Legal Aid Commission
Compilers Kalani A Medagoda AAL, (LLB ,LLM Colombo)
and Maas Rizna Nabeela
Volunteerism/Shramadana
Volunteerism is the life blood of civilized society. Human beings as
social animals are engaged in a journey of life time volunteerism. At
individual and family level, we attend to numerous unpaid chores, such
as, cleaning, caring and child raising without payment as volunteers. So
are the family functions relating to birth, marriage and death. We
participate in Parents Teachers Associations (PTA) of school and
different Shramadana activities for the welfare of the school without a
murmur. In point of fact, without volunteer fund raising activities of
parents and past pupils associations, our educational system would be in
serious trouble. This individual family and school volunteerism get
extended to other spheres of social life.
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Senior Council Prasantha Lal De Alwis, AAL and LAC
Commissioner J.M.Goonathilaka addressing Legal Officers at
the Capacity Building and Training Programme organized by
the Legal Aid Commission (LAC). LAC Consultant Nelum Gamage,
LAC Anuradhapura Regional Director Asoka Mahadeulwewa, LAC
Kandy Regional Director U.R.N Ranatunga and LAC chairman
S.S.Wijeratne were also present. Picture by W. Chandradasa |
Volunteerism could be described as second nature to human life.
Historically, common and collective security was the sinews by which
human progress was achieved. With the evolution of modern
socio-economics, specially with dawn of Capitalists, Marxist doctrines,
a financial value was assigned to every human endeavour. Wages,
salaries, cost of capital and profits replaced the volunteerism of the
human family. Even in the modern context, volunteerism still pervades
many aspect of human life and is now considered a human value that needs
perpetuation.
Volunteerism is defined as the “willingness of the people to work for
others without being motivated by financial gain”. The majority of
people has an altruistic streak in them. Volunteerism is the method
through which this human streak reaches fruition. The dominant social
theme in any society is volunteerism and they take different forms –
i.e. Ad-hoc Volunteerism. This is the most common form where individuals
and families participate in different social functions and organization
as when the need arises. Women’s groups, School Societies, PTA’s, Death
Donation Societies are some of the examples of the ad-hoc or impromptu
volunteerism which is the commonest form.
Faith Based Volunteerism: The religion based volunteerism is one of
the oldest and long lasting form of volunteerism. Buddhism and Buddhist
practices are based on the fundamental precept of volunteerism. So are
the other religious orders – Christianity, Islam, Hinduism or
Zoroastrianism. The intermittent religious crisis arising out of
militarily or economically forced conversion goes against the core grain
of volunteerism.
Professional Volunteerism: Volunteer Associations of professionals,
such as lawyers (BASL), doctors (GMOA) or Accountants are a dominant
influence in the modern society. These societies will develop the
internal rules and could become members of umbrella organization such as
the Organization of Professional Associations (OPA).
Service Volunteerism: As illustrated in the definition, the key
element of volunteerism is the service to others without motivated by
money. Service organizations are national and international. Among the
national volunteerism organizations is the Child Protection Society
founded in 1928 by Sir John Parsons when the government was not involved
in child protections.
The Rotary and Lions Movements illustrate national and international
volunteer movements of the world. United National Volunteers (UNV) and
Voluntary Services Overseas Organization (VSO) are leading international
voluntary movements.
Statutory Volunteerism:. Volunteerism fins its legitimacy and legal
person more often through statutory recognitions. Thus many Voluntary
Organizations in Sri Lanka are registered under Voluntary Social
Services Organization Act No.31 of 1980 or incorporated under acts of
Parliament. Non profit voluntary societies are also incorporated under
the Companies Act of 2007. Cooperative Societies Act, Elders Law No.9 of
2000 and the Trusts Ordinance.
Volunteerism should be included in the educational curricular as a
subject that will underpin peace and development of Sri Lanka. -S.S.Wijeratne
Ruhunu Rata Neethi Udanaya
The Legal Aid Commission of Sri Lanka (LAC) has been conducting Legal
Awareness programmes for a number of years. Today, the service provided
by the LAC in the form of “Legal Aid”,which comprises both court - based
legal aid (consultation and litigation) and community - based legal aid
(awareness programmes targeting public officers and general public), has
risen to a remarkable and unparalleled standard.
In 2011, special programmes were conducted, particularly focusing on
the Northern and Eastern Provinces. A special awareness programme (The
Rajarata Neethi Udanaya) was conducted in the North Central Province to
coincide with the Deyata Kirula programme.The LAC has decided to conduct
the Ruhunu Rata Neethi Udanaya, Maya Rata Neethi Udanaya and Kandu Rata
Neethi Udanaya in other parts of the country also in 2012/2013, under
the theme “Neethi Udanaya (Legal Awakening). President Mahinda Rajapaksa
in the 2012 budget speech, has mentioned the LAC’s contribution at
village level .
“The Legal Aid Commission also conducts legal aid clinics at village
level with the objective of providing legal aid to low income earners. I
propose to allocate Rs. 100 million in this regard”. Each “Neethi
Udanaya (Legal Awakening) programme will concentrate on two basic
aspects that strengthen legal empowerment. The Ruhunu Rata Neethi
Udanaya will be conducted focusing the Divisional Secretariats in five
districts, namely, Galle, Matara, Hambantota and some parts of
Monaragala and Ampara. The inaugural awareness programme will be
conducted in Hamabantota on February 25, 2012. Participants will include
the public and public servants.
[Questions and Answers]
Institutions
Question: We are a well established Catholic organization
which offers several services to the public . We have decided to start a
English training institute for poor students in our area. Is it
necesssary to obtain prior approval before starting a Vocational
Training Center ?
Gurusinghe
Naththandiya
Answer : Yes . You have to obtain the prior approval from the
Tertiary and Vocational Education Commission. The Tertiary and
Vocational Education Commission(TVEC) was established in 1991 under the
Tertiary and Vocational Education Act No. 20 of 1990 and reconstituted
as a statutory body by the TVE (Amendment) Act. No 50 of 1999.The
Commission is the apex body in the Technical and Vocational Education
and Training (TVET) sector. Its primary responsibility is policy
formulation, planning, quality assurance, coordination and development
of tertiary and vocational education in the country.
You can contact -
Nipunatha Piyasa’, 354/2 Elvitigala Mawatha, Narahenpita Sri Lanka
Phone +94(0) 115849291Fax -+94(0) 112555007 info@tvec.gov.lk
Consumer complaints
Question: How do I make a complaint to the Telecommunications
Regulatory Commission ?
Chanuka, Matara
Answer : As with all complaints involving telecommunications
services, you should approach your telephone operator first. You should
also ensure that you have been through all the complaints process with
your telephone operator. If not you can contact the Telecommunications
Regulatory Commission.
Telecommunications Regulatory Commission
TRCSL - General
No. 276, Elvitigala Mawatha,
Colombo 08
+94 112 689345
Short Code 1900
Death Certificate
Question: If a person is missing for six years, is it
compulsory to go to court to get his death certificate?
Nirangala, Mahara
Answer : No. It is not necessary to go to courts to get the
death certificate of the person .The next of kin of such a person can
apply for a death certificate without going to courts .The next of kin
of such person has to provide the details about the missing person to
the Police and the Grama Niladari in the area, prepare the application
mentioned below and hand over it over to the Registrar-General or the
District Registrar of Births and Deaths of the district in which the
missing person was last resident or had his or her permanent residence.
Section 2 of the Registration of Death (Tempaporary Provisions) Act
,No 19 of ?’92010 ?tates53?s follows.
2.(1) Where any person is reported missing and he has not been heard
of for a period exceeding one year by those who would naturally have
heard of him, had he been alive and his disappearance is attributable to
any terrorist orsubversive activity or civil commotion which has taken
place within Sri Lanka, a next of kin of such person if he verily
believes such person to be dead, may apply in the manner hereinafter
provided, to register the death of such person under the provisions of
the Births and Deaths Registration Act and to have issued to him, a
Certificate of Death in respect of such person.
Every application under this section shall be substantially in the
Form specified in the Schedule to this Act and shall be forwarded to the
Registrar-General or the District Registrar of Births and Deaths of the
District in which such missing person was last resident or had his
permanent residence.
SCHEDULE (Sections 2, 8 and 10)
APPLICATION FOR REGISTRATION OF DEATH OF A MISSING PERSON
1. Full Name of missing person :
2. Sex and race ;
3. Age :
4. Date of Death (approximately) :
5. Address of last known residence:
6. Address of permanent residence :
7. Rank or profession :
8. Applicant’s full name and residence :
9. Applicant’s relationship to missing person :
I.........................................................
of.....................................................................
do hereby state that the
said...................................................................
(name of the person
missing)..........................................................................
has been missing for a period of over one year, and I verily believe
that the
said.............................................................. is
dead. I therefore request that the death be registered under the Births
and Deaths Registration Act (Chapter 110) and a Certificate of Death in
respect of such death be issued to me.
........................................
Signature of Applicant Date :.....................................
Vocational Skills for Public and Private Sector Internet Crime
Complaint Centre (IC3)
Question: Is there any Internet Crime Complaint Centre (IC3)
that has been established at the Police Headquarters? If so, what kind
of crimes that we can complain about?
Hasini, Sent by email
Answer : Internet Crime Complaint Centre (IC3) has been
established at the Police Headquarters with the collaboration of the
Cirminal Investigation Department & the Information Technology
Division to receive and investigate criminal complaints in the rapidly
expanding arena of cyber crime.
Top Listed Current Scams
LOTTERY SCAMS
These include scams which can go under the name of genuine lotteries
like the UK National Lottery and the El Gordo Spanish lottery.
Unsolicited email or telephone calls tell people they are being entered
or have already been entered into a prize draw.Later, they receive a
call congratulating them on winning a substantial prize in a national
lottery . But before they can claim their prize, they are told they must
send money to pay for administration fees and taxes. The prize, of
course, does not exist. No genuine lottery asks for money to pay fees or
notifies it’s winners via email.
INTERNET AUCTION FRAUDS
Auction frauds (commonly called Ebay or payPal scams, after the two
largest venues) is a misrepresentation of a product advertised for sale
through an Internet auction site or the failure to deliver products
purchased through an Internet auction site
PHISHING AND PHARMING FOR IDENTITY THEFT
The victim receives an email that appears to be from a credible, real
bank or credit card company, with links to a website and a request to
update account information. But the website and email are fakes, made to
look like the real website.
PASSIVE RESIDUAL INCOME” SCAMS
Get rich scheme and scam websites -
LOTTERIES AND OTHERS THAT SEND YOU A COUNTERFEIT CHECK You receive a
check in the mail - either from a lottery you “won” (without buying a
ticker) or from an EBay buyer or other source. It looks real. .. but
after you try to cash it, you find out it is a fake; and you’re arrested
for passing a counterfeit check! Read more about scam checks on this
page and here about the EBay check scam.
MATRIX I MULTI-LEVEL MARKETING AND PYRAMID SCHEME
.These schemes are promoted through websites offering expensive
electronic gadgets as free gifts in return for spending about $25 on an
inexpensive product, such as a mobile phone signal booster.
Consumers who buy the product then join a waiting list to receive
their free gift. The person at the top of the list receives his/her gift
only after a prescribed number of new members join up. The majority of
those on the list will never receive the item. Pyramid schemes offer a
return on a financial investment based on the number of new recruits to
the scheme. Investors are misled about the likely returns. There are
simply not enough people to support the scheme indefinitely.
PROPERTY INVESTMENT SCHEMES
Investors attend a free presentation, which aims to persuade them to
hand over large amounts of money to enroll on a course promising to make
them a successful property dealer, usually involving “no money down”.
Schemes can involve the offer of buying yet-to-be built properties at
a discount. Other variations include a buy-to¬-lease scheme where
companies offer to source, renovate and manage properties, claiming good
returns from rental income. The properties are generally near-derelict
and the tenants non-existent.
900 PHONE NUMBER SCAMS
Postal notifications of a win in a sweepstake or a holiday offer in
this scam include instructions to ring a premium rate number. This is
generally an 900 toll number. Calls to the number incur significant
charges, the recorded message is lengthy, and the prize often does not
exist. It is a scam that has been around a long time, but it is still in
use.
WORK-AT-HOME SCAMS
Work-at-home and business opportunity scams are often advertised as
paid work from home. After the would-be worker applies, they are asked
for money up-front to pay for materials and, after paying, they hear
nothing back. A variation of this is, people are asked to invest in a
business that has little chance of success
FREE CREDIT REPORT.COM
What a scam this one is! The name of the website’ is
freecreditreport.com, but you’ll only get a credit report when you sign
up for their paid service. And worst of all there IS a government
mandated website where you CAN get a free credit report!
Further Information you can contact
Emergency: 119, Police Headquartes: +94 11 2421111Child &
Women Bureau:+94 11 2444444Information Room:+94 11 2854931
Telecommunication services
Question : Is it nesessary get the aproval from the
Governement to operate a telecommunications system in Sri Lanka.
Samaranayaka, Kalutara
Answer: Yes, In terms of the Sri Lanka Telecommunication Act
No. 25 of 1991 as amended Government Statutory clearance is required for
the operation of a telecommunications system to provide services to the
public. The Commission will make recommendations to the minister on the
issue of Licenses under Section 17 of the Act
Public retail switched access networks companies wishing to engage in
the provision of these services after the exclusivity expires may apply
for Commission authorization, without regard to the nature of the
technology to be utilized, including fixed wire line, WLL, or Internet
Protocol. Services may be provided over facilities-based networks, or
via resale of other network services, or a combination of both.
Dedicated transmission networks. Companies wishing to provide any or
all of these networks and services will be encouraged to enter these
markets with a minimum of regulatory burdens.
Other Licenses general authorizations or class licenses for networks
and services which do not require access to scarce resources and which
carry a limited number of rights or obligations; and individual licenses
for networks and services which require access to scarce resources and
which have more comprehensive rights and obligations attached to them.
Conditions attached to licenses and authorizations may include the
following: requirements related to the effective and efficient use of
scarce resources such as radio frequencies, numbers and rights-of-way
Universal service obligations.
Obligations related to interconnection of networks and
interoperability of services;
Obligation to provide leased lines.
Obligation to maintain network integrity, interoperability of
services, data protection, and avoidance of harmful interference.
Obligation to provide certain information to the regulator for
regulatory and statistical purposes
Measures to prevent anti-competitive behavior
Obligations related to consumer protection (such as billing, disputes
settlement, change of access, tariffs, and other conditions)
Obligations to provide customer data base information for a universal
directory;
Provision of emergency services.
Special arrangements for disabled persons
Any proposal to obtain license should interalia include following as
applicable:
Project proposal (including network configuration, details and cost
of network equipment, proposed investment, projected cash flow
statement, business plan and sources of funding the project,
implementation schedule, tariff structure)
Company Profile
Certificate of Incorporation certified by Department of the Registrar
of Companies
Memorandum and Articles of Association ( A True Copy certified by
Department of the Registrar of Companies)
If you need further information you can contact
Telecommunications Regulatory Commission,
TRCSL - General Contact,
No. 276, Elvitigala Mawatha,
Colombo 08
+94 112 689345
Short Code 1900
[ Repatriation]
Questions: Please answer the following .
Who is eligible for repatriation?
Who is not eligible for repatriation?
Are there any other grounds on which Sri Lankans could be
repatriated?
How to initiate the repatriation process.
How to remit the money related the repatriation?
Who is eligible for repatriation?
Samaratunga, Kastunayaka
Answer: The Consuler Division of the Ministry of External
Affairs makes necessary arrangements with the assistance of the Sri
Lankan Missions abroad to repatriate the human remains of Sri Lankan .
Persons eligible for repatriation
Those who are forced to work even after the completion of their
contract period.
Those who have completed their period of sentences in case had they
been convicted by a court of law abroad.
Person not eligible for repatriation.
Those who have run away from the sponsor and work outside.
Those who violated the law of the country where they are working.
Those who serve jail sentences.
Those who have not completed their contract period of work.
The grounds on which Sri Lankans could be repatriated
Yes, on humanitarian ground. For this too certain conditions have to
be met.
If it was premature recall, the NOK or employee has to pay the
sponsors the full/ part of the money he spent to employ him/her.
The cost for return passage air has to be borne by the employee/ NOK.
Note: This repatriation possible only when the sponsor agrees to send
the employee before the termination the contract period.
However our Officials at the Missions will do their level best to
convince the sponsor’s concerned to repatriate the deserving cases.
Repatriation process.
The NOK has to visit the Repatriation Section/ Consular Division and
fill up a form.
or
They can send the following by fax or mail to the consular Division.
Copy of the passport
Copy of the Visa page
Copy of employment contract with details of sponsors
Address and telephone numbers of local and foreign agents
Contact numbers and address of the aggrieved migrant if available
If detained abroad by the law enforcement authorities, details of the
detention Camp/Prison etc.
Contact number of the NOK
The way to remit the money relating to the repatriation
The money should be deposited with the Accounts Brach of the Ministry
of External Affairs which is located at the 4th Floor of the building
where the Consular Division functions.
A receipt will be issued for the deposited amount.
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