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This document discusses the 1992 case of Ratawesi Peramuna v. Attorney General of Sri Lanka, where 17 individuals challenged their detention under emergency laws as a violation of their freedom of association through the non-political organization Ratawesi Peramuna. Several NGOs and human rights lawyers represented the detainees pro bono. The Supreme Court recognized the value of upholding fundamental rights. The case established that no group has a monopoly on good ideas, freedom of association is indispensable for advancing beliefs, and legitimate agitation cannot be considered incitement to unlawfully overthrow the government. Today, freedom of association is under the worst threat in Sri Lanka despite attempts to deny it. Principles do not
This document discusses the 1992 case of Ratawesi Peramuna v. Attorney General of Sri Lanka, where 17 individuals challenged their detention under emergency laws as a violation of their freedom of association through the non-political organization Ratawesi Peramuna. Several NGOs and human rights lawyers represented the detainees pro bono. The Supreme Court recognized the value of upholding fundamental rights. The case established that no group has a monopoly on good ideas, freedom of association is indispensable for advancing beliefs, and legitimate agitation cannot be considered incitement to unlawfully overthrow the government. Today, freedom of association is under the worst threat in Sri Lanka despite attempts to deny it. Principles do not
This document discusses the 1992 case of Ratawesi Peramuna v. Attorney General of Sri Lanka, where 17 individuals challenged their detention under emergency laws as a violation of their freedom of association through the non-political organization Ratawesi Peramuna. Several NGOs and human rights lawyers represented the detainees pro bono. The Supreme Court recognized the value of upholding fundamental rights. The case established that no group has a monopoly on good ideas, freedom of association is indispensable for advancing beliefs, and legitimate agitation cannot be considered incitement to unlawfully overthrow the government. Today, freedom of association is under the worst threat in Sri Lanka despite attempts to deny it. Principles do not
and its players by Lakshan ias ! on "#$2#$2"1% &on 'overnmental (r)ani*ations +&'(s,- are the popular punchin) ba) of the 'overnment of .ri Lanka +'(.L,- when its actions are challen)ed by any individual and$or or)ani*ation/ &ame!callin)- brandishin) circulars to warn &'(s and now a draconian law to prevent them from raisin) public issues has been the modus operandi of the re)ime to curb and crush dissent/ 0he conte1t of the sudden and hei)htened attack on &'(s is also relevant/ 2ostilities between the '(.L and the L003 have ended in the decisive victory of the former over the latter/ 0here are no emer)ency laws in force and reconciliation e4orts are purportedly takin) place/ 34orts are nevertheless bein) made- to undermine the contributions of &'(s/ 5onse6uently it is time to re7ect on an important case to consider the importance of non)overnmental or)ani*ations or civil society or)ani*ations and the si)ni8cance of the contributions of &'(s- particularly at a time when those who bene8ted from 9associations: with them have chan)ed sides and lose si)ht of the value and utility of &'(. to the country at lar)e/ urin) the 199"s- .ri Lanka was di4erently poised/ 0here were insurrections in the &orth and the .outh and emer)ency laws were in operation/ As a result dissentin) points of view were sub;ect to suppression/ <et the 5ourt system was upheld and courts reco)ni*ed the value of upholdin) the Fundamental Ri)hts en;oyed by any citi*en/ A few e1amples of this sprin) to mind/ =alinda 5hanna Peiris .eneviratne- Athureliye Rathana +Ran;ith,- Ranawaka Arachchi)e Patali 5hampika Ranawaka are prominent personalities in contemporary .ri Lanka/ >n 1992 they were amon) 1? other individuals who moved the .upreme 5ourt in 1" Fundamental Ri)hts Applications- now reported in +199%,- 1 .ri Lanka Law Reports 1- alle)in) that they were detained by the Police under emer)ency laws and were tortured/ 0heir main complaint however was that the Freedom of Association which they e1ercised throu)h the Ratawesi Peramuna- a non political civil society or)ani*ation was violated/ Le)al Aid unit of 0he @ar Association of .ri Lanka +@A.L, and several other &'(s were at the forefront to protect the ri)hts of the detainees at that time and they had coordinated preparations for this case/ 0hese cases were 8led pro bono and .ri LankaAs foremost 2uman Ri)hts Lawyer =r/ R/B/C/ 'oonesekere and Attorneys!at!Law =anori =uttetuwe)ama- .uran;it 2ewamanne- =ethsiri 5oorey- L5= .warnadhipathi and D/ 5 Celiamuna represented them/ Fortunately- unlike today nobody 6uestioned the ri)ht of the 2uman Ri)hts activists and the &'(s to raise these issues before the appropriate fora/ Around the same time- another case came up in the .upreme 5ourt- when =r/ =ahinda Ra;apakse =P +now the President, was detained at the Airport for 6uestionin) when he was about to board a 7i)ht to 'eneva to make representation before E1st .ession of the Corkin) 'roup on enforced or involuntary disappearances/ 0his detention was challen)ed with =r/ R/B/C/ 'oonesekere leadin) the team of lawyers for =ahinda Ra;apakse +.ee=ahinda Ra;apakse v/ Budahetti 1992 2 .LR 22E,/ All leadin) &'(s condemned the detention of =r/ Ra;apaske/ 2owever- what is notable )iven the current environment in .ri Lanka- is that no one 6uestioned the role of civil society in support of =r/ Ra;apakshaAs visit to 'eneva/ >nterestin) back)rounds of di4erent petitioners in Ratavesi Peremuna makes it important for us to understand how an association works- outside the control of the 'overnment/ Accordin) to the case record- =alinda .eneviratne +now 3ditor of &ation newspaper and close associate of .ri Lankan efense establishment, had read Fundamental 0e1ts of =ar1ism and then became a 0rotskyite/ 2e entered umbara Fniversity but went to Fnited .tates of America on an 31chan)e to read sociolo)y at 2arvard Fniversity/ Gen/ Ratana +now a =ember of Parliament from .ihala Frumaya, was the ideolo)ical leader of the )roup/ 5hampaka Ranawaka +now a =inister and a leadin) nationalist ideolo)ist,- a founder member of Ratawesi Peramuna took an active part in anti DGP activities in the universities/ 2e wrote articles to Ravaya and Lakbima/ 2e was opposed to the )uns of both the DGP and 'overnment and wanted to prevent the youth from bein) pushed to violent politics/ 2e also had a scheme to restructure the Peramuna alon) the lines a political party/ =any other petitioners were involved with 'overnment and held key positions in various ministries/ Petitioner @andara became a 'overnor of Fva and later a =ember of Parliament from FPFA/ People chan)e but the principles do not/ 0he Ratawesi Peramuna case record speaks volumes of the importance of human values and human ri)hts/ >n deliverin) the ;ud)ment- Dustice r/ A/R/@/ Amerasin)he considered- amon) others- several leadin) decisions of F. .upreme 5ourt and made the followin) pronouncements- which is now part of our constitutional law: +a, &o person or )roup of persons- not even ma;orities- can claim to have a monopoly of )ood ideas/ =any a stran)e and sin)ular idea as in time- throu)h ar)ument and debate- had the power to )et accepted as truth/ +b, >t is beyond debate that freedom to en)a)e in association for the advancement of beliefs and ideas is an indispensable aspect of liberty/ +c, Freedom such as ri)ht to association are protected not only a)ainst obvious heavy handed frontal attack- but also from bein) smothered or sti7ed or chilled by more subtle interferences/ +d, Le)itimate a)itation cannot be considered as incitement to overthrow the )overnment unlawfully/ Chat is the situation todayH Freedom of association is under its worst threats in independent .ri Lanka- despite the attempts by state media and 9Para state propa)anda units: to deny it/ 0hose who supply ideolo)ical ;usti8cation for this )overnment +includin) some of the Petitioners in Ratawesi Peramuna and who were in fact bene8ciaries of the re)ime, will soon reali*e that they will one day need to form an association to defend themselves- independent of the state apparatus/ People chan)e but principles do not/ Probably it is time for us to remember the words of Laurence D/ Peter- 5anadian educationalist who moved into F.A and who published the famous 90he Peter Principles:/ 90he devil could chan)e/ 2e was once an an)el and may be evolvin) still:/ Posted by Thavam