The public information on the situation of the Human Rights Commission of Sri Lanka (HRCSL) became even more confused with the statement made by one of the commissioners, D. Jayawickrama who was quoted in the Sunday Island, July 30, 2006.
Mr. Jayawickrama stated that the reason the Commission had stopped proceedings in the inquiries of disappearances was due to lack of funds, which have now requested from the government treasury. He did not make any comment on the earlier statement of the Commission that the proceedings with the disappearances were stopped so as to avoid the government having to pay compensation to the families of the victims. This position was even criticised by the Minister for Disaster Management and Human Rights, Mr. Mahinda Samarasinghe. Given the gravity of the previous statement Mr. Jayawickrama should have explained as to whether the Commission has rejected that earlier view or not. The issue goes to the very heart of a Human Rights Commission’s credibility.
Sources familiar with the workings of the HRCSL state that seeking money from the Sri Lankan Treasury on this issue is yet another hoax. The new version seems to be a ruse adopted by the Commission to misinform the public as the Treasury has never provided funds for such efforts of the HRCSL. Claims of resource constraints of the State had made it provide funds only for its budget approved recurrent expenditure and permitted the HRCSL to seek donor funding for its other efforts. A study in the recent past of the work of the HRCSL indicated that only 40 per cent of the funds needed by the Commission came from the State while the rest was from donor assistance. In the light of this there is no doubt that the HRCSL has not changed from its original intention of dumping the 2000 odd complaints of disappearances but is only trying to cover up its flawed decision.
Mr. Jayawickrama’s statement also tries to understate the protests of the donor community regarding the unconstitutional nature of the appointments to the Human Rights Commission. The present commissioners, including the one who was appointed to take the place of Mr. S.G. Punchehewa, Attorney-at-Law, who turned down the offer to become a commissioner, have been appointed by the president against the express provisions in the Constitution which states that selections for such posts must be done by the Constitutional Council.
As a further step to have government control over the HRCSL it has recently created a post of additional secretary and appointed an ex chairman of a state corporation that functioned under the president when he was a minister to that post. This has been done in contravention to the Human Rights Commission Act which created the statutory post of secretary to the Commission.
The situation of the HRCSL now is very disturbing. It is unable even to give a clear explanation of its functions and funds to the public. Whatever limited possibilities that existed earlier for the protection of human rights through the HRCSL have ceased to exist. If there is any spirit of commitment to human rights what the commissioners can do is to resign from their unconstitutional assignments and thereby pave the way for the public to intervene to bring pressure for the creation of a properly functioning Human Rights Commission. When that happens funds may not be a major problem. However, at present any donor will ask the question as to why money should be wasted on a farce such as the present Commission.
