A Milestone in Human Rights Advocacy: Challenging State Inaction Locally

A Milestone in Human Rights Advocacy: Challenging State Inaction Locally

A Milestone in Human Rights Advocacy: Challenging State Inaction Locally

The Centre for Justice (CfJ) is proud to announce a groundbreaking achievement in our fight for social justice and human rights. For the first time, we have filed a Human Rights Application under Section 7 of the International Covenant on Civil and Political Rights (ICCPR) Act No. 56 of 2007 at the Provincial High Court of Kalmunai, bypassing the conventional route of the Supreme Court. This step reflects our commitment to ensuring that justice is accessible to all citizens, especially at the grassroots level.

The Context: Ensuring Accessible Public Services

Our petition targets the Kalmunai Municipal Council and its Commissioner for their failure to maintain essential public roads. Despite collecting fees for repairs, over 100 road sections remain unsafe and unusable due to neglect. This negligence not only violates statutory duties but also infringes on the fundamental rights of Kalmunai’s residents, as enshrined under the ICCPR Act.

Through this application, CfJ aims to:

1. Address Public Nuisance: Repair and maintain damaged roads that hinder safe transportation.
2. Ensure Accountability: Compel the municipal council to fulfill its statutory obligations transparently.
3. Enhance Access to Justice: Establish Provincial High Courts as viable forums for addressing human rights violations, thereby bringing justice closer to the people.

Why This Is Revolutionary

Human Rights Applications are traditionally filed in the Supreme Court of Sri Lanka. By leveraging the jurisdiction of the Provincial High Court, CfJ has introduced a transformative approach that empowers citizens to seek redress more conveniently. This innovation reduces barriers to justice, especially for communities in rural and underserved regions.

Standing Up for Citizens’ Rights

The case emphasizes that safe and accessible public roads are not just a civic expectation—they are a fundamental right guaranteed by international and national law. The inaction of the municipal council undermines the residents’ ability to access public services, contravening Section 6(1)(b) of the ICCPR Act, which upholds the right to equal access to public services.

Join Us in Driving Change

This landmark case reflects CfJ’s unwavering dedication to empowering citizens and challenging state inaction. We invite you to support our ongoing efforts to make justice accessible and hold institutions accountable. Together, we can create a more just and equitable society.