Legislation

The Minster of Justice  Room No.32 {Block 02} BMICH,  Bauddhaloka Mawatha, Colombo 07 expertscommpublic@yahoo.com A submission on the making of a new constitution 1.This submission is made on the assumption that the attempt to make a new constitution is an act done in good faith, motivated solely by the attempt to address what has gone […]

A Joint Statement on International Human Rights Day, 2020 The international community should take a strong stand for the protection of human rights in Bangladesh, seven human rights groups said on International Human Rights Day. As Bangladeshis grapple with the impact of Covid-19, the ruling Awami League has used the pandemic to tighten the screws on critics and the […]

A Statement by the Asian Human Rights Commission on the occasion of Human Rights Day In commemorating International Human Rights Day, the Asian Human Rights Commission (AHRC), a regional human rights organization, wishes to convey a strong message to Indonesia concerning pre-trial detention, unfair trial, and torture. The AHRC notes that pre-trial detention under the […]

By Basil Fernando Why is there a need for a constitutional change? Is it to make the already bad situation worse? Or is it to undo, the state of disorder brought about by the 1978 constitution. Judging by the passing of the 20th Amendment to the constitution, it is clear that the proposed constitution is […]

The Asian Human Rights Commission (AHRC), a regional human rights organization in Asia and the Indonesian Court Monitoring Society/MaPPI-FHUI, a civil society organization based in Indonesia, wishes to inform you about a journal (essay) concerning Limitation of the Supreme Court’s Authority in the Criminal Verdict Imposition in the Draft of Indonesian Criminal Procedure Law (RKUHAP), […]

The Asian Human Rights Commission (AHRC), a regional human rights organization in Asia and the Indonesian Court Monitoring Society/MaPPI-FHUI, a civil society organization based in Indonesia, wishes to inform you about a journal (essay) concerning Justice Efficiency Improvement Through Special Line Mechanism in the Draft of Indonesian Criminal Procedure Law (RUU KUHAP), written by Mr. […]

The Asian Human Rights Commission (AHRC), a regional human rights organization in Asia, and the Indonesian Court Monitoring Society/MaPPI-FHUI, a civil society organization based in Indonesia, wishes to inform you about a journal (essay) written by the Former Head of the Corruption Eradication Commission (KPK) for the Period 2007-2011, Mr. Chandra M Hamzah concerning The […]

We, the undersigned organisations, are deeply concerned about the impact the Sri Lanka 20th Constitutional Amendment Bill (the ‘Amendment Bill’) issued on 2 September 2020 would have on the independence and impartiality of the judiciary, if adopted. Of particular concern are the amendments proposed relating to the Judiciary and to the Judicial Services Commission. The […]

By – Basil Fernando With to the 20th amendment, once again Sri Lanka will return to the 1978’s constitution in its original form. From the making of that constitution up to now has been a wasted time for Sri Lanka from the point of view of the development of an organized society capable of meeting […]

Access to Justice is coupled with multiple hindrances in Bangladesh’s Justice Mechanism. The filter of politicisation, corruption, and ineptness of professionals at all times supersedes the juridical norms in the country’s Judicial System. The COVID-19 pandemic situation has subtly exposed the problems, as reflections came from participants of a Webinar hosted by the Asian Human […]

A Written Submission to the 44th Regular Session of the United Nations’ Human Rights Council by the Asian Legal Resource Centre The Asian Legal Resource Centre (ALRC) draws attention of the United Nations Human Rights Council and its Special Procedures to the realities regarding access to justice in Bangladesh, an incumbent member of the Human […]

Phnom Penh, 13 May 2020 – Without urgent and substantial amendment, the new Law on the Management of the Nation in State of Emergency (“State of Emergency Law”) grants the Royal Government of Cambodia (“RGC”) powers to restrict the fundamental freedoms of the Cambodian people without limit. The recently promulgated State of Emergency Law was impulsively […]

The Bangladesh government has resorted once again to its notorious Digital Security Act-2018to muzzle freedom of expression, suing 11 individuals and arresting four of them following criticism of in the governments’ handling of the COVID-19 pandemic. Four people have been detained since 5 May 2020 under the draconian digital law, including cartoonist Ahmed Kabir Kishore, writer Mushtaq […]

Bangladesh’s incumbent government, headed by Sheikh Hasina, continues curbing civic space and muzzling freedom of expression. The latest target has been Netra News – an investigative news portal launched from Sweden on 26 December 2019. Bangladesh government blocked access to the news portal within 72 hours of its launching with a report entitled “A wrist of luxury”. The […]

By Basil Fernando The 2019 election has not generated any real enthusiasm among the people. There have been the usual rituals of meetings, distribution of rice parcels, promises of other little santhosom (gifts) – those are what the sovereign people of Sri Lanka have been offered. In reality, they have been left with a beggar’s […]

A comment on the memoir of Former Chief Justice Dr Shiranee Bandaranayake entitled “Hold Me in Contempt” Basil Fernando Attorney-At-Law This memoir by former Chief Justice Dr. Shirani Bandaranayake on the (now nullified) impeachment is a significant contribution to the cause of promoting the independence of judiciary in Sri Lanka. Its significance lies in the […]

By Basil Fernando In a Thai courthouse on 4th October 2019, Judge Khanakorn Pianchana shot himself in the chest as a protest against interference with the independence of judges in their decision-making process. Fortunately, he survived the suicide attempt – made in open court – and is reportedly out of intensive care. Regarding the issue […]

By Basil Fernando Legalistically speaking, a nation is a people living together in a particular geographical region. But legal definitions do not create a nation. The meaning of nation is far deeper than any legal definition of it. Often politicians define a nation in terms of ideologies. For example, if a nation at a given […]

  By Basil Fernando  The 1978 Constitution of Sri Lanka is an outstanding example of how meaning can be manipulated through the weaponisation of ambiguity. It uses language that gives the appearance of a liberal democratic constitution of a republic while also putting in place various devices that severely undermine all the basic norms and standards […]

Affirming something through a declaration and denying the same in actual practice happens everywhere, but the real test of affirmation is the degree to which something is practiced. When what is affirmed and what is actually practiced is virtually divorced then the very act of affirmation becomes a mockery. That, unfortunately, is the situation regarding […]