Aug 24, 2019

Human Rights Timeline from 18th Century BCE.

Human Rights norms and  mechanisms evolved over many centuries, as a result of historical events, making people think about other people rights of life, liberty and equality.

1760 BCE
In Babylon King Hammurabi set up the ‘Code of Hammurabi’, an early legal document that promises to ‘make justice in the Kingdom and promote the good of the people’.

6th Century BCE
Cyrus the Great, King of the Medes and the Persians, issues the "Charter of Freedom of Mankind." It is considered the first charter of human rights.

509-44 BCE
Rome flourishes under a Republic. Roman values under the Republic emphasize selfless service to the community, individual honor, the necessity of the law, and shared power and decision making. The Roman Republic develops a representative government along with a judicial system. Both the Roman form of government and the Roman form of law become the basis for many later European legal codes still in use today. The Republic ended in 44 BCE when, after civil war, Julius Caesar is named Emperor for life.

528 BCE - 486 BCE
In India, Gautama Buddha advocates morality, reverence for life, non-violence and right conduct.

500 BCE
Confucian teaches respect for other people in China.

262-232 BCE
King Asoka of India issues his Edicts, emphasizing goodness, kindness and generosity.

45-44 BCE
Cicero writes his philosophical works on humanitas, which emphasize goodwill towards humanity.

26 - 33 CE
In Palestine, Jesus Christ preaches morality, tolerance, justice, forgiveness love and equality before god. 

27 BCE - 476 CE
Roman Empire develops the concepts of natural law and the rights of citizens .

613 - 632 CE
In Saudi Arabia, Prophet Mohammed teaches the principles of equality, justice and compassion.

1215
Britain's King John is forced by his lords to sign the Magna Carta, acknowledging that free men are entitled to judgment by their peers and that even a King is not above the law.

1583 - 1645
Hugo Grotius, Dutch jurist credited with the birth of international law, speaks of brotherhood of humankind and the need to treat all people fairly.

1679: Habeas Corpus Act
Another crucial step towards the right to a fair trial, this law protected and extended the right of a detained person to go before a judge to determine whether the detention was legal.

1689
In England, Parliament adopts the Bill of Rights that curtails the power of the monarch and includes freedom from torture and from punishment without trial.

1690
John Locke writes about the notions of natural rights of life, liberty and property in his Two Treatises on Government.

1748
Montesquieu writes Spirit of the Laws. To set forth three  branches of government: executive, legislative and judicial. Montesquieu argues that despotism can be avoided if political power is divided with checks on power.

1762 CE
Rousseau writes The Social Contract in which he argues that the "general will," reflecting the common interests of all people in a nation, is sacred and absolute.

1776
US Declaration of Independence proclaims that 'all men are created equal' and endowed with certain inalienable rights.

1789
In France the National Assembly adopts the Declaration of the Rights of Man and of the Citizen, which guarantees the rights to liberty, equality, property, security, and resistance to oppression.

1791
The United States Congress adopts their Bill of Rights, amending the US Constitution to include rights to trial by jury, freedom of expression, speech, belief and assembly.

1833
The British Parliament abolishes slavery through the Slavery Abolition Act

1919
The Treaty of Versailles signed at Paris Peace Conference with other treaties for civil and political rights.

International Labour Organisation (ILO) is established to advocate for human rights in labor law

The Women's International League for Peace and Freedom is established.

The League of Nations Covenant is signed as part of the Treaty of Versailles "to promote international co-operation and to achieve international peace and security."

1920
The Nineteenth Amendment to the U.S. Constitution grants women the right to vote.

1926
The Geneva Conference passes a Slavery Convention to end slavery worldwide.

1930
The ILO passes the Convention Concerning Forced or Compulsory Labour "to suppress the use of forced or compulsory labour"

1933-1939
A series of discriminatory laws pass in Germany to  exclude Jewish people  from employment, education, housing, healthcare, marriages of their choice, pension entitlements, professions such as law and medicine, and public accommodations. In addition, Germany begins murdering physically and mentally disabled people by gas, lethal injection and forced starvation.

1935-1953
Joseph Stalin launches a reign of terror, estimated 20 million Russian citizens were killed or died in the Gulags, a vast majority for crimes they never committed.

1939-1945
During World War II, an estimated 6 million European Jews are exterminated by Adolf Hitler's Nazi regime. Millions of civilians were  forced into concentration camps,  starved, brutalized and/or murdered.

1941
U.S. President Franklin D. Roosevelt and British Prime Minister Winston Churchill adopt the Atlantic Charter, in which they state their hope is "that all men in all the lands may live out their lives in freedom from want and fear" and that all nations shall enjoy self-determination.

U.S. President Franklin D. Roosevelt, in his State of the Union Address identifies "Four Freedoms" as essential for all people: freedom of speech, freedom of religion, freedom from want and freedom from fear.

1942
Following the attack on Pearl Harbor by Japan, President Franklin D. Roosevelt signs Executive Order 9066 on February 19, 1942, which forcibly moves over 110,000 Japanese Americans from the coastal regions of the western U.S. to isolated inland internment camps. Their detention lasts almost four years.

René Cassin of France urges that an international court be created to punish those guilty of war crimes.

1943
The Magnuson Act passes the U.S. Congress, lifting the prohibitions of citizenship for people of Asian descent.

1944
Representatives from the United States, Great Britain, the Soviet Union and China meet at Dumbarton Oaks to create the foundation for the United Nations.

1945 up
The United Nations (UN) is established. The Charter of the UN states that one of the primary purposes of the UN is the promotion and encouragement of "respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion."

1948
Universal Declaration of Human Rights, the first detailed expression of the basic rights and fundamental freedoms to which all human beings are entitled.

1948
Genocide Convention
adopted by the UN in an effort to prevent atrocities,  from happening again.

South Africa begins enacting more rigorous and authoritarian segregation laws that cement the ideology of apartheid into law.

1949
The Australian Parliament passes the Social Services Consolidation Act,  policy towards the Aboriginal people.

The ILO adopts the Right to Organize and Collective Bargaining.

International Conventions for the Protection of Victims of War (Geneva Convention) approves standards for more humane treatment for prisoners of war, the wounded and civilians.

The Statute of the Council of Europe asserts that human rights and fundamental freedoms are the basis of the emerging European system.

1950-1954
U.S. Senator Joseph McCarthy launches his anti-Communist campaign.

1950
The Office of the United Nations High Commissioner for Refugees is established.

The UN adopts the European Convention on Human Rights

 Convention for the Suppression of Traffic in Persons and Exploitation or Prostitution of Others.

European Convention on Human Rights, to provide basic rights both for their own citizens and for other nationalities within their borders.

The Mattachine Society organizes in Los Angeles to fight discrimination against gays.

1951
Refugee Convention protect the rights of people who are forced to flee their home country.

1952
The U.S. Congress passes the Immigration and Nationality Act, which ends the last racial and ethnic barriers to naturalization of aliens living in the U.S.

The UN adopts the Convention on Political Rights of Women.

1953
The Council of Europe creates the European Commission on Human Rights and the Court of Human Rights.

1954
The U.S. Supreme Court rules in Brown v. Board of Education that racial segregation in public schools is unconstitutional.

1955
The Daughters of Bilitis is founded in San Francisco as an organization to work for the acceptance of lesbians as respectable citizens of society.

The U.S. adopts the Standard Minimum Rules for the Treatment of Prisoners.

1957
Great Britain decriminalizes homosexual behavior between two consenting adults but bans gays in the military.

The UN adopts the Convention on Nationality of Married Women.

The ILO adopts the Convention Concerning Abolition of Forced Labour.

The ILO adopts the Convention Concerning Indigenous and Tribal Populations.

1958
The ILO adopts the Convention Concerning Discrimination in Employment and Occupation.

1960
The Inter-American Commission on Human Rights is established as an advisory body to the Organization of American States.

The Convention Against Discrimination in Education is adopted by the UN  (UNESCO).

A upnti-apartheid protest challenging raicial discrimstion laws, 69 protestors are killed by police., 

South African government bans the African National Congress (ANC) and other opposition groups.

Discrimination in Employment Convention, I up inLO prohibits discrimination at work.

1961
President John F. Kennedy appoints Eleanor Roosevelt to head the first Presidential Commission on the Status of Women.

The European Social Charter defines economic and social rights for member states of the Council of Europe.

Peter Benenson founds Amnesty International.

1962
Voting rights are extended to all Aborigines and Torres Strait Islanders by the Australian Parliament.

1963
The Organization of African Unity is established, dedicated to African self-determination and the advancement of the African people.

1964
U.S. passes Omnibus Civil Rights Bill, banning discrimination in voting, jobs, public accommodation, and other activities.

Civil Rights March on Washington, D.C.

Martin Luther King, Jr. wins the Nobel Peace Prize.

Nelson Mandela and seven other leaders of the ANC sentenced to life in prison  in South Africa.

1965
The U.S. President Lyndon B. Johnson signs the Immigration Act of 1965, eliminating the ethnic quotas established.

The UN adopts the International Convention on the Elimination of All Forms of Racial Discrimination.

1965
Racial Discrimination Convention Elimination of All Forms of Racial Discrimination (ICERD)

1966
International Covenant on
Economic, Social and Cultural Rights. (ICESCR)999 

International Covenant on
Civil and Political Rights
 (ICCPR) 

1966-1976
Mao Zedong begins a "purification" of leftist ideas  and  thousands of Chinese citizens are killed by their own government.

1965
The U.S. President Lyndon B. Johnson signs the Immigration Act of 1965, eliminating the ethnic quotas established.

The UN adopts the International Convention on the Elimination of All Forms of Racial Discrimination.

1968
 The UN adopts the Convention on  War Crimes and Crimes Against Humanity.

The First World Conference on Human Rights is held in Tehran.

René Cassin wins the Nobel Peace Prize for drafting the Universal Declaration of Human Rights.

The Organization of American States (OAS) adopts the American Convention on Human Rights.

Homosexuality is decriminalized in Canada.

The UN adopts the International Convention on the Suppression and Punishment of the Crime of Apartheid.

A military coup overthrows Chilean President  Allende.  General Pinochet, takes power, dissolves the Congress, suspends the constitution, criminalizes opposition political parties, and places strict limits on the media. During his seventeen-year dictatorship, Pinochet presides over the repression, torture, disappearance, and death of thousands of Chilean citizens who opposed his rule.

1975
The UN adopts the Declaration on Rights of Disabled Persons.

Andrei D. Sakharov wins the Nobel Peace Prize for his promotion of human rights in the Soviet Union.

Portugal becomes the last major power to end  colonial rule in Africa. 

1976
The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights takes effect after ratification of enough UN Member states.

1977
A human rights bureau is created within the U.S. Department of State.

Amnesty International wins the Nobel Peace Prize.

U.S. President Jimmy Carter begins to institutionalize human rights agendas into American foreign policy.

1978
The National Coalition Against Domestic Violence is founded in the United States.

Helsinki Watch is established to monitor the Soviet Union's compliance with the Helsinki Accords, now called  Human Rights Watch.

The Camp David Peace Accords help negotiations between Egypt and Israel, toward peace between the Israelis and Palestinians.

1979
The UN adopts the Code of Conduct for Law Enforcement Officials and the Convention on the Elimination of All Forms of Discrimination Against Women. The Organization of American States establishes the Inter-American Court of Human Rights.

1980
The U.S. Supreme Court orders the federal government to pay some $120 million dollars to eight tribes of Sioux Indians in reparation for American Indian land that the government seized illegally in 1877.

1981
The African Charter of Human Rights is adopted by the Organization for African Unity (OAU).

The International Labour Organisation adopts the Convention Concerning the Promotion of Collective Bargaining.

1982
The UN adopts the Principles of Medical Ethics.

1983
The Arab Organization for Human Rights is formed.

1984
The UN adopts the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.

Desmond Tutu wins the Nobel Peace Prize.

1985
The Committee on Economic, Social, and Cultural Rights is established by United Nations.

The UN adopts the International Convention against Apartheid in Sports.

The U.S. Senate votes to impose economic sanctions on South Africa against the apartheid policy.


1986
The UN adopts the Declaration on the Right to Development.

1976 CE
The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights takes effect after ratification of enough UN Member states.

1977
A human rights bureau is created within the U.S. Department of State.

Amnesty International wins the Nobel Peace Prize.

U.S. President Jimmy Carter begins to institutionalize human rights agendas into American foreign policy.

1978
The National Coalition Against Domestic Violence is founded in the United States.

Helsinki Watch is established to monitor the Soviet Union's compliance with the Helsinki Accords, now called  Human Rights Watch.

The Camp David Peace Accords help negotiations between Egypt and Israel, toward peace between the Israelis and Palestinians.

1979
The UN adopts the Code of Conduct for Law Enforcement Officials and the Convention on the Elimination of All Forms of Discrimination Against Women. The Organization of American States establishes the Inter-American Court of Human Rights.

1980
The U.S. Supreme Court orders the federal government to pay some $120 million dollars to eight tribes of Sioux Indians in reparation for American Indian land that the government seized illegally in 1877.

1981
The African Charter of Human Rights is adopted by the Organization for African Unity (OAU).

The International Labour Organisation adopts the Convention Concerning the Promotion of Collective Bargaining.

1982
The UN adopts the Principles of Medical Ethics.

1983
The Arab Organization for Human Rights is formed.

1984
The UN adopts the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.

Desmond Tutu wins the Nobel Peace Prize.

1985
The Committee on Economic, Social, and Cultural Rights is established by United Nations.

The UN adopts the International Convention against Apartheid in Sports.

The U.S. Senate votes to impose economic sanctions on South Africa against the apartheid policy.

1986
The UN adopts the Declaration on the Right to Development.

1988
U.S. Congress ratifies the Convention on the Prevention and Punishment of the Crime of Genocide.

The UN ratifies the Body of Principles for Protection of All Persons Under Any Form of Detention of Imprisonment.

African governments create the African Commission on Human and Peoples' Rights.

1989
In Tiananmen Square, Chinese authorities massacre student demonstrators struggling for democracy.

The UN adopts both the Convention on the Rights of the Child and the Second Optional Protocol to the International Covenant on Civil and Political Rights aimed at the abolition of the death penalty.

The Dalai Lama wins the Nobel Peace Prize.

The International Labour Organisation adopts the Convention Concerning Indigenous and Tribal Peoples in Independent Countries.

The Berlin Wall is dismantled.

1984
Convention against Torture
(CAT)

1989
The Convention on the Rights of the Child (CRC) 

1989
Indigenous Peoples Convention
protects the rights of Indigenous and tribal peoples around the world.

1990
Convention on Migrant Workers.

1990
UN imposes sanctions on Iraq, the U.S. enters the Gulf War to protect the sovereignty of Kuwait.
The Americans With Disabilities Act is signed into law.

The World Summit for Children of the World adopts the Declaration on the Survival, Protection, and Development of Children.

The UN adopts the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

After 27 years of imprisonment, Nelson Mandela is released
and  anti-apartheid ban lifted.

UN imposes sanctions on Iraq, the U.S. enters the Gulf War to protect the sovereignty of Kuwait.

The Americans With Disabilities Act is signed into law.

The World Summit for Children of the World adopts the Declaration on the Survival, Protection, and Development of Children.

The UN adopts the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

After 27 years of imprisonment, Nelson Mandela is released
and  anti-apartheid ban lifted.

1991
Aung San Suu Kyi wins the Nobel Peace Prize.

1992
The UN Security Council adopts a resolution to deploy the United Nations Protection Force in the former Yugoslavia.

A UN Security Council resolution condemns "ethnic cleansing" in Bosnia and Herzegovina.

The UN adopts the Declaration on the Protection of All Persons from Enforced Disappearance.

The UN adopts the Declaration on the Protection of All Persons Belonging to National or Ethnic, Religious, and Linguistic Minorities.

The U.S. Congress ratifies the International Covenant on Civil and Political Rights.

Rigoberta Menchu Tum wins the Nobel Peace Prize.

The UN Security Council adopts a resolution to deploy the United Nations Protection Force in the former Yugoslavia.

A UN Security Council resolution condemns "ethnic cleansing" in Bosnia and Herzegovina.

The UN adopts the Declaration on the Protection of All Persons from Enforced Disappearance.

The UN adopts the Declaration on the Protection of All Persons Belonging to National or Ethnic, Religious, and Linguistic Minorities.

The UN Security Council adopts a resolution to deploy the United Nations Protection Force in the former Yugoslavia.

A UN Security Council resolution condemns "ethnic cleansing" in Bosnia and Herzegovina.

1993
A Criminal Tribunal on the Former Yugoslavia is established in the Hague
to prosecute persons responsible for crimes against humanity and war crimes since 1991.

The Second World Conference on Human Rights Convenes in Vienna, where the Vienna Declaration and Programme of Action is adopted.

The United Nations General Assembly creates the post of High Commissioner for Human Rights.

Nelson Mandela and F.W. de Klerk are awarded the Nobel Peace Prize "for their work for the peaceful termination of the apartheid regime"

The Second World Conference on Human Rights Convenes in Vienna, where the Vienna Declaration and Programme of Action is adopted.

The United Nations General Assembly creates the post of High Commissioner for Human Rights.

The U.S. adopts the policy "Don't Ask, Don't Tell, Don't Pursue" which gives the government the right to remove open homosexuals from military service.

1994
The UN declares a Decade for Human Rights Education on.

An emergency session of the Commission on Human Rights convenes to respond to genocide in Rwanda.

The first UN High Commissioner for Human Rights, Jose Ayala Lasso, takes his post.

Nelson Mandela is elected as  president of South Africa.

1995
The Beijing Declaration at the World Conference on Women declares that "Women's rights are human rights."

The Truth and Reconciliation Commission is set up by the South African Government to address human rights violations under apartheid.

Aung San Suu Kyi is released from house arrest in Burma.

1996
Jose Ramos Horta and Bishop Carlos Belo win the Nobel Peace Prize.

President Clinton signs the Defense of Marriage Act, denying the right of marriage to same-sex couples by defining marriage "only as a legal union between one man and one woman."

1997
Mary Robinson, former President of the Republic of Ireland, becomes the second UN High Commissioner for Human Rights.

General  Pinochet is arrested for murder in London on a warrant from Spain requesting his extradition on allegations of murder, torture and disappearances of Spanish nationals in Chile between 1973 and 1990.

2000
The International Labour Organisation adopts the revised Maternity Protection Convention.

2001
The U.S. ratifies the Patriot Act reducing the rights and freedoms of many Americans.

2003
 Massachusetts high court ruled that it would allow same sex marriage and the first gay marriages in the U.S. were performed.

2004
Press reports describe the U.S. torture of Iraqi prisoners at Abu Ghraib Prison during and after the 2003 Iraq War.

President George W. Bush reacts to the legalization of gay marriage in Massachusetts by supporting a Constitutional Amendment to define marriage as between one man and one woman.

Genocide begins in the Darfur region of the Sudan as the Janjaweed have displaced millions.

2004
Press reports describe the U.S. torture of Iraqi prisoners at Abu Ghraib Prison during and after the 2003 Iraq War.

2005
Two years after the invasion of Iraq by Coalition Forces to remove Saddam Hussein, the Iraqi people hold their first free election

2006
Convention on Persons with Disabilities.

2007
Declaration on the Rights of Indigenous Peoples.

Aug 23, 2019

Evolution of Human Rights in Sri Lanka

Based on article by
Dr. Shirani A. Bandaranayake
Former Chief Justice of Sri Lanka.

Fundamental principle of the Constitution, formed by The Rule of Law,   a necessity for equality before the law,  is the constitutional guarantee of human rights known as fundamental rights for civilized  existence of a State.


Human Rights hold the  concept of  inborn rights of an individual, which cannot be denied by the State or other party. 

The doctrine of Human Rights has been treated in many religions as welfare of all human beings as a state duty,  emphasizing the infinite value of the human life.

The  Universal Declaration of Human Rights (UDHR), 1948, stemed from UN Charter 1045, contains 30 basic laws on Human Rights, giving high priority for right to life, liberty and equal protection are given .

Human Rights Protection in Sri Lanka

The 1947 Constitution did not include s Bill of Rights,  however the Rule of Law prevailed evident from Bracegirdle case in 1937 of colonial era.

Bracegirdle, an Anglo-Australian  Marxist revolutionary, who played a key role in Sri Lanka's independence struggle, was one of the handful of European Radicals in Sri Lanka, critisized planters breaking the labour laws and urged plantation workers not to allow it. The angry planters requested the British Colonial Governor Sir Reginald Stubbs to deport him. He was arrested and detained on the orders of the Governor for deportation.

The Courts ordered the release of Bracegirdle,  when an application was made for a writ of habeas corpus for his release.

The Supreme Court held that  Governors power vested under the provisions of the Order in Council of 1896,  could only be exercised in a state of emergency, and Courts inquiry did not find a state of war or grave civil disturbance caused by
Bracegirdle speech.

Although the 1972 Constitution comprised a chapter on Fundamental Rights and Freedoms, there was no provision for special procedure for their enforcement against the State.  However a case filed in 1973, the court held in 1983 that infringement of human rights has occured.

The 1978 Constitution vested the Supreme Court with exclusive jurisdiction in respect of the infringement of a person’s fundamental right.

Article 17 of the 1978 Constitution read with Article 126 provides a person direct access to the Supreme Court to move the Court in respect of any infringement of a fundamental right.

The rights guaranteed by Articles 10, 11, 12(1), 12(3) and 13 of the 1978 Constitution are available to all natural and juristic persons, whereas the rights guaranteed in Articles 12(2) and 14 are available only to citizens.

The fundamental rights recognized by the Constitution of Sri Lanka, Article 4(d) states "shall be respected, secured and advanced by all the organs of government, and shall not be abridged, restricted or denied save in the manner and to the extent provided by the Constitution."

These fundamental rights are set out in Chapter III of the Constitution:

(A) Rights made available to every "person" :

Freedom of thought, conscience and religion

Freedom from torture or cruel, inhuman or degrading treatment

Right to equality before the law and the equal protection of the law

Right to non-discrimination on grounds of race, religion, language, caste, sex, political opinion or place of birth

Right not to be arrested excepted according to procedure established by law, and to be informed of the reason for the arrest

Right not to be kept in custody without a judicial order for longer than the period prescribed by law.

Right of a person charged with an offence to be heard in person or through an Attorney-at-Law at a fair trial by a competent court

Right not to be punished with death or imprisonment except by order of a competent court made in accordance with procedure established by law

Right to be presumed innocent until proved guilty

Right not to be punished retrospectively, i.e. for something that was not an offence at the time it was committed

(B) Rights to every "citizen":

Freedom of speech and expression including publication

Freedom of peaceful assembly.

Freedom of association.

Freedom to form and join a trade union

Freedom to manifest one's religion by observance, practice and teaching.

Freedom, by oneself or in association with others, to promote one's own culture and use one's own language

Freedom to engage in any lawful occupation, profession, trade, business or enterprise.

Freedom of movement and of choosing one's residence within Sri Lanka.

Freedom to return to Sri Lanka

If the Court finds that there is an infringement or imminent infringement of any of the petitioner's fundamental rights set out in the Constitution, it is empowered to "grant such relief or make such directions as it may deem just and equitable in the circumstances".

In Perera v University Grants Commission case,  "Constitutional guarantee of fundamental rights is directed against the State" raised a situation with regard to the interpretation of an application on fundamental rights.  The Court held that infringement of Fundamental right of equality of the complaint has occured in selection to university and relief was granted.

The Human Rights Treaties

Human Rights Law is  a branch of International Law, refers to different types of agreements or  treaties.

A treaty is  defined as: "Any international agreement in written form, whether embodied in a single instrument or in two or more related instruments[ ...]  concluded between two or more states or other subjects of international law and governed by international law."

The most important universal treaties are:

The International Covenant on Civil and Political Rights (ICCPR)

and

The International Covenant on Economic, Social and Cultural Rights (ICESCR).

Regional Human Rights treaties have been adopted by the Council of Europe, the Organisation of the American States and the Organisation of African Unity.

A State cannot enforce any law other than what is stated in its Constitution, hence It is necessary for a State to ratify an international covenant for it to become part of the State law.

Sri Lanka Constitution sovereignty is in the people and is inalienable. Article 4(a) states that the legislative power of the people shall be exercised by Parliament.

The.Article 2(2) of the ICCPR states that, "When not already provided for by existing legislative or other measures, each State Party to the present covenant undertakes ... to adopt such legislation or other measures as may be necessary to give effect to the rights recognized in the present covenant."

The UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 was enacted by parliament  Act, No. 22 of 1994, giving effect to that Convention.

In the Danzig Railway Officials case, The Free City of Danzig’s railway employees sued their Polish employers over pay and pensions.

the Permanent Court of International Justice ,(PCIJ) stated that "It cannot be disputed that the very object of an international agreement ... may be the adopting by the parties of some definite rules creating individuals rights and obligations enforceable by the national courts." , shows that In general, treaties do not create direct rights and obligations for private individuals in a State party.

Right to Education

It has been stated that "Education is both a human right in itself and an indispensable means of realizing other human rights: civil, cultural, economic, political and social. It is the primary vehicle by which economically and socially marginalized people can lift themselves out of poverty and obtain the means to participate fully in national life. Its impact is thus felt in the future, as much if not more than in the present. Education benefits societies as well as individuals."

 The UDHR declares that, "Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit."

It further went on to declare: "Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religions groups and shall further the activities of the UN for the maintenance of peace."

The ICESCR has recognized this right and has stated that "The States parties to the present covenant recognize the right of everyone to education." There are several other international instruments which have declared not only the right to education, but also the prime objective of such a right.

Allthough in Sri Lanka,  education is not treated as a separate fundamental right. However, the Constitution provides for the right to equality. This provision is one of the most important principles in any Constitution.

Several cases have come before the Supreme Court of Sri Lanka on the basis of Article on equality and equal protection in the Constitution.

Equality and Equal Protection

Article 7 of the UDHR reads: "All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination"

Article 12 of Sri Lanka Constitution provides the right to equality and Article 12(1) states: "All persons are equal before the law and are entitled to the equal protection of the law".

Equal protection generally  means the right to equal treatment, treated alike and administered equally on similar circumstances.

The concrpt, "equality before the law" implies the absence of any special privilege in anyone’s favour before the law.

The concept  ‘equal protection of the law’ means the application of the same law without any kind of discrimination to all alike.

Article 126 of the Constitution refers to need for  "executive" or "administrative" action, but no clear definition has been given on what would involve "executive" or "administrative" action.

In Thadchanamurthi v Attorney General case , it was held that the State will be liable for the wrongs of its subordinate officials only where there is a violation of ‘administrative practice’ within the scope of their authority viewed as "official action of all State Officers."

Accordingly if there is no proof of administrative practice, the State will not be liable for any alleged ill treatment as the acts are not authorized, encouraged or performed for the benefit of the State, then the State cannot be held responsible for such acts.

Study cases of

Mohamed Faiz v Attorney General

Jayakody v Sri Lanka Insurance and Robinson Hotel Company Ltd.

Elmore Perera v Montagu Jayawickrama , the Supreme Court  held that to prove contravention of Article 12(1), unjust or wrongful treatment alone would not be sufficient.

in Jayasinghe v Attorney General case, the court  stated that  Article 12 of the Constitution ensures equality and equal treatment even when a right is not granted by common law, statute or regulation.

International Covenants and Sri Lankan Courts

Sri Lanka has a duty to  respect for treaty obligations based on Article 27(15) of the Constitution:
"The State shall promote international peace, security and co-operation, and the establishment of a just and equitable international economic and social order and shall endeavour to foster respect for international law and treaty obligations in dealing among nations."

 in Weerawansa v Attorney General case, The Court held that "Article 27(15) requires the State to endeavour to foster respect for international law and treaty obligations in dealings among nations.

That implies that the State must likewise respect [such] obligations in its dealings with its own citizens, particularly when their liberty is involved. The State must afford to them the benefit of the safeguards which international law recognises."

Leela Violet vs Vidanapathirana , Court of Appeal.relied upon a leading decision of the Inter-American Court of Human Rights and Resolutions of UN Commission on Human Rights.

In Weerawansa v Attorney General Fernando, J. was of the view that our Courts should have regard to the provisions of International Covenants.

In Manawadu v Attorney General,  the Court referred to applicability of UDHR in enacting statutes.

Indian Supreme Court stated that, in the absence of suitable legislation in a certain sphere, international conventions and norms so far as they are consistent with the constitutional sprit, could be relied on by the Courts.

The Bangalore Principles states
that the conclusions were “expressed in recognition of the fact that judgesa and lawyers have a special contribution to make in administration of justice in fostering universal respect for fundamental human rights and freedoms”. 

http://www.island.lk/2003/08/22/featur02.html

Discussion :
Discuss evolution of human rights law in Sri Lanka, enabling environment and norms with reference to international treaties

Niranjan Meegammana
HR Researcher and Technologist
Digital Human Rights Institute


Freedom of Expression in Social Media and Privacy

In emerging digital world, social media has become the main medium of  communication, with  2.2 billion Facebook users, 330 million Twitter users and users viewing billion hours of video
daily on YouTube, creates a huge  positive impact on freedom of expression. However these social media companies have gained enormous power on what  information each individual has access to and how they consume them.

When a user is joining a social platform, require acceptance of Terms of Service companies. It lays down community standards for acceptable types of content and user behavior.

The content posted against community  standards are subject to removal, on reporting by users or through algorithms.
or user's account could be disabled. Therefore the social media platforms are not control-free.

Governements constantly pressure these companies to remove content labeled as  ‘hate speech’ and   ‘fake news’ so online censorship is increasingly  privatised.

Social media news feeds curated by algorithms, to serve targeted advertisements for the perceived interests of the users determined by machines, collecting analysing user behavior on their platform. Therefore the freedom of speech online is now regulated by the terms of companies, mostly based in the United States (US).

When hundreds of.millions of users joining their platforms, these companies had to address the humanr rights concerns of various communities joined their platforms, justified protection freedom of expression and right to privacy online.

This raises the questions of;

• What are the free speech standards  social media companies need to respect?

• How social media services provided by private
companies, comply with international standards on
freedom of expression?

• Does the electronic nature of the Internet require different policies and regulations?

• What are the procedural safeguards these companies should practice to respect the right to  freedom of expression online?

Right to freedom of expression
is protected by Article 19 of the UniversalD of Human Rights (UDHR), and legally forced with Article 19 of the
International Covenant on Civil and Political Rights (ICCPR) and other regional treaties.

In order to comply with other human rights and democracy,
limitations on right to freedom of expression can be made;

• By a law or regulation for conduct. Examples are Contempt of Court and Official Secrets Act, 1955

• To respect right to privacy of others. ICCPR Article 17 covers protection from defamation.

• Protection of national security or of public ordero of public health or morals. Social Media ban under emergency law.

Article 20(2) of the ICCPR provides that any expression of national, racial or religious hatred which constitutes incitement to discrimination or violence is prohibited by law.

These restrictions also apply to expressions made on Internet.

Intermediary liability

In 2011 the UN Special Rapporteur  recommended
that intermediaries should not be liable for content produced by others when providing
technical services, unless if they have specially intervened in the content, and stated that censorship should never be delegated to a private entity to  promote protection of the right
to freedom of opinion and expression online.

However lack of transparency by the intermediaries on online censorship done with  discriminatory practices or on political pressure affects right to freedom of expression on Internet.

It is the responsibility of private companies  to respect human rights, independent of State obligations.

The Manila Principles on Intermediary Liability states  that companies should respect human rights, and their content restriction policies and practices must comply with human rights law, and also provide users a complaints mechanism to review
decisions taken to restrict content.

The Joint Declaration on Freedom of Expression and Countering Violent Extremism , in 2016  recommended that States should not make mandatory orders to remove or otherwise restrict content by intermediaries,  unless the content is lawfully restricted under international standards.

The 2017 Joint Declaration on ‘Fake news’, Disinformation and Propaganda recommended that  intermediaries should adopt clear, pre-determined policies governing actions that restrict third party content under a justifiable criteria rather than ideological or political
goals, and Intermediaries should ensure easy access and understanding of Terms of Service, policies and practices  with detailed information on how they are enforced and where, with clear, concise and easy to understand sumeries.

It further recommended that intermediaries should respect a  due process for notifying users promptly when content is subject to restrictions giving the user an opportunity to contest restriction.

The Special Rapporteur on violence against women has urged States and companies to address online gender-based abuse, whilst warning against censorship, requires preventative measures to tackle online abuse often faced by women online.

Right to privacy and anonymity

Ability to communicate privately
guranteee right to privacy and freedom of expression.

The 2011, May Special Rapporteur on FOE expressed his concern on  States and private actors using the Internet to monitor and collect information about individuals, their  communications and activities ont Internet, which can violate right privacy of Internet users’ and ultimately prevent the free flow of information and ideas online, hence recommended that States should ensure that
individuals can express themselves anonymously online and refrain from adopting
real-name registration systems.

Further, in his May 2015 report on encryption and anonymity in the digital age,  recommended that States to refrain from making the
identification of users a pre-condition for access to digital communications and
online services like  requiring SIM card registration for mobile users, further recommended that corporate actors to reconsider their own policies that restrict
encryption and anonymity.

Keyword, image based algorithms or filters used in practice are uncertain in content restriction.

As  Terms of Service written in broad terms, make it generally impossible to know if they applied
reasonable, arbitrarily or  discriminatory  mechanism.

Social Media platforms
They allow users to report content thought to violate community guidelines. However there is no obvious appeals mechanisms for users to challenge a wrongful content removal decision, as the  Terms of Service does not
contain a clear information about redress mechanisms.

Terms of services containing unfair contract terms  imbalance
power between the companies and individuals.

The Terms of Service specifies a jurisdiction for dealing with dispute arising from the right
to privacy,  of the service, but it is a significant barrier for those based outside of the respective jurisdiction to access to  justice.

Google, Twitter and Facebook accepted  making their jurisdiction clauses
compliant with EU law.

The Communications Decency Act (CDA) , safeguards companies for any action taken voluntarily and in good faith to restrict
objectionable content based on their Terms Of Service.

It is critisized that lower standards in TOS applied for restrictions on freedom of expression than those permitted under international human rights law.

Companies day say that they intend to create safer online  environments to grow their user base, but not proportionate with free speech and privacy.

The companies are adapting their
community standards to domestic legal requirements due to political pressure, falling below international standards on freedom of expression.

Twitter and Facebook both prohibited “promotion” of violence or terrorism in 2015. Facebook Community Standards do not permit  supporting or
praising leaders of terrorist organisations, or condoning their violent activities.

Companies now using Artificial Intelligence to remove extremism, phonography , hate speech and fake news posts.

A challange prohibiting such content is that they are hard to define as offensive to the TOS.

Hate speech is a major issue on social media, and  companies are pressured by governments and
the public to make a safe online environment.

The Human Rights commitee ellaborating on freedom of expression states that "freedom of expression expands to contravercial , disturbing or even shocking material, disliked or thought to be incorrect does not justify preventing a person expressing it"9

Facebook Community Standards define hate speech as  direct attack on people based on race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity and serious disability or disease and does not allow on their platform.

Twitter defines “hateful conduct”  as a prohibited bIt upehaviour
"including violent threats, wishes for the physical harm, death, or
disease of individuals or gr groups ... or other content that degrades someone."

YouTube Community Guidelines defines "hate speech" as “content that promotes violence against or has tIthe primary purpose of inciting hatred against individuals or groups ...",  does not permit such   content  on its platform.

It is Generally permitted  to criticize a nation-state, but not hateful comments on a group based on their race.

Youtube further states that  “not everything that’s mean or insulting is hate speech.” unless it creates incitement to violence, hostility or discrimination.

Facebook does not allow any
organisations or individuals who engage in terrorist organisations organised hate..., provides that content that “expresses support or praise for groups, leaders or individuals involved in these activities” will be removed from the platform.

Facebook  defines graphic violence as content that “glorifies
violence or celebrates the suffering or humiliation of others because it may create an
environment that discourages participation."

It further states that “people value the ability to discuss important issues such as human rights abuse or acts of terrorism.”, which allows graphic content “to help people raise awareness about issues” but adds a “warning label to especially graphic or violent the same time,
Facebook states “people value the ability to discuss important issues such as human rights abuse or acts of terrorism." allows graphic content “to help people raise awareness about issues”, and adds a warning lable or prevent access to users under 18.

Twitter does not have a specific policy to deal with ‘terrorist’ content, but prohibits the use of Twitter “for any unlawful purposes or in furtherance of illegal activities.” and “violent threats and glorification of violence."

Social media platforms prohibit content that violates right to privacy on the grounds of public morals.

1. Threats of violence
2. Nudity or pornography
3. Posting of private information.

Among them can be  offensive or insulting material that
falls short of harassment, but justified in the public interest, although they may constitute an interference with the right to privacy.

Facebook restricts nudity, but makes allowance for nudity content for artistic, humor and educational puposes.

Google bans “nude” or “sexually explicit” images in broad terms.
YouTube prohibits sexually explicit content, but allows documentary or scientific purpose sexual content.

Fake news has become a key concern since 2016 US Presidential election. Social Media platforms are  combating  spreading of fake news .

Facebook anti-spam policy
does not allow inaccurate or misleading posts to gain liked or shares.

Facebook removes profiles that impersonate other people, and encourage  users to report false information.

Regulation
Gives disproportionate powers to State for censorship, inclusive of
prison terms, fines or content blocking powers.

When regulator is not an  independent body, chills down free expression.

Tends to undermine minority view points.

May be below international standards on freedom of expression .

Unable to transfer existing laws for radio, print and TV to internet due to open nature.

Powers to block entire  platform and hefty fines  for not complying with domestic legal requirements.

Co-regulation
This model established  self-regulatory bodies by
State. However they will have same flaws as State  regulated model, and hamper innovation. it's also not possible to guaranteee the independence of the body.

Self-regulation
Here members of self-regulatory bodies promote and develop respect for  ethical
standards with in membership with desire for  heathy internet, however these are “voluntary” initiatives and often used to circumvent the rule of law.

A strong weakness in this is lack transparency. They  fail to hold companies and governments accountable for wrongful removal of content.

Social media companies,
who are central enablers of freedom of expression  should respect the international
standards on human rights  consistent with the Guiding Principles of their businesd.

Their  Community
Standards should be in line with international standards on freedom of expression and they need to provide a remedy for violations of freedom of expression under their Community Standards.

States must provide for an effective remedy to protect Individuals’ right to  freedom of expression as well as right to privacy under international human rights law.

1. Discuss  freedom of expression and right to privacy giving examples and how human rights
based policies to be formulated for balancing two rights privacy and speech .

Niranjan Meegammana
HR Researcher & Technologist
Digital Human Rights Institute

Aug 21, 2019

Personal Data Protection , Privacy and GDPR Rights

Personal data
Personal data is information that relates to an identified or identifiable individual.

The identifiers of an individual could be a name or a number, IP, cookie identifier, or other factor.

Even if identifiers removed or  pseudonymised the data is still
personal data.

Information about a deceased person does not constitute personal data.

What are sensitive data? It

  • Racial or ethnic origin
  • Political opinions
  • Religious beliefs
  • Trade union membership
  • Genetic data
  • Biometric data
  • Health information
  • sexual orientation
  • Financial data

The right to protection of reputation is is protected by Article 12 of the Universal Declaration of Human Rights states:

"No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."

Article 17 of the International Covenant on Civil and Political Rights states:

"2. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks."

General Comment No. 16 to Article 17 Right to Privacy in the International Covenant on Civil and Political Rights to which Sri Lanka is a signatory State Party emphasized that:

°The gathering and holding of personal information on computers, data banks and other devices, whether by public authorities or private individuals or bodies, must be regulated by law.

Effective measures have to be taken by States to ensure that information concerning a person's private life does not reach the hands of persons who are not authorized by law to receive, process and use it, and is never used for purposes incompatible with the Covenant. 

In order to have the most effective protection of his private life, every individual should have the right to ascertain in an intelligible form, Whether, and if so, What personal data is stored in automatic data files, and for What purposes.

Every infividual should also be able to, ascertain which public authorizes or private individuals or bodies control or may control their files. If such files contain incorrect personal data or have been collected or processed contrary to the provisions of the law, every individual should have the right to request rectification or elimination."

GDPR
The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy for all individual citizens of the European Union and the European Economic Area. It also addresses the transfer of personal data outside the EU and EEA areas.

Who does the GDPR apply to?

The GDPR applies to ‘controllers’ and ‘processors’. 
A controller determines the purposes and means of  personal data.
A processor is responsible for personal data.

on bmehalf of a controller  processor has specific legal obligations 

If s call center maintain records  of personal data and processing activities and legally   responsible in case of a  data breach.

However, if you are a controller, you are not relieved of your obligations where a processor is involved – the GDPR places further obligations on you to ensure your contracts with processors
comply with the GDPR.

The GDPR applies to processing carried out by organisations operating within the EU. 

It also applies
to organisations outside the EU that offer goods or services to individuals in the EU.

The GDPR does not apply to certain activities including processing covered by the Law Enforcement
Directive, processing for national security purposes and processing carried out by individuals purely
for personal or household activities.

GDPR 7 key principles:
processing personal data.

Lawfulness, fairness and Transparency
Purpose limitation
Data minimisation
Accuracy
Storage limitation
Integrity and confidentiality (security)
Accountability

Valid consent
Consent must be freely given
require an action to opt in. 

Unbundled from other terms and conditions

Concise and easy to understand and user friendly

Consent must specifically cover the controller’s name, the purposes of the processing and the types of
processing activity.

Explicit consent must be expressly confirmed in words, rather than by any other positive action.

There is no set time limit for consent. 

How long it lasts will depend on the context. 

You should review
and refresh consent as appropriate.

How should we obtain, record and manage consent?

consent request need to be prominent, concise, separate from other terms and conditions

Tell
why you want the data;
what you will do with it; 
and individuals can withdraw consent at any time.

Don’t use pre-ticked boxes, opt-out boxes Or other default settings.

Keep records to evidence consent – who consented, when, how, and what they were told.

Make it easy for people to withdraw consent at any time they choose.

Vital interest
A person admitting to hospital can't give consent, his wife has to give consent to access his medical records need to save life.

Public interest
Individuals’ rights to erasure and data portability do not apply if you are processing on the basis of
public task.

processing necessary for:
the justice;

parliamentary functions;
statutory functions;
governmental functions; or
activities that support or promote democratic engagement.

GDPR may not apply if:

A business less than 250 employees

not handle sensitive data, such as religious affiliation

data processing does not affect the rights and freedoms of individuals.

Sensitive data?

Racial or ethnic origin
Political opinions
Religious beliefs
Trade union membership
Genetic data
Biometric data
Health information
sexual orientation

Acceptable reasons for data processing:

The subject has consented, or

To fulfill a contract or to enter into a contract, or

To comply with a legal obligation related to the subject, or

To protect the “vital interests” of a person, or

To perform a task in the public interest, or

legitimate interests” of the controller 


Cloud-based Environments

Cloud Data Storage present number of technical security risks such as:

Data breaches
Hijacking of accounts
Unauthorised access


Security Measures

Access controls
Firewalls
Antivirus software
Staff training
Policy development

 Rights
Ok
Data protection is a fundamental right set out in Article 8 of the EU Charter of Fundamental Rights:

1. Everyone has the right to the protection of personal data concerning him or her.

2 Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law.

3. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.

4. Compliance with these rules shall be subject to control by an independent authority.

Personal Rights
The right to be informed (Article 13 & 14 of the GDPR)

The right to access information (Article 15 of the GDPR)

The right to rectification (Articles 16 & 19 of the GDPR)

The right to erasure (Articles 17 & 19 of the GDPR)

The right to data portability (Article 20 of the GDPR)
The right to object to processing of personal data (Article 21 of the GDPR)

The right of restriction (Article 18 of the GDPR)

Your rights in relation to automated decision making, including profiling (Article 22 of the GDPR)



Tools 
SOC 2 is a report based on AICPA's existing Trust Services principles and criteria. The purpose of the SOC 2 report is to evaluate an organization's information systems relevant to security, availability, processing integrity, and confidentiality or privacy.

Allgress
A software for data protection.
Allgress helps enterprise security and risk professionals solve the problem of how to assess, understand and manage corporate risk. Its founders and management team are committed to providing CISOs with the ability to make effective investment decisions that align security and compliance programs with top business priorities, communicate the value.


References:

Personal Data Security Breach Code of Practice 

https://www.dataprotection.ie/docs/Data_Security_Breach_Code_of_Practice/1082.htm

https://www.enisa.europa.eu

Niranjan Meegammana
HR Researcher & Technologist
Digital Human Rights Institute

AI and machine.learning impact on Human Rights

Artificial intelligence AI can surpass capabilities of human in many domains for advancement of science.  The  machine-learning techniques in AI help us  understand human behaviors using data. 

Computers can identify people using edge detecting algorithms  and natural language processing helps speech recognition, transcription and translation with linguistics.

This is different to traditional logical problem solving approach. AI  programs the machine to learn itself with the dataset  we input to derive the most likely logic to predict result for a given input with some probable error rate. Unlike a  logical program, the result is not 100%. Even for the same data set result can vary.

In science, technology, medicine and business AI offers enormous advances as well questions in ethics.
When we are Training a machine to predict which convicted felons will reoffend, the  criminal data we input are biased against  low-income people. Therefore the result could be  biased against low-income people.

Making websites more addictive with AI biased content delivery is biased  towards revenue but unfair to users. A research done on Facebook using six identical profiles subscribing to identical news sources found that differently curated content on their news feeds.

AI can be used to write fake reviews on products or fake comments on social media posts that could help go viral, making it harder for the truth to get out.

Analysis of varying sentiments towards an election, AI could predit countering, faking , biasing content for campaigns of richer condidates  giving unfair advantages.

Machines become better at achieving the goal they learned to pursue in their training environment, but it  may not the outcome we expect in  actually setting elsewhere.

Unlike logical systems AI systems are developped with least knowledge of the problem and  logic of the
solution. It means, the behavior of an AI program may not be what we always  anticipate.

AI presents newer threats for human rights in privacy, security, freedom of expression, freedom of association, non-discrimination, right to work and access to public services.

Therefore we need human rights-based approach to AI as there are no established methodologies to asses their  impact on  human rights.

AI need to identify who is being  potential for  discrimination. The solution would be human-centric AI.

The European Commission
EU strategy on AI (April 2018), makes specific reference to the need to invest in human-centric, inclusive approach to AI.

The first draft of AI ethics guidelines to the Commission by EU high level expert group,  address values protected by the Charter of Fundamental Rights, such as privacy and personal data protection, human dignity, non-discrimination and consumer protection.

The guidelines ask all stakeholders to evaluate possible effects of AI on human beings and the common good, further ask ensuring human centric AI development, deployement and ethical use grounded on fundamental human rights, social values and and justice.

This requires stakeholders to  draw up ethical guidelines with  ethics-by-design for  embedding  transparency and explainability into AI programs based on human rights, ethics  and justice.

Niranjan Meegammana
It
Niranjan Meegammana
HR Researcher & Technologist
Digital Human Rights

Aug 19, 2019

Human Right to Work ILO


The International Labour Organisation (ILP)  has identified 8 fundamental Conventions, covering  rights at work:

  • Freedom of association
  • Right to collective bargaining.
  • Elimination of forced or compulsory labour.
  • Abolishing child labour.
  • Elimination of  employment and occupation.

These principles are also covered by the ILO Declaration on Fundamental Principles and Rights at Work (1998) 


Article 23 of the UDHR guarantees everyone "the right to work, to free employment, to just and favourable conditions of work and to protection against unemployment."

International Covenant on Economic, Social and Cultural Rights (ICESCR) provides in article 6(1) for the "right to work, which includes the right of everyone to the opportunity to gain his living by work."

This right encompases work, or engage in productive employment, and may not be prevented from doing so.

Under article 1(2) of ILO ICESCR
Convention No. 122 each member shall ensure that "there is work for all who are available for and seeking work."

Sri Lanka Ratifications : 
ICESCR, 1966  ratified in Sri Lanka 11 Jun 1980.

(a) International Covenant on Civil and Political Rights (ICCPR), 1966  ratified in Sri Lanka on 5 October 1981

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979
ratified in Sri Lanka on 17 July 1980

There are 41 ILO Conventions ratified by Sri Lanka, which includes the 8 core conventions.
It recently ratified Employment Policy Convention, 1964 (No. 122) in early 2016.

 The Government of Sri Lanka expressed its willingness to ratify the Maritime Labour Convention, 2006 (MLC, 2006), Seafarers' Identity Documents Convention, 1958 (No. 108) and the Occupational Safety and Health Convention, 1981 (No. 155).


Discussion 
Discuss how unlawful social media and other restrictions imposed by government would   violate Human Right to work with reference to UDHR, Access to information under 19th amendment, ILO principles and other laws?

What restrictions could be imposed on right to work and under what conditions.

Niranjan Meegammana
HR Researcher & Technologist
Digital Human Rights