organisation VIII Aspects of fifty years of Law, Justice & Governance in Sri Lanka NIBM - National Institute of Business Management NSSP - Nava Samasamaja Party PAA - Project Approving Agencies PAFFREL - Peoples Action for Free and Fair Elections PEACE - Protecting Environment and Children Everywhere PERC - Public Enterprise Reform Commission PGIM - Post Graduate Institute of Management PHTI - Police Higher Training Institute PMB - Paddy Marketing Board PSO - Public Security Ordinance PTA - Prevention of Terrorism Act PTC - Presidential Tariff Commission RBP - Restrictive Business Practices SAARC - South Asian Association for Regional Cooperation SAPTA - South Asian Preferential Trading Agreement SCF - Save the Childrens Fund SEA - Strategic Environmental Assesment SLBFE - Sri Lanka Bureau of Foreign Employment SLFP - Sri Lanka Freedom Party SLIDA - Sri Lanka Institute of Development Administration SLRC - Sri Lanka Rupavahini Corporation IX Aspects of fifty years of Law, Justice & Governance in Sri Lanka SPCI - Special Presidential Commission of Inquiry STF - Special Task Force TRIPS - Trade Related Aspects of Intellectual Property Rights TULF - Tamil United Liberation Front UNDP - United Nations Development Programme UNFPA - United Nations Population Fund UNGA - United Nations General Assembly UNHCR - United Nations High Commissioner for Refugees UNICEF - United Nations Children’s Fund UNP - United National Party VSSO - Voluntary Social Services Organisation WFP - World Food Programme WHO - World Health Organisation WIPO - World Intellectual Property Organisation X Aspects of fifty years of Law, Justice & Governance in Sri Lanka Foreword This book contains a compilation of papers presented at the conference organized by Law & Society Trust on Law, Justice and Governance at the Taj Samudra Hotel in November 2000. The occasion was the commemoration of fifty years of independence in Sri Lanka, which fell on 4th February 1998. Although the conference was to coincide with the fiftieth anniversary of Sri Lanka’s independence, it was postponed due to other pressing matters. The various topics discussed at the conference seek to trace the progress of law, justice and governance in the post independent Sri Lanka relevant to that particular area. The subject areas cover a wide range of issues including the media, the judiciary, international trade, commercial law, income tax law, labour law, national security laws, the police system, prisons, environmental law, children’s rights etc. Specific topics were assigned to individuals with special competence in the relevant areas. It is hoped that this book would contain interesting material for readers and that it would give them an idea of the progress and development of law, justice and governance in the specific areas. However it must be noted that the various articles contained in the book have been published as they were presented in the year 2000 without any revision whatsoever and that certain changes may have occurred since then especially, in relation to the legal status. March 2005 Law & Society Trust XI Fifty years of Civil Society Activism in Sri Lanka FIFTY YEARS OF CIVIL SOCIETY ACTIVISM IN SRI LANKA Bradman Weerakoon* INTRODUCTION This paper has two broad objectives. Firstly,
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