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 The University of Ceylon was the only university in Sri Lanka (earlier Ceylon) from 1942 until 1972. It had several constituent campuses at various locations around Sri Lanka. The University of Ceylon Act No. 1 of 1972, replaced it with the Unive ...
in 1972, registered as an Attorney-At-Law of the
Supreme Court of Sri Lanka The Supreme Court of Sri Lanka ( si, ශ්‍රී ලංකා ශ්‍රේෂ්ඨාධිකරණය, Sri Lanka Sreshthadikaranaya; ta, இலங்கை உயர் நீதிமன்றம், Ilankai uyar neetimanram) is th ...
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 United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and protect refugees, forcibly displaced communities, and stateless people, and to assist in their voluntary repatriation, local integrat ...
-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 (; also Kampuchea ; km, កម្ពុជា, UNGEGN: ), officially the Kingdom of Cambodia, is a country located in the southern portion of the Indochinese Peninsula in Southeast Asia, spanning an area of , bordered by Thailand ...
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 body that promotes human rights in Asia and mobilizes Asian and international public opinion to obtain relief and redress for the victims of human rights violations. I ...
and Asian Legal Resource centre, based in Hong Kong since 1994. In 2014, he was awarded the
Right Livelihood Award The Right Livelihood Award is an international award to "honour and support those offering practical and exemplary answers to the most urgent challenges facing us today." The prize was established in 1980 by German-Swedish philanthropist Jakob vo ...
for "his tireless and outstanding work to support and document the implementation of human rights in Asia."


Jurisprudence

In
Cambodia Cambodia (; also Kampuchea ; km, កម្ពុជា, UNGEGN: ), officially the Kingdom of Cambodia, is a country located in the southern portion of the Indochinese Peninsula in Southeast Asia, spanning an area of , bordered by Thailand ...
, 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 (; also Kampuchea ; km, កម្ពុជា, UNGEGN: ), officially the Kingdom of Cambodia, is a country located in the southern portion of the Indochinese Peninsula in Southeast Asia, spanning an area of , bordered by Thailand ...
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 such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts ...
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 avoidance of punishment, loss, or other negative consequences for an action. In the international law of human rights, impunity is failure to bring perpetrators of human rights violations to justice and, as such, itself constitutes a d ...
, criminal justice and human rights, he analysed to collapse of rule of law institutions in
Sri Lanka Sri Lanka (, ; si, ශ්‍රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
. 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 ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of Denmark , establish ...
and B.R.
Ambedkar Bhimrao Ramji Ambedkar (14 April 1891 – 6 December 1956) was an Indian jurist, economist, social reformer and political leader who headed the committee drafting the Constitution of India from the Constituent Assembly debates, served ...
of
India India, officially the Republic of India (Hindi: ), 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 and dependencies by population, second-most populous ...
, 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 by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organi ...
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 rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannic ...
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) (Chinese: 香港大學) is a public research university in Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hon ...
. In 2001, he won the
Gwangju Prize for Human Rights The Gwangju Prize for Human Rights is an award given by the South Korean May 18 Memorial Foundation to recognize "individuals, groups or institutions in Korea and abroad that have contributed in promoting and advancing human rights, democracy and ...
, 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 The Right Livelihood Award is an international award to "honour and support those offering practical and exemplary answers to the most urgent challenges facing us today." The prize was established in 1980 by German-Swedish philanthropist Jakob vo ...
, 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 academics Sri Lankan poets Sri Lankan human rights activists Sri Lankan journalists Sri Lankan editors Living people Year of birth missing (living people)