Civil and Political Rights

SRI LANKA: Participatory Constitution-making – The essentials

By Basil Fernando Today, there is a consensus that Sri Lanka has entered into a period of crisis that is worse than it has ever faced in recent history. It is also agreed among most of the people who are highly knowledgeable in the field of economics and financing that this crisis will last for […]

SRI LANKA: Who should be in the constitutional convention?

The making of a new Constitution through a constitutional convention is now being discussed in the community. This is against the privately-drafted Constitution through a group of lawyers which the Government intends to introduce in early 2022. The difference between such a Constitution and one that is made with the participation of many groups and […]

SRI LANKA: Legal arguments against the proposal to present the draft Constitution

The basic legal argument against the proposal to present the draft Constitution is as follows; The proposal is based on a false premise as it denies the process of the making of the Constitution whereas it must provide everyone and every group of people the right of participation as it is a Constitution of the […]

INDONESIA: Constitutional Court Decision on the Review of the Omnibus Law Regulation: a decision that mocks the Constitution and the people

On November 25, 2021, the Constitutional Court in its judgment Number 91/PUU-XVIII/2020 stated in essence: 1. The Establishment of the Law Number 11 of 2020 concerning Job Creation is contrary to the 1945 Constitution and does not have conditionally binding legal force as long as it does not mean “no amendments have been made within two […]

SRI LANKA: A People’s Constitution; The Need To Think Outside The Box

By Basil Fernando The discussion on the making of a new constitution through an intensely participatory process, as against underhand methods, is now on. These are a few thoughts as a response to some questions that are being discussed. In dealing with the problem of the 1978 Constitution, we are in fact confronted with the […]

SRI LANKA: Court order prohibiting Human Rights Day event in Kandy

A Statement from Human Rights Office Kandy forwarded by the Asian Human Rights Commission Human Rights Office Kandy (HROK) had organized an event to celebrate international Human Rights Day on 11th December 2021 in Kandy, based on the theme “Ensure the Prisoners their Dignity and Rights to Human Conditions”. As in previous such events, a […]

NEPAL: THE STATE IS FAILING ITS CITIZENS

Statement | Nepal | 10-12-2021

A Statement by the Asian Human Rights Commission on the occasion of the 73rd International Human Rights Day Nepal underwent its third cycle of the UN Human Rights Council’s Periodic Review (UPR) in Geneva in January 2021. Nepal has ratified over 24 various human rights conventions and declarations but has been weak in its implementation. […]

INDIA: A botched up counter insurgency operation and murders most foul

Statement | India | 09-12-2021

Fifteen people including one soldier were killed in Mon district of the North Eastern state of Nagaland in India in what the security forces are calling a botched up operation that unfolded in several batches. Though the details of the botched up encounter are still hazy and contested, the gravity of the incident was lost […]

SRI LANKA: Defeating the spurious constitution

An article from Daily Financial Times forwarded by the Asian Human Rights Commission The constitution can be considered as the supreme law that determines the rights of citizens to life liberty and property and also the most sacred legal document which establishes the structure and the functions of state rule. With the transfer of the […]

INDONESIA: A police officer who slammed a student activist must be prosecuted under the fair trial principle

On Wednesday, October 13, 2021, a video with a duration of approximately 45 seconds circulated, which once again showed the brutality of a police officer. Here is the video link. In the video, a police officer can be seen slamming a participant of a demonstration onto the sidewalk, causing the person concerned to lie down and […]

BANGLADESH: Sweeping Empowerment of Executive Authorities with Impunity in Personal Data Protection Bill will Endanger Rights Activism and Research

Bangladesh’s incumbent Government is about to adopt a new law titled “Personal Data Protection Bill” (PDP Bill). Citing the excuse of protecting the right to protection of citizens’ personal data the Bangladesh Government copied the European Union’s General Data Protection Regulations (GDPR) of 2016. They revised it, fitting to the conveniences of an authoritarian rule. It has drastically […]

SRI LANKA: Legal and Societal Consequences Arising from the Failure to Deal with Enforced Disappearances

(Issued on 27 October 2021, 31st annual commemoration of the disappeared in Sri Lanka.) A statement on enforced disappearances Every year, on the 27th of October, there is a commemoration of the persons who have been made to disappear by force. The day is called ‘the day of commemoration of the enforced disappearances. On this […]

SRI LANKA: Beware: The Third Readymade Constitution is Coming Soon

Professor G.L. Peiris has announced that the drafting process of the Constitution is over and that the text is ready. He said that it was to be presented to the Parliament in January next year. President Gotabaya Rajapaksa, in a televised speech, referred to the Constitution being drafted within the course of next year. This […]

SRI LANKA: A forwarded interview. On the objection to the new constitution proposed by the government

A video presentation produced by Mr. Victor Ivan published by the Asian Human Rights Commission The Asian Human Rights Commission wishes to share with you the following video produced by Mr. Victor Ivan Kindly see the following link for a valuable interview with Victor Ivan on the objection to the new constitution proposed by the […]

SRI LANKA: CPC Amendment Bill Will Undermine The Role, Function & The Independence Of Judiciary

By Basil Fernando There are many objections that can be taken against the proposed Code of Criminal Procedure Bill on the basis of the unconstitutionality of many of the provisions of the Bill. Some of these objections are as follow; The essence and core of the Bill is to dispense with the requirements of the […]

SRI LANKA: The proposed amendment to CPC will create serious problems for administration of justice

By Basil Fernando The proposed Code of Criminal Procedure (Amendment) Bill to amend the Code of Criminal Procedure Act No. 15 of 1979 will open up a Pandora’s box of serious abuses. In essence what the Bill proposes is to allow Magistrates to dispense with the personal attendance in court of a suspect or accused. […]

SRI LANKA: THAT NONSENSE CALLED CRIMINAL JUSTICE

Basil Fernando A guy enters into two prisons with a gang of his friends. In one of the prisons he threatens a group of prisoners undergoing trial by placing his pistol on the forehead of one. He tells them what they should do about their case. Inside another prison he wants his friends and himself […]

ASIA: Human Rights Council’s Interventions Should be Contextually Realistic

An Oral Statement to the 48th Regular Session of the UN Human Rights Council from the Asian Legal Resource Centre (ALRC) Madam President, We wish to bring to the attention of the Human Rights Council that a serious undermining of the rule of law is happening in several countries of Asia such as the Philippines, […]

BANGLADESH: Jibon or Jibika: The struggle for life and livelihood amid pandemic

An article from ubinig.org forwarded by the Asian Human Rights Commission Introduction Conventional narratives, mostly nationalist, statist and GDP centered neo-liberal statistical accounts of development, outright miss or intentionally exclude certain salient facts about the stylized story of Bangladesh development. Bangladesh has been born through a bloody liberation struggle, but nationalist narrative exclude the fact that it […]

SRI LANKA: Women take humans rights to the mainstream

By Basil Fernando Human rights have now become very much an integral part of public discussions in almost all public media. At one time, it remained an interest confined to a few groups and persons who were either advocates of human rights or those who attacked the very notion of human rights as part of […]