States of Emergency - Centre for Policy Alternatives

Certain civil and political rights, as are guaranteed by the Sri
Lankan constitution are set out in Chapter III. Sri Lanka’s Lirst
post‐independence constitution did not contain a bill of rights,
apart from a general anti‐discrimination clause in Section 29.
While the First Republican Constitution of 1972 did indeed
contain a bill of fundamental rights, it has generally been accepted
that it was a much weaker framework than that envisaged by the
1978 Constitution. Certain socio‐economic principles are
enunciated in Chapter IV as ‘directive principles of State policy’,
which neither create rights nor are justiciable. Sri Lanka acceded
to the International Covenant on Civil and Political Rights in 1980
(including the Inter‐State Complaints Procedure), and its First
Optional Protocol (Individual Complaints Procedure) in 1997. In
November 2007, Parliament enacted the International Covenant
on Civil and Political Rights (ICCPR) Act No.56 of 2007. Despite its
title, however, this law is not aimed at the domestic recognition of
the ICCPR as a whole.
6.1
Chapter
III:
Sri
Lanka’s
Constitutional
Bill
of
Rights
Basic democratic rights declared and recognised by Chapter III of
the constitution include the right of freedom from torture or cruel,
inhuman or degrading punishment (Article 11); freedom of
thought, conscience and religion (Articles 10 and 14 (1) (e));
rights relating to the security and liberty of the person including
freedom from arbitrary arrest, detention and punishment (Article
13); freedom of speech and expression including publication
(Article 14 (1) (a)); freedom of peaceful assembly and association
(Articles 14 (1) (b), (c) and (d)); freedom to enjoy and promote
culture and language (Article 14 (1) (f)); freedom of movement
and right of return (Article 14 (1) (h)); and freedom of lawful
occupation (Article 14 (1) (g)).
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