New amendments to strengthen Human Rights
by Manjula FERNANDO
The Government will shortly bring in amendments to replace the
present Fundamental Rights chapter in the Constitution, fulfilling
another promise of the 'Mahinda Chinthanaya'.
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Recommended
*Abolition of the death penalty- as there
is no conclusive evidence of its deterrent value and that
any miscarriage of justice in the implementation is
irreversible and irreparable.
*Right to human dignity, the inherent
right to life, the right to recognition as a person before
the law and the security of the person be recognized as
fundamental rights.
*It has been proposed that the freedom to
hold opinions and rights of access to information, the right
to privacy and family life and the right to ownership of
property be included.
*Recognition of family rights and
children's rights in the fundamental rights chapter.
*Inclusion of a provision to stop
unethical conversions
*Judicial control of parole to prevent
early release of hardcore criminals. |
Human Rights and Disaster Management Minister Mahinda Samarasinghe
said a Draft Bill prepared by a panel of eminent persons headed by
constitutional expert Dr. Jayampathy Wickremaratne was now ready and
will be handed over to the President.
At the 2005 presidential election President Rajapaksa made a pledge
that steps will be taken to include a new 'Charter of Rights' based on
the declaration of the UN and other international treaties to uphold and
protect social, cultural, political, economic and civil rights of all
Sri Lankans.
The work on a new chapter on 'Fundamental Rights' was initiated in
2006 and a panel of experts was appointed by the Human Rights Minister
subsequently. It has now finalized the draft after intense consultations
and deliberations under the supervision of two key ministries tasked to
support the endeavour; 'Human Rights and Disaster Management' and
'Constitutional Affairs', the Minister said."The bill is in my
possession now", he said adding the draft will be first shown to the
President and then presented to the Cabinet for approval.
In preparing the draft the committee took note of Universal
Declaration on Human Rights and five other international human rights
instruments to which Sri Lanka is also a party, including the
International Convention on the Elimination of All Forms of Racial
Discrimination (CERD) and Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT).
Six sub-Committees under the expert panel have made intense
deliberations to formulate the recommendations. The sub-Committees were
Socio - Economic and Environmental Rights chaired by Dr. Deepika Udagama,
Women, Children and Marginalized Groups, chaired by Mrs. Jezima Ismail,
Criminal Justice Chaired by Uditha Egalahewa, Groups Rights, chaired by
Dr. Devanesan Nesiah, Civil and Political Rights chaired by V.T.
Thamilmaran and Enforcement, chaired by Javed Yusuf.
Political parties and the public will be consulted before obtaining
Cabinet approval for the Draft Bill, Minister Samarasinghe said adding
that the aim was to put the draft before the Cabinet soon after the
Parliamentary election which will be held before April 2010. |
