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Fri, 24 May 2013 12:00:05
Sri Lanka must restore rule of law, says human rights body
30 Dec, 2011 15:00:15
Dec 30, 2011 (LBO) - Sri Lanka needs to restore the rule of law and change its constitution that concentres too much power in the executive president who wields too much control over its citizens, the Asian Human Rights Commission said.
"All Sri Lankans will wish that the coming year will not be like the last one and, in fact, that it be different from previous years also, years in which deep insecurity has been prevailing due to the failure of the political system, resulting in serious problems in the legal system," it said.

"People reduced to powerlessness will want to regain their powers, those which should exist within a democracy rooted on a rule of law system," said the Hong Kong-based regional non-governmental organisation that monitors human rights in Asia.

The Asian Human Rights Commission said it hopes Sri Lankans would wish to see the abolition of the 1978 constitution.

Such a move, the AHRC said, would pave the way for many benefits for all the people, including "replacement of the rule of one man with the rule of law, (and) replacement of judiciary which is under the control of executive president with an independent judiciary functioning under the principle of separation of powers."

AHRC said the Attorney General’s department, which is under the control of the executive president, needs to be replaced with one that is independent and capable of performing its obligations as required under a rule of law system.

The policing system, which is now dysfunctional due the control of the executive president, must be replaced with one run under the command responsibility of the superior officers as required under the rule of law.

The AHRC said Sri Lanka should replace "all public institutions, such as civil service, election commissioner’s office and others which are presently tightly controlled by the executive president, with independent commissions as required by the rule of law."

It said the Commission against Corruption was "incompetent and helps to spread corruption", and must be replaced with an independent institution, with legal powers and resources.

"Such an institution should have no link to the police and inquiring officers should not be recruited from the police," the AHRC statement said.

"The staff of such an anti-corruption agency should solely belong to that agency and it should create opportunities for staff promotion and disciplinary control within itself."

AHRC said Sri Lanka should restore the capacity of the police to investigate crimes competently by removing the political obstructions of the their work and providing human and other resources.

Adequate funding should be given for all institutions, engaged in administration of justice, such Judiciary, Attorney Generals Department, Police and the Prisons to enable them to provide efficient and satisfactory services to community.

It also urged the government to remove special powers to such agencies as police Special Task Force and bring such institutions under the control of the higher command of the police.

All provinces should be brought under civilian police control and the military removed from performing civilian police functions, the human rights body said, referring to the heavy military presence in the north and east after the end of the 30-year ethnic war.

It also called for an "end (to) the surveillance, intimidation, murder and the causing of other harm to journalists" and removal of all obstacles to freedom of expression and publication, ensuring peoples’ right to information.

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READER COMMENT(S)
2. Nalliah Thayabharan Jun 01
It was Junius Richard Jayewardene who got the judges houses stoned and got resignation letters from ministers. You bet he changed the meaning of rule of law.
1. Pala Dec 31
The AHRC and other similar western christian spy agencies operated misteriously in Asian countries are trying hard and to the last drop of blood in these days to distrupt the booming ecconomies of the Asian countries which do so as they do not alloww the western thiews to steal out those countries to make up deteriorating their countries. AHRC should know that the Sri Lanka is an independant country and governed by a mandate fully agreed by vast majority of it's people and that can not be changed by your properganda war which is biased towards the distruction of Libya, Iraq, Afgan, Vietnam, Japan ... in which the west bears the fully responsibility. No matter how good or bad their propsal work in their places Sri Lanka has it's own way of ruling no matter the wish of the out siders is good or bad.