Civil and Political Rights

SRI LANKA: Election 2019 – Hamlet without a Prince of Denmark

By Basil Fernando The 2019 election has not generated any real enthusiasm among the people. There have been the usual rituals of meetings, distribution of rice parcels, promises of other little santhosom (gifts) – those are what the sovereign people of Sri Lanka have been offered. In reality, they have been left with a beggar’s […]

SRI LANKA: What happens to the people happens also to judges, lawyers, and others

A comment on the memoir of Former Chief Justice Dr Shiranee Bandaranayake entitled “Hold Me in Contempt” Basil Fernando Attorney-At-Law This memoir by former Chief Justice Dr. Shirani Bandaranayake on the (now nullified) impeachment is a significant contribution to the cause of promoting the independence of judiciary in Sri Lanka. Its significance lies in the […]

WORLD: A NATION IS NOT MERELY TERRITORY OR AN IDEOLOGY BUT A COLLECTIVE CONSCIOUSNESS

By Basil Fernando Legalistically speaking, a nation is a people living together in a particular geographical region. But legal definitions do not create a nation. The meaning of nation is far deeper than any legal definition of it. Often politicians define a nation in terms of ideologies. For example, if a nation at a given […]

SRI LANKA: Weaponisation of Ambiguity – Sri Lanka’s 1978 Constitution

  By Basil Fernando  The 1978 Constitution of Sri Lanka is an outstanding example of how meaning can be manipulated through the weaponisation of ambiguity. It uses language that gives the appearance of a liberal democratic constitution of a republic while also putting in place various devices that severely undermine all the basic norms and standards […]

WORLD: Affirming rights by ratification, denying rights in actual practice

Statement | World | 19-09-2019

Affirming something through a declaration and denying the same in actual practice happens everywhere, but the real test of affirmation is the degree to which something is practiced. When what is affirmed and what is actually practiced is virtually divorced then the very act of affirmation becomes a mockery. That, unfortunately, is the situation regarding […]

PHILIPPINES: Extrajudicial killing of jurists as part of a pattern of widespread and systematic violations of human rights

A Joint Written Submission to the 42nd Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre and Lawyers’ Rights Watch Canada 1. Introduction Since 30 June 2016, the Government of the Republic of the Philippines (the Philippines) has engaged in a campaign of extrajudicial killing in violation of the […]

CAMBODIA: The roots of Cambodia’s persistent rights violations: Impunity of the powerful

A Joint Written Submission to the 42nd Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre and Lawyers Rights Watch Canada 1. Introduction Human rights in the Kingdom of Cambodia have remained a constant concern for decades, but recent years have seen marked deterioration of respect, protection and fulfilment […]

THAILAND: CONTEMPT OF COURT over critics of decision on MP’s media shareholding

A Statement from Thai Lawyers for Human Rights forwarded by the Asian Human Rights Commission Case Between the Election Cases Division of the Supreme Court and Sarinee Achavanuntakul, Thai academic                                                    […]

WORLD: UN Human Rights Council should address human rights crisis in Cambodia at its 42nd session

A Joint Statement by the Asian Legal Resource Centre and 27 human rights organisaitons To Members and Observer States of the United Nations Human Rights Council 30 August 2019 Dear Excellency, The undersigned civil society organizations, representing groups working within and outside Cambodia to advance human rights, rule of law, and democracy, are writing to […]

AHRC TV: UN urges ‘restraint’ as Hong Kong police get more violent and other stories in JUST ASIA, Episode 263

This week Just Asia begins with Hong Kong, where continuing protests are seeing an increase in police violence. Video footage shows police firing tear gas in enclosed areas, keeping a bleeding protester on the ground, and using batons to hit fleeing protesters. One woman suffered a ruptured eye due to a fired bean bag round, […]

WORLD: The launching of a new journal, SDG 16

Hong Kong, July 30, 2019 The journal with focus on the SDG 16 in particular which is “Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.” One of the targets of the SDG 16 is the achievement of rule of law. SDG 16 poses a serious challenges […]

SRI LANKA: Launching of a new book in Sinhala titled Neethiya and Vinaya (Law and Discipline).

Hong Kong, July 28, 2019  Launching of a new book.  Neethiya and Vinaya (Law and discipline) By Basil Fernando Publisher: Wijaysooriya Publishers, 98 pages. The AHRC announces the publication of a new book in Sinhala titled Neethiya and Vinaya (Law and Discipline). The book deals with political science theories and legal theories relating to the state duties for […]

NEPAL: Current problem of human rights violations in Nepal

A request/attention letter from Mr. Ghanshyam Chamlagain & Mr. Chetanath Chaulagain forwarded by the Asian Human Rights Commission (AHRC) We, as independent citizens, have deeply studied and evaluated the situation of human rights violations committed by the Government of Nepal and being borne by the Nepalese people. We wish to stop Nepal from the critical […]

HONG KONG: The Statement of the Hong Kong Legal Profession香港法律界的聲明

On the night of July 21 in Yuen Long, we witnessed the most serious attack on the law and order in Hong Kong and civil liberties of the Hong Kong people in recent decades. A civilised society will not condone what happened to ordinary citizens of Hong Kong who had been subjected to organised violence […]

SRI LANKA: මරණ දඩුවම අහෝසි කිිරීම පිළිබඳ නීති කෙටුම්පත

 බැසිල් ප‍්‍රනාන්දු. මරණීය දණ්ඩනය අහෝසි කිරීම පිළිබඳව නීති කෙටුම්පතක් ගැසට් කරන බවට ඇති අනාවරණය සතුටට කරුණකි. එය ලෝකයේ බොහෝ රටවල් අශිෂ්ඨ යැයි පිළිගන්නා ක‍්‍රමවේදයක් ලංකාව තුළද පිළිගැනෙන බවට ප‍්‍රකාශයකි. ඒ නිසා මෙය ලංකාවේ නීති ක‍්‍රමය සම්බන්ධයෙන් තීරණාත්මක වෙනසක් ඇති කළ හැකි අවස්ථාවකි. එහෙත් මෙම අවස්ථාවේදී සලකා බලා පිළියම් යෙදිය යුතු තවත් බරපතල ප‍්‍රශ්නයක් ඇත. එනම් […]

THAILAND: Military authorities can still arbitrarily detain civilians

A Statement from Thai Lawyers for Human Rights forwarded by the Asian Human Rights Commission   Analysis of the Head of the NCPO Order no. 9/2562 that repealed some Announcements/Orders that are no longer necessary Click here to read the Original Statement On 9 July 2019, Gen. Prayuth Chan-ocha in his capacity as the Head of […]

नेपालः यातनाविरुद्धको अन्तर्राष्ट्रिय दिवसको सन्दर्भमा यातनाः न्यायका लागि पहलको दोस्रो संस्करण प्रकाशन

Statement | Nepal | 26-06-2019

यातनाविरुद्धको अन्तर्राष्ट्रिय दिवसको सन्दर्भमा यातनाः न्यायका लागि पहलको दोस्रो संस्करण प्रकाशन गर्न पाउँदा हामीलाई अत्यन्तै खुसी लागेको छ । छोटो समयमै परिमार्जनसहित यो पुस्तिकाको दोस्रो संस्करण प्रकाशन गर्न पाउँदा हामीलाई अत्यन्तै खुसी लागेको छ । यातना हाम्रो प्रहरी कार्यालयहरूमा सर्वव्यापी अभ्यासका रुपमा पाइने गरेको छ । पक्राउ परेका संकित मानिसहरूलाई साबित गराउने सर्वव्यापी तरिकाका रुपमा यसलाई प्रयोग गर्ने […]

THAILAND: The Attacks of Political Activists

A Statement from The Thai Lawyers for Human Rights forwarded by the Asian Human Rights Commission 4 June 2019 In pursuance to a string of recent attacks of at least three pro-democracy activists including Aekachai Hongkangwan who was physically assaulted seven times and had his car set on fire twice since early 2018, and of […]

NEPAL: New laws and policies aim to throttle the NHRC, media, and civil society

Statement | Nepal | 31-05-2019

The government of Nepal has been repeatedly throttling the civil society, media and human rights organizations in Nepal. Even the National Human Rights Commission (NHRC) has now come under its ambit. The present government, led by the Nepal Communist Party, does not like civil society questioning its business. In an attempt to silence critical voices, […]

INDONESIA: A Review of the Indonesian Government’s Obligation under International Human Rights Instruments in Regard to the Truth, Remedy and Justice of Gross Violations of Human Rights

Paper | Indonesia | 30-05-2019

Written by Chrisbiantoro1 Introduction As a member of the United Nations (UN)2, Indonesia has ratified at least six major international human rights treaties3. Currently, Indonesia is a member of the UN Human Rights Council [HRC]4, therefore, it has obligations to increase the standard of human rights protection in its territory under the resolution of the […]