The Lawyers’ Collective has urged electorate to vote for a person committed to the safeguard and protection of the independence and integrity of institutions, including the judiciary, the Constitutional Council, the police, public service, the Central Bank, and independent commissions and to safeguard them from unwarranted political interference and pressure.
The text of the statement: As the Presidential Election draws close, the Lawyers’ Collective draws the attention of the voting public to areas vital to the future of governance in Sri Lanka: democracy, rule of law and the independence of the judiciary.
In a democracy, institutions must respect the different powers and responsibilities of Parliament, the Executive led by the President and the Courts. The preservation of the rule of law is key to the well-being of the nation and its people and is an integral part of building a sustainable and thriving economy, a democratic and just social order and accountable governance.
People and also governments must recognise that the rule of law, including the protection of human rights, includes many elements such as the right of the people to participate in decision-making in governance, the holding of periodic free and fair elections, the independence of the judiciary, the prevention of corruption, transparency in governance, subsidiarity and equitable power sharing, the right to equality, non-discrimination and equal protection of the law, the guarantee of accountability and rejection of impunity.
Over the years, Sri Lanka has witnessed a steady decline in the rule of law and democratic values and norms, which has directly affected the economic wellbeing of the nation and impacted the daily lives of people. The decline in the rule of law has resulted in economic mismanagement, large scale bribery and corruption, impunity, gross human rights abuse and violence against persons and property. Several laws that undermine human rights, democracy and decision making by those most affected have been enacted. The economic and political crisis of 2022 is essentially a crisis of governance resulting from the breakdown of the rule of law and weakening of key institutions. There is much to be reversed and changed.
If Sri Lanka is to achieve economic and social stability the strengthening of its institutions, including Parliament, the Judiciary, the Public Service, including the Police and other independent institutions, is essential. So, too, is addressing the issue of corruption and waste of public resources.
Therefore, it is necessary to elect a President who commits to the safeguard and protection of the independence and integrity of institutions, including the judiciary, the Constitutional Council, the police, the public service, the Central Bank, and independent commissions and to safeguard them from unwarranted political interference and pressure. These are essential for the sustainable economic development of our country. Towards this end, a clear Page 2 of 3 commitment to abolish the executive presidency and to step away from centralized authoritarian power is crucial.
Over the years a key source of interference or attempted interference with these institutions has been the executive President whose powers have often gone unchecked. After the 19th Amendment to the Constitution, the Supreme Court has become an important institution to act as a check on the abuses of the Presidential Office. Hence it is vital at present, and in the future, that the independence of the judiciary is preserved as it is a corner stone for the preservation of democracy and the rule of law in Sri Lanka. Without an independent and a courageous judiciary, citizens who have suffered from violations of their rights at the hands of State authorities will not be able to effectively vindicate their rights or to obtain redress.
The person who is elected as President will have a profound impact on democracy, the rule of law and the independence of the judiciary, the police and the public service. The Lawyers’ Collective notes that the President so elected will have the opportunity to fill several vacancies which will arise in the apex courts in the next few months, including the vacancy in the office of Chief Justice which will occur in December 2024.
As you cast your vote, the Lawyers Collective respectfully urges the voting public to keep in mind the vital need to safeguard democracy, the rule of law and the independence of the judiciary in our nation.
The following signed the statement: Upul Jayasuriya, PC, M.M. Zuhair, PC, Professor Savitri Goonesekere, Attorney-at-Law Dr. Jayampathy Wickramaratne, PC, Dinal Phillips, PC, Geoffrey Alagaratnam, PC, Saliya Pieris, PC, Professor Deepika Udagama, Professor Camena Gunaratne, S.T. Jayanaga, PC, Nalin Dissanayake, PC, Upul Kumarapperuma, PC, Srinath Perera, Attorney-at-Law, Darshana Kuruppu, Attorney-at-Law, Chandima Atapattu, Attorney-at-Law, Sandamal Rajapakse, Attorney-at-Law, Kosala Dabare, Attorney-at-Law, Manoj Nanayakkara, Attorney-at-Law, Amila Egodamahawatte, Attorney-at-Law and Jayantha Dehiaththage, Attorney-at-Law.
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