SRI LANKA: Political undermining of the Human Rights Commission; absence of leadership within the Human Rights Commission; government control; failure to implement the 17th Amendment
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Dear friends,
The Asian Human Rights Commission (AHRC) writes to reaffirm its deep concern regarding the future of the Human Rights Commission of Sri Lanka (HRC). When the HRC was established in the early 1990s its purpose was to create an independent body to monitor the state agencies in their performance of human rights, to investigate violations of rights by using its own mechanisms, to recommend corrective action for individual rights violations, and to make recommendations for the improvement of human rights within the country. Though this may not have always been achieved, the existence of the HRC has brought some semblance of accountability into the system.
However, with the terms of office of the Commission members expiring on April 3, there will be no legally empowered body to perform the tasks mentioned above, and there will be no independent body to monitor government agencies in any form. This is a particularly disturbing development for human rights in Sri Lanka and jeopardises the large number of cases before the HRC which are pending in lieu of inquiries. These cases relate to torture, disappearances, extrajudicial killings, undocumented migrant workers and other human rights violations. Without commissioners in place to oversee the operations of the HRC, and with the absence of leadership that this will cause, the effectiveness and legal credibility of the HRC will undoubtedly be brought into question.
Like the other commissions created under the 17th Amendment to the Constitution, the HRC will be without commissioners because the Constitutional Council, which has the power to appoint commission members, is defunct due to a failure to appoint Constitutional Council members (to see further information on the 17th Amendment please refer to AS-059-2006 and AS-024-2005). Like the National Police Commission, Public Service Commission, Judicial Service Commission and the Election Commission, the HRC will be without independent leadership and will come under the authority of the government. Such an approach by the government towards the HRC, as well as the other commissions that are now without commissioners, appears to be a deliberate attempt to further undermine the Commission and to take direct control.
Should this be the path the government takes, whereby former commissioners are reappointed by legal amendments rather that through the constitutional process, the AHRC would request that these positions not be accepted, as this would simply diminish the value of the HRC as well as the authority of the commissioners themselves.
The seeming difficulties of the appointment of the Constitutional Council are merely artificial and can easily be resolved by the government. The AHRC requests the former chairperson of the HRC, Dr. Radhika Coomaraswamy and her fellow commissioners, to appeal to all political parties to ensure the speedy implementation of the process enshrined in the 17th Amendment.
SUGGESTED ACTION:
Please write to Dr. Radhika Coomaraswamy voicing your concern at the governments attempt to continue the Human Rights Commission of Sri Lanka by means other than compliance with the 17th Amendment.
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SAMPLE LETTER
Dr. Radhika Coomaraswamy
C/o Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Dear Dr. Coomaraswamy,
SRI LANKA: The Sri Lankan Human Rights Commission and the importance of independence
I write to you to voice my concern at the governments attempt to continue the Human Rights Commission of Sri Lanka (HRC) by means other than compliance with the 17th Amendment. I am aware that your term of office, together with the terms of your former commissioners, expired on 3 April 2006. I am also aware that moves are underway to circumvent the problems relating to appointments under the 17th Amendment. 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. Such an approach by the government towards the HRC appears to be a deliberate attempt to further undermine the Commission and to take direct control of its operation.
In the case that the former commissioners are reappointed by legal amendments rather than through the constitutional process, I 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.
If the future of the HRC is to be ensured and the protection and promotion of human rights in Sri Lanka is to be guaranteed, cooperation with schemes other than the implementation of the 17th Amendment must be avoided at all cost. Therefore, I request you and other former commissioners to appeal to all political parties to ensure the speedy implementation of the processes enshrined in the 17th Amendment.
Yours sincerely,
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Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
