Letters to the editor

The recent decision of the Supreme Court on the Singarayer Appeal, would have doubtlessly distressed human rights enthusiasts. But can we fault the Judiciary for the disappointment?

As a sovereign state, Sri Lanka took upon herself on October 3, 1997, the responsibility to implement the First Optional Protocol to the International Covenant on Civil and Political Rights and then literally went to sleep on it. It is axiomatic that international law does not automatically become operative in a country with a monist legal system like ours.

If we undertake to implement any international law, it is our duty to write it into our statute book. Short of that the Judiciary has no jurisdiction to enforce it. When President J.R. Jayewardene signed the Indo-Lanka Accord, he saw to it that ensuing amendments were made to the law.

Besides we should not go about signing international agreements like signing party manifestos on election eve. They need serious and prior consultations among the relevant organs of government and it is the prime duty of the political leaders under whom an agreement is signed and their successors, to ensure that the terms of the agreement are co-opted into our national law, as was done in the case of the Torture Act. These commitments are not mere cosmetic embellishments to appear fashionable.

The failure to legislate may be a result of disorganized management of government or sheer lethargy. The problem could be the precarious balance of power in Parliament. Whatever the reasons may be, the government has an international duty to overcome them. The situation reminds one of the proverbial Sinhala saying 'Beri sil noganin Abaro'. (Don't take upon yourself precepts that you can't keep, Aby!') It is unfair for the government to undertake such noble missions and leave it to the Judiciary to carry the baby or bell the cat.

Any attempt by the Judiciary to oblige by indulging in 'judicial legislation' would be a contradiction in terms and could trespass on the Legislature, however laudable the intention may be. Now that the Protocol is ratified, the government must ensure that the undertaking is legalized. The corollary to the proverb is 'Gath sil rakinu Abaro', 'Observe the precepts you have already undertaken Aby!'

To go back on the undertaking will be disastrous. True, the US has declined to sign the ICESCR but it is well to bear in mind that the 'Law of the Bush' calls for a world of power. In our present predicament of a poor country divided, we have to be good neighbours with the international community. Any attempt to challenge the accepted world order like some dare-devil states of the sub-Sahara, may upset our walk on the tight rope, in a scenario of conflict.

As for the immediate dilemma of the Singarayer impasse, a Presidential pardon to the 'convict' would cut the Gordian Knot.