The Asian Human Rights Commission (AHRC) has been following the developments regarding the Human Rights Commission of Sri Lanka (HRC) after its Commissioners’ terms of office ended on April 3, 2006.?We are aware of the interview you gave on this issue, where you pointed out that the government may find it difficult to defend its position before UN treaty bodies and international agencies, as well as the condition of funding agencies to continue their commitments only if the Commissioners are appointed constitutionally. The real issue however, is that Sri Lankan citizens are deprived of the services of a human rights institution that has legal credibility.
The AHRC is aware that moves are underway to circumvent the problems relating to appointments under the 17th Amendment. With regard to the Human Rights Commission, these moves include legal amendments to the HRC Act or the making of appointments through select committees. Any of these moves involve bypassing the constitutional process established to provide credibility for all commissions under the 17th Amendment. While you have repeatedly asked for the enhancement of the HRC’s powers and position, what seems to be occurring however, is a political maneuver to further undermine the Commission.
In the case that the former commissioners are reappointed by legal amendments rather than though the constitutional process, we request that these positions not be accepted, as it will diminish the value of the HRC as well as the authority of the commissioners themselves. You will concur that the strength of a commission lies in its independence, as well as the perception of its independence. Appointments by means other than the constitutional process will not contribute to such independence, real or perceived.
Given your public statements on the issue of human rights and the importance of the HRC of Sri Lanka, we are sure you will continue to assist with the protection and promotion of human rights in the country by desisting from any cooperation with schemes other than the implementation of the 17th Amendment.
The seeming difficulties of the appointment of the Constitutional Council are merely artificial and can easily be resolved by the government. The AHRC requests you and the former commissioners to appeal to all political parties to ensure the speedy implementation of the processes enshrined in the 17th Amendment.
Yours sincerely,
Basil Fernando
Executive Director
Asian Human Rights Commission (AHRC)
