Institutional reform

SRI LANKA: Parliamentarians’ Inability to Mourn

By Basil Fernando What happened on the 9th of May was a tragedy. It is a tragedy that the entire nation should genuinely mourn. Such genuine mourning has a capacity to generate reflections that could transform the thinking and practices of all those concerned about how to avoid such tragedies in the future. Such genuine […]

INDONESIA: New Commissioner of the National Commission on Human Rights Must Be Professional and Credible!

The Asian Human Rights Commission (AHRC) supports the standing point of the Commission for Disappearances and Victims of Violence (KontraS) highlighting the process of selecting candidates for the Commissioner of the National Commission on Human Rights (Komnas HAM). On 27 May 2022, the Selecting Committee, in the written test, has passed the candidate for the […]

WORLD: International Conversations Needed for Removing Gaps Between UN Experts’ Recommendations and Monitoring of Actual Implementation for Protecting Human Rights

A Written Submission to the 50th Regular Session of the United Nations Human Rights Council by the Asian Legal Resource Centre The Asian Legal Resource Centre (ALRC) has for over 40 years carefully studied, documented and reflected upon the actual possibilities for protection of human rights in many countries of Asia, in particular South Asia […]

INDONESIA: 24 Years since the Student Shooting in the Trisakti case: A Human Rights Case Becomes a Political Bargain?

In commemorating the 24th year of the student shooting in Trisakti and Semanggi, and with two years to go before the General Election in 2024, the Minister of the State Owned Company (BUMN), Mr. Erick Thohir appointed the Bank Tabungan Negara (BTN) to provide houses for the four families of the victims of the student […]

SRI LANKA: People’s Uprising for System Change

By Basil Fernando April and May 2022 will be remembered as the most important months in the post-independence era. During this short period the much hoped for people’s awakening expressed itself powerfully. People who wielded authority failed to see the writing on the wall although the wall was just next to the Presidential Secretariat and […]

SRI LANKA: Can Sri Lanka rise from its constitutional limbo?

Can Sri Lanka rise from its constitutional limbo? When Dr. Nandalal Weerasinghe accepted to take over as the Head of the Central Bank, in one of his early statements, he said that he would be able to do the expected job if there is no interference from outside. The demand for non-interference is today one […]

INDONESIA: Serious Human Rights Crime Investigation at Paniai: Full of Irregularities and Considerable

An Open Letter from the Asian Human Rights Commission to the President of Republic of Indonesia Mr. Joko Widodo President of the Republic of Indonesia Jl. Veteran No. 16 Jakarta Pusat INDONESIA Tel: +62 21 3458 595 Fax: +62 21 3484 4759 Dear Mr. President: The Asian Human Rights Commission (AHRC) supports statement of the […]

SRI LANKA: Overcoming the crisis

An article from Victor Ivan forwarded by the Asian Human Rights Commission I have penned this article with the view to enlightening the political leaders of the country and those who express ideological views and are interested in the subject, the need for having an objective and pragmatic program for overcoming the crisis facing Sri […]

SRI LANKA: Suspend PTA immediately – UN Experts tells GOSL

By Basil Fernando  The Sri Lankan delegation to the United Nations Human Rights Council (UNHRC) suffered a great setback when its promise to amend the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 as amended (PTA) was responded to by the 16 UN special experts calling on the Government of Sri Lanka (GoSL) […]

SRI LANKA: What Is The Greater Wrong – Contempt Of Court Or Illegal Detention?

By Basil Fernando In two occasions, the United Nations Human Rights Committee (UNHRC) held in two separate cases decided by the Sri Lankan Supreme Court related to contempt of court that the punishment imposed by the Court amounted to disproportionate punishment and that such punishment amounted to illegal detention. The UNHRC held that on both […]

SRI LANKA: Webinar – Pathway to Constitutional Reform

A Press Release from Voice for Democracy in Sri Lanka (VDSL) and Voice for Justice in Sri Lanka Inc. (VJSL) forwarded by the Asian Human Rights Commission (AHRC) Details: Webinar: Pathway to Constitutional Reform: Opportunities and Challenges;                 ව්‍යවස්ථා ප්‍රතිසංස්කරණ: මාවත් හා අභියෝග             […]

INDONESIA: Investigate and Prosecute Cases of Violence Allegedly Committed by Police Officers Against Ridwan at Nunukan Regency, North Kalimantan

The Asian Human Rights Commission (AHRC) regrets the repeated allegations of violence by security forces, this time experienced by Ridwan (21) at Nunukan Regency, North Kalimantan Province. The victim was allegedly subjected to violence by 10 (ten) police officers. The violent incident is known to have occurred in several locations, specifically in front of the […]

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 […]