proceed due to prescription, difficulty to continue due to lack of interest shown by the aggrieved
parties due to various reasons, can be mentioned as instances where redress could not be
accorded. On occasions the case is brought to a closure when it is simultaneously being tried by a
court of law or being attended by another authority.
1.6 Follow-up Actions and non-implemented Recommendations
The Human Rights Commission, after inquiring and investigating into complaints lodged, issue
recommendation whenever a violation of Fundamental Rights is detected. The Human Rights
Commission for years has exercised follow-up action to check whether the recommendations
issued were enforced. The procedure followed is to initially inquire from the respondent of the
progress of the matter and if the respondent fails to reply, to send him a reminder. The cases, for
which the respondent fails to reply or has not implemented recommendations, will be taken up
before the Chairman again for a re-consideration. The 136 cases were taken up before the
Chairman.
1.7
Selected Complaints
1. Protection of Environmental Rights
HRC/AP/401/2012
Petitioners : Wasantha Kumari Ratnayake & A M N G S Bandara Dhanasekara
Respondents : Resident Business Manager & Others , Sri Lanka Mahaweli
Authority
The Petitioner had lodged a complaint against Mahaweli Authority and Divisional
Secretary for not taking action against a concrete factory which was functioned without
following Legal regulations.
By the complaint the petitioner pointed out the operation of this factory caused sound
pollution and Air pollution.
In the inquiry it was revealed the Mahaweli authority has informed Divisional Secretary
to stop issuing business license to the owner of the said factory.
The Environmental
Protection License which was issued by Pradeshiya Saba was not valid and the business
has not been canceled.
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