In what amounts to a scandal concerning the manner in which President Mahinda Rajapaske has made appointments to the Human Rights Commission of Sri Lanka, one of the nominees and well known human rights activist, Mr. S.G.Punchihewa, revealed that he was unaware of being nominated until he saw a news item mentioning his name, following which he immediately informed the President that he declined to accept the position.
Earlier, two former commissioners also declined to accept new appointments. They reportedly did this because the appointments made by the President, without prior selection by the Constitutional Council, were unconstitutional.
Although for months now it has been clearly pointed out to the President that appointments to any of the commissions falling within the 17th Amendment, where the sole authority for selection of commissioners is the Constitutional Council, he has proceeded to make the selections himself and to make unconstitutional appointments.
Heavy local and international pressure has been ignored by the President. However, some persons now being nominated by the President are declining to accept these positions.
The case of Mr. Punchihewa’s nomination raises many questions as to how such selections are being made. The fact that the nominee has not even been consulted on the issue, points to the fact that the list was handed over to the President by some source or another without even properly informing him of the process of selection. This means that the place of Constitutional Council has been taken by some private individuals who arbitrarily make lists and have them published. The President should inquire as to how his signature had been obtained for a nomination without even the nominee’s consent.
The Sri Lankan government in its pledges to the UN Human Rights Council and before UN treaty monitoring bodies has repeatedly spoken about its commitment to promote the Human Rights Commission of Sri Lanka and also to strengthen it. In the past there has been nothing by way of action to back these words. Now, in the manner of dealing with these appointments, the government has demonstrated complete disregard for this institution. Human rights organisations including the Asian Human Rights Commission have constantly pointed out that there is no real commitment by the government to promote this institution and in fact it is being used only to create a false impression about Sri Lanka’s commitment to human rights.
The HRCSL has had a short period from the appointment of Dr. Radhika Coomaraswamy as the Chairperson where some attempt was made to raise the standards of the organisation. Prior to that there was a period in which the former commissioners had shown very little understanding of the mandate of the HRCSL and had done nothing positive to build a credible institution in terms of its mandate. Internal audits into the organisation have shown both financial irregularities as well as extreme defects in terms of staff quality. Last year, while some investigations were underway there was an arson attempt on the HRCSL headquarters. The police inquiries claimed that the arson attempt involved some persons from within the organisation itself. Some drivers were questioned but no action was brought in court. Sources close to the HRCSL revealed that there was an internal attempt to discourage the criminal prosecutions.
This institution depends on external assistance. In recent times many of the donors have been very concerned about the HRCSL. There has, in particular, been pressure from many sources from around the world to have proper appointments made to ensure that persons committed to human rights and capable of dealing with these matters should be appointed as commissioners. Much pressure has also been exerted on the government to ensure that the appointments are made in conformity with the constitution and in conformity with the Constitutional Council.
The Asian Human Rights Commission calls for a thorough inquiry into the manner in which the selections were made to the HRCSL and also calls upon all other nominated members to follow the good example set by Mr. S.G.Punchihewa, who was the only one in the list who had a credible record of involvement in human rights. Meanwhile the Asian Human Rights Commission also reiterates the following request made in an earlier statement (AS-109-2006):
1. All Sri Lankans should reject this commission and indicate its lack of legitimacy.
2. The UN and all other international bodies should denounce these appointments and call for a properly appointed commission consisting of persons who have a proven track record in the protection and promotion of human rights.
3. Funding agencies must not support such a fake commission, which will only contribute to the denial of human rights.
4. The UN Human Rights Council must seriously examine Sri Lanka’s human rights track record and denounce practices destructive to the development of an authentic national institution under the Paris Principles.
