NCVC salutes VWAP statute

by Sarath Malalasekera

National Centre for Victims of Crime (NCVC) welcomes the proposed legislation to protect and assist victims and witnesses (VWAP).

The convenor of the National Centre for Victims of Crime, S. S. Wijeratne has expressed his deep appreciation of President Mahinda Rajapaksa's personal intervention in this matter.

NCVC established in 2002 on a proposal by the Chief Justice Sarath N. Silva with an Advisory Council consisting of apex figures in the Criminal Justice System has for the past five years urged authorities to enact a VWAP law in Sri Lanka.

It was also NCVC that had initiated the first draft law to protect victims of crime in 2002 which was, after long deliberation by the then National Law Commission was approved and transmitted to the Ministry of Justice in 2002 itself without any tangible action upto 2006, the NCVC Convener said.

The draft law was based conceptually on 1995 UN Declaration of Victims of Crime and Abuse of Power and national laws of few countries, Australia, South Africa, Canada and the USA which have enacted VWAP legislation.

NCVC with support of UNHCR and Asia Foundation launched an islandwide program to familiarise the prospective stakeholders on principles of victims' and witnesses' protection. The key persons in a future program of implementation, such as high court judges, magistrates, criminal court officials, Attorney-General's prosecutors and over 6000 crime police personnel in the island, will be involved.

Sri Lanka received support from Australian experts in training the prosecutors in the Attorney-General's Department. Late Attorney General K. C. Kamalasabeysan, PC, played a crucial role in the senior training programs for prosecution.

The new draft Law

The 2007 draft law is based on 2002 draft law incorporating many new legal provisions.

The present Attorney-General, C. R. de Silva, PC has worked extensively on the new draft and has expanded the scope of the law from the courts system to include the Commission of Inquiry. The draft law has also included new category of victims namely victims of human rights violations. Many Human Rights or Fundamental Rights Violations - i.e. torture or unlawful arrest are also crimes under the Sri Lankan Law but some others' rights like violation of equality before the law are not treated as crimes in our penal laws.

The inclusion of victims of violation of fundamental rights along with victims of crimes is delicate and is a difficult legislative mix.

The proposals made by interested and competent organizations should receive due attention of the law makers but criticism should not delay VWAP legislation in Sri Lanka any longer.

Amendments would have to be made to the law upon the practical application of this fundamental law as Sri Lanka gathers experience on victims' and witnesses' protection.