Legislation

SRI LANKA: If Tocqueville was to read our proposed Anti-Terrorism Act

By Basil Fernando Alexis Charles Henri Clérel, comte de Tocqueville is the famous author of the book Democracy in America. It is one of the world’s best known writings which have been appreciated by many philosophers, writers, thinkers and also people in many countries. It has also been translated into many languages.  Tocqueville was a […]

ASIA: The mind of Junious (A Parable)

Article | Asia | 29-08-2023

By Basil Fernando This story is about Junious. Please do not think that I made a mistake in naming the hero and misspelling Junious for genius. I quite understand some people’s misunderstanding of that sort because an impression has been created and kept for a long time that Junious was in fact the genius. That […]

ශ්‍රී ලංකා:නීතියමතපාලනයහාප්‍රතිත්‍රස්ථවාදීපනත්කෙටුම්පත

බැසිල් ප්‍රනාන්දු නීතියමත පාලනය පිළිබදව වර්ථමාන කාලය තුල ලිය වී ඇති පොත් අතර ඉතාමත් ප්‍රසිද්ධියට පත් පොතක් වූයේ ටොම් බින්ග්හම් (Tom Bingham) සාමිවරයා විසින් ලියන ලද නීතිය මත පාලනය (The Rule of Law) යන පොතය. එම පොත නීතිය මත පාලනය යන නමින් සිංහලට පරිවර්ථනය කොට ඇත. එම පොතෙහි නීතිය මත පාලනය යන්න පිළිබදව ඇති නිර්වචනයය […]

ශ්‍රී ලංකා:තීරණාත්මක ජයග්‍රහණයක් : සියල්ල වීඩියෝ කරනවා : සැකකරුවන් ඝාතනය ගැන පොලිස්පති ශ්‍රේෂ්ඨාධිකරණයට දුන් මාර්ගෝපදේශ මාලාව

A Statement from The Times.lk forwarded by the Asian Human Rights Commission                                                                         පොලිසිය අත්අඩංගුවට ගනු ලබන සැකකරුවන් විමර්ශන කටයුතු සඳහා ආයුධ පෙන්වීමට […]

SRI LANKA:Few Reflections on the Sri Lanka’s Independence Day

By Basil Fernando Read the article in Sinhala මෙම ලිපිය සිංහලෙන් කියවන්න As Sri Lanka is to celebrate its 75th anniversary of Independence on the 4th of February, the general reaction of the people around the country this year is one of despondency with serious criticisms about the failure of governance in the country.  The need […]

Indonesia: The Government must seriously consider that the enactment of the RKUHP leaves serious problems

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

SRI LANKA: In Sri Lanka politics is imaginary but corruption is real

By Basil Fernando Politics in Sri Lanka mostly consists of the making of speeches at every place. There is lot of talk in the Parliament and there is also a lot of talk in the media shows. However, no real form of governance is taking place in the country. There is no direct relationship between […]

SRI LANKA: 22nd Amendment Bill – Fundamentals are wrong

By Basil Fernando The amendment of a constitution is a serious task. However, some may argue that it is not such an important task as far as Sri Lanka is concerned. That is because of the most trivialized manner in which Constitutional Amendments have been brought about in Sri Lanka in the recent years. However, […]

SRI LANKA: Two big lies told about the 1978 Constitution

By Basil Fernando Two great lies have been propagated about the 1978 Constitution. When a lie is repeated many times by many persons, often such a lie begins to be treated as a conventional truth. The first of these lies is that the 1978 Constitution was created on the model of the French Constitution and […]

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: A simple way out of the constitutional trap

By Basil Fernando Two crises overlap in Sri Lanka. One is the economic crisis which preoccupies everyone at the moment. However, in seeking a solution to the economic crisis, another crisis stands against any real solution. That is the constitutional crisis. However, this aspect has not received very much attention during the discussions which are […]

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 […]

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             […]

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 […]

SRI LANKA: Fake constitutions create irrational societies

By Basil Fernando A fake Constitution alters the rules of logic that are the basic foundations of a good constitution. The change of logic leads to irrationality. The spread of irrationality into public institutions creates rotten systems within such public institutions. Where the public institutions go rotten, every aspect of social life comes into severe […]

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 […]