obtain redress
through such bodies could apply directly
to the courts;
whether
there were any other factors
and difficulties
affecting
the implementation
of
the Covenant; and what measures had been taken to promote public auarene66 of
the provisions of the Covenant.
457. In addition,
members of the Committee wished to know specifically
what
derogations had boen made from Obligation6
,under the Covenant in the Current
state of emergency; whether these Blerogations had been duly notified
to the
Secretary-General
under article
4 of the Covenant: whether legal provisions
had been made for ensuring that the amended Constitution
would remain
compatible with the Covenant; what were the difficulties,that
could arise if
the constitution
was amended to bring it into conformity with the standards of
was between the Constitution
and the
the Covenant; what the legal relationship
emergency regulations8 whether the series of laws referred to in article
95 of
the Constitution
and the proposed new article
15 were considered a6
%6rogations; what remedlies were available
to person6 whose right6 had been
violated by Indian forces and what action had been taken by the Sri Lank.an
Government with respect to complaint6 of disappearances as a result
of action6
taken by Indian troops; what was the number of Woas corou application6
ma%e
an%how many had been declared valid;
and whether lawyers engaged in pursuing
complaints feared reprisals.
458. Members also wished to know whether the grounds of reasonableness upon
which a detention order made by the Secretary to the Ministry
of Defence was
subject to review were determined by the courts an% what criteria
were used in
that determinations what the demands of the separatists
were an% how the
Government envisaged resolving the situationr
what had been done to update
legislation
in light of the Convention on the Rights of the Child; how,
specifically,
did "persona1 laws" %erogate from the rights of women and
children an% what actions Bid the Government propose to take in order to give
effect to the provisions
of the Covenant in this regard: why individual6
ha%
no direct access to the Parliamentary
COmmiSSiOner for Administration
(Ombudsman); why the system of censorship ha% been adopted in stagesr whethar
constituents had a particularly
close relationship
with their Member of
Parliament: to what extent Members of Parliament were aware of the human
rights enshrined in the Covenants and why the proposed new amendment to the
Constitution
Substituted
the Concept of race for that of ethnicity.
459. In reply, the representative
Said that the Covenant could not be directly
invoked before the courts, since international
law became part of domestic law
only upon formal incorporation.
However, the rights provided for under the
Covenant were enshrined in the chapter of the Constitution
dealing with
fundamental rights.
Emergency
regulation6
had to be consistent with the
COnStitutiOn and, hence, with the Covenant,
The %eclaration of a state of
emergency had to be ratified
by Parliament and could be 6truck down by the
Courts on ground6 of unconstitutionality.
Only the derogation6 permitted by
the Covenant were permitted under the emergency regulations.
Gafeguards with
regard to the writ of -as
corq@ and the ability
to challenge the validity
of the regulation6
in a court of law remained unimpaired.
Information
on
humanrights instrument6 had been distributed
to the armed forces
and the
policer seminars on human right6 topics had been con%ucte% for member6 of
those services) and teaching about human rights had been made part of the
school curriculum.
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