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OBJECTIVES
The Law and Society Trust Fortnightly Review kee about the activities of the Trust, and about impor the Trust. Our publication is aimed at raising pl rights of citizens, and at gaining wider recognition
This issue focusses on civil rights. First, Neelan the Ombudsman, its potential for redressing citizer need to reform the institution as set up in Sri Lanl & Society Trust's publication - Sri Lanka. St Abeyesekera. This gives the facts on internationa to Freedom of Expression and lists revelatory exal curbs of state harassment and intimidation. A re' this extract is taken follows. Next comes a revie in Developing Countries: Yearbook 1994 with en publish the Burma Resolution of the General Ass
CIVIL RIGHTS
 

ps the wider Law and Society community informed tant events and legal personalities associated with ublic awareness on all issues concerning the legal of law as society's instrument for peaceful change.
Tiruchelvam examines the origin of the office of s' grievances regarding mal-administration and the ca. Secondly, we feature an excerpt from the Law ate of Human Rights 1993 written by Charles l standards and constitutional guarantees applying mples of its restriction in Sri Lanka in 1993 by the view by Tej Thapa of the entire book from which w by Kanya D Tampoe-Sanders of Human Rights mphasis on the section on Sri Lanka. Lastly, we 2mbly of the United Nations.

Page 2


Page 3
The Redress of Adm The reform of the instit
Dr. Neelan
The goal of creating an effective institution f eluded Sri Lanka for many decades. From Public Law have followed with great interes which originated in Sweden in 1809 for complaints from citizens against unjust a subsequently adopted by Finland in 1909 and Even the United Kingdom which had for fina established a Parliamentary Commissioner fo for Local Administration in 1974 to remedy i was, however, an important conceptual differe as it operated in Scandinavia from that ir Ombudsman was conceptualised as an instituti and administrative agencies, vhile in the Briti adjunct to Parliament. The Sri Lankan ex floundered between these two models.
The first significant public discussion on the O Nations seminar held in Kandy in 1959. The office and its operations and this stimulated Cabinet Sub Committee was appointed durin included Mr. C.P. de Silva, Mr. J.R. Jayew Wijemanne. This Committee adopted a rather December 1965 that the Ombudsman receive c( which were further filtered through the Pub Commission under the Chairmanship of Chie give urgent consideration to the creation of a P: as envisaged by Section 156 of the Constitutic at that time. The Law Commission gave the prepared a report and a draft Bill on the establi report which provides an extensive and insigh to be reprinted and be more widely circulated. Scandinavian model and empowered the Ombu aggrieved persons or to conduct investigation
LAW & SOCIETY TRUST REVIEW - 16 Oc

nistrative Grievances
tion of the Ombudsman
Tiruchelvam
r the redress of administrative grievances has the mid fifties many Sri Lankan students of
the office of the Ombudsman, an institution he purposes of receiving and investigating liministrative action. This institution was pread to Denmark, Norway and New Zealand. ny years resisted this institutional innovation, Administration in 1967 and a Commissioner justices caused by mal-administration. There nce between the institution of the Ombudsman
Britain. In the Scandinavian model, the on which was independent of existing political sh model the Ombudsman was conceived as an periment with the institution has, however,
ffice of the Ombudsman was during the United Danish Ombudsman presented a paper on his New Zealand's interest in the concept. A g the Dudley Senanayake Government which ardene, Mr. M. Tiruchelvam and Mr. A.F. cautious approach and recommended on 22nd Implaints only through Members of Parliament lic Petitions Committee. In 1978, the Law f Justice Victor Tennekoon was requested to rliamentary Commissioner for Administration in. I was a member of the Law Commission most urgent consideration to this request and hment of the Office of the Ombudsman. The tful commentary on the proposed Bill, needs
The Law Commission proposal followed the lsman to directly receive complaints from any on his own motion. It also provided that a
TOBER 1994 1.

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group or body of persons could invoke the j written complaint. However, this recom Government. President Jayewardene decide ministerial Sub Committee established in ther to Parliament in general and the Public Petiti
This Bill, therefore, seeks to restore the re remove those procedural constraints on t progressively eroded its effectiveness. Parlial his Annual Reports to Parliament has complai and the jurisdictional constraints which prohi government policy or reviewing the exercis principles which underline the jurisdiction oft of "mal-administration and not have the auth their “merits'. The reports, however, do not which is that the Ombudsman could not inves Ministers.
There are a number of reasons as to \ Administration, whose office was established i fulfil the expectations of the public of an in against mal-administration. Firstly, the Offic personal institution which derives its strength commitment to the value of justice and fairne think that governments have attached adequate the Parliamentary Commissioner of Administra that have been placed at his disposal. Secondl; institution of the Ombudsman is limited. No m been undertaken and those who are aware of effectiveness. This is particularly marked in th Ombudsman received no complaints of ab Ombudsman had an ambiguous relationship i appointment is made by the President and is a now being amended envisaged a close link v Petitions Committee. But this link has prove Petitions Committee has not provided the legis the Ombudsman has provided in the UK Parlia Parliament has not been invoked to give teeth
legislative interest in the reports of th recommendations. It is also significant that de
2 LAW & SOCII

risdiction of the Ombudsman by means of a hendation was not accepted by the then to proceed on the basis of the report of the d 60s and to establish the office as an adjunct ns Committee in particular.
ommendation of the Law Commission and e Office of the Ombudsman which has entary Commissioner Mr. Sam Wijesinha in ed about the procedural limitations of the law ited him from reviewing complaints against of administrative discretion. One of the he Ombudsman is that he will focus on issues rity to re-examine decisions on the basis of refer to a more basic jurisdictional limitation tigate the recommendations and decisions of
why the Parliamentary Commissioner for n 1981, has failed during the last 13 years to lependent, impartial and informal watchdog e of the Ombudsman was essentially a very from the personality, vision and vigorous ss which are critical to the office. I do not importance to this office in the selection of tion and in the financial and human resources ', public understanding and confidence in the eaningful programme of public education has the institution have a negative view of its e case of fundamental rights, as for years the ses of fundamental rights. Thirdly, the a presidential parliamentary system. His countable to Parliament. The principal Act ith Members of Parliament and the Public to be more formal than real. The Public ative overview that the Select Committee on ment. In the circumstances, the authority of o the Ombudsman, and there has been little Parliamentary Commissioner and his pite the explicit requirement of the law that
TY TRUST REVIEW - 16 OCTOBER 1994

Page 5
the Ombudsman shall at least once in every Parliament a report of the work done, the presented. Fourthly, a very important as Ombudsman related to administrative practices oppressive. There has been no meaningful ir review of such practices. In Sweden, the pen. of the Ombudsman. In New Zealand, the Om impact on the reform of administrative system
The Public Petitions Committee needs to be re.
over the work of the Ombudsman. The C Ombudsman, (2) examine administrative practi individuals where the Ombudsman reports departmental action has followed his recom injustices in respect of matters which fall ou Committee. There are at present almost three Petitions Committee, and Parliament needs Committee.
In the circumstances, the proposed amendmen 1981 needs to be welcomed. It represents a this institution, both with regard to the procec to the nature of the determinations of the Omb
make to the head of the institution concerned. it should be clear that the complaints may be body of persons acting in the public interes manifest the seriousness of its commitment to a by appointing an Ombudsman who will imm empower such a person by providing him with of a deputy Ombudsman as envisaged by the
LAW & SOCIETY TRUST REVIEW - II6 OG

calendar year send to the President and the e were only two such reports which were lect of the jurisdiction and powers of the which were unreasonable, discriminatory and npact of the office of the Ombudsman on the l system was reformed as a result of the work budsman's recommendations had a significant
S.
conceptualised to provide legislative oversight ommittee can (1) review the reports of the ces which require review, (3) advise aggrieved under Section 17 (3)(c) that no effective 2ndations, (4) receive petitions with regard to itside the jurisdiction of the Public Petitions thousand petitions pending before the Public Io augment the investigative capacity of the
it to the Parliamentary Commissioners Act of serious attempt to restore some credibility to lures of receiving complaints and with regard udsman and the recommendations that he may
In regard to Section 10 of the principal Act, made either by an aggrieved individual or a t. We would also urge the Government to dministrative reform and administrative justice ediately command public confidence and to adequate resources including the appointment law.
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FREEDOM OF
This chapter first sets out the constitutional expression are located in Sri Lanka. It then affect that right. There follows in detail a recc to free expression has been honoured or dishc
(i) Relevant international standards
Article 19 of the International Covenant on C the right to freedom of expression. This a following freedoms:
freedom to seek, receive and impart in frontiers, either orally, in writing or in media ... (Art. 19(2))
(ii) The constitutional guarantees
Article 14 of Chapter 3 of the Constitution c speech and publication". This article also assembly.
The restrictions that may be placed on the ei Article 15(2) of the Constitution. With regar
The exercise and operation of the f restrictions as may be prescribed by harmony or in relation to parliamentar incitement to an offence.
An excerpt from the chapter on Civil a 1993 (Colombo, Law and Society Tn
4. LAVV SOCI

EXPRESSION
und legal framework in which rights to free notes restrictions and restraints that generally rd of the year indicating how exactly the right noured.
ivil and Political Rights (ICCPR) guarantees ticle, according to the ICCPR includes the
formation and ideas of all kinds, regardless of print, in the form of art, or through any other
of 1978 guarantees every citizen "freedom of guarantees citizens the right of freedom of
joyment of fundamental rights are set out in d to the right to free expression, it says:
Indamental right ...shall be subject to such law in the interests of racial and religious y privilege, contempt of court, defamation or
ld Political Rights in Sri Lanka. State of Human Rights st, 1994)
ETY TRUST REVIEW - 16 OCTOBER 1994

Page 7
These restrictions are far wider than those allow and Political Rights (ICCPR) which stipulates
shall only be as such as are provided b
(a) for respect of rights and reputations
(b) for the protection of national secur morals.
Necessity is not a requirement under Sri Lankar said:
In Sri Lanka the operation and exercise subject to restrictions of law not qualific validity nor the reasonableness of the la (Malalgoda v. AG (1982) 2 Sri L.R. 77
The Constitution provides no guarantees of the has held that the right to know is necessarily ir
(iii) Other laws that affect free expression
The Sri Lankan Constitution also permits wi reference to parliamentary privilege. The Parl of 1953 created one offence - the publication
reported to the House. Even here, Parliament removal; only the Supreme Court could, after a
This Act was amended in 1978 so as to broaden the following were made offences:
(a) wilfully publishing any false or perv the House or a Committee or wilfully mi in the House or in Committee;
(b) wilfully publishing any report of ar Committee, the publication of which has
LAW & SOCIETY TRUST REVIEW - 16 OC

ed under the International Covenant on Civil hat restrictions:
law and are necessary,
of others;
ty or of public order or of public health or
law. The Supreme Court in a 1982 decision
of the right to freedom of speech are made d by any test of reasonableness. Neither the w imposing restrictions is open to question .. 7)
right to information, but the Supreme Court mplied in the right to free expression.
de restrictions on freedom of speech with iament (Powers and Privileges) Act No. 21 of committee proceedings before they were had only the powers of admonishment and trial, order a fine or a term of imprisonment.
he range of offences. Under this amendment
arted report of any debate or proceedings in Srepresenting any speech made by a member
y debate or proceedings of the House or a been prohibited by the House or Committee;
'OBER 1994 5

Page 8
(c) the publication of any defamatory character of the House; and
(d) the publication of any defamatory st his conduct as a member.
The Act of 1980 created a further offence; the " or proceedings of Parliament containing word such words or statements to be expunged from The Act of 1978 also gave Parliament the pow found guilty of this broad range of offences.
The Prevention of Terrorism Act, first enacted of the permanent law in 1982, enables the gov "terrorist" or "subversive". It includes a pri matter relating to the commission or investigati the Act. Even the non-violent articulation of
(a) emergency regulations and their
The constitutional guarantees, with all the limi affected by the state of emergency which has b between January and June 1989. The state of war that has been engendered by the ethnic col under the Public Security Ordinance of 1947, that override all laws except the Constitution fundamental rights including the right to free
The publication of any matter that wouldo Authority,
prejudicial to the interests of nationals the maintenance of supplies and service matters inciting or encouraging persor commit breach of any law
is prohibited by article 14(1) of the emergency
6 LAW & SOCII

statement reflecting on the proceedings or
atement concerning any member in respect of
wilful publication of any report of any debate or statements after the Speaker has ordered the official report of Parliamentary debates". er to mete out criminal punishment for those
in 1978 on a temporary basis and made a part ērnment to punish acts that are deemed to be ovision that prevents the publication of any on of any act that constitutes an offence under views supportive of secession is an offence.
impact on freedom of expression
tations implied in the restrictions, are further een in force in the country since 1983, except emergency, justified in the name of the civil nflict, and brought into force by a declaration enables the government to make regulations and affect in various ways the operation of expression.
might be, in the opinion of a Competent
ecurity or the preservation of public order or es essential to the life of the community or of is to mutiny, riot or civil commotion, or to
regulations.
ETY TRUST REVIEW - 16 OCTOBER 1994

Page 9
Censorship has been imposed from time to tin order. Emergency regulations that affect the
During the year under review, the regulation the right to free expression are set out below
i. regulation no. 1 of 1989 which req with provincial and district governme)
ii. regulation no. 1 of 1991 which placa holding of meetings, demonstrations paintings.
Political parties in opposition to the governmer measures that affect freedom of expression. I uphold press freedom. In December, they pro regulations regarding incitement. In Septemb which they reaffirmed their commitment to fri hinder Mr. Richard Pathirana, a leader of th threatening a few days later to nationalise Th. came into power; he alleged that these had
rhetorical protestations, most political parties d the right of free expression.
(b) judicial affirmation of
The political parties of the opposition organiz Ghosha). Members of the public were as government by making any kind of loud noise The protest was obstructed by the police inva
A member of the Horana Pradeshiya Sabha (H. in the protest had been obstructed by the police his fundamental right to criticise the governme Court found in his favour, saying that "criticis exercise of the freedom of expression under A was ordered to pay him Rs. 50,000 as damage decided 1993). The Supreme Court also inst this decision to the notice of all police officers the future (see also chapter on Legal Backgrou
LAW & SOCIETY TRUST REVIEW -- II6 OC

on the ground of national security and public ght to free expression vary from time to time. that were in force and affected in some way
ires the re-registration of all printing presses t authorities;
s restrictions on political activity including the processions, pasting posters, placards or
thave combined to protest against government March in a joint statement, they pledged to tested against the reimposition of emergency Sr the SLFP issueda new policy statement in edom of expression. This did not, however, e SLFP and opposition whip in Parliament, e Island group of newspapers when his party shifted into an anti-SLFP line. In spite of o not show in action a deep rooted respect for
freedom of expression
ed on July 1, 1992 a "sound protest" (Jana ed to demonstrate their opposition to the at 12 noon, wherever they were at the time. rious ways.
Irana Divisional Council) whose participation appealed to the Supreme Court, alleging that it in power had been violated. The Supreme in of the government is, per se, a permissible rticle 14(1)(a) of the Constitution"; the state
(Amaratunga v. Sirimal, S.C. Appl. 468/92 Icted the Inspector General of Police to bring o that similar violations do not take place in ld).
"OBER 1994 7

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(iv) The press in 1993
To sketch in the background, there is the mains and a large number of weekly tabloids. Within owned, following the nationalisation of the Li privately owned - one headed by an uncle of th Mrs. Bandaranaike, the leader of the SLFP. Th trends within their newspapers. Language and
The weekly tabloid press consists generally interests like students, women, children, astrolc one in Tamil that are politically oriented. Thes into prominence round about the time of the issues and news stories not normally coveredi approach. They have a reasonably large read advertising revenue. Some of them receive collectively described as the "alternative press'
The tabloid newspapers as well as the 2 dailies of the year very critical of the late President, M Mr. Premadasa was critical of the press in mal their reporting was biased and unfair in that th his government. He said that they were prima He hinted that these newspapers, particularly stabilise the government.
Other members of the government also claim tabloids, which enjoyed no advertising revenu therefore the agents of foreign interests. Thes stabilisation of the government but also to dismemberment of Sri Lanka. The state-own and in condemning what they called the selectiv and their financial base. Lankaputhra, a colum of 13 Jan. 1993 as follows:
Most of the journalists who spoke at the by the Free Media Movement) rur advertisement. Anybody who knows a that could be performed only by these that finances these miracles.
8 LAW & SOC

ream daily and weekly press in all 3 languages he mainstream press, the major group is stateke House group in 1973; 2 other groups are : Prime Minister and the other by a brother of ese connections determine broadly the political readership also make a difference.
of publications devoted to various sectional gy etc.; there are also 5 tabloids in Sinhala and 2 tabloids are a recent phenomenon; they came impeachment crisis in 1991. They deal with n the daily press and are more critical in their ership and manage to survive with almost no support from NGOs. The tabloids are now
run by private interests were, at the beginning Mr. Premadasa, and of his policies and actions. ny of his public speeches. He complained that ley ignored the many positive achievements of arily concerned with attacking him personally. the tabloids, were part of a conspiracy to de
ed, with a great deal of vehemence, that the e, only existed with foreign funding and were e interests were committed not only to the dethe destruction of indigenous values and the 'd press too joined the chorus of denunciation, 'e and partisan reporting of the alternative press nist of the Sunday Observer, wrote in the issue
Nugegoda meeting (a public meeting organised
weeklies and magazines without a single pout publishing will know that this is a miracle ournalists. Obviously there is a hidden source
ETY TRUST REVIEW - 16 OCTOBER 1994

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Actual harassment of the media quickly follow
Officials of the Inland Revenue, claiming to ch and particularly the business turnover tax, wer on 1st February the offices of The Sunday Time Yukthiya, Lakdiva and Ravaya (privately ma Communist Party bi-weekly). They also exan commercial press that prints Yukthiya (Inform,
Officials of the Labour Department also went legally mandated minimum wages and provide same day, officials of the municipality and payments due to them from Lalithakala, the col later on 3rd February, Inland Revenue officials publishers of The Sunday Times and Lankadeep Island and Divayina (Inform, 1993).
At 8.30 p.m. on the night of 5th February, the by a flying squad of Colombo municipal offic and/or the unauthorized sub-letting of a part of fundamental rights case on this issue. The Sup up the premises (Inform, 1993).
The orchestration of the visits and checks indic sections of the press that are critical of the gove officials for partisan purposes is also a sign o processes. While criticising the press, Preside would not seal or suppress newspapers as his these actions that he was not, however, above ends. That no prosecutions have been launch intimidatory intent.
Other and more violent methods of suppressio 1992, the UNP Mayor of Nuwara Eliya had ap sullied by the Sinhala tabloid Yukthiya. She a responsible for distribution, seized all the copies a fundamental rights case before the Supreme C 10 Jan. 1993. It had not been brought to a conc
LAW & SOCIETY TRUST REVIEW - II6 OC"

ck whether the laws regarding income taxes, being complied with, simultaneously visited and Lankadeepa (mainstream dailies), of the naged tabloid weeklies) and of Aththa (the ined the accounts of the Navamaga Press, a Human Rights Situation in Sri Lanka: 1993).
o Ravaya on the same day checking whether nt fund payments were being made. On the if the electricity and water boards checked nmercial press that prints Ravaya. Two days went to the offices of Wijeya Publications, the a; and of Upali Newspapers, publishers of the
offices of the Lakdiva newspaper were sealed ials, allegedly for the non-payment of rates their premises. The publishers later filed a reme Court ordered the Municipality to open
ate an attempt to harass and intimidate those rnment. The blatant use of state agencies and f the government's contempt for democratic it Premadasa had repeatedly declared that he predecessors had done. He demonstrated by Ising the state apparatus to achieve the same ed as a result of these checks indicate their
1 have also been resorted to. In September parently decided that her town should not be long with her guards visited the news agent and destroyed them. The paper promptly filed ourt. The case first came up for hearing on usion by the end of the year (Inform, 1993).
OBER 1994 9

Page 12
The law has been resorted to often in ordel notorious being the case of the Udugampola Inspector General of Police in the Southern instrumental in suppressing the JVP insurgenc and he was accused of unleashing a reign of government and his services were not retained He then swore out a series of affidavits, in A number of persons who had "disappeared", (Inform, 1993).
Yukthiya, Aththa and Lakdiva published these The Island published extracts. The first 3 n General with bringing the government into ha among the citizens and/or slandering public C police officials who attempted to find out Udugampola was himself in hiding.
Effective discussion of the matters referred to that the matter was sub-judice. After the Udugampola made his peace with the governn the matters referred to in his earlier affidavit against the newspapers were then quietly with
Many incidents of personal harassment of jou or by persons associated with political forces Media Movement, an association of journalist of expression, has spoken of over 50 such i significant:
Ruwanthi Kariyawasam, freelancer fo Ratmalana factory on 9th June; Dudley the police morgue after the assassin covering the mobile Presidential Secre prevented from either reporting on or
●
Kamal Jayamanna, Lankadeepa photc April; and Sena Ambalangoda, Divay Kalutara on 20th April, were attacked
10 LAW & SOC

to suppress coverage of incidents, the most affidavits. Mr. Udugampola was the Deputy ange during 1988 and 1989 and was largely in the area. His family was killed by the JVP error in the region. He later fell out with the after he reached the optional age of retirement. Iril 1993, in which he revealed the names of a and details of the vigilante squads responsible
affidavits in full while the Sunday Times and 2wspapers were then charged by the Attorney red or contempt, creating ill-will or dissension fficials. The newspapers were also visited by he provenance of these affidavits since Mr.
in the affidavits was prevented on the ground ; assassination of President Premadasa, Mr. nent and swore out new affidavits claiming that s had been based only on hearsay. The cases drawn.
nalists either by members of the security forces have been recorded during the year. The Free and media personnel committed to the freedom ncidents. We record below some of the more
r the Lankadeepa, while covering a strike at a | Wickremasinghe, Lankadeepa photographer at ation of President Premadasa; and journalists tariat in Batticaloa, were harassed by police and photographing the events (Inform, 1993).
grapher at a student picket in Colombo on 5th ina photographer, at a student demonstration in
by unknown persons (Inform, 1993).
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Page 13
A number of journalists have received of politics or of corruption (Inform, 1
Journalists and photographers covering an In 10 December 1992 at Slave Island, Colombo v resulting publicity, the government appointed ( judge Tudor de Alwis as a one man committ his sittings on 25th February after hearing evi present at the demonstration. The report has number of police officers guilty of using unw time, B.P.D. Karunaratne was sent on compl officers will face trial (Inform, 1993).
(a) parliament
The parliamentary reporters of Lankadeepa we a week in July. After this incident, the Parli: issue certain guidelines for reporters coveri particularly to the reporting of matters orde appearing in the Hansard, the official record o
This would have created difficulties in the imme as the Hansard takes days to appear. The Pri later declared that Parliament would be flexit parliamentary sittings but that any reports ap) Hansard would have to conform to the official
(b) reportir
Writing about the war in the North-East poses m reporting that questions the official versions pu
Mr. lobal Athas, defence correspondent of The army operation in its issue of 10th October. H General Cecil Waidyaratne, Army Commande reported that tabloids which highlighted this Secretary of the Lanka Sama Samaja Party
threatened (Inform, 1993).
LAW & SOCIETY TRUST REVIEW - 16 OC

2ath threats, mainly because of their coverage 93).
:rnational Human Rights Day celebration on ere assaulted by the police. In the face of the n 20th January retired former Court of Appeal e to inquire into the incident. He concluded ence from a number of journalists and others not been published, and it probably found a Lrranted force. The Officer In Charge at that lsory leave in March. He and several other
ary reporting
e censured and "banned from Parliament for lmentary Privileges Committee said it would ng parliamentary proceedings, these related red to be expunged by the Chair and not if the proceedings (inform, 1993).
:diate reporting of parliamentary proceedings, me Minister, in the face of severe criticism, tle about reports appearing on the day after bearing after the publication of the relevant version.
g the war
any difficulties, particularly any investigative t out in army communiques.
Sunday Times, wrote an article critical of an : alleged that a caller, identifying himself as , threatened him with death on tyres. It is incident and Mr. Bernard Soysa, General which issued a statement, have also been
OBER 1994 ll

Page 14
When this issue was raised in Parliament, the the Army Commander had categorically denie Mr. Athas; all that he had done was to bring to a "complete distortion of facts in the paper's d a demoralising effect on the armed forces." Athas' home by a funeral parlour allegedly i 1993).
The army also expressed its unhappiness c connection with operations in Jaffna in Septen kind of censorship which was fortunately not
Reporting the war is tied up with the questio) to have a press briefing after the weekly cabir spokesmen were also present, cabinet decisic opportunity for local and foreign journalists directly. The briefings were discontinued in A the Foreign Correspondents Association, and
(v) The electronic media
Both radio and television were state monopoli
Two private radio stations were permitte entertainment channels and, according to repor bulletins. They may reproduce the news bulle
Two television channels, both owned and ο available at the beginning of the year. Since is understood that one of the terms of the licer bulletins covering local events; the fact is tha from CNN or other sources but do not cover
Another private channel relays two service reportedly without authority. The services i channel, both on a 24 hour basis. The opera the BBC news telecasts whenever any news
The order is probably so rigidly worded that
is known to have been scrambled.
12 LAW & Soc

Minister for Parliamentary Affairs said that issuing any threat, directly or indirectly, to the notice of the editor of The Sunday Times fence column which he believed would have A funeral wreath was delivered later to Mr. the name of the Sinha Regiment (Inform,
er what was called negative reporting in ber and October. There was a call for some
needed.
of access to information. The practice was et meeting. At the briefing at which defence ins were made known. There was also the o question government and army spokesmen ugust, despite protests by local journalists and were replaced by a communique.
es until 1993.
il this year. However, these are purely . ts, are prevented from airing independent news tins put out by the state radio (Inform, 1993).
erated by state agencies, were the only ones hen 2 private channels have been licensed. It se is that they do not put out independent news they reproduce international news taken over the local scene (Inform, 1993).
taken over from Star TV in Hong Kong, re the BBC world service and the Star sports or, obviously under state direction, scrambles bertaining to Sri Lanka begins to come over. ven news of a Sri Lankan cricket team abroad
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Page 15
Despite the opening of new radio and televisior to keep its monopoly of news.
A cabinet reshuffle in August 93 saw the appo Broadcasting, Mr. Tyronne Fernando. He be be to safeguard freedom of expression. Howe unit" for the media and advertising; fortunate The President announced shortly thereafter television, allowing the channels a degree presentation. However, these do not appear to continue to project the policies of the governn and more discreet than earlier.
Nevertheless, the government's concerns wi advantage or at least in a way that does not b bizarre incident. Soon after the announcemei held on 17th May, government banned, on bot even other programme material which mention
(vi) Freedom of expression in the arts
Public performances of plays and exhibitions Performance Board. While the licensing of s have suffered from standards that do not apply films.
The Public Performance Board does not conce television. The state television authority has de evaluation and control. Scripts were examine with or without amendment; thereafter the scr judges saw the finished film; their approval wa independence of these internal mechanisms wa when two television serials were stopped in m
Ava Sanda (The Waning Moon) was a teledram the situation in the country in 1988/89 and dis a female university student whose mind had After 15 episodes had been televised, it was Viewers were told that the telecasting of the
LAW & SOCIETY TRUST REVIEW - 16 OC

channels, the government appears determined
ntment of a new Minister of Information and an by assuring the public that his aim would ver, he also proposed to set up a "monitoring y we have had no further news of this unit. new set of guide lines for the radio and if discretion in the choice of material and have influenced the channels in any way, they ent, albeit with a degree of tact, less blatant
h using the electronic media for its own enefit its opponents is illustrated by a rather It that Provincial Council elections would be h radio and television, all advertisements and ed the election symbols of political parties.
of films require a license from the Public tage plays has been reasonably liberal, films uniformly to imported and locally produced
n itself with dramas and serials presented on veloped its own internal mechanisms for their d and approved by one panel of evaluators, ipts went into production. Another panel of s necessary for telecasting. The efficacy and s brought to public attention during the year dstream.
a in 24 weekly episodes. It dealt in part with appearances of students through the story of een somewhat unhinged by these incidents. brought to an abrupt end on 28th January. erial had been stopped "due to unavoidable
TOBER 1994 13

Page 16
circumstances" (Inform, 1993).
Mahamera Pamula (At the Foot of the Great
moral and financial corruption at high levels ir murder, adopted by those involved to hide an viewers were expecting the 10th episode of t version of the last episode with an abrupt inci
Both these serials had gone through the int. television authority as being suitable for e. brought to an abrupt end by an order of the questions were raised in Parliament, Mr.
Information, justified his action by referring Corporation Act and declaring that these two In public speeches, Mr. Ranasinghe has declar film-makers to corrupt the minds of young ch
The government has not been able to mou reasonable to accept that the programmes we probably deemed prudent not to remind telev insurgency in the South or of corruption at to
The internal Review Board which had given itself replaced.
(vii) Conclusion
There is no overt censorship currently existing emergency regulations. Yet, as indicated t conscious attempts by the State to prevent, b of views that are not congenial to it. The Stat group, radio and television means that these o of any dissenting opinion. While it is true th state, the media with the largest circulation di to alternative viewpoints.
14 LAVV & SOCI

Mountain), a serial in 14 episodes, dealt with 1 society and of the various methods, including d cover up their misdeeds. On January 10th, he serial. They saw instead a badly botched omprehensible ending (Inform, 1993).
2rnal approval and vetting procedures of the khibition. Nevertheless, their exhibition was minister responsible for broadcasting. When A.J. Ranasinghe, the Minister of State for
to Article 7(2) of the Sri Lanka Rupavahini teledramas had "violated norms of decency" 'ed that he was not prepared to allow television hildren (Inform, 1993).
int any justification of these actions. It is re suppressed because of their content; it was iewers of the methods adopted to suppress the p levels.
final approval to these two serials also found
, either in terms of the normal law or even the by the facts reported above there have been y harassment and intimidation, the expression e's control of the largest newspaper publishing rgans are not ordinarily open to the expression at there are newspapers that are critical of the Oes not usually give equal or reasonable space
'ETY TRUST REVIEW - 16 OCTOBER 1994

Page 17
Review of Sri Lanka: Sta
Tej
The Law and Society Trust, in a collaboratic and INFORM, has recently published Sri Lank and Society Trust, 1994), the first report of rights in Sri Lanka. State of Human Rights p in the country during 1993 as measured thro The report also points to the Sri Lankan govel under constitutional guarantees and under is structured, and written in clear and simple pro at no point lost in the labyrinths of legal or t
The book begins with a brief description
understanding of human rights. This summa brush, is helpful in acquainting the reader wit the ensuing discussion. The second chapter c to the point, enumerating both positive and né as made in 1993. There follows at the end oft that were in effect in 1993; this list interesting subject matters dealt with through emerge Licensing of Firearms) but also far more obtu. authors note that the list is not exhaustive due
in the compilation of such a list.
The third chapter on civil and political rights section is divided into three parts: respect expression, and freedom of association. All th reveal the extent and the nature of the vi organizations through active interference or government militia groups, most pointedly th framework of civil and political rights, and ( rights - except noticeably in the case of custo particular interest in this chapter are the discu of the media, the infamous case of Premadas unions. The discussion of the Prevention o however, and would be better placed in the cl
LAW & SOCIETY TRUST REVIEW - 160

te of Human Rights 1993
Thapa
n with the Nadesan Centre for Human Rights a State of Human Rights 1993 (Colombo: Law an annual series on the conditions of human esents a comprehensive study of human rights igh various legal, political and social indices. nment's affirmative duties to its citizens, both ternational obligations. The report is wellIse. The complexity of the issues presented is 'chnical jargon.
of the legal background necessary for an ty introduction, although drawn with a broad h the basic premises and problems relevant to in emergency regulations is likewise brief but gative revisions to the emergency regulations his chapter a list of the emergency regulations gly reveals that not only are the more obvious ncy regulations (Possession of Explosives, se ones (Edible Salt, Games of Chance). The to the enormous practical difficulties involved
constitutes the backbone of the report. This for the integrity of the person, freedom of ree parts, read either severally or as a whole, plations perpetrated against individuals and indifference on the part of the various antiLTTE. The authors provide the normative etail specific instances of violations of these ial torture, where no instances are cited. Of ssions on detention and fair trial, harassment a Udugampola, and the regulation of labour Terrorism Act gets somewhat short shrift, apter on emergency regulations.
TOBER 1994 15

Page 18
The chapter on displacement and the right to conditions of refugees and the contradiction: repatriating them. The systematic neglect and refugees is an issue receiving much attention in point very clearly to the need for internationa Lankan refugees, particularly internal refugees other chapters because of a conscientious effor accounts and conclusions drawn by various resettlement and repatriation process, creatin accurate, picture of the distinctive problems po
A study of human rights conditions in Sri Lanl civil war. The report not only contains a cha problem, but the larger percentage of the repor a direct consequence of the war, as is eviden exemplary about this report, however, is that attendant consequences at the expense of other economic and social rights, women's rights, and formulated and sustained government progran Using birth and death rates, maternal and child participation rates, these chapters make clear ti calibrated merely on legal and political scales. disappointing in certain parts. The section on w of national domestic law, but fails to mentio women in familial contexts. The section on vic example, the conditions faced by prostitutes, v women who are victims of war crimes.
Although the writing is clear, there are occasion is somewhat idiosyncratic. That one report sh to human rights while remaining stylistically pe This ambitious report succeeds in compiling int human rights abuses. Despite a few shortcom noteworthy. There is, for example, an intel community which emphasizes the importance of currently exist beyond the boundaries of the bibliography as well as a list of all the releval ratified by Sri Lanka. State of Human Right reporting of human rights conditions in Sri Lan and with conditions in Sri Lanka generally wou
16 LAW & SOCIE

emain presents a compelling account of the
involved in the efforts at resettling and abuse faced by the vulnerable population of the world today; the authors of this chapter and national attention to the plight of Sri . This chapter stands out from among the made by the authors to reveal the differing humanitarian organizations involved in the g thereby a full, and consequently more sed by refugees.
a must necessarily confront the issue of the pter devoted exclusively to the North-East t is concerned with violations perpetrated as t from the foregoing paragraphs. What is it is not consumed by the civil war and its human rights indicators. The chapters on children's rights highlight the need for wellls to raise the national standard of living. | mortality rates, literacy rates and electoral hat the condition of human rights cannot be The chapter on women's rights, however, is omen and the family presents the basic tenets n actual conditions and problems faced by plence against women does not mention, for who have historically been much abused, or
al stylistic inconsistencies and the footnoting ould cover exhaustively all issues pertaining fect is perhaps an unreasonable expectation. o one document various important forms of ings, the breadth of the issues examined is esting article on the rights of the Vedda recognizing an ethnic group whose concerns North-East problem. There is a helpful ut international instruments ratified and not s represents an important new step in the ka. All those concerned with human rights ld be well advised to read it.
TY TRUST REVIEW - 16 OCTOBER 1994

Page 19
Review of Human Rights in Deve
Kanya D. Tal
Human Rights in Developing Countries: Year Nordic Human Rights institutes, the Ludwig and the Netherlands Institute of Human Rights publish comprehensive assessments of human South in the areas of civil and political rights a It also aims to enable assessments of the over country by reporting on countries at three y countries, the Yearbook also carries articles to developing countries.
The 1994 Yearbook covers events during the p two parts. Part One comprises of four themati and Part Two consists of reports on human r countries included in this issue are Angola, C. and Tanzania. The Report also includes tables instruments.
The report on Sri Lanka is authored by Ber researcher at the Chr. Michelsen Institute in Sw Yearbook, published in 1991. While covering
notes particular trends and developments sinc organisations reporting on human rights situ addresses human rights concerns in a wide rang of coverage, the Yearbook coverage of Sri comprehensive among the reports done on Sri
The report begins with a discussion of Sri Lank: Constitutional commitments to human righ implications of the Executive Presidency; the pi of the country and its social, political and legal reader with the conceptual framework necess: discussion on particular civil, political, econon
LAW & SOCIETY TRUST REVIEW - 16 OC

ping Countries: Yearbook 1994
poe-Sanders
ook 1994 was published as a joint project by oltzman Institute of Human Rights, Vienna,
Utrecht. The Yearbook project proposes to rights trends in developing countries of the well as economic, social and cultural rights. ll trend of the human rights situation in each ar intervals. Besides reporting on specific n human rights related topics with relevance
eriod 1991-1993. The report is divided into c studies on human rights and development, ights in selected developing countries. The nina, Ghana, Honduras, Pakistan, Sri Lanka denoting ratifications of major human rights
Idigt Olsen who is a political scientist and eden. Sri Lanka was last covered in the 1990 the events that took place in 1993, the report 2 the last report. Unlike other international ations in various countries, the Yearbook 2 of areas. In terms of the breadth and depth Lanka in 45 pages is by far the most Lanka by foreign institutions.
's international legal obligations and national s; the structure of government and the tracted armed conflict in the North and East ramifications. Such a structure provides the y to grasp the significance of the ensuing tc and social rights.
OBER 1994 17

Page 20
The events and developments during 1991, 1 were innumerable in Sri Lanka, especially in th a comprehensive picture of the human rights s in just 45 pages is impossible. The author's events during 1991 to 1993 is commendable.
police custody, arbitrary arrest and detentic especially after incidents such as assassinatio curtailment of freedom of expression of th perpetrators of human rights violations are wel violations by the government but the LTTE as
The author also notes that the governmen international monitoring of human rights in Amnesty International, the ICRC and others to missions to Sri Lanka. She goes on to show of Amnesty International's recommendations several national commissions and organisation Hovever, the author fails to discuss the failu Commission for Elimination of Discriminatio) the Official Languages Commission which hav all the tasks specified in their mandates either ( nevertheless, notes that the work of the P Involuntary Removal of Persons has been circu due recognition to the commendable work
undertaking 1,600 visits to detention camp preventing the "disappearance' of those arrest
Sufficient depth of coverage on all issues is to the coverage of which encompasses a wide ra result the report provides a bird's eye-view rights, minorities and refugees. For example, in Sri Lanka where there are approximately 6( in refugee camps. The civil, political, ecor people are many and has not been sufficientl section focuses primarily on women's ec opportunities and right to proper working co issues lack depth, the major problems are hig
Another article in the Yearbook of relevance Rights of the Child in Developing Countries:
18 LAW& SOCI

92 and 1993 with human rights implications e civil and political rights spheres. Presenting ituation in all the areas covered by the report aliant attempt at presenting the panorama of High incidence of disappearances, torture in n and periodic round ups of Tamil youth is or bomb blasts in Colombo, the pervasive e media, and the impunity enjoyed by the l presented. The discussion presents not only
well.
t had relented during this period towards Sri Lanka by allowing organisations such as Operate within the country and send periodic how the government has implemented several
by noting that government has established s for the purpose of protecting human rights. re of some of these organisations such as the n and Monitoring of Fundamental Rights and re neither exercised the powers nor performed lue to lack of resources or political will. She, residential Commission of Inquiry into the lmscribed by the revised mandate, and accords done by the Human Rights Task Force in s holding a total of 5,068 detainees, thus. ed and detained.
o much to expect from a report of this length unge of topics and a span of three years. AS a on topics such as women's rights, children's the plight of the displaced is an acute problem )0,000 displaced persons, most of them living tomic and social rights implications of these y addressed. Moreover, the women's rights onomic rights in relation to employment nditions. Even though the coverage of these hlighted.
to Sri Lanka is Thomas Hammarberg’s "The International Norms and Procedures for Real
ETY TRUST REVIEW - 16 OCTOBER 1994

Page 21
Change?". The article discusses the ration September 1990, the consequent World D. Development of Children Declaration) and th Convention). The basic tenets of the Declau Child", "Views of the Child", "Right to Discrimination" are discussed in light of the r disappointing about this article is that it stol Declaration and the Covenant. As the title sug Countries: International Norms and Procedur discussion of international norms in relation t rights in developing countries. The article, h Declaration and the Convention.
Overall the Yearbook is a noteworthy publicat developments and trends in developing countrie of relevance to the developing world. The Yeal policy makers, activists and institutions concer
LAW & SOCIETY TRUST REVIEW - 16 OC

le for the World Summit for Children of claration on the Survival, Protection and 2 UN Convention on the Rights of the Child ation and Convention, "Best Interests of the
Survival and Development" and "Nonlevant articles of both instruments. What is s short of presenting the provisions of the gests "The Rights of the Child in Developing es for Real Change?", one would expect a o the realities of the condition of children's owever, serves only as an exposition of the
ior in terms of its coverage of human rights s, as well as in its inclusion of topical articles book is a valuable addition to the libraries of ned with human rights.
"OBER 1994 19

Page 22
BURMA RE
OF THE GENERAL ASSEMBL
20th Dece.
Whereas the General Assembly of the United Nati
that:
a) it is gravely concerned at "the continuing v by the Special Rapporteur and in particular labour, abuse of women, restrictions on expression and assembly, and the impositi ethnic and religious minorities";
b) it is "gravely concerned that the Gov. commitments to take all necessary steps to elections held in 1990"
Whereas the Universal Declaration of Human Rig basis of the authority of government".
Whereas the peoples of Myanmar and Sri Lanka cultural exchanges.
And whereas human rights activists in Sri Lanl concerned groups in Myanmar to respect the verdi 1990 and to work towards an immediate transitio
The House:
1. strongly urges that the Nobel Peace Priz year of detention without trial be release other political leaders and remaining poli
2. strongly urges that immediate steps be tak elected representatives and to allow all ci and
3. calls for full respect for human rights an right to life and the integrity of the humal given to the Resolution 48/150 of 20th De Nations.
20 LAW & SOC

SOLUTION
Y OF THE UNITED NATIONS
mber 1993
ns on 20th December '93 resolved without a vote
iolations of human rights in Myanmar, as reported summary and arbitrary executions, torture, forced fundamental freedoms, including the freedom of on of oppressive measures directed in particular at
rnment of Myanmar has not implemented its wards democracy in the light of the results of the
hts states that "the will of the people shall be the
have had strong historical, religious linkages and
(a made an appeal on Vesak day in 1992 to all ct of the people as expressed in the elections of July n to democracy.
Laureate Aung San Suu Kyi who is in her sixth d unconditionally and immediately, together with tical prisoners;
en to transfer political power to the democratically tizens to participate freely in the political process;
fundamental freedoms and more particularly the person, and in that regard urges that full effect be cember 1993 of the General Assembly of the United
IETY TRUST REVIEW - 16 OCTOBER 1994

Page 23
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