W.A.

Sanath Sameera Wijesinghe

Lecturer in Law
Attorney –at-Law
Department of Legal Studies
Faculty of Humanities and Social Sciences
Open University of Sri Lanka
 An introduction
 An ombudsman
 is usually appointed by the government or by
parliament,
 with a significant degree of independence,
 representing the interests of the public
 by investigating and addressing complaints of
maladministration or a violation of rights.
“Parliamentary Commissioner for
Administration”
 Sri Lanka
United Act no.17 of
Kingdom 1981
New 1967 Chapter XIX –
Zealand 1978
1962 With
Sweden Parliamentary
1809 Tradition
 Appointed by the President {Art.156(2)}
 can be removed by the President
 Ill health
 Physical or mental infirmity
 On an address of Parliament
 Salary is a charge on the Consolidated Fund. {
Art. 156 (3)}
 Investigating or reporting upon complains or
allegations
 Infringement of FR and other injustices
 By Public Officers, Local Authorities and ect…
{Art.156 (1)}
 Ousted clauses do not affect on the
jurisdiction of Ombudsman
 Public petition
Petition to the committee
Private investigate by
Parliament (by a (settlement/refer to
the OMB,
member of Parliament) OMB/reject/return for
more clarifications

Parliament to take an Recommendation of Hearing is not essential,

action the OMB to the PPC no representations
 Subordinate to the Parliament

 Two hurdles
 Parliament member
 Parliamentary committee

 Mere investigation officer?

 As an effective mean……
 Introduction
 Independent commission established by an
Act(No.21 of 1996)
 Mission
 Develop a better human right culture in SL
 Develop policy and practices according to
universally recognized HR norms (ICCPR, ICESCR)
 Enhancing the FRs of the people guaranteed by
the Constitution
 Article 10
 Article 13(1) an exemption to Article 126(2) to
the Constitution
 Article 13(2) an exemption to Article 126(5) to
the Constitution
 Article 15- giving recommendations
 Article 21 – contempt of court….
 Article 07 : reviewing regulations, directives
and administrative practices affect to
language rights.

 Article 18 : investigation on complaints

regarding infringement of Language rights
(see Articles 18-25 of the Constitution)
 The Official Languages Commission (OLC) was
established by Act No. 18 of 1991.
 Recommendations of policy relating to the use
of the Official Languages,
 monitor and supervise the provisions of Chapter
IV of the Constitution.
 ensure the use of languages referred to in Article
18 of the Constitution,
 to take remedial action in response to
complaints received by the OLC.
 Internalization of HR via Ombudsman, HR
commission and OLC
 Ombudsman – Constitution + Act
 HR Commission - Act
 OLC – Act
 Baring wide powers and functions
 But? Enforcement of a recommendation?
 Quasi judicial functions and effectiveness
sanathwijesinghe@gmail.com