SL Supreme Court considers Rajapaksa's request on ICCRP

[TamilNet, Wednesday, 19 March 2008, 09:35 GMT]
The Sri Lankan Supreme Court Monday considered the application of SL President Mahinda Rajapaksa seeking its advisory opinion in terms of Article 129 (1) of the Constitution whether and how individuals in Sri Lanka would derive benefits from rights contained in the International Covenant of Civil and Political Rights (ICCPR). The European Union, in view of a previous SC judgment informed Sri Lankan government that to qualify for the General System of Preferences Plus facility, the government would have to introduce a constitutional amendment to ensure rights under the ICCPR are rights recognized by the Constitution. Hence, Mr. Rajapaksa has sought the advisory opinion of the Supreme Court.

Members of the bench were Chief Justice Sarath Silva, Justices Nimal Gamini Amaratunge, Salim Marsook, Andrew Somawanse and Jagath Balapattebendige, legal sources said.

The Chief Justice who chaired the bench later announced after consideration of the President's request, that he would forward the court's advisory opinion on this matter to President Rajapaksa in due course.

Supreme Court in 2006 ruled that "the rights under the ICCPR are not rights under the Constitution of Sri Lanka". Consequent to the SC ruling, the government last year introduced a law to plug the gap but the United Nations has indicated that law is insufficient to assure compliance with the ICCPR.

The garment industry in Sri Lanka is dependent on the GSP Plus facility for its survival and the fate of over 100,000 jobs and over US$ 2 billion in export earnings hang on Sri Lanka getting the facility extended for 2009-2011. However the facility is currently enjoyed by 15 countries is depended on the good governance criteria and the acceptance of UN convention on human, labor and political rights.

Meanwhile, media sources reported quoting a top diplomat that an advisory opinion alone from the SC will not meet the European Union criteria.

"The government will have to introduce a constitutional amendment or the Supreme Court should have to reverse its earlier ruling. As far as the EU concerned, an advisory opinion cannot reverse a Supreme Court decision", the diplomat is reported to have said.

 

Latest 15 Reports
10.07.20 00:05   Photo
SL Police harasses Shivajilingam at 25th Remembrance of Navaali massacre in Jaffna
09.07.20 09:33  
SL Navy brutally assaults Tamil fishers in Mullaith-theevu
08.07.20 16:33   Photo
Sinhala colonists encroach into Kangku-veali, Mean-kamam reservoirs in Trincomalee
07.07.20 19:36   Photo
Colombo schemes to expand ilmenite scooping into North from Pulmoaddai in East
06.07.20 19:06  
Colombo transfers Tamil Political Prisoners to notorious Anuradhapura prison
05.07.20 23:06   Photo
University students, Shivajilingam brave SL harassment to commemorate fallen Black Tigers
04.07.20 22:28   Photo
Monk commanding Sinhala-Buddhicisation of North-East threatens Tamil villagers in Batticaloa
03.07.20 19:28   Photo
After Naavat-kuzhi, Colombo targets Poonakari for Sinhala colonisation across Jaffna lagoon
02.07.20 22:26  
Colombo imposes restrictions on Tamil valour related symbolism in schools of North
01.07.20 13:22  
New secret unit among four SL military and police squads competing to arrest Tamil youth in North
30.06.20 22:10  
Tamils blocked from accessing properties near SL Navy training base in Champoor, Trincomalee
29.06.20 23:29   Photo
Moragoda advising Gotabaya prompts Sinhala parties to scrap Provincial Councils
28.06.20 22:06  
India privileging BRIC/RIC over Quad ‘discordant’, says former US top diplomat
27.06.20 22:11  
Indo-Pacific expert wants US to seek opportunities in ‘Sri Lanka’
26.06.20 21:24  
Russia steps up influence on New Delhi to uphold “multilateralism” against US “rules-based order”
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=25025