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Five Commonwealth organisations concerned over impact of 20A on independence of judiciary
View(s):Five Commonwealth organisations collectively expressed ‘deep concerns’ about the impact the 20th Amendment Bill would have on the independence and impartiality of the judiciary, if adopted. “Of particular concern are the amendments proposed relating to the Judiciary and to the Judicial Services Commission.”
Issuing a joint statement this week, the Commonwealth Magistrates’ and Judges’ Association (CMJA), the Commonwealth Legal Education Association (CLEA), Commonwealth Lawyers Association (CLA), the Commonwealth Journalists Association (CJA) and Rechters voor Rechters (Judges for Judges) said: “An independent, impartial, honest and competent judiciary is integral to upholding the rule of law, engendering public confidence and dispensing justice. Judicial appointments to all levels must be made on merit on the basis of clearly defined criteria and by a publicly declared process.”
Noting that the present Constitution also provides for any removal of members of the Judicial Appointments Commission to be approved by the Constitutional Council, the organisations noted that the proposed 20th Amendment aims to abolish these provisions and would, in effect relegate the Judiciary to a position inferior to that of the Executive and Legislature in Sri Lanka. “This is contrary to the rule of law and the basic tenets of the principles of separation of powers,”
The five organisations urged the Executive and Legislature of Sri Lanka to ensure that the proposed constitutional changes are consistent with the Commonwealth’s fundamental values and international standards relating to the independence of the judiciary and the separation of powers.