1.        (1) There shall be established a Commission which shall be called and known as the Human Rights Commission of Sri Lanka (hereinafter in this Act referred to as “the Commission?.

(2) The Commission shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name.

(3) The seal of the Commission shall be in the custody of the Secretary of the Commission and may be altered in such manner as may be determined by the Commission.

2.        (1) The Commission shall consist of five members, chosen from among persons having knowledge of, or practical experience in, matters relating to human rights.

(2) The members of the Commission shall be appointed by the President, on the recommendation of the Constitutional Council:

Provided however, that during the period commencing on the appointed date and ending on the date when the Constitutional Council is established, members of the Commission shall be appointed by the President on the recommendation of the Prime Minister in consultation with the Speaker and the Leader of the Opposition.

(3) In making recommendations, under subsection (2), the Constitutional Council and the Prime Minister shall have regard to the necessity of the minorities being represented of the Commission.

(4) One of the members so appointed shall be nominated by the President to the Chairman of the Commission.

(5) Every member of the Commission shall hold office for a period of three years.

(6) The office of a member shall become vacant ?lt;span style="mso-tab-count:1">                                                

(a)     upon the death of such member;

(b)     upon such member resigning such office by writing addressed to the President;

(c)     upon such member being removed from office on any ground specified in section 4; or

(d)     on the expiration of his term of office.

3.        (1) A member of the Commission may be removed from office ?lt;o:p>

(a)     by the President, if he ?lt;o:p>

(i) is adjudged an insolvent by a court of competent jurisdiction;

(ii)     engages in any paid employment outside the duties of his office, which in the opinion of the President, formed on the recommendation of the Prime Minister in consultation with the Speaker and the Leader of the Opposition, conflicts with his duties as a member of the Commission;

(iii)   is unfit to continue in office by reason of infirmity of mind or body;

(iv)   is declared to be of unsound mind by a court of competent jurisdiction;

(v)    is convicted of an offence involving moral turpitude; or

(vi)   absents himself from three consecutive meetings without obtaining leave of the Commission; or

(b)     by an order of the President made after an address of Parliament, supported by a majority of the total number of members of Parliament (including those not present) has been presented to the President for such removal on the ground of proved misbehavior or incapacity:

Provided however that no resolution for the representation of such an address shall be entertained by the Speaker or placed on the Order Paper of Parliament, unless notice of such resolution is signed by not less than one-third of the total number of members of Parliament and sets out full particulars of the alleged misbehavior or incapacity.

(2) The procedure for the presentation and passing on an address of Parliament for the removal of a Judge of the Supreme Court or the Court of Appeal, shall apply in all respects to the presentation and passing of an address or Parliament for the removal of a member of the Commission.

4.        Any member who vacates his office, otherwise than by removal under section 4, shall be eligible for re-appointment.

5.        (1) The chairman may resign from the office of Chairman by letter addressed to the President.

(2) Subject to the provision of subsection (1), the term of office of the Chairman shall be his period of membership of the Commission. 

(3) If the Chairman of the Commission becomes, by reason of illness or infirmity, or absence from Sri Lanka, temporarily unable to perform the duties of his office, the President may appoint any other member of the Commission to act in his place.

6.        No act or proceeding of the Commission shall be deemed to be invalid by reason only of the existence of any vacancy among its members, or defect in the appointment of any member thereof.

7.        The salaries of the members of the Commission shall be determined by Parliament and shall be charged on the Consolidated Fund and shall not be diminished during their terms of office.

8.        (1) The Chairman of the Commission shall be the Chief Executive officer and shall preside at all meetings of the Commission.  In the event of his absence from any meeting, the members of the Commission present at such meeting shall elect one from amongst themselves to preside at such meeting.

(2) The Chairman of any meeting of the Commissioner shall, in addition to his own vote, have a casting vote.

(3) Subject to the other provisions of this Act, the Commission may regulate the procedure in regard to the conduct of meetings of the Commission, and the transaction of business at such meetings.

9.        The functions of the Commission shall be ?lt;o:p>

(a)      to inquire into, and investigate, complaints regarding procedures, with a view to ensuring compliance with the provisions of the Constitution relating to fundamental rights and to promoting respect for and observance of, fundamental rights;

(b)     to inquire into and investigate complaints regarding infringements or imminent infringements of fundamental rights, and to provide for resolution thereof by conciliation and mediation in accordance with the provisions hereinafter provided;

(c)      to advise and assist the government in formulating legislation and administrative directives and procedures, in furtherance of, the promotion and protection of fundamental rights;

(d)     to make recommendations to the Government regarding measures which should be taken to ensure that national laws and administrative practices are in accordance with international human rights norms and standards;

(e)      to make recommendations to the Government on the need to subscribe or accede to treaties and other international instruments in the field of human rights; and

(f)       to promote awareness of, and provide education in relation to, human rights.

10.     For the purpose of discharging its functions the Commission may exercise any or all of the following powers: -

(a)     investigate any infringement or imminent infringement of fundamental rights in accordance with the succeeding provisions of this Act;

(b)     appoint such number of sub-committees at Provincial level, as it considers necessary to exercise such powers of the Commission as may be delegated to them, by the Commission, under this Act;

(c)     intervene in any proceedings relating to the infringement or imminent infringement of the fundamental rights, pending before any court, with the permission of such court;

(d)     monitor the welfare of persons detained either by a judicial order or otherwise, by regular inspection of their places of detention, and to make such recommendation as may be necessary for improving their conditions of detention;

(e)     take such steps as it may be directed to take by the Supreme Court, in respect of any matter referred to it by the Supreme Court;

(f)      undertake research into, and promote awareness of human rights, by conducting programmes, seminars and workshops and to disseminate and distribute the results of such research;

(g)     award in its absolute discretion to an aggrieved person or a person acting on behalf of an aggrieved person, such sum of money as is sufficient to meet the expenses that may have been reasonably incurred by him in making a complaint to the Commission under section 14.

(h)     do all such other things as are necessary or conducive to the discharge of its functions.

11. for the purpose of discharging its functions the Commission may exercise any or all of the following powers:-

(a) investigate any infringement or imminent infringement of fundamental rights in accordance with the succeeding provisions of this Act;

(b) appoint such number of sub-committees at Provincial level, as it considers necessary to exercise such powers of the Commission as may be delegated to them, by the Commission, under this Act;

(c) intervene in any proceedings relating to the infringement or imminent infringement of fundamental rights, pending before an court, with the permission of such court;

(d) monitor the welfare of persons detained either by a judicial order or otherwise, by regular inspection of their places of detention, and to make such recommendations as may be necessary for improving their conditions of detention;

(e) take such steps as it may be directed to take by the Supreme Court in respect of any matter referred to it by the Supreme Court;

(f) undertake research into, and promote awareness of, human rights, by conducting programmes, seminars and workshops and to disseminate and distribute the results of such research;

(g) award in its absolute discretion to an aggrieved person or an person acting on behalf of an aggrieved person, such sum money as is sufficient to meet the expenses that may have been reasonably incurred by him in making a complaint to the Commission under section 14;

(h) do all such other things as are necessary or conducive to the discharge of its functions.