Democracy

SRI LANKA: Speaker’s ruling has no bearing upon the substantive issues in the impeachment

The Speaker’s ruling relating to the Supreme Court’s notice to the Speaker and the members of the Parliamentary Select Committee does not in any way prohibits the constitutional right of the Court to entertain and to determine the Reference made by the Court of Appeal for a specific question relating to the scope of Article […]

INDIA: Is it not time to question the role of police in crowd control?

Statement | India | 30-11-2012

The Surendranagar firing that killed three Dalit youth on 21 September this year has once again brought to light the concern, that in India, the police do not have adequate training nor the government has necessary resolve to overhaul the police service into one that fits a modern democracy. An affidavit filed by the Gujarat […]

SRI LANKA: Contrasting the political climate in Burma and Sri Lanka

From 1962 there are literally thousands of people who have served sentences in Burmese prisons as political prisoners. The people resisted the military throughout this long period of about 60 years despite the ruthlessness with which the military dealt with every form of resistance. However there was continuous resistance and from one generation to the […]

INDIA: State legitimise a hate propagandist

Bal Thackerey is no more. His funeral attracted lakhs of people. Mumbai remained shut for so many days. It is time to sit and ponder over what really is the legacy of Sena. The champion of Hindu Nationalism enjoyed every damn thing, which we claim as ‘western’ influence while spiting venom at ‘outsiders’. Mumbai’s biggest […]

SRI LANKA: The Supreme Court should resign before the executive destroys the judiciary as a separate branch of governance through the persecution of the Chief Justice

The political attack on the Chief Justice, which is in retaliation to some independent judgements given by the Supreme Court, is quite clearly an attempt to stop the Supreme Court judges doing what they are mandated to do. It is not just an attack on one person; it is an attack on the entire Supreme […]

SRI LANKA: It’s Not Mahinda vs. Shirani; It’s the Rajapaksas vs. the Rest

No questioning arises from subservient lips”. Andrée Chedid (For Rushdie) Ideally Chief Justice Shirani Bandaranaike would have prevented her husband from accepting Rajapaksa largesse; ideally. Ideally, the Supreme Court would have resisted the 18th Amendment; ideally. Ideally the term-limit provision would be in place and a post-Rajapaksa future just five years away; ideally. But as […]

SRI LANKA: A judge is in a worse position than an accused murderer or rapist

Even the worst of criminals have a right to a fair trial before an independent judiciary. A judge in an impeachment proceeding in Sri Lanka does not have that right. Article 107 of the Constitution and the standing orders as they stand now preclude that right. Is the quality of citizenship of a judge of […]

SRI LANKA: Commonwealth Secretary-General concerned about parliamentary move to impeach Sri Lankan chief justice

Commonwealth Secretary-General Kamalesh Sharma today expressed concern about the recent move by the Parliament of Sri Lanka to impeach the country’s Chief Justice, Dr Shirani Bandaranayake. Speaking in London, the Secretary-General said: “The Commonwealth’s principal consideration is that the provisions of Sri Lanka’s constitution are upheld with regards to the removal of judges, respecting the […]

CAMBODIA: President Obama’s visit and the serious problems about democracy and rule of law

The visit of President Obama to Cambodia between November 17-20 should be an occasion to ask some vital and serious questions regarding the commitment of the United States, the European Union, the United Nations and the international community on the issues of democracy, the rule of law and human rights. To be very blunt the […]

SRI LANKA: Now there is no justice

When I talked to a Sri Lankan friend about the killings of prisoners which happened yesterday and tried to convince him that people should demand justice, his instance reply was, “ Dhang justice naah” (now there is no justice) . In the past, this expression meant that there were serious concerns about justice. However, now it […]

SRI LANKA: Shameful stifling of freedom of expression

Dear friends, We wish to share with you the following article from the Sunday Times, Colombo, Sri Lanka, written by Kishali Pinto Jayawardena Asian Human Rights Commission Hong Kong ————- FOR IMMEDIATE RELEASE AHRC-FAT-039-2012 November 11, 2012 An article from the Sunday Times, forwarded by the Asian Human Rights Commission SRI LANKA: Shameful stifling of freedom […]

SRI LANKA: Make the Impeachment Boomerang on the Rajapaksas

Dear friends, We wish to share with you the following article written by Tisaranee Gunasekara who is a Sri Lankan columnist based in Colombo Asian Human Rights Commission Hong Kong ————- An article written by Tisaranee Gunasekara, forwarded by the Asian Human Rights Commission SRI LANKA: Make the Impeachment Boomerang on the Rajapaksas Tisaranee Gunasekara […]

PAKISTAN: November 10 – Day of action for Malala and girls’ right to education

Mr. Gordon Brown, UN Special Envoy for Global Education, has declared November 10, a global day of action in support of Malala and girls’ right to education. Malala Yousafzai, an ardent campaigner for the right of education for girls, was shot by Taliban while on her way home from school in Swat valley, in northern […]

SRI LANKA: Special Task Force kills 11 prisoners and injures many others

Yesterday (9th of October), at least 11 prisoners were gunned down and around 35 were injured by the STF. The shooting was carried out when the STF entered the Welikada prison for some inspections. (Photo Courtesy: Sunday Times, Sri Lanka) According to an eye witness, interviewed by the BBC Sinhala service, when some prisoners who […]

SRI LANKA: BASL has failed to act positively

The series of events which are naked attacks on the rule of law and the independence of the judiciary in the recent past are well recorded.  These events culminated in the unprecedented action of the JSC chaired by the Chief Justice and constituted of two other Supreme Court Judges releasing a statement to the public […]

SRI LANKA: Like the Titanic Sri Lanka democracy sunk

A comparison with the Titanic is most appropriate. Titanic at the time was thought of as a wonder ship that could never sink. It was not expected ever to perish. Sri Lanka also was considered a wonder. It was expected to be an example to other countries. It was expected to prove that democratization of […]

SRI LANKA: Hell Hath No Fury….

Dear friends, We wish to share with you the following article written by Tisaranee Gunasekara who is a Sri Lankan columnist based in Colombo Asian Human Rights Commission Hong Kong ————- An article written by Tisaranee Gunasekara, forwarded by the Asian Human Rights Commission SRI LANKA: Hell Hath No Fury…. Tisaranee Gunasekara “Tyrant, why swell’st thou thus, of […]

SRI LANKA: The final nail in the coffin of the judiciary

Dear friends, We wish to share with you the following article from the Sunday Times, Colombo, Sri Lanka, written by Kishali Pinto Jayawardena Asian Human Rights Commission Hong Kong ————- An article from the Sunday Times, forwarded by the Asian Human Rights Commission SRI LANKA: The final nail in the coffin of the judiciary For those of us […]

SRI LANKA: The banality of the impeachment

Under the present circumstances and under the 1978 constitution, when the president does not want the Chief Justice, the president just tells them to get out and go home. The way he does it is called impeachment proceedings. Once the president decides to file such proceedings – he has a two thirds majority in parliament […]

SRI LANKA: Impeachment of CJ – An Unconstitutional Witch-hunt

The Rajapaksha Regime, through its parliamentarians, handed over an impeachment motion to the Speaker, the elder brother of the President Rajapaksha against the first woman Chief Justice of the country. It appears that the Government of Sri Lanka is in a mighty hurry to “get rid of the Chief Justice” so that a major obstacle […]