Dr. Dinesha Samararatne

DSamararatneSenior Lecturer
Department of Public and International Law
Faculty of Law,
University of Colombo,Colombo 03,
Sri Lanka.

Phone:     +94112158698, +94 77 3015252
Email:       dinesha@law.cmb.ac.lk
dinesha.samararatne@gmail.com
dsamararatne@post.harvard.edu

Educational Qualifications

LLB (Hons) (Colombo)
LLM (Harvard)
PhD(Colombo)

Professional qualifications

Attorney-at-Law of the Supreme Court of Sri Lanka

Teaching areas

♦   Human Rights law
♦   Administrative law
♦   Constitutional law
♦   Legal Method
♦   International Humanitarian law

Teaching Experience

Faculty of Law, University of Colombo
♦     Undergraduate Teaching (LLB) Administrative law, Constitutional law, Land law, International Humanitarian law, Legal Method, Human Rights law, Public International law
♦     Postgraduate Teaching (LLM) Constitutional law, Administrative law, Human Rights law, International Humanitarian law
♦     Human Rights: Global and Local, Co-teaching Programme offered by Faculty of Law, University of Colombo jointly with Gallatin School of New York University, USA (March 2015).  Co-convenor together with Dr Vasuki Nesiah

Post Graduate Institute of Medicine, University of Colombo (2015)
♦    Legislative framework on the right to health in Sri Lanka

Faculty of Graduate Studies, University of Colombo
♦     Postgraduate Diploma in Human Rights (2009-2013)
♦     Master of Human Rights (2014 – 2015)

Faculty of Medicine, University of Sri Jayawardenapura (2011 – 2015)
♦    Introduction to Human Rights

Centre for the Study of Human Rights, University of Colombo
♦     M.A. in Democratisation and Human Rights (conducted in collaboration withUniversity of Sydney, Australia)
♦     Training Programmes for Members of Armed Forces and Public Servants on Human Rights law and International Humanitarian law

Training Experience

♦     Sri Lanka Police Academy
Training session on ‘Gender Based Violence and Development’ in a training programme on Investigative Interviewing for Police Officers & Police Trainers: Sri Lanka conducted by the Griffith University, Australia (29 April 2016)
♦     Legal Aid Commission, Sri Lanka
Training session on human rights for lawyers of the Legal Aid Commission (24 – 29 June 2013)
♦     Institute for Human Rights, Colombo, Sri Lanka
Diploma in Human Rights 2007/2008
♦     Centre on Housing Rights and Eviction, Colombo, Sri Lanka
Training in housing rights and women’s rights to property for government officials and women (2010 – 2011)

Research interests

Human Rights law including women’s rights, rights of persons with disability, economic, social
and cultural rights: transitional justice: sovereignty of the people; judicial interpretation of
fundamental rights; Sri Lankan administrative law; public interest litigation

Fellowships and Other Appointments

♦    Member of Sub-Committee of the Senate of the University of Colombo for revising the University Policy against Sexual Harassment (May – July 2016)
♦   Reviewer for: Asian Journal of Comparative Law (2016) Australian Journal of Asian Law (2016)
♦   Australia Awards Fellowship awarded  by the Government of Australia (April – May 2015)
♦    Member, Editorial Committee of the Bar Association Law Journal Sri Lanka (September 2015 to date)
♦   Grant from the Higher Education for the Twenty-first Century (HETC) project of the World Bank (Sri Lanka)for the M.Phil/Ph.D (2011 – 2014).
♦   Member, Ethics Review Committee, Post-Graduate Institute of Medicine, University of Colombo (2013- to date)
♦   Editor, Sri Lanka State of Human Rights published annually by the Law & Society Trust, Colombo, Sri Lanka (2013 – to date)
♦   Member, Editorial Board, Disability and the Global South hosted and published by the Critical Institute
♦   Fulbright Junior Scholar 2008-09
♦   Visiting Fellow, Gilbert and Tobin Centre for Public Law, Faculty of Law of the University of New South Wales, Sydney, Australia. (April-May 2012)
♦   Visiting Researcher, Institute for Human Rights, Abo Akademi, Turku, Finland (August – September 2010)
♦   Verite Research Associate, Colombo, Sri Lanka (2009 – 2012)

Administrative Responsibilities

♦    Member, Management Committee of the Centre for Excellence in Disability Research Education and Practice, University of Colombo (December 2015 to date)
♦    Senior Advisor, Legal Aid Unit, Faculty of Law (2016)
♦   Departmental Co-ordinator of Examinations, Department of Public &International Law (2015 to date)
♦   Departmental Convenor for Annual Research Symposium, Faculty of Law, University of Colombo (2015)
♦   Senior Treasurer, University of Colombo Christian Fellowship (2016)
♦   Senior Treasurer, Rotaract Club of the Faculty of Law, University of Colombo (2014 to date)

Editorial work

♦  Editorial, Sri Lanka: State of Human Rights 2013 (Law & Society Trust, 2014)
♦  Editorial, Sri Lanka: State of Human Rights 2011-12 (Law & Society Trust, 2014)
♦  Editorial, State of Human Rights 2011-2012 published by the Law & Society Trust, Colombo, Sri Lanka

Publications

♦   Lead author with Chamaka Ambagahawita ‘The Story of a Picture: Law Reform for Mandatory Graphic Warnings in Packaging of Tobacco Products in Sri Lanka’ 1(1) 2016 Colombo Law Journal 19
♦  ‘The Constitutional Council And The Independent Commissions: The New Framework For Depoliticising Governance’ in Asanga Welika (ed) Nineteenth Amendment to the Sri Lankan Constitution (CPA, April 2016)
♦  ‘Judicial Interpretation of Human Rights’ in Sri Lanka: State of Human Rights 2014 (Law & Society Trust, 2015)
♦   ‘Government under Soulbury Constitution’ Session 2 in Politics of Sri Lanka: Institutions and Processes, Modules for Politics and International Studies, BA in Political Studies, Open University of Sri Lanka (2015)
♦   ‘Changing Constitutional Foundations: 1972 and After’ Session 3 in Politics of Sri Lanka: Institutions and Processes Modules for Politics and International Studies, BA in Political Studies, Open University of Sri Lanka (2015)
♦   Authored the Sri Lanka entry for the Brills Encyclopaedia of Law and Religion  (Brills 2015)
♦   Lead author with Dr Karen Soldatic ‘Inclusions and exclusions in law: experiences of women with disability in rural and war-affected areas in Sri Lanka’ 30(5) Disability & Society (2015) 759
♦   Co-authored with Prof Savitri Goonesekere, ‘Human Rights of Women’ in Review of the Implementation of Beijing Platform for Action – Sri Lanka 1995 – 2014 (CENWOR 2015) 161
♦   Co-authored with Prof Savitri Goonesekere, ‘Violence against Women’ in Review of the Implementation of Beijing Platform for Action – Sri Lanka 1995 – 2014 (CENWOR 2015) 203
♦   ‘Judicial Interpretation of Human Rights’ in Sri Lanka: State of Human Rights 2013 (Law & Society Trust, 2014)
♦   Lead author with Karen Soldatic, Rural disabled women’s social inclusion in post-armed conflict Sri Lanka (UNSW, Australia and Social Scientists’ Association Sri Lanka, 2014)
♦   Rapporteur for Sri Lanka (with two other rapporteurs) for the Asian Yearbook of International Law 2011
♦   A Provisional Evaluation of the Contribution of the Supreme Court to Political Reconciliation in Post-war Sri Lanka (May 2009 – August 2012) Research Paper No 5, International Centre for Ethnic Studies 2013
♦   Public Trust Doctrine: The Sri Lankan Version, Dialogues on  Democracy, International Centre for Ethnic Studies (ICES), Sri Lanka (2011)
♦   Co-authored with Madhushika Jayachandra, ‘SL Judicial Response to Right to Liberty 2000-2007’, LST Review, Law & Society Trust, Sri Lanka, (2011)
♦   ‘Economic and Social Rights in an Activist Sri Lankan Supreme Court’, LST  Review, Law & Society Trust, December (2008)
♦   ‘Contemporary Challenges To The Law Of Non-International Armed Conflict Lessons From Sri Lanka’, Indian Society of International Law, Yearbook of International Humanitarian and Refugee Law (2007)
♦   Co-author with three other authors, ‘Perceiving Perception – a study on the perceptions of undergraduates in law on the relevance of gender on the roles in legal education and within the legal profession’, Centre for Women’s Research, Sri Lanka, 11th National Convention on Women’s Studies (2008)
♦   Revisiting the Concept of the Head of the Household, Briefing Paper, Centre on Housing Rights and Eviction, Sri Lanka (2007)
♦   Co-author with two other authors, Bribery and Corruption in Sri Lanka: Strengthening the Institutional Framework, White Paper, USAID (2007)
♦   Co-authored with Shahina Zahir, Manual on Women’s Political and Economic Rights, National Peace Council of Sri Lanka (2006)
♦   ‘Of Means and Ends –Iraq a Case Study’, Sri Lanka Journal of International Law, vol. 17 (2005) 253
♦   ‘Right to Health’ in Sri Lanka, in Sri Lanka: State of Human Rights, Law & Society  Trust, Colombo (2005)

Recent Consultancy Work

♦    Consultant, FOKUS (Sri Lanka), (July 2015 – August 2016) to develop an analysis of the human rights of Female Heads of Household affected by the armed-conflict in Sri Lanka.
♦    Consultant, CHANGE Puttalam Sri Lanka (November 2014 – June 2016). Field based research on challenges faced by protracted displacement of Muslims in Puttalam, Sri Lanka.
♦    Consultant, Norwegian Refugee Council (NRC), Sri Lanka (2012-2013). Involved in field based research and analysis of issues related to the registration of births and deaths and housing and livelihood of persons primarily in areas affected by the internal conflict.
♦    Consultant, Centre on Housing Rights and Eviction (COHRE), Sri Lanka (2010 – 2011). Conducted workshops with government officials and with women in different districts to create awareness on the impact of the use of the concept of the head of the household in administrative practice and the need for joint ownership of land grants made by the state.
♦    Consultant, Centre on Housing Rights and Eviction (COHRE), Sri Lanka (2007- 08, 2010- 2011). Developed the first briefing paper in Sri Lanka on the discriminatory impact of the use of the head of the household concept in administrative practice.
♦    Consultant, National Peace Council, Sri Lanka, (2005) Co-author of a manual on women’s political and economic rights
♦    Consultant, Law & Society Trust, Sri Lanka, (2005) Conducted a research on compensation granted for victims of rape in Sri Lanka Drafted the chapter on health rights for the annual publication, Sri Lanka: State of Human Rights, 2005

Other Research Experience

♦      Researcher, Social Scientists’ Association, Sri Lanka (Co-researcher with Dr Karen Soldatic, Faculty of Arts, University of New South Wales, Australia). Research project on the rights of rural women with disabilities in Sri Lanka.
♦      Partner (Sri Lanka), Global Health Rights Project (2011). Identification and summarising of case law related to public health in Sri Lanka. The case law was included in a universal database on the right to health in a project carried out bythe Special Rapporteur on the Right to Health of the United Nations.
♦      Researcher, Civil and Political Rights Programme, under the supervision of Ms. Kishali Pinto Jayawardena, Law & Society Trust, Sri Lanka (2009/10).  Researched on over 800 habeas corpus applications in Sri Lanka and contributed to the publication of a study on the same.
♦      Researcher, Ministerial Expenses Monitoring Project for Transparency International, Sri Lanka Chapter (2008)

Chapters and web documents

♦   Co-authored with Prof Savitri Goonesekere, ‘Human Rights of Women’ in Review of the
Implementation of Beijing Platform for Action  – Sri Lanka 1995 – 2014 (CENWOR 2015) 161
♦   Co-authored with Prof Savitri Goonesekere, ‘Violence against Women’ in Review of the
Implementation of Beijing Platform for Action  – Sri Lanka 1995 – 2014 (CENWOR 2015) 203

Refereed Journal articles

♦  Lead author with Dr Karen Soldatic ‘Inclusions and exclusions in law: experiences of women with disability in rural and war-affected areas in Sri Lanka’ 30(5) Disability & Society (2015) 759
♦  Rapporteur for Sri Lanka (with two other rapporteurs) for the Asian Yearbook of International Law 2011
♦   Co-authored with Madhushika Jayachandra, SL Judicial Response to Right to Liberty 2000-2007, LST Review, Law & Society Trust, Sri Lanka, (2011)
♦   Economic and Social Rights in an Activist Sri Lankan Supreme Court, LST Review, Law & Society Trust, December (2008)
♦   Contemporary Challenges To The Law Of Non-International Armed Conflict – Lessons From Sri Lanka, Indian Society of International Law, Yearbook of International Humanitarian and Refugee Law (2007)
♦   Of Means and Ends –Iraq a Case Study, Sri Lanka Journal of International Law, vol. 17 (2005), p.253
♦   Right to Health in Sri Lanka, in Sri Lanka: State of Human Rights, Law & Society Trust, Colombo (2005)

Conference papers


♦   Sovereignty of the People as the Frame for the Pursuit of Justice’ in the ‘Justice Project’ Seminar Series organized by the International Centre for Ethnic Studies  in partnership with AAKAR India (5- 6 June 2015)
♦   ‘Experiences of women with disability in rural and war-affected Sri Lanka’ Social Policy Research Centre, Faculty of Arts, University of New South Wales, Australia (21 April 2015)
♦   ‘Inclusions and Exclusions in Law: Experiences of Women with Disability in Rural and War-Affected Areas in Sri Lanka’ at the Symposium on Exploring Disability: Towards an Inclusive Society, Centre for Disability Research, Education and Practice (CDREP), Dept of Sociology, Faculty of Arts, University of Colombo, Sri Lanka (3 December 2014)
♦   ‘Violence against Women’ Thematic Review of Beijing Platform of Action, Fourteenth National Convention on Women’s Studies (2-4 December 2014)
♦   ‘Human Rights of Women’ Thematic Review of Beijing Platform of Action, Fourteenth National Convention on Women’s Studies (2-4 December 2014)
♦   An Examination of the Concept of the Sovereignty of the People under the Second Republican Constitution of Sri Lanka presentation at the Symposium “National Development through Research and Innovation” organised by HETC (Higher Education for the Twenty-first Century), July 2014
♦   “The Sovereignty of the People – in Contemporary Sri Lankan Constitutional Discourse” paper presented at the Young Scholars Workshop “New Issues and New Scholarship” December 2013. Organised by the Centre for Asian Legal Studies of the National University of Singapore.
♦   “Sri Lankan Public Law as Political Jurisprudence Through The Prism Of ‘Sovereignty Of The People”, Ethical Futures conference organized by the International Centre for Ethnic Studies, Colombo, May 2013
♦   “Critical Reflections on the Possibilities For People with Disability Within a Sri Lankan Legal Framework”, Annual Research Symposium, University of Colombo 2012 (held March 2013).
♦   “Dignity for Persons with Disability in Sri Lanka through Constitutional Guarantees”, National Law Conference organised by the Sri Lanka Bar Association, March 2013.
♦   “A Review of The Role of The Judiciary In Post-War Sri Lanka” at the workshop titled Post-War Futures organised by the International Centre for Ethnic Studies, ICES, Kandy, 21st February, 2013.
♦    “Post-War Sri Lanka – ‘Rule By Law’ Or ‘Rule Of Law’?”, presentation made at the 3rd Annual Conference of the Law and Social Sciences Research Network held at the Department of Law, Faculty of Arts of the University of Peradeniya, Sri Lanka, December 2012.
♦   “A Critical Assessment of Public Interest Litigation in Sri Lanka”, presentation made at the Annual Research Symposium of the Faculty of Law, University of Colombo, 2010.
♦   “A Critique of the Development of the Public Trust Doctrine in Sri Lanka in Light of its Recent Revival” presented at the Junior Bar National Conference of the Bar Association of Sri Lanka. (2009)
♦   “Between Globalization of Thought and Brain Drain: Challenges of an Effective Educational Exchange Program”, co-presented with Ms. Saadia Ahmad-Bhatty, in Nations in Crisis: The View from Home and the Fulbright Program & U.S. Diplomacy, The Massachusetts Chapter of the Fulbright Association and the International Student and Scholar Institute of NorthEastern University, Boston, MA, USA (April, 2009)
♦   “What’s sauce for the goose is not sauce for the gander: Comparing Singarasa and Medellin” presented at the Toronto Graduate Students Conference in International, Transnational and Comparative Law, Faculty of Law, Toronto University, Canada. (January, 2008)
♦   “Using Guided Reflective Practice to Develop the Skill of Independent Decision Making in First Year Undergraduates in Law” presented at the annual conference of the Sri Lanka Association for Improving Higher Education Effectiveness, under the theme, Using Teaching to Expand the Range of Skills Development in Students and Staff held at the University of Colombo, Colombo, Sri Lanka, (March, 2008)
♦   “Lessons Learnt- using Small Group Discussions as a Strategy for Active Learning” presented at the annual conference of the Sri Lanka Association for Improving Higher Education Effectiveness, under the theme, Developing Skills in University Lecturers and Students, held at the University of Colombo, Colombo, Sri Lanka, (April, 2008)
♦   Co-author (with 3 others), Perceiving Perception – a study on the perceptions of undergraduates in law on the relevance of gender on the roles in legal education and within the legal profession, Centre for Women’s Research, Sri Lanka, 11th National Convention on Women’s Studies (2008)
♦   Co-author (with 3 others), Perceiving Perception – a study on the perceptions of undergraduates in law on the relevance of gender on the roles in legal education and within the legal profession, Centre for Women’s Research, Sri Lanka, 11th National Convention on Women’s Studies (2008)

Other publications

♦   ‘Judicial Interpretation of Human Rights’in Sri Lanka: State of Human Rights 2014 (Law & Society Trust, 2014)
Authored the Sri Lanka entry for the Brills Encyclopaedia of Law and Religion (Brills 2015)
♦   Government under Soulbury Constitution’ Session 2 in Politics of Sri Lanka: Institutions and Processes, Modules for Politics and International Studies, BA in Political Studies, Open University of Sri Lanka
♦   ‘Changing Constitutional Foundations: 1972 and After’ Session 3 in Politics of Sri Lanka: Institutions and ♦ ProcessesModules for Politics and International Studies, BA in Political Studies, Open University of Sri Lanka
♦   Lead author with Karen Soldatic, Rural disabled women’s social inclusion in post-armed conflict Sri Lanka (UNSW, Australia and Social Scientists’ Association Sri Lanka, 2014)
♦   A Provisional Evaluation of the Contribution of the Supreme Court to Political Reconciliation in Post-war Sri Lanka (May 2009 – August 2012) Research Paper No 5, International Centre for Ethnic Studies 2013.
♦   Re-visiting the Concept of the Head of the Household, Briefing Paper, Centre on Housing Rights and Eviction, Sri Lanka (2007)
♦   Co-author, Bribery and Corruption in Sri Lanka: Strengthening the Institutional Framework, White Paper, USAID (2007)