Ombudsman in Sri Lanka

In Sri Lanka there are two types of Ombudsman, public and privately appointed Ombudsman. The statutory Ombudsman was created by the 1978 Constitution under Chapter XIX - The Parliamentary Commissioner for Administration.

The Parliamentary Commissioner for Administration (Ombudsman) is a constitutional appointment and is charged with the duty of investigating and reporting upon complaints or allegations of the infringement of fundamental rights and other injustices by public officers and officers of public corporations, local authorities and the other like institutions.

Since 1978, the office of the Ombudsman have received numerous complaints and according to reports many of the grievances have been settled by Ombudsman on recommendations made to relevant Government Departments and Institutions.

Parliament Ombudsman -

Dr. R.B. Ranaraja

594/3, Galle Road,

Colombo.

Tel. No. 2588798.

Private Ombudsman

In addition to the National Ombudsman, number of dispute resolution Ombudsman have been appointed during the past two years. In 2003 with the enactment of the Consumer Affairs Authority Act, No. 9 of 2003, inquire into public complaints against sale of goods and provision of services fell within the scope of the Consumer Affairs Authority.

However, different sectors in the economy like financial, insurances, legal, mediation and accountancy took the view that they can set up competent neutral Ombudsman who could consensually resolve disputes related to their particular discipline or industry.

Hence disputes relating to Banks would be mediated by the Financial Ombudsman.

The public who has disputes with Banks may refer such cases to the Financial Ombudsman.

Financial Ombudsman -

Mr. Walter Laduwahetty

(Bank Matters)

141/2, Vajira Road,

Colombo 5

Tel. No. 2595624.

Similarly disputes in respect of Insurance Institutions such as accident claims could be referred to the Insurance Ombudsman.

Insurance Ombudsman -

Dr. Wickrama Weerasooriya

(Insurance Disputes)

143/A, Vajira Road,

Colombo 5.

Tel. No. 2595624.

However, it should be noted the prescription period of two years, relating to accident insurance claims will not be waived by referring to the Ombudsman and as such it is advisable that legal action be instituted for recovery of damages and insurance claims before the expiry of two years.

Among the other mediation institutions is the Alternative Dispute Resolution Institute (ADRI) which will provide trained professional mediators to act as neutral mediators in respect of general disputes.

Mediation Assistance -

Ms. Pushpika Weerakoon

Alternative Dispute

Resolution Institute,

61, Carmel Road,

Colombo 3.

Tel. No. 011-5628310.

The concept of Ombudsman could be traced back to 1809 when Sweden established the 1st Ombudsman in the world. The concept did not spread to other countries until the 20th century when Ombudsman was appointed in Finland in 1919, Denmark in 1955 and Norway in 1962.

In the latter half of the 20th century the Office of the Ombudsman spread to European and Commonwealth countries.

Sri Lanka is one of the earliest developing countries who has established the office of Ombudsman in 1978, when there were only less than 23 Ombudsmen in the whole world.

Today with the expansion of democracy over 120 countries have established the Ombudsman Office at the national level. Public are invited to make use of the modern mediation mechanism of the Ombudsman to resolve their disputes.

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Questions and answers

Traffic law

Question

Could you explain the difference between the single white line and the double white line on our roads?

Mario Wijesekara

Answer

When you have single uninterrupted white line you may not normally overtake the other vehicle. But if you meet with an accident you have to take the responsibility and be held accountable. When you have two uninterrupted lines you cannot overtake. Even if you make an attempt to do so the traffic police can charge you.

Elders protection under the law

Question

I am an old woman. I have three children. They are all married. I have given my property to them. But now they don?t look after me. I have no permanent place of residence and no body to look after me in my old age and in times of sickness.

I have little savings in the Bank. But my children are forcing me to help them by withdrawing those savings. Is there any legal remedy that I could have recourse to?

Margert Fernando, Dehiwala.

Answers

Yes, there is a legal remedy for people like you. Elderly people have contributed so much to society. Therefore, they have a right to enjoy their old age with dignity. So the legal system in Sri Lanka has taken all these matters into consideration and has framed provisions to help the elderly people who face such difficulties.

Under Sec 25 of Act No. 09 of 2000 of the Elders Protection Law, you may claim compensation or monthly remuneration from your children for your maintenance.

If you need further assistance you may apply to the Director, National Secretariat for Elders, 150/A, LHP Building, Nawala Road, Nugegoda. You may hand over your request in writing to the Chairman, Elders Unit, Legal Aid Commission, No. 129, High Court-Complex, Colombo 12 or you may personally meet us at the above place. The Elders Unit helps people like you in various ways, such as

* Providing proper legal advice before you transfer your property to your children.

* Providing lawyers free of charge,

* Getting maintenance from your children,

* Facilitating the legal rights and making you aware of legal rights,

* If you can not reach us we are ready to come and meet you to providing legal advice at your elders home and

* If you have no permanent place or residence helping people to find a place to stay.

Validity of judgement

Question:

As a result of dispute over right of way hindrance, legal relief was sought and judgement obtained whereby (A) was ordered not to obstruct the free use of the roadway in any manner in the portion marked ?X? to ?Y? in the Commission Plan submitted by the surveyor. Since A had now sold the premises, could you please enlighten me whether the court order is bound on the new owner?

Jayasuriya, Colombo.

Answer:

If there is a judgement by a competent court of law giving effect to the right of way, on particular land, any person who owns it would be bound by the judgement.

Migrant workers

Question:

I am a victim of a foreign employer who has cheated me by not paying my dues for which I am legally entitled for, as per the contract of employment. I was recruited through a proper channel to work in a Company as Accountant in a foreign country.

All the necessary formalities were processed by employment and I was sent to work as an Accountant.

As per the contract of employment, I should work for only 8 hours a day and Sunday to be a holiday. Whereas I was forced to work for almost 14 hours a day without any day off including public holidays, X?mas day and even on May 1st, Workers Day without any additional payment being made. I could not refuse due to fear of losing the job.

By way of doing this compulsory work, I have exerted myself to such an extent that I have worked for 30 additional months for this employer. Accordingly this employer has to pay me US$27,000 for which I am entitled for.

Please advise me as to what steps I should take next to recover my dues, for which I am entitled for legally.

Mohamed, Colombo 5.

Answer:

According to your question, you have not mentioned particulars about the Local Agent. And also if it is a Registered Agency, you have to complain to the Foreign Employment Bureau has a responsibility to hold an inquiry.

According to Sec. 44 (1) (a) of the Sri Lanka Foreign Employment Bureau Act No. 21 of 1985, where the Bureau receives a complain from any person recruited for employment outside Sri Lanka, Foreign Employment Bureau must hold an inquiry against the Licensee (Registered Agency).

Section 44 (1) (b) of the Foreign Employment Bureau Act further states that if an officer authorized by the Bureau finds after such inquiry that the complaint is proved, then the officer can make an award directing the Licensee to pay a determined amount to such person.

Under Section 44 (4) of the Act the Bureau can file action in the District Court to recover the said money.

Prevention of bribery and corruption

Question

I am an honest citizen of this country. I witnessed a situation where a bribe was given to a government officer. What should I do to maintain the law of this country?

Niro Shami Fernando, Katana.

Answer:

All complaints of Bribery and Corruption that involves public servants should be immediately brought to the notice of the Bribery Commission to Investigate Allegation of Bribery or Corruption

Day and night - Telephone No 2586257

During office hours - Telephone No 2586241

Please note that the category of public servants is very wide under the Bribery Act and not restricted to public service in Government (Public) Service.

Citizen?s Rights

Question

Can senior citizens use a park which has been leased out to others by the Local Authority and is there any legal remedy to protest against it?

Senior Citizen, Havelock Town.

Answer:

If the park belongs to the Municipality, any citizen can use it. However, if the park belongs to any club or authority, they have to get the permission from the relevant club/authority and abide by their respective Rules and Regulations.

Partition

Question

I am a Plaintiff in a certain partition case judgement of which was delivered in November 1998. A Defendant who becomes a party in the partition case after about a year from the date of filing a partition case, appealed against the judgement as it is stated in the judgement that a tenancy has not been proved.

There are four other Defendants in the case. Now it is well over seven years and hence I would like to know how to get this case taken up at the Appeal Courts in Colombo at a very early date.

H.B. Ekanayake, Pitagaladeniya.

Answer

According to your complaint you have filed an appeal against the judgement of the partition case seven years ago. More than 20000 appeals are pending in the Court of Appeal.

Therefore, your appeal will be taken up in another two or three years. If you wish to list your appeal early on the instructions of your Attorney-at-Law, you can file an Acceleration Application before the Court of Appeal only under exceptional circumstances.

Arrest

Question

Can the police arrest a person without a warrant?

Saman Alwis, Kitulgala.

Answer

In executing a warrant, the party arrested should be told about the respective offence and should be shown the warrant or a copy of the warrant upon his request. (Sec 53 of Criminal Procedure Code)

* However it is not compulsory for an such officer to have a copy of the warrant in his possession at the time of the arrest (Sec. 59) When there is a sufficient reason to believe that the warrant is issued against that person, a police officer can arrest the person without having a warrant in his possession.

* The unreported case of Moramugalige Podiappuhami Vs Daya Liyanage dealt with arresting a person based on the fiscal report. When summons were issued against such person the fiscal has wrongly recorded that a warrant is issued against him.

The question was whether the arrest was illegal. The police have used the record by the fiscal to arrest this person before the court issued a proper warrant.

Held that ?the fact that a person can be arrested without having a warrant does not mean that a person can be arrested without a proper warrant being issued against such person.?

Therefore it can be seen that an arrest should be done only after the issuing of a proper warrant.

But there is provisions in Criminal Procedure code that a police officer can arrest a person if the offence is committed in his presence.

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LAC headquarters

Colombo: Justice Hector Yapa - Legal Aid Commission,

No. 129, Hultsdorp, High Court Complex, Colombo 12.

Ms. Nelum Gamage Director Consultant - 2433618,5335281

1. Tsunami Regional Center

211, Superior Court Complex, Hulftsdorp Street, Colombo 12.

Ms. M.M. Piyumi Kumari, AAL, Coordinator

2. Welikada Jail - Legal Aid Desk New centers established by LAC in 2006

Bandarawela: Ms. Anoma Atalugama - Court Complex, AAL - Legal Officer - Bandarawela.

Matale: Mr. Jaliya Gooneratne - Court Complex, AAL - Legal Officer - Matale.

Avissavella: Ms. Hiranthi Liyanage - Court Complex, AAL - Legal Officer - Avissavella.

Ratnapura: Ms. R.M.I.R. Rajapakshe - Court Complex, AAL - Director - Ratnapura.

Welikada Prison: Ms. Thusari Karunasinghe, AAL co-ordinator, Telephone: 5335329.

Assistants - Ms. K.V.M.P. de Silva, Ms. O.S. Perera.

Centres established by LAC before - 2006

01. Batticaloa - 300/1A, Bar Road, Batticaloa 065-2223567.

02. Anuradhapura - Court Complex, Anuradhapura, 025-2224465.

03. Kandy - New Court Complex, Gatambe, Peradeniya, 081 - 2388978.

04. Kurunegala - Court Complex, Kurunegala, 037-2229641.

05. Galle - Court complex, Fort, Galle, 091-2226124.

06. Hambantota - Chief Ministers Office Complex, 047 - 2221092.

07. Nuwara Eliya - Court Complex, Nuwara Eliya, 052-2235260.

08. Moneragala - Court Complex, Moneragala, 055 - 2276191.

09. Ampara - Curt Complex, Ampara, 063-2223496.

10. Kegalle - Court Complex, Kegalle, 035-223179.

11. Chilaw - Court Complex, Chilaw, 032-5672457.

12. Akkaraipattu - District Court Complex, Akaraipattu.

13. Balapitiya - No. 618, Walagedara, Balapitiya, 091-2255753.

14. Matara - No. 38. Lawyers Complex, Fort Matara, 041-2233815.

15. Vavuniya - Court Complex, Vavuniya, 024-2221899.

16. Trincomalee - Court Complex, Trincomalee, 026-222293

17. Kalmunai - Court Complex, Kalmunai, 067-2223710

18. Jaffna - District Court Complex, Jaffna.

19. Batticaloa - 300/1A, Bar Road, Batticaloa, 065-2223567.

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Disclaimer

The answers to questions are the legal views of individual lawyers and the Legal Aid Commission only compiled them for the Daily News Legal Aid Page. Send your questions to;

Daily News Legal Aid Page,

Chairman, Legal Aid Commission,

No. 129, Hulftsdorp Street, Colombo 12.

Email - legalaid.dailynews@yahoo.com `Website - www.lawaid.org