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 Civil
& Political Rights
Programme
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The underlying rationale of the work of the Civil and Political Rights Programme is to ensure that rights, formally established in existing national and international law, are respected in fact and able to be enjoyed by average citizens.
The ongoing work has a specific relationship to law and legal advocacy in order to enable an infusion of practical legal knowledge into the work of LST with the objective of building bridges between legal theory and ongoing practical initiatives and developments in the legal system in Sri Lanka. The overall goal of the Programme is to ensure that rights advocacy and standard setting has an impact at the local level through a combination of research on areas of human rights activism and training programmes on human rights standards, law, evidentiary and procedural issues as well as practical advocacy and activism.
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The Programme draws together a number of ongoing LST projects that have, as their central focus, the identification of practical strategies for the realization of rights. The specific projects that come under this programme are grouped together so as to facilitate learning within the Trust regarding the question as to which training and advocacy strategies are most effective, thus enabling stronger and more effective linkages to be established across the different programmes, especially with respect to the various training programmes and workshops used by different projects.
The Programme is currently engaged in the development and implementation of a one year research project examining key concerns relating to the functioning of Sri Lanka’s justice system in respect of the right to freedom against torture. The specific focus of the project work is firstly, to compile credible documentation on the nature of the judicial response to complaints of torture both at the level of the Supreme Court and the High Court, secondly to critically analyse the relevant documentation, (examining not only judgements but bench orders and petitions in cases where the complaint has been dismissed or denied leave to proceed by the Supreme Court. Decisions of the High Court delivered in terms of the 1994 Convention Against Torture (CAT Act) forms part of this analysis. The cumulative objective of the research is to engage in an advocacy campaign in respect of the findings, through national/provincial consultations and through the media.
Advocacy and networking under this Programme included submission of Briefing Papers on the current Law and Practice Relating to the use of Torture by Custodial Officers, collaboration, information sharing and monitoring of key concerns in regard to endemic patterns of torture and encouraging better policing, monitoring the performance of Sri Lanka’s Human Rights Commission, evaluating key concerns regarding the independence of Sri Lanka’s judiciary and examining Sri Lanka’s prosecutorial record in respect of Enforced Disappearances, Extra Judicial Executions and Grave Human Rights Violations in Sri Lanka. The Programme provided extensive briefing papers to diplomatic staff of embassies upon requests being made for the same, regarding the need to implement the 17th Amendment to the Constitution including the revitalisation of the Constitutional Council and restoring the constitutionality of the appointments process to the commissions on the police, the judiciary as well as the Human Rights Commission of Sri Lanka and the National Police Commission.
The Programme is also presently engaged in critical analysis of the legal framework relating to property and land rights in Sri Lanka from the standpoint of gender equality as well as the collection of empirical data in this regard. This one and a half year project envisages the formation of a coherent and comprehensive body of recommendations in respect of and amendments to the identified laws.
Past project focus under this Programme included South Asian NGOs and the UN Human Rights Treaty Regime which put in place a South Asia activist network focused on the practical use of the UN human rights treaty monitoring regime; the Law, Human Rights & Good Governance which is an extensive project of legal literacy and human rights awareness workshops at the grassroots level targeted at district level government officers; and Human Rights & Equality: ‘Revealing the Unspoken’, which was a training programme of police officers, judicial officers, judicial medical officers with regard to the procedures and evidentiary requirements pertaining to Sexual Offences in terms of Sri Lanka’s criminal laws. Currently, the Law, Human Rights & Good Governance is continuing as an ongoing project.
The Programme also engaged in discussions with the Peoples’ Movement for the Rights of Patients (PRMP) on finalisation of a constitutional right to health and a draft national medicinal drug policy/regulatory authority for Sri Lanka, which initiatives are now being lobbied by the PRMP at the policy level with the Ministry of Health.
The Civil and Political Rights Programme publishes The Appellate Law Reporter, a quarterly publication on relevant judgements by Sri Lankan courts in public, civil, criminal and constitutional law. Novel features of this publication are the summaries of the judgements in Sinhala, Tamil & English, a glossary of words and phrases as well as the inclusion of critical reflections on the judgements published. The aim of this publication is to bring the development of the law closer to Sinhala and Tamil legal practitioners.
Some of the activities planned under this programme area:
- Engaging in legal research and analysis of judicial precedent
- Engaging in empirical research
- Drafting of proposed amended law
- Lobbying / pressurizing / networking the government, civil society and target groups
- Disseminating research through publication
- Engaging in litigation i.e. – Test cases
- Sensitizing the community
- Identifying and utilizing public figures to act as advocates of a cause
- Training and identifying resource personnel
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Economic,
Social & Cultural Rights Programme
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The overall goal of this programme is to ensure a
renewal of interest in social, economic and cultural
rights by human rights groups, development
organisations and associations, the donor community
and the state. LST will be carrying out a combination
of programmes on a variety of social and economic
rights, research and conduct high level meetings which
include participation of key national and
international decision makers and publications.
Projects:
Farmers’ Rights to Livelihood
Project
As in the Phase I of the programme, Phase
II will also focus on the mountain areas of the 5
South Asian countries and the farmers living
there. This South Asian programme is coordinated
by South Asia Watch on Trade, Economics &
Environments (SAWTEE) of which LST is the local
partner for Sri Lanka. |
The
project objectives are building the capacity of
stakeholders to devise mechanisms to protect farmers’
rights through the regulation of access to genetic
resources and making provisions for PIC and benefit
sharing and ensuring and enhancing the role of farmers
in the decision making process. The project will
particularly look at the marginalisation and
vulnerability of the farmers, issues related to
traditional knowledge vis-à-vis illegal patents and
bio-piracy. In relation to the above, activities such
as research, organization of workshops and publication
of policy briefs will be implemented.
The inaugural workshop of Phase II was held on January
31, 2005 at the Sri Lanka Foundation Institute, titled
“WTO, IPR and Sri Lankan Agriculture”.
Trade, Development and Poverty
CUTS - Centre for International Trade,
Economics & Environment (CUTS-CITEE), supported by the
Department for International Development, UK and the
Ministry of Foreign Affairs, the Netherlands has
launched a four year project on “Linkages between
Trade Development and Poverty Reduction “ that would
be implemented in 15 selected countries across Asia,
Africa and Europe. The Law & Society Trust(LST)
and the Institute of Policy Studies (IPS)
are the advocacy and research partners respectively
for the project in Sri Lanka .
The objectives of the project are:
Economic Social and
Cultural Rights Project
The project is aimed towards the effective
monitoring and implementation of a selected right
guaranteed under international covenants and
thereby ensuring better realisation of socio
economic rights in Sri Lanka. Initially, the
Project concentrated on the right to health. This
year LST will continue some activities related to
the ‘Right to Health’ project which has flowed in
from last year’s work and also look at the ‘Right
to Housing’ aspect.
LST – Satyodaya Residential Workshop on Trade Justice 2008
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Human Rights in Conflict Programme
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The overall goal of this programme is to ensure the
integration of human rights standards into the peace
process so that the people most affected by the
conflict are guaranteed their rights. The Programme
hopes to achieve this through a combination of
information dissemination, research and also working
with other groups in order to attempt to influence
decision makers.
Projects:
Project on the Rights of
Children in Armed Conflict and its Aftermath
LST will continue its work on protecting
the rights of children in the context of armed
conflict through a project designed to co-ordinate
and strengthen efforts by local and international
NGO’s and government officials to know and protect
the rights of former child soldiers, including the
right to a safe environment and to effective
rehabilitation and reintegration into safe
communities. The first phase of work has been
concluded and the next phase will commence in the
near future. |
Access to Justice Project
The objective of this project
is to address the legacy of “involuntary
disappearances” throughout the island, designed
both to make sure that issues of disappearances
and accountability are made a central part of the
peace process, to inform surviving families about
how best to vindicate their rights to
compensation, and to train grass-roots lawyers
throughout the island in legal and organising
strategies to challenge and prevent disappearances
and related human rights violations.
LST also works in collaboration
with the International Centre for Transitional
Justice (ICTJ), New York on a transitional justice
initiative which is closely linked to the Access
to Justice Project. Through this initiative a
Transitional Justice Working Group has also been
set up with a variety of organisations and
individuals working on similar issues.
Expulsion of the Muslims from the North in 1990 by the LTTE
- Feasibility and need for a Truth Seeking Process : The numbers that were displaced by the expulsion are placed at 75,000-100,000 and currently live in several different locations, mainly in Puttalam. LST carried out initial consultations to assess the feasibility and necessity of holding a truth seeking process - A Citizens Commission on the Expulsion. Consultations were carried out with activists from the displaced community, Representatives from local NGO & CBOs, Welfare centres, relocation sights and resettlement villages in Puttalam. Consultations were also carried out with the Human Rights Community, the psychosocial community and concerned Muslim civil society actors in Colombo .
- Consultation with Northern Muslim Women: One of the chief recommendations of the above assessment report was to conduct further more focussed consultations with women. Therefore the LST plans to conduct three separate, day long consultations with women in Puttalam. The primary objective of these consultations is to understand Women's specific concerns and thereby identify thematic areas for any truth seeking process that is undertaken. We hope, in addition to produce a document that highlights women's concerns using rights based language that can be of use to all organisations working on issues related to women amongst the community. We hope to have the report and first draft of the publication to be completed in Jan for an endorsement consultation amongst women from the community, and release the publication by February 2006.
Publications |
Internship Programme |
The internship programme of LST is for all students interested in gaining experience in the fields of human rights and law. The internship would include engaging in research activities as well as active participation in organising discussions and workshops.
Students interested in taking part in the internship programme are encouraged to contact LST with a copy of their curriculum vitae. International students must also submit a brief outline of a research idea including clearly defined output/s along with writing sample/s. Please note that depending on the duration of the internship the students must also be prepared to be involved in other project activities of LST, as and when required.
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Head - Civil & Political Rights
Ms. Kishali Pinto Jayawardena
LL.B (Hons.)( Colombo),
Attorney-at-Law
Law, Human Rights & Good Governance
Project Coordinator
Ms. Malkanthi de Silva
LL.B ( Colombo),
Attorney-at-Law |
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Farmer’s Rights
Project Assistant,
Ms. Thiranthi Udakumbura
LL.B (Colombo)
Attorney-at-law
Trade, Development and Poverty
Project Officer
Ms. Manikya Kodithuwakku
LL.B (Monash),
BA Hons)(Monash)
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Head-Human Rights in Conflict Programme Programme
Programme Coordinator
Mr. Ruki Fernando
Consultant,
Ms. Farzana Haniffa, BA, MA, MPhil
Researcher/ Coordinator SHR
Ms. Dulani Kulasinghe
BA (Bryn Mawr College)
MA (Hons) (University of New Mexico)
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