Review Paper - Sri Lanka

by Cyril Siriwardane

Sri Lanka

Sri Lanka an island country lying in the Indian Ocean and separated from peninsular India by the Palk Strait. It has an area of 25,332 square miles (65,610 square kilometres). Proximity to the Indian subcontinent has facilitated close cultural interaction between Sri Lanka and India from ancient times. At a crossroads of maritime routes traversing the Indian Ocean, Sri Lanka has also been exposed to cultural influences from other Asian civilizations. Ancient Greek geographers called it Taprobane. Arabs referred to it as Serendib. Later European mapmakers called it Ceylon, a name still used occasionally for trade purposes. It officially became Sri Lanka in 1972.The distinctive civilization of Sri Lanka, with roots that can be traced back to the 6th century BC, is characterized by two factors: the preservation of Theravada Buddhism (the orthodox school of Buddhism having its literary traditions in the Pali language) and the development over two millennia of a sophisticated system of irrigation in the drier parts of the country. This civilization was further enriched by the influences of Hinduism and Islam. In 1948, after nearly 150 years of British rule, Sri Lanka became an independent country, and it was admitted to the United Nations seven years later. The country is a member of the Commonwealth and the South Asian Association for Regional Cooperation. Colombo, which emerged as the main urban centre during British rule, remains the capital of Sri Lanka. For administrative purposes, the country has been divided into nine provinces and subdivided into 25 districts. Sri Lanka is densely populated. The majority of its people are poor, live in rural areas, and depend on agriculture for their livelihood. A physical environment of wide-ranging diversity makes Sri Lanka one of the world's most scenic countries. As the home of several ethnic groups, each with its own cultural heritage, Sri Lanka also has a highly varied cultural landscape.

(Encyclopaedia Britannica)

1. General Overview of Disability Specific Legislation in Sri Lanka.

1.1 The Constitution of Sri Lanka

Under Chapter III, Fundamental Rights, Clause (1) of Article 12 states that, "All persons are equal before the law and are entitled to the equal protection of the law". In the anti-discrimination Clauses (2) and (3), persons with disabilities are not mentioned as a separate group. Clause (4) states that, "Nothing in this article shall prevent special provision being made, by law, subordinate legislation or executive action, for the advancement of women, children or disabled persons.

1.2 The Protection of the Rights of Persons with Disabilities Act, No. 28 of 1996

The Act was passed in the Parliament in October 1996. The Act established the National Council for Persons with Disabilities and made provision for the establishment of a National Secretariat for Persons with Disabilities to assist the Council in the discharge of its duties. .The only rights mentioned in the Act are related to non-discrimination in employment and education, and access to the built environment. There is no particular mention of other rights such as economic, civil social, cultural and political rights.

1.3 The National Policy on Disability for Sri Lanka .

For many years the Disability movement in Sri Lanka has been requesting from the Government a National Policy on Disability that will provide disabled people with the conditions for them to exercise their rights and responsibilities, guarantee for them an equitable share of available resources and inclusion into the socio-economic mainstream.

Accordingly in August 2002 The Hon. Minister of Social Welfare appointed a Committee to draft the National Disability Policy. The committee had a wide cross-section of members representing all the major types of disabilities, all age groups, Government, NGOs, and expertise in the areas of Law and of Human Rights and gender.

The National Disability Policy has now been accepted by cabinet of ministers.

The policy document includes sectoral policies and strategies for inclusion in the following areas.

Employment
Vocational Training and Skills Development
Poverty Alleviation
School Education
Non-Formal Education
Higher Education
Health
Sports
Transport
Housing
Social Security
Access to the Built Environment and Accessible Tourism
Access to Communication and Information
Assistive Devices and Information Technology
Children
Youth
Women
Elderly Persons
Persons Affected by Armed Conflict
Individuals who have Severe Disability
Mass Media.

The policy document also includes Policies and Strategies to ensure holistic implementation. These are.

Community-Based Rehabilitation
Non Government Organisations and the Private Sector
Research
Legislation
Implementation, Monitoring and Evaluation of Policy

Discussions have begun within the National Council for Persons with Disabilities on how the existing legislation can be amended/enacted to provide social, civil, economic and legal protection to people who have disability as outlined in the National Disability Policy. In this regard the Council have requested the Disability Organisations Joint Front (DOJF) to prepare a paper with recommendations.

1.4 The Ranaviru Seva Act No. 54 of 1999

The Ranaviru Seva Act was enacted by parliament by which the Ranaviru Seva Authority was set up to provide for the after care and rehabilitation of members of the armed forces and police who have been disabled in action and to look after the welfare of the families of those killed or missing in action.

1.5 The Visually Handicapped Trust Fund Act No. 9 of 1992

The Act established the Trust Fund for the Visually Handicapped. The functions of the Trust Fund are to provide educational and vocational training opportunities for the visually handicapped, to create employment opportunities for poverty reduction and provide financial assistance for self-employment, The other functions are to give assistance for housing, to implement schemes for the welfare of the visually handicapped, assist projects undertaken by registered NGOs working for visually handicapped, and to take action to eliminate conditions that prevent visually handicapped persons gaining equal rights and opportunities.

1.6 Social Security Board Act No. 17 of 1996

The Act provided for the establishment of a Social Security Board for the management of a Social Security Benefit Scheme for people who are self-employed. Persons with Disabilities who are self-employed can contribute to this scheme. Benefits include compensation for accidents at work and pension on retirement from work.

2. Why is there a need for an international convention on disability

To address the margainalisation of disabled people within the international human rights framework.
To ensure that disabled people have a clear statement that they have the same rights as every one else
To contribute to the prioritisation of the rights of persons with disabilities in national and international agendas
To ensure and enforce international legal accountability regarding the human rights of people with disabilities.
To provide a reference point for domestic law and policy initiatives. A convention is an international treaty and is binding international law for countries that sign and ratify it.
To establish monitoring systems to measure the degree to which disabled people are realising their human rights.

3. Views and Inputs on a proposed convention for each of the following treaty component

a. Preamble

Recognize the value of existing UN Human rights instruments.
Realize that the people with disabilities are human beings first and foremost and their disability is not relevant to their entitlement to enjoy the full range of human rights that all others take for granted
Recognize the available international and regional disability-specific instruments, declarations, norms, and guidelines to promote human rights and non-discrimination against people with disabilities
Stress the need for a Convention to ensure that the human rights of persons with disabilities and the Disabled Peoples Organizations receive adequate attention and action

b. Objectives

To raise awareness about the human rights of persons with disabilities. The Convention must encompass full range of civil, political, economic, social and cultural rights.
To create an effective and enforceable international instrument to promote and protect the human rights and fundamental freedoms of children, women, and men with disabilities.
To address the additional challenges in the lives of disabled people living in developing countries often in abject poverty.
To promote the removal and prevention of all barriers to the full participation of persons with disabilities in all aspects of society.
To achieve the full development of persons with disabilities and their inclusion in all spheres of life with equal opportunities and conditions
To provide an authoritative reference point for domestic law, policy and initiatives.

c. Scope/Definitions

Scope:

The convention should encompass all human rights civil, political, economic, social and cultural, and based on general principles relevant to disability, such as equality and non-discrimination. It should include a strong monitoring mechanism. It should also take into account different conditions existing in member states and ensure it is acceptable to the governments of those states.

Definition:

Defining disability is a long standing issue of policy, planning and academic. Disability is defined based on four different models viz. Medical model, Functional model, Environment model and Human rights model.. It is desirable to have a standard definition for disability acceptable to all stakeholders. .

d. State Parties Obligations

All states must send a delegation conversant with the rights of the disabled, to the UN Ad Hoc committee meetings. Persons with Disabilities must be included in the delegation.
States must ratify the Convention on the Rights of Persons with Disabilities as soon as it is being adopted by the United Nations.
The states must take legislative and policy actions that would be necessary to achieve the conventions objectives.
The states must establish a Monitoring Committee to monitor the implementation of the Convention. The committee should consist of experts in the area of protection and promotion of the rights and dignity of persons with disabilities and include persons with disabilities.

e. Guarantee of Equity and Non-Discrimination.

Equity and Non - Discrimination must be central components in a future convention.

f. Guarantee of Specific Rights

Special Rights must be guaranteed to persons with disabilities who are in special situations of vulnerability by reason of their sex, age, race, ethnic origin or other status.

g. Monitoring/Review/Remedy mechanisms

The UN must establish a expert committee under the convention to monitor and review the implementation of the convention. The committee should include persons with disabilities.
The expert committee established by the state shall monitor, review and propose remedy mechanisms in implementing the Convention.
In addition to the committee established by the state, DPOs must appoint committees nationally and provincially to monitor the implementation of the convention.

4. Views and Inputs on process towards elaborating a proposed Convention.

The process should start at the national level. The national disability movements must organize hearings and meetings about the rights of persons with disabilities. These should be discussed at the regional level. The recommendations of the regional level committees should be presented to the UN Ad Hoc committee meetings.

Return to top

Main	Programme	Materials	Online	Bangkok

	Regional Workshop towards a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities Bangkok, Thailand, 14-17 October 2003