Institutional reform

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: 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: 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. […]

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, […]

SRI LANKA: “Should we take the High Commissioner’s statement seriously?” A comment on a TV discussion

By Basil Fernando A discussion on the statement made by the United Nations (UN) High Commissioner (HC) for Human Rights, Michelle Bachelet, at the 48th Session of the UN Human Rights Council on 13th September 2021, was held on the same day in a television programme, and it is now available on YouTube. The moderator […]

SRI LANKA: UN Human Rights Mechanisms Ought to Explore New Approaches to Protect Rights

A Written Statement to the 48th Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre For several decades now, the widespread practice of enforced disappearances has been experienced in several countries in Asia and elsewhere. Despite many attempts by the UN human rights agencies including the Working Group on […]

BANGLADESH: Government Uses Arbitrary Detention and Degenerated Judiciary Against Dissidents

A Written Statement to the 48th Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre The Asian Legal Resource Centre (ALRC) brings the issue of arbitrary detention and the degenerated justice mechanisms to the United Nations Human Rights Council focusing on the situation in Bangladesh, which is a Member of […]

SRI LANKA: The Emergency Powers Of The President & The Situation Of Women

By Basil Fernando While Sri Lanka is faced with many crises, the President has acquired the powers to act under the National Security Law by taking emergency powers into his hands. Will that contribute to Sri Lanka’s ever deepening crises or will the situation aggravate, as all power is taken away from everyone else except […]

WORLD: Measuring the impact of advocacy programmes

Article | | 03-09-2021

BY Basil Fernando “He who has a why to live can bear almost any how.” – Friedrich Nietzsche The word advocacy is used for various purposes and in each case, there is a different connotation attached to it. Commercial advertisements advocate the buying of their products and the promotion of other commercially-related objectives; political parties […]

ශ්‍රී ලංකා: මනෝමය රාජ්‍ය හා හිතුවක්කාර ආණ්ඩුක්‍රමය

බැසිල් ප්‍රනාන්දු මේ දිනවල ප්‍රසිද්ධ සාකච්ඡාවේ මූලිකම තේමාවක් බවට පත්වී තිබෙන්නේ ප්‍රසිද්ධ ආයතන භාරව කටයුතු කරන නිළධාරීන්ගේ ස්වාධීනතාවය පිළිබදව ප්‍රශ්ණයය. උදාහරණයක් වශයෙන් රටේ උද්ධමනය පිළිබදව කතා කිරිමේදී උද්ධමන පාලනය පිළිබදව මධ්‍යම රාජ්‍ය බැංකුවේ අදාල නිළධාරීන් මෙම උද්ධමනය පාලනය කිරීමේ වගකීම් භාරය දරන්නෝ වෙති. කොරෝනාව මර්ධනය කිරීමේදී එය පාලනය කිරීමේ වගකීම පැවරෙන්නේ වෘතීමය වශයෙන් සුදුසුකම් ඇති […]

ශ්‍රී ලංකා: පාදුක්ක පොලීසියේදී අතවරයට පත් කාන්තාවක් ජනාධිපතිතුමාට හා පොලිස්පතිතුමාට කරන අභියාචනය

මෙය https://www.youtube.com/watch?v=M2Kf1r9dmP8 ඉහත සදහන් සදහන් යූ ටියුබ් නාලිකාවෙන් නැරඹිය හැකිය. ඇයගේ පණිවිඩය ලේඛණ ගත කිරීමක් පහත සදහන් වෙි. මමයි මගේ දරු දෙන්නයි ලොකු දුවයි පොඩි දුවයි මහත්තයයි ගියා පාදුක්ක පොලීසියට පැමිණිල්ලක් දාන්න ඒ ගියේ මගේ පොඩි දෙන්නා වට්ස් ඇප් එකේ වැඩ කරනවා ඔන්ලයින්. මගේ දුවට පිරිමි ළමයෙක් එවලා තිබුනා නිරුවත් ෆොටෝ වගයක්. අපි ඒ පිරිමි […]

WORLD: The Future Implications of the Impact of Covid-19 on Communications in Social Movements

Statement | World | 16-07-2021

Covid-19 is a moment of beginning in terms of substantive cultural change in the poorer countries in Asia. Having closely observed the situation of societal reactions to Covid-19, which is one of the most challenging moments faced particularly in developing countries like the four countries related to this project: Nepal, Indonesia, Sri Lanka and Bangladesh, […]

MYANMAR: International Community needs decisive actions to end militarism for establishing democracy and human rights

An Oral Statement to the 47th Regular Session of the UN Human Rights Council from the Asian Legal Resource Centre (ALRC) Madam President: As there are profound concerns over the latest military coup in Myanmar and subsequent violence offends the conscience of humanity, the urgent questions before the international community should be what to do […]

SRI LANKA: The release of a convicted murderer in 6 years is a reckless act

By Basil Fernando The release of the convicted murderer Duminda Silva is a reckless act which will have lasting consequences on the social organization of Sri Lanka and the social consciousness of the Sri Lankan people. The damage this will do to the functioning of a system of administration of the country is incalculable. In […]

ASIA: Flawed Justice Systems Turns to be More Inaccessible for Litigants During Pandemic

An Oral Statement to the 47th Regular Session of the UN Human Rights Council from the Asian Legal Resource Centre (ALRC) Madam President The report of the Special Rapporteur has comprehensively focused on the impacts of the COVID-19 pandemic on access to justice, guaranteeing the right to fair trial, administration of justice as well as […]

INDONESIA: Reforming the Criminal Law Procedure is a Must to Prevent Torture

Torture is still taking place in Indonesia. There is a serious gap between national regulation and international Human Rights Laws. Indonesia is a State Party to two important international human rights instruments. They are the International Covenant on Civil and Political Rights (ICCPR) and the International Convention against Torture and Other Cruel, Inhuman or Degrading […]

WORLD: Institutions Building is Key for Peacebuilding and Sustainable Development

An Oral Statement to the 47th Regular Session of the UN Human Rights Council by the Asian Legal Resource Centre (ALRC) Madam President. The Asian Legal Resource Centre (ALRC) welcomes the report of the High Commissioner for Human Rights to this Council. Madam High Commissioner, Your report has explained us on how your office – […]