Sri Lanka: Information on whether the Sri Lankan government charges, imprisons, tortures and/or kills civil servants who cease employment without going through the normal procedure for employment termination
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 June 1994 |
| Citation / Document Symbol | LKA17678.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Sri Lanka: Information on whether the Sri Lankan government charges, imprisons, tortures and/or kills civil servants who cease employment without going through the normal procedure for employment termination, 1 June 1994, LKA17678.E, available at: https://www.refworld.org/docid/3ae6ac7b5d.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to a representative of the High Commission of the Democratic Socialist Republic of Sri Lanka in Ottawa, there is no legal punishment for civil servants who have left their positions without going through the normal procedures for employment termination (15 June 1994). However, Sri Lankan authorities will terminate the employment of such civil servants (ibid.). Affected persons will lose their pension plans and will not be eligible to work as civil servants in the future.
The representative holds that the above-mentioned civil servants have the right to appeal their termination to an appeal board. The appeal board will revoke dismissal orders and restore the affected persons to their positions if it feels they have convincing reasons for deserting their positions (ibid.). However, if the appeal board sustains the original dismissals, the affected individuals are permitted to appeal to the Public Service Commission (ibid.). If unsuccessful, they can still take their cases to court, which is the last appeal body.
The secretary of the Tamil Eelam Society of Toronto states that if a civil servant leaves his or her position without going through the normal procedure for employment termination, his or her action is equivalent to the vacating his or her post (15 June 1994). Under normal circumstances and for civil positions that are not classified as important and/or sensitive, there is no legal punishment for such an act as it is not considered to be a criminal offence, although such employees will be dismissed and will lose their pension plans. During the 1980s such individuals had the right to appeal to the Public Service Commission and a court of law, but the source is not certain whether this right still exists.
However, if the deserted positions are classified as important or sensitive, civil servants who left such positions will face "problems," with the type of problems dependent on the sensitivity of the positions. The representative is unaware of the treatment of persons who have deserted military positions.
The representative does not know if and how the emergency regulations in force in Sri Lanka would affect civil servants who have left their positions without going through the normal procedures for employment termination. In particular, the representative does not know whether these regulations offer penalties for such civil servants. However, the source holds that in general, Tamils are especially vulnerable when these regulations are enforced.
According to a professor specializing in Sri Lankan affairs at the University of New Brunswick in Fredericton, there is no legal punishment for civil servants who leave their positions without going through the normal procedures for employment termination (15 June 1994). However, such civil servants, who are considered as having vacated their positions, will be dismissed (ibid.). They will also lose their pension plans (ibid.). However, they have the right to appeal (ibid.). Depending on the specifics of each case and provided the affected individuals have convincing reasons for their desertion, dismissals and loss of pensions may or may not be revoked.
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References.
High Commission of the Democratic Socialist Republic of Sri Lanka, Ottawa. 15 June 1994. Telephone interview with representative.
Professor specializing in Sri Lankan affairs at the University of New Brunswick, Fredericton. 15 June 1994. Telephone interview.
Tamil Eelam Society of Toronto. 15 June 1994. Telephone interview with secretary.