HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2018
1.2 Nature and scope of the mandate
HRCSL is an independent Commission, established to promote and
protect human rights in the country. The Commission is also mindful of
Sri Lanka’s international human rights obligations and strives to ensure
the country abides by these obligations.
The Commission was established in 1996 by the Human Rights
Commission of Sri Lanka Act, No. 21 of 1996(the Act). The Act sets out
the legal basis and operational principles of the HRCSL. The HRCSL is a
scheduled commission under the 19th amendment to the Constitution of
Sri Lanka but it is not formally established by the Constitution. The
Chairperson and Members of the Commission are appointed by the
President on the recommendation of the Constitutional Council. The
Commission is answerable to Parliament.
Under the Act Commissioners hold office for a period of three years and
are eligible for reappointment. Under Section 4 of the Act,
Commissioners are guaranteed security of tenure with removal made
possible only after following procedure akin to the removal of Justices of
the Supreme Court and Court of Appeal.
The Act recognizes the jurisdiction in the Commission in terms of
fundamental rights and human rights. Fundamental rights are certain
civil and political rights as well as economic, social and cultural rights
guaranteed in Chapter III of the Constitution of the Democratic Socialist
Republic of Sri Lanka. Human rights are defined in the Act as “rights
declared and recognised by the international convent on Civil and
Political Rights and the International Convents on Economic, Social and
Cultural Rights” thus empowering the Commission to ensure national
standards are in compliance with international legal obligations of Sri
Lanka.
The statutory functions of the Commission (as set out in Section 10 of
the Act) are:
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