Legal Aid Commission

Sri Lanka and UN

Sri Lanka (Ceylon) became a member of the United Nations on December 14, 1955 after several unsuccessful attempts since independence from the British in 1948. Since her entry, Sri Lanka has continued to be a strong supporter of the ideals and international programs of the United Nations and the majority of her specialized agencies, except for few recent strains.

On October 13, 2005, President Mahinda Rajapaksa celebrating the 50th anniversary celebration of Sri Lanka’s entry to the United Nations stated “We, for our part, are proud to say that in the course of our membership of the United Nations that spans a period of 50 years, Sri Lanka has consistently assisted in the achievement of the noble ideals for which the organization was founded.

Our country has contributed to consensus building in the UN in a number of landmark international issues. These include the law of the sea, the fight against terrorism and the promotion and protection of human rights”.

President Mahinda Rajapaksa addressing the UN General assembly in September 2008 both in Tamil and English concluded his statement thus “As a country, we are firmly committed to the principles and purposes of the United Nations.

As such, we are ready to work with other member states and the UN Secretariat to usher in the necessary reform, to strengthen the UN to be a dynamic organization that will ensure global peace and social as well as economic advancement for all, Mr. President, I wish to conclude my address with a stanza from the Dhammapada, the words from the enlightened one -

‘Victory breeds hatred
The defeated live in pain
Happily the calmed live
Having set victory and defeat aside’”

Many social justice issues that have arisen after the military defeat of the terrorist LTTE in respect of the ordinary citizens in the Northern and Eastern provinces need to be assessed and resolved from the Dhammapada stanza quoted above.

Restoration of the judicial and mediation processes in the affected areas are that steps should be taken urgently.

The Legal Aid Commission on its part provided legal aid to war-affected persons having established Legal Aid Centres in the courts in Northern and Eastern Provinces from 2002.

However, during the midst of the conflict the legal aid lawyers were restrained by the LTTE who closed many regular courts and established their own courts in places like Mullaitivu and Kilinochchi. Northern lawyers who have taken professional oath before the Supreme Court were compelled to take a LTTE oath if they wanted to appear in these ad-hoc courts.

Many regular lawyers refused the illegal oaths and gave up their legal practice. They are now free to help the affected population to resolve the myriads of legal problems regarding property, possession and commercial transaction that was unattended for decades.

The United Nations High Commission for Refugees, which is the key UN Agency mandated by the UN Secretary-General to assist the national authorities in resettlement and rehabilitation of IDPs should continue to support the efforts of the Legal Aid Commission to legally rehabilitate the war-affected gradually.

The Mediation Board Commission which resolves disputes without victory or defeat in court also need extensive financial support preferably from the UN family.

In view of the highly critical and jaundiced assessment of the defeat of terrorism a la Sri Lankan way, most of the donor countries are still skeptical about continuing traditional bilateral human rights support.

However, UN Agencies with a few exceptions were careful in assessing the national security needs of a member state to defeat the world’s most fierce terrorist movement.

Defeating terrorism worldwide is one of the main objectives of the United Nations.

Sri Lanka’s late Prime Minister, SWRD Bandaranaike told the General Assembly on September 22, 1956 in the first one year after Sri Lanka’s admission to the United Nations as a member stated “

My country is a small one, a weak one and a poor one, but I venture to think that today, particularly in an organization such as this, the service that a country can render - that a Member can render -is not to be measured alone by the size of that country, its population, its power or its strength.

This is an Organization which expresses itself most effectively by bringing to bear a certain moral force - the collective moral force and decency of human beings. That is a task in which the weak as well as the strong can render a useful service, and I give the assembly the assurance, on behalf of my country, that as far as we are concerned, every endeavour that we can make in all sincerity to assist in the achievements of those noble ideals for which this Organization stands, will always be forthcoming in the fullest measure”.

All the mutual spirit of cooperation with the UN should continue in the future.

 - S S Wijeratne

Questions and Answers

Transfer of motor vehicles

Question: I bought a new vehicle which was registered under one of my friend’s name. I want to transfer this vehicle under my name. Please let me know the procedure that I have to follow?

CHATURA SENADEERA, Sent by email

Answer: When you buy a vehicle it is advisable to transfer it as soon as possible. For this you have to visit the Motor Traffic Department at Narahenpita with the completed relevant documents. The procedure state as follows:

Transfer of motor vehicles -

* Transfer Notice (MTA 6)

* Application (MTA8)

* Certificate of registration of vehicles (CR)

* Two photographs certified by the Grama Niladhari of the transferee (cm 3.5 x 2.5)

* Revenue licence for the relevant year of transfer along with photocopies

* Transfer tax for a Motor Car is Rs 3000 (If the vehicle is transferred within seven years from the date of first registration this amount should be paid on first transfer)

* Originals of the receipts for the payment of diesel and luxurious vehicle taxes and their photo copies (Diesel tax receipts from 1995 up to the date of transfer in respect of diesel motor vehicles and dual purpose vehicles)

* If the vehicle number begins with an English letter, VIC should be produced. If the transferee and the transferor are from two different Provincial Councils old set of number plates should be produced and fees should also be paid. (In case of vehicles beginning with English letters eg. GA, GB, HA)

* Receipts for the payment of luxurious and semi luxurious vehicle, taxes depending on the cylinder capacity of the vehicle (Charges are shown in other services page).

Documents required for registration of transfer

* Transfer Notice (MTA6)

* Application (MTA8)

* Certificate of registration of vehicles (CR)

* Two photographs certified by the Grama Niladhari of the transferee (cm 3.5 x 2.5)

* Revenue licence for the relevant year of transfer along with photocopies

* Transfer tax for a motor car is Rs. 3000 (If the vehicle is transferred within seven years from the date of first registration this amount should be paid on first transfer).

* Originals of the receipts for the payment of diesel and luxurious vehicle taxes and their photo copies (Diesel tax receipts from 1995 up to the date of transfer in respect of diesel motor vehicles and dual purpose vehicles).

* If the vehicle number begins with an English letter VIC should be produced. If the transferee and the transferor are from two different Provincial Councils old set of number plates should be produced and fees should also be paid. (In case of vehicles beginning with English letters eg. GA, GB, HA)

* Receipts for the payment of luxurious and semi luxurious vehicle taxes depending on the cylinder capacity of the vehicle.

One day service for transfer of vehicles

* Under this Special Service, transferees can get the vehicles transferred on one day if they present themselves personally and establish their identity.

* The transferee of the relevant vehicle should present himself personally and establish his identity.

* Duplicate Certificates of registration will not be accepted under this system.

* Photocopies of receipts for the payment of diesel tax, luxurious vehicle tax and semi luxurious vehicle tax should be produced.

In addition to above matters other conditions relating to registration should also be fulfilled for the transfer of a vehicle. See table

Duplicate of certificate of vehicle

Question: I have lost my certificate of registration and vehicle identification card. I want to know whether is there any possibility to get it back from the Motor Traffic Department?

Ekanayaka, Matara

Answer: Yes, you can get the duplicate of certificate of registration (CR) and vehicle identification card (VIC /STICKER / NUMBER PLATE) from the Motor Traffic Department at Narahenpita.

Documents required to obtain a duplicate of Certificate of Registration (CR) and Vehicle Identification Card (VIC / sticker / number plate)

* Application (CMT65)

* In case of loss of original of certificate of registration, vehicle identification card, sticker, number plate, a Copy of the complaint made to the Police by the applicant

* If original of VIC/sticker/number plate is deformed/damaged/destroyed such originals should also be submitted.

* If absolute ownership or mortgage has been registered a report obtained from the relevant institution to the effect that there is no objection to issue a duplicate.

* Receipts for the payment of specific taxes for the diesel cars, dual purpose vehicles, luxurious and semi luxurious vehicles.

Job Agreements

Question: I came to know that the Sri Lanka Bureau of Foreign Employment (SLBFE) wants all those leaving for overseas jobs to sign a Job Agreement in order to get them registered with the Bureau prior to their departure. What kind of information does it contain? Please advise me?

Anurada, Piliyandala

Answer: If you are a male worker, domestic worker for non Middle Eastern countries or a skilled female worker you should sign an agreement with the local recruitment agent. Domestic workers leaving to Middle Eastern countries must sign an agreement at the Embassy of that particular country.

The following signatures and endorsements should be available on the agreement:

If recruitment is done by an agent:

1. Signature of employer

2. Signature of foreign agent

3. Signature of the Embassy / Consulate official

4. Signature of local agent

5. Signature of housemaid

If you are going abroad through a visa sent by a friend or a relative:

1. Signature of the employer

2. Signature of Embassy / Consulate official

3. Signature of Housemaid

You can use the following guidelines in the agreement:

1. Wages, 2. Salary deductions, 3. Rest days, 4. Annual and casual leave, 5. Medical benefits, 6. Duties, 7. Welfare, 8. Termination of contract, 9. Dispute settlement, 10. Transfer of employment, 11. Repatriation, 12. Airfare cost.

Obtaining licence of foreign employment agency

Question: My friend and I decide to start a foreign employment agency in Sri Lanka.

Please let me know how can I obtain a foreign employment agency licence to our proposed office.

Please let me know the procedure?

Ameed, Mahara

Answer: After fulfilling the following requirements, you can start a foreign employment agency in Sri Lanka.

To obtain a foreign employment agency licence, you should have an office which:

* is situated in an easily accessible place where public transport is available.

* Have a floor area of at least 500 square feet.

* Have telephones with IDD facilities, fax, computers, databases, type writers, photocopiers and trade testing facilities.

You can then apply for the licence by submitting the following documents:

* Business Registration Certificate or certified copy of Form 48 & Articles and Memorandums (If registered under the Companies Act)

* Layout plan of the office and the lease agreement or deed of the premises.

* Affidavits regarding citizenship of the partners of the business/ company.

* Two recent testimonials in support of the character and reputability of the person who is in charge of the foreign employment agency. One of these should be from the local Gramasevaka Niladhari of the area where he resides confirming that the person who is applying for the licence has been living in that area.

* A bank guarantee of a commercial bank issued on behalf of you or your agency.

* You should also furnish the following documents of yourself and the other partners or Directors of the agency:

* Birth Certificate(s)

* Personal bio-data(s)

* Photocopies of their National Identity Card(s) or Passport (s)

* Police clearance reports from the nearest police station

* A passport sized photograph of the officer in charge of the agency

After the above documents have been submitted, a team from the SLBFE would visit and inspect the premises and check the authenticity of the documents before granting them the approval for the licence.

The licence which you have obtained would be valid only for a period of one year from the date of issue.

Renewing a licence

Question: I have a job agency in Anuradhapura. Please let me know how I renew the agency licence?

Karanadasa, Anuradapura

Answer: You can renew your agency licence by submitting the completed application form available at the Sri Lanka Bureau of Foreign Employment (SLBFE).

You must remember to submit the renewal application 30 days before the licence expires and the SLBFE would then evaluate your past performances, inspect your office, equipment, records and grant approval for the renewal of the licence.

If you wish to shift your recruiting agency to a new location, you should obtain the approval of the Licence Division of the SLBFE by submitting an application along with the following documents:

* Location of the new office

* Proof of legal occupancy of such premises

* Revised business registration certificate with the details of the new premises