News - Rights monitors denounce NHRS appointments

Denouncing President Mahinda Rajapaksa’s appointments to the National Human Rights Commission (NHRC) this week, regional and domestic rights monitors pointed out that an NHRC appointed in defiance of the Constitution cannot fulfill its mandate of human rights promotion and protection.

They stated that it would instead serve to protect and promote the President and his government from accusations of human rights violations.

The NHRC had been non-functional since March 2006 when the term of office of its members expired. The new appointments include a former justice of the Supreme Court, P. Ramanathan now in his late seventies, a former justice of the Appeals Court who had presided over several Presidential Commissions, D. Jayawickreme and Attorney-at-Law S.G. Punchihewa.

Two former members of the NHRC, both senior legal academics had declined to serve on the reconstituted NHRC.

Responding to the appointments, the regional Asian Human Rights Commission (AHRC) and Transparency International Sri Lanka (TISL) have pointed out that the power of selection of members for the independent commissions lies with the Constitutional Council and the President can only make appointments based on the Council's selections. His disregarding of this condition makes the appointments unconstitutional.

Without these elements, it cannot function”. The AHRC has pointed out that being a former Supreme Court or Appeals Court judge in no way qualifies a person to be a member, let alone the head, of a Human Rights Commission functioning under the Paris Principles applicable to Human Rights Commissions in all countries.

TISL called the appointments unconstitutional and observed that “among those who were appointed were retired judges, who are well aware that they are appointed to these positions unconstitutionally but have shown no courage in declining such positions. Their acceptance is an indication of their lack of commitment to rule of law.”

The corruption watchdog also called for the implementation of the 17th Amendment before any new constitutional reform process, including a new Bill of Rights for Sri Lanka is embarked upon.

Any other course would only be politically expedient and would heighten public cynicism that the law and the Constitution itself are worthless, it said.

The ten-member CC is tasked with the duty of making nominations to commissions on the police, public service as well as the National Human Rights Commission among others. It comprises the Speaker of the House as Chairman, the Leader of the Opposition and the Prime Minister ex-officio, together with seven appointed members.

The appointed members include five members nominated jointly by the Leader of the Opposition and the Prime Minister, one appointee of the President and one member nominated by political parties in parliament not belonging to the part of either the Prime Minister or the Leader of the Opposition.