appointed the Human Rights Commission led to criticisms within and outside the country on the Sri Lanka
Commission’s lack of institutional independence in dealing with Human Rights matters in conformity with
the Paris Principles - International standards on National Human Rights Institutions. The 19th Amendment
has addressed that concern, since the President can only make appointments on the recommendation of
the Constitutional Council, which recommends appointments to high posts and Commissions.
The Commission has wide powers and can investigate complaints of violation of Human Rights. It has
a mediation role in that the Commission can interact with State authorities and give a remedy or prevent
rights violations by them. The Commission has other powers which include initiating investigations
into systemic violations, undertaking research in this area and preparing reports which can be a basis
for improving national standards and influencing law and policy reform, programmes and allocation of
resources for the implementation of human rights [See Annex].
c) The National Child Protection Authority (NCPA)
This Authority was established as a nodal agency for child protection under a statute - the NCPA Act
(1998). However from 2005 the NCPA has become a unit of the Ministry of Women and Children. This
arrangement fails to recognize its institutional independence as a separate statutory authority with powers
given under the Act of Parliament that created it.
d) Police Women and Children’ s Desks
These Desks have been appointed to function within police stations to deal with all complaints and
matters affecting women and children. Research on the functioning of these units indicates common
problems of lack of adequate human and financial resources, training, and a high chain of command, so
as to have the capacity and authority to impact on effective law enforcement in the area of GBV [See
Annex].
e) The Legal Aid Commission
This Commission has been established under an Act of Parliament, the Legal Aid Law (1978). It consists
of some representatives of the legal profession nominated by the Bar Council of the professional body,
the Bar Association of Sri Lanka. The Commission has offices in the provinces. They provide free legal
aid to clients including women who need legal assistance especially in criminal cases. They conduct legal
literacy programmes and also deliver services in mobile clinics and familiarize the community on regulatory
procedures which impact on access to State facilities and services (S.3 and 4).
The ICCPR Act (2007) now specifically provides a right of access to free legal aid in criminal cases
“where the interests of justice so require and ….. where(he) does not have sufficient means to pay for such
assistance” (S. 4 (1)(c)). Another provision specifically provides for free legal assistance from the State
in criminal proceedings affecting the child, “if substantial injustice would otherwise result” (S. 5 (1)(d)).
These rights can, as observed earlier, be enforced through proceedings in the High Court, and can help
women and children to access free legal assistance in facing criminal charges brought against them. The
right of children including girl children is confined to criminal cases brought against them, since the section
refers to “criminal proceedings affecting the child” (Art 5 (1) compared with Art 4 (1)(c)). As mentioned
earlier, this Act and its important provisions that can strengthen people’s including women’s rights have
COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS
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