Introduction - Corporate social responsibility

Business and Human Rights

The mission statement of business written in 1970 by Milton Friedman that "the one and only social responsibility of business is to increase its profits" is still considered valid but inadequate. Business cannot continue to prosper by remaining indifferent to environmental degradation, ecological disaster and human rights issues in the surrounding community.

The global business leaders have already articulated the need for change. George Soros had cautioned that "the doctrine of laissez-faire capitalism holds that the common good is best served by the uninhibited pursuit of self interest. Unless it is tempered by the recognition of common interest....is liable to break down".

The Chief Executive of BP speaking in 1998 stated "we (business) are part of society and have some responsibility to contribute to its positive development. That covers such issues such as human rights".

The mission statements of many transnationals now reflect this change in attitude towards corporate responsibility for human rights. The classical market fundamentalist dictum was, if business looks after profits and generates employment, the social rest, like equal opportunities and respect for human rights would automatically follow.

This dictum is already revised by many transnationals like Levi-Strauss, Reebok, The Body Shop, Royal Dutch Shell, Nokia, Statoil and British-Telecom who have adopted corporate codes incorporating human rights principles.

The mission statements of many of these giant firms openly support the Universal Declaration of Human Rights. This, Royal Dutch Shell in their social mission statement in 1998 unequivocally stated that the company will "engage in discussion on human rights issues when making business decisions".

It is in this context, that the new gurus of capitalism have grafted human rights, environmental and ecological responsibility to the good governance codes of the business houses during the past five or six years.

If the business houses, who sit at the top of the commanding heights of the economy, remain aloof without being pro-active on human rights issues, they are bound to go down on the same road as Communism but this time for different reasons. Engaging in the human rights discourse is therefore a competitive survival strategy.

The face of business has also changed radically during the past decades. The biggest business today is intellectual business. Agriculture and industry play a secondary role but is radically transformed by the infusion of intellectual capital. Biotechnology and robotics are already having a profound influence on the traditional sources of growth and wealth.

The knowledge based industries including IT depend on the intellectual and skill potential of the human beings. It is true that for sometime the corporate leaders were emphasizing that people were their best assets, not machinery, land or money.

If human intellectual capital is the primary asset, the corporate responsibility to promote the rights of the humans should become the integral philosophy of business leaders.

Good corporate governance and good business are synonymous. Good corporate governance include sustainable business and respect for universally adopted principles of justice, human equality and transparency.

Neither the Governments nor the corporate giants can shy away from the responsibility for human values. The development of information technology closed the era when Government and corporate sins were hidden under the rug.

The civil society organisations and the media keep eternal vigil on the surreptitious deviations of both business and Government from international standards. The Eppawela phosphate debate was a good example.

Questions and Answers

Fees for obtaining passport

Question: My children are in Italy. I want to join them. Therefore I need a new passport. I want to know the current fees payable for obtaining a new passport?

Daisy, Mudukatuwa

Answer - The following fees are charged for obtaining a new passport.

One day Service Normal Diplomatic Service

Official

Ordinary Rs. 7500.00 Rs. 2500.00

All Countries

Middle East Rs. 2500.00 Rs. 1000.00

Fees for Alterations

Rs. 250.00 Charges for one alteration.

e.g: To delete children - Rs. 250.00

To enter a new job - Rs. 250.00

If you need further information you can contact 011 5329000. Website: www.immigration.lk. Address: Dept.of Immigration and Emigration, 41, Ananda Rajakaruna Mawatha, Colombo 10.

Can late employees be punished by imposition of fine?

Question - I am the Manager of an Export Firm. Most of the employees are in the habit of coming late to work and some are in the habit of consuming alcohol during working hours.

(a) Can I punish them by imposing a fine?

(b) Could it be done without the consent of the employee?

(c) What are the offences for which fines can be imposed?

(d) What is the maximum percentage of the salary that could be deducted at any one time in respect of fines?

M.D. de Silva, Colombo 4

Answer

(a) You can punish them by imposing a fine for the offence committed.

(b) No fine can be imposed without the consent of the employee. In addition your Management should set up a Fund with the approval of the Commissioner General of Labour. The Fund should be used only for the benefit of the employees.

(c) Fines may be imposed for the commission or omission of the following acts-

(i) Absence from work without reasonable excuse.

(ii) Late attendance at work without reasonable excuse.

(iii) Causing damage to, or causing the loss of goods or articles belonging to the employer, such damage or loss being directly attributable to negligence, wilfulness or default of the employee.

(iv) Slacking or negligence at work.

(v) Sleeping whilst on duty.

(vi) Willful failure on the part of the employee to comply with any lawful order given to him in relation to his work.

(vii) Theft of goods or articles belonging to the employer, or fraud or dishonesty in connection with the Employer, or fraud or dishonesty in connection with the Employer's business.

(viii) Intoxication during working hours.

(ix) Willful insubordination or willful breaches of discipline.

(x) Incivility to any person who visits the Employer's premises for the transaction of business.

(xi) Malingering

(xii) Interference with any safety devices installed in the Employer's premises.

(xiii) Distribution or exhibition of pamphlets or posters not relating to employment inside the Employer's premises, without the Employer's permission

(xiv) Violation of instructions given for the maintenance of cleanliness in the Employer's premises.

(xv) Smoking in any part of the premises where the Employer prohibits smoking.

(d) The aggregate amount of the deductions made in respect of fines at any one time should not exceed 5% of the remuneration earned by the employee during the period during which such fine was imposed.

Forged Signature on title deed of a notary

Question: Deceived by a rude villager of an adjoining village, Gunapinuwala by forging signature on the blank printed title deed forms of a Notary, my house and property was illegitimately grabbed, acquired and sold by him and all the house furniture and valuables stolen by him.

If justice for all is a fundamental human right, what legal action would I have to take is my question?

Ariyasena Manawadu, Moratuwa.

Answer: According to your question, it is crystal clear that someone else has forged your signature and transferred your property to a third party and removed furniture and valuables from your house. Regarding this matter you have to make a complaint to the Fraud Bureau Section of the police in your area.

Thereafter, they will take steps to investigate according to your complaint and they can bring the suspect before the court on grounds of cheating. You can also file civil action before the District Court to get a declaration that you are the owner of the land in suit and to revoke the perpetrated deed executed by the suspect.

There is no provision to file a fundamental rights case regarding this matter since there is no violation of fundamental rights.

Can a defendant in a maintenance case appeal to Colombo Appeal Courts after 10 years?

Question: In a District Court, order was given to pay maintenance 10 years ago.

Unsatisfied with this order, the defendant appealed to the High Courts on three occasions, the first appeal was dismissed. The second appeal was dismissed with costs.

The third appeal to the same courts,there was a reduction of the maintenance payment. Can the defendant appeal again to the Colombo Appeal Courts after ten years?

- J. A. Perera, Wennappuwa

Answer: You have no provision to make an appeal to the Appellate Court in respect of the maintenance case. According to the provisions of the Appellate Jurisdiction, the aggrieved party has the right to file an appeal to the Provincial High Court against the order of the Magistrate's Court.

Any person being aggrieved by the order of the Provincial High Court regarding the maintenance appeal, such person has to file special leave to appeal before the Supreme Court. There is no provision to make an appeal to the Court of Appeal whatsoever from the date of judgement after 10 years.

How to overcome nuisance caused by disturbance

Question: Please advise me on the remedies available to me with regard to the following:

My neighbour's dog's continuous barking and sorrowful mourning all throughout the day and impromptu long night sessions of mourning are disturbing the entire neighbourhood and especially us, as immediate neighbours. There are elderly sick people within our residence who have been prescribed total rest and quietness.

Despite many attempts at kindly requesting the owner to take some remedial action in this regard, failed with the owner angrily playing down the issue and insisting that the dog is in his house, and he will do as he pleases, and for us to do what we can.

As such we are contemplating legal action in this regard, as we are sick and tired of the dog owner's attitude, which is unbecoming of a human being. Immediate neighbours in the area are also willing to testify regarding the constant disturbance, and are prepared to even act as a group or take him on individually, legally, which he least expects.

We are prepared to take it to every Higher Court if necessary (at any expenses if necessary) to put a stop to this madness. There is no kennel. The dog is not walked or exercised at all. The dog is exposed to the elements 24 x 7. As an individual resident -

(a) What remedial action can I take in this regard?

(b) What legal action am I entitled to, with regard to this noise and sound pollution?

(c) Are my rights violated in anyway with regard to Local Council Laws on sound pollution?

(d) What are the laws that he may have broken with his callous attitude towards third parties regards the dogs?

Please advise on the above through the esteemed legal column.

- S. Siritunge, Colombo 5.

Answer: Since your neighbour has failed to stop the nuisance, you have the right to file action before the Magistrate's Court in your area on the ground of public nuisance under Section 98 of the Criminal Procedure Code.

To do so, firstly a complaint has to be made to the Police with you together with your neighbours. The police will try to settle the matter otherwise they will take action against your neighbour on grounds of public nuisance.

You can also file a private case in the District Court on the ground of private nuisance. If you need further advise on this matter, you can visit our Head Office at No. 129, Hulftsdorp Street, Colombo 12 during working hours (Monday to Friday). Cruelty to animals is also an offence under the Cruelty to Animals Ordinance. In that event the burden of proof lies on you.

Documents necessary to apply for dual citizenship

Question: I was a Sri Lankan Citizen 20 years ago? After I went to France my Sri Lankan Citizenship got cancelled. I am now a citizen of France. I now wish to get Sri Lankan citizenship as I hope to come to Sri Lanka in the near future. How do I apply for dual citizenship? In case I am unable to come to Sri Lanka, can I obtain for dual citizenship in France?

Justin Perera, Jaela

Answer: Yes. Through the Sri Lankan Embassy in France you can obtain a Citizenship Application Form or you can get it through Website (www.immigration.lk).

If you come to Sri Lanka you can get it from the Divisional Secretary Office or Citizenship Division., 2nd Floor, Dept. of Immigration & Emigration, No. 41, Ananda Rajakaruna Mawatha, Colombo 10.

The following documentary evidence is necessary together with the duly completed application form:-

(a) Your Original Birth Certificate and a copy.

(b) If a citizen of Sri Lanka by registration, the relevant certificate and a copy.

(c) Birth Certificate of your father or mother and a copy of the same or any affidavit in lieu of it. If the Birth Certificates of the parents are not available, their Death Certificates.

(d) Your Marriage Certificate and a copy.

(e) Your Foreign Citizenship Certificate/Foreign Travel Document/Permanent Residence Visa and a copy of the same or a letter from the Government of the country of domicile confirming citizenship has not been granted to you/your family as yet.

(f) Your current and previous Sri Lanka Passports and copies or an affidavit

* Please state how Sri Lanka would benefit if you were granted Dual Citizenship, forwarding,

Either (g) Documentary proof of your Academic attainments (minimum a degree of a recognized University)

OR (h) Original of the documentary proof (deed) of your assets such as lands or other immovable properties in Sri Lanka worth of Rs. 2.5 Million or above and a copy of Valuation report of the same title report.

OR (i) Minimum one year Fixed Deposit of an amount not less than Rs. 2.5 Million.

* Applicants over 55 years of age are exempted from submitting any of the requirements stated at clause (g), (h) and (i) above

If the documents referred to above are submitted without the originals, those documents should have been duly attested by the Sri Lankan Mission accredited to that country, nearest Sri Lankan Mission or Consulate of the country of domicile.

The above mentioned documents could be sent by registered post or through the Embassy or by hand. Thereafter the Dept. will forward your application through the Committee for approval. After approval is obtained, they will inform you. The applicable fee is given below:-

Dual Citizenship fees:

Principal Applicant Rs. (SL) 200,000.00

Spouse Rs. (SL) 50,000

Children under 18 years when applied with parents - each 50,000.00

How to comply with notice received from Court

Question: I am in receipt of a letter of notice from the Registrar of District Courts, Colombo 12 asking me to forward my submissions in respect of the settlement of outstandings on a Credit Card.

Please let me know whether I could write to him directly, or do I have to forward it through a JP or a lawyer?

Norbet, Colombo 6

Answer You would have received the summons along with the plaint requiring you to appear in court on a particular date and file your answer to the plaint filed.

We would advise you to go to a lawyer and get his advise and file your answer.

Quotes from judgements

SC (FR) Application No. 884/99

Bulankulama and Others

Vs

Secretary, Ministry of Industrial

Development and Others

(Eppawela Case)

Applicability of UN Convention

"Undoubtedly, the State has the right to exploit its own resources, pursuant, however to its own environmental and development policies. (Cf. Principle 21 of the UN Stockhold Declaration (1972) and Principle 21 of the UN Rio de Janeiro Declaration (1992). Rational planning constitutes an essential tool for reconciling any conflict between the needs of development and the need to protect and improve the environment. (Principle 14, Stockholm Declaration).

Human beings are at the centre of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature. (Principle 1, Rio De Janeiro Declaration).

In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it. (Principle 4, Rio De Janeiro Declaration).

In my view, the proposed agreement must be considered in the light of the foregoing principles. Admittedly, the principles set out in the Stockholm and Rio De Janeiro Declaration are not legally binding in the way in which an Act of our Parliament would be. It may be. It may be regarded merely as 'soft law'.

Nevertheless, as a Member of the United Nations, they could hardly be ignored by Sri Lanka. Moreover, they would, in my view, be binding if they have been either expressly enacted or become a part of the domestic law by adoption by the superior Courts of record and by the Supreme Court in particular, in their decisions."

SUPREME COURT
Amerasinghe, J.
Wadugodapitiya, J
Gunasekera, J
(2000-3 - SLR Page 274-275)