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LAW COMMISSION OF SRI LANKA

               The Law Commission of Sri Lanka was established under the Law Commission Act No. 03 of 1969. The Law Commission is statutorily required to keep the laws in Sri Lanka under review, to advice on the elimination of anomalies, repeal of obsolete laws and simplification and modernization of the applicable law.  The Department of the Law Commission was established as a permanent government Department under the Ministry of Justice to provide administrative support to the Law Commission. The Commission, which is currently housed in a rented building at Colombo 5 is to move to Pelawatte, Battaramulla from January 2006.

          In accordance with the Section 2 of the Law Commission Act, a Chairman and members of the Law Commission are appointed by Her Excellency the President of Sri Lanka for a period of five years. The eighth Law Commission was appointed under the Act on the 29^th November 2004 with the following members:

 Mission Statement

• To promote the reform of the law, to formulate programmes for rationalizing and simplifying legal procedures,  including procedure of an administrative character connected with litigation and  to review the system of legal education in Sri Lanka in consultation with the Council of Legal Education.

Functions of the Commission

The Law Commission is charged with the general duty of keeping under review the law, both substantive and procedural with a view to its systematic development and reform, the codification of the law, the repeal of anomalies, the repeal of obsolete and unnecessary enactments and generally the simplification and modernization of the law.  It is also the duty of the Law Commission to  keep under constant review the exercise by bodies other than Parliament of the power to legislate by subsidiary legislation with a view to ensuring that they conform to well established principles and to the rule of law.  The Commission is also charged with the specific duty of reviewing the system of legal education.        

PROGRAMME OF WORK - 2005/2006

The Program of work 2005/2006 prepared by the Law Commission and approved by the Parliament includes, Laws delays; Reform of the Evidence Ordinance and Law of Property; Legislation for DNA & Finger printing, Contempt of Court, Freedom of Information and Data Protection, Commercial Transaction, Witness protection and victim of crime protection program, Bio ethics, Termination of Pregnancies, Firearms law, Sentencing and Marriage laws; and work pending from the earlier Law Commission.

The following subject areas were focused during the first three quarters of the year:

     i.         Tsunami (Special ) Provisions Act – observations were made.
              ii.        Animal Welfare Act – Public hearings were conducted and the final draft is                          ready.
              iii.        Protection of witnesses and victims of crime – Two Research projects were
                         completed by the Weeramanthry International Center for Peace, Education
                         and Research with funding from Asia Foundation and British High Commission.
                         Two workshops are planned in October, 05.
              iv.        Road Traffic Act – amendments proposed.
              v.         Pre-Trial proceedings – minimize laws delays and amendments to the Civil
                         Procedure Code proposed.
              vi.        Freedom of Information – Draft law is in the advance stages of preparation.
              vii.       Citizenship of Persons of Indian Origin Act, No 35 of 2003 – amendments
                         proposed for the Sri Lankans now in Tamil Nadu Refugee camps.
              viii.       Laws Delays – Discussions and workshops are held.

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