Basil Fernando
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W.J. Basil Fernando () is a Sri Lankan jurist, author, poet, human rights activist, editor of Article 2 and Ethics in Action,Article 2 and Ethics in Action and a prolific writer. He was educated at St. Anthony's College, Wattala and St. Benedict's College, Kotahena. He earned an LL.B. from the University of Ceylon in 1972, registered as an Attorney-At-Law of the
Supreme Court of Sri Lanka The Supreme Court of Sri Lanka (; ) is the Supreme court, highest court in Sri Lanka and the final judicial instance of record. Established in 1801 and empowered to exercise its powers subject to the provisions of the Constitution of Sri Lanka ...
in 1980 and practised law in Sri Lanka up to the end of 1989. He became a legal adviser to Vietnamese refugees in a
UNHCR The Office of the United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and Humanitarian protection, protect refugees, Internally displaced person, forcibly displaced communities, and Statelessness, s ...
-sponsored project in Hong Kong. He joined the United Nations Transitional Authority (UNTAC) in 1992 as a senior human rights officer and later also served as the Chief of Legal Assistance to
Cambodia Cambodia, officially the Kingdom of Cambodia, is a country in Southeast Asia on the Mainland Southeast Asia, Indochinese Peninsula. It is bordered by Thailand to the northwest, Laos to the north, and Vietnam to the east, and has a coastline ...
of the UN Centre of Human Rights (now the UN High Commissioner of Human Rights office). He is associated with
Asian Human Rights Commission The Asian Human Rights Commission (AHRC) is an independent, Non-governmental organization, non-governmental body that promotes human rights in Asia and mobilizes Asian and international public opinion to obtain relief and redress for the victims ...
and Asian Legal Resource centre, based in Hong Kong since 1994. In 2014, he was awarded the Right Livelihood Award for "his tireless and outstanding work to support and document the implementation of human rights in Asia."


Jurisprudence

In
Cambodia Cambodia, officially the Kingdom of Cambodia, is a country in Southeast Asia on the Mainland Southeast Asia, Indochinese Peninsula. It is bordered by Thailand to the northwest, Laos to the north, and Vietnam to the east, and has a coastline ...
, he began to write on problems of rule law in post-communist societies, which he later continued to develop into problems of justice in Asian societies. He has written extensively on this theme, basing his work on studies on Sri Lanka,
Cambodia Cambodia, officially the Kingdom of Cambodia, is a country in Southeast Asia on the Mainland Southeast Asia, Indochinese Peninsula. It is bordered by Thailand to the northwest, Laos to the north, and Vietnam to the east, and has a coastline ...
and several other Asian countries. In three interconnected publications, The phantom limb: Failing
judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
systems,
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
and human rights work in Sri Lanka; Recovering the authority of public institutions: A resource book on human rights in Sri Lanka; Sri Lanka:
Impunity Impunity is the ability to act with exemption from punishments, losses, or other negative consequences. In the international law of human rights, impunity is failure to bring perpetrators of human rights violations to justice and, as such, itsel ...
, criminal justice and human rights, he analysed to collapse of rule of law institutions in
Sri Lanka Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka, also known historically as Ceylon, is an island country in South Asia. It lies in the Indian Ocean, southwest of the Bay of Bengal, separated from the Indian subcontinent, ...
. This study has provided a model for such studies elsewhere.Sri Lanka:Impunity, criminal justice and human rights


Civil Society

Through a study entitled Demoralization and Hope – creating the social foundations for sustaining democracy, a comparative study of ideas of N.F.S. Grungtvig of
Denmark Denmark is a Nordic countries, Nordic country in Northern Europe. It is the metropole and most populous constituent of the Kingdom of Denmark,, . also known as the Danish Realm, a constitutionally unitary state that includes the Autonomous a ...
and B.R. Ambedkar of
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
, he contributed to the development of civil society theory.Demoralization and Hope This led to the introduction of the folk school concept into human rights work in several Asian projects. This includes the Human Rights Correspondence School.


Poetry and Other Creative Writings

As a poet he first published his poems in English in 1972 in collection entitled A New Era to Emerge. Reviewing this collection, M.I. Kuruwilla, a prominent literary critic at the time, wrote to Navasilu 1976, " I feel that among those writing English poetry in Sri Lanka Basil Fernando is unique in many respects. In fact, although his output may be small, in range and depth he could stand his own ground when compared with poets writing in a more vital tradition that ours, for example the African poets."Poverty, Pride, and Memory: On the Writings of Basil Fernando Later, Basil wrote several collections in English as well as Sinhala. His most recent collections are The Sea Was Calm behind your house (2009) and Cheena Gedera Kirillege Geethaya (2009), a Sinhala collection. Basil's poems have been included several anthologies published in Sri Lanka and other countries. His poems were also reviewed by Anders Sjobohm in World Literature Today . Professor K.G. Sankara Pillai, a well known Indian poet, sums up the spirit of Basil Fernando's poems thus: "Basil Fernando belongs to another breed of poets. Basil is delighted to tell stories. Through those stories he releases the dilemmas of our dreadful time and reveals his priorities in a creative career. Basil believes that the mission of poetry is narrating the nation; narrating the reality; the nation of the poorest majority of the people. His faith is in the ethics of imagination. The idyllic landscape, the nuanced narrative, the resonant image is absent in Basil's poetry. Using straight and steady masculine linguistic structure in his poems, Basil opts to be a confident narrator of the times he witnesses, and a credible reporter of the cultural roots-spread beneath human relations we are tactfully farming. Basil believes that knowing the hard realities would alarm people. He dislikes allowing sleeping or dead words to ride on the horses of his poems. "We see in Basil's poems a narrator terribly worried over a madly chaotic world. His poems warn us against the speed with which our spiritual/social rivers are drying up. Our lives have become unbearably narrow. We are unaware of the crime we committed and the reason for our arrest. This is a frightening reoccurrence of a typical Kafkaesque situation. Basil's poetry seeks with urgency the reasons for the unreasoned and rationale for the irrational. "Fascism exhibits facts, but hides reality. Fascism announces might, but silences the cry. We can't see which heavy weights are crushing us in the centre of the roads, in the abyss of time. We are not taught in schools or universities who are fabricating our lives as condemned cells. Basil has sought in his poems to convey the pain and ignorance prevailing in his land, in every land. He has written poems as critiques of authoritarianism and orthodoxy fighting against the people to maintain the power they celebrate now."An appreciation of Basil Fernando's poems He has also published short stories. Several of his stories were published in Japan by Le Roy Robinson. Robinson also published a series interviews with Basil Fernando, which was later published under the title Village at the River Mouth by the English Writers Association. He is a member of the Sri Lanka English Writers Association and a regular contributor to its publication Channels.


Human Rights

He is an Editor of two quarterly publications, Article 2 and Ethics in Action. As a human rights activist he is particularly engaged in the elimination of police torture in Sri Lanka and several countries in Asia. Two other major concerns are
forced disappearance An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person with the support or acquiescence of a State (polity), state followed by a refusal to acknowledge the person's fate or whereabouts with the i ...
s and caste discrimination. He is also writer of numerous articles and opinion columns. He wrote a weekly UPI column from 2007 to 2009 and writes regularly other publications such as the Sri Lanka Guardian. He was the Executive Director of the Asian Human Rights Commission (AHRC) and Asian Legal Resource Centre (ALRC) from 1994 to July 2010 and now continues with the same organisation as their Director for Policy and Programs. He designed the redevelopment of the two organisations with the perspective of developing an understanding of human rights enforcement that answers the need of countries in Asia and other 'non-rule of law' contexts. He worked for the development of the Asian Human Rights Charter and Asian
Rule of Law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
Charter. In his work he emphasises the need to develop ideas around Article 2 of the International Covenant on Civil and political Rights (ICCPR). He is a Senior Asoska Fellow and a Sohmen Visitor at the Faculty of Law, of The
University of Hong Kong The University of Hong Kong (HKU) is a public research university in Pokfulam, Hong Kong. It was founded in 1887 as the Hong Kong College of Medicine for Chinese by the London Missionary Society and formally established as the University of ...
. In 2001, he won the Gwangju Prize for Human Rights, which honours "individuals, groups or institutions in Korea and abroad that have contributed in promoting and advancing human rights, democracy and peace through their work." In 2014, he was awarded the Right Livelihood Award, a Swedish international award to "honor and support those offering practical and exemplary answers to the most urgent challenges facing us today."


Books – In English

* Modernization versus Militarization in Sri Lanka * The problems facing the Cambodian legal system * Demoralization and Hope * The Right to Speak Loudly: Essays on Law and Human Rights * An X-ray of the Sri Lankan Policing System & Torture of the Poor * The Phantom limb—Failing Judicial Systems, Torture and Human Rights Work in Sri Lanka * Recovering the authority of public institutions—a resource book on Human Rights in Sri Lanka. * Sri Lanka Impunity, Criminal Justice & Human Rights


Books in Sinhala Language

* Manawa Himikam Pahana * Karyakshamabawaya Pragnagocharabawaya Ha Sri Lankawe Neethi Kramaya * Rate Neethiya Muhunadena Thathkaleena Abiyogaya * Lalith Rajapakshage Wadahinsa Naduwa * Neethiye Adipathyaya Ha Manawa Himikam * Sanwadashilee Samajaya Ha Kula Kramaye Adeenawa * Lankawe Manawa Himikam Gatalu Saha Awata Visadum * Neethiya Vihiluwak Bawata Herennata Ida Hareema * Diribindeema Ha Apekshawa


References


External links


Personal web site of Basil Fernando

Official web site of the Asian Human Rights Commission

Articles written for the Sri Lanka Guardian by Basil Fernando

Ethics in Action

Article 2

Rule Of Law Sri Lanka

Articles written for the UPI Asia

Sri Lanka Human Rights

Cyberspace Graveyard for Disappeared Persons
{{DEFAULTSORT:Fernando, Basil Sinhalese people Sri Lankan academics Sri Lankan poets Sri Lankan human rights activists Sri Lankan journalists Sri Lankan magazine editors Living people Year of birth missing (living people)