Legislation

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 […]

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. […]

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 […]

ශ්‍රී ලංකා: නව ව්‍යවස්ථාවක තිබිය යුත්තේ මොනවද? විශ්ව විද්‍යාල සිසුන් කණ්ඩායමක් සමග සාකච්ඡාවක්

The Asian Human Rights Commission wishes to share with you the following video The making of the new constitution is now been discussed. In this lecture the way constitutions are developed in modern times is explained to a group of university students. Kindly see the link

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: 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: 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. […]

INDONESIA: New Regulation on Special Autonomy for Papua must ensure protection for Indigenous Papuans

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 Center (ALRC) wishes to draw the attention of the UN Human Rights Council to the problem of amendment of Law on Special Autonomy for Papua. The House of Representatives of […]

SRI LANKA: Covid-19 & The Constitution

Arundhati Roy, prominent writer and social activist in India has written several important articles in the recent few days on the problem of the spread of Covid-19 and the vast numbers of deaths that are taking place in India. In an article written just a few days back, Roy directly addresses the Prime Minister of […]