Sri Lanka’s national human rights body, the Human Rights Commission of Sri Lanka (HRCSL) has been recommended to be downgraded by the Global Alliance of National Human Rights Institutions (GANHRI), a leading global organisation of national human rights bodies that is also a partner of the United Nations (UN), with effect from next year.
The reasons GANHRI has mentioned for its decision include concerns regarding the appointment process of the HRCSL, including those with regard to an alleged lack of pluralism in the HRCSL’s membership and staff, as well as HRCSL’s effectiveness in discharging its human rights mandate.
This development comes in a context where the country’s human rights situation keeps facing various criticisms from both domestic and international groups, and the actions of the HRCSL have a huge value in these cases. The recommendation to downgrade the HRCSL, therefore, reflects poorly on the HRCSL and also on how it works; hence, the relevant authorities need to take this matter seriously.
During the past few years, the HRCSL has looked into a number of matters of national importance, such as those pertaining to custodial torture and the state of prisoners, and even though its investigation process has been commended in many cases, the question remains as to whether those investigations and also recommendations issued by the HRCSL have led to tangible outcomes.
At present, the HRCSL has powers to make inquiries into human rights-related matters, and issue recommendations that then have to be put into action by other bodies such as the Police. One concern that needs to be paid attention to is whether the bodies the HRCSL issues recommendations to, share the same human rights interests the HRCSL prioritises, and whether the lack of such has created a gap between the recommendations and their implementation. For example, it is not clear whether the Police are able to apply the same priority to addressing matters such as custodial killings or torture, in the event the HRCSL issues recommendations concerning such incidents against the Police.
The weight of the HRCSL’s recommendations has a massive role in the process of serving justice based on those recommendations. To address this, Sri Lanka can take several measures. We can identify the HRCSL as a powerful investigative body whose recommendations have a legal value in court cases. In addition, vesting the HRCSL with power beyond conducting investigations and issuing recommendations could be another such measure. Sri Lanka can look into making the HRCSL a part of the country’s law enforcement authority, under which the HRCSL is empowered to act as an official body that monitors Police investigations pertaining to high-profile human rights incidents. Doing so would perhaps make Police investigations more human rights-focused.
Also, having made the HRCSL an independent body is inadequate, and steps need to be taken to ensure the impartiality of the HRCSL, especially its Chairperson, and also its level of pluralism, which have been questioned by various parties, especially during the tenure of former HRCSL Chairman Dr. Jagath Balasuriya. Even though the HRCSL seems to have acted impartially in various cases, the GANHRI has raised concerns about the process of appointing the HRCSL Chairperson and its Member Commissioners. The process currently involves the President appointing persons recommended by the Parliamentary Council established through the 20th Amendment to the Constitution, which is one of the main matters that was criticised when the 20th Amendment to the Constitution was enacted.
According to the GANHRI’s report and recommendations of the virtual session of its Subcommittee on Accreditation (SCA), the concerns over which the downgrading of the HRCSL has been recommended can still be addressed, and depending on how those concerns are addressed, there is a chance to even reverse it. Therefore, perhaps Sri Lanka should view the said recommendation as a warning, and the current situation as a second chance.
However, more than anything, what matters is the right person acting the right way, and to act impartially, there should not be any room for personal interests and conflicts of interests. To do that, Sri Lanka must acknowledge the fact that the HRCSL’s importance to the public also means that it is important to the country in the international context.The opportunity in the HRCSL downgrade
15 Dec 2021
The opportunity in the HRCSL downgrade
15 Dec 2021
Sri Lanka’s national human rights body, the Human Rights Commission of Sri Lanka (HRCSL) has been recommended to be downgraded by the Global Alliance of National Human Rights Institutions (GANHRI), a leading global organisation of national human rights bodies that is also a partner of the United Nations (UN), with effect from next year.
The reasons GANHRI has mentioned for its decision include concerns regarding the appointment process of the HRCSL, including those with regard to an alleged lack of pluralism in the HRCSL’s membership and staff, as well as HRCSL’s effectiveness in discharging its human rights mandate.
This development comes in a context where the country’s human rights situation keeps facing various criticisms from both domestic and international groups, and the actions of the HRCSL have a huge value in these cases. The recommendation to downgrade the HRCSL, therefore, reflects poorly on the HRCSL and also on how it works; hence, the relevant authorities need to take this matter seriously.
During the past few years, the HRCSL has looked into a number of matters of national importance, such as those pertaining to custodial torture and the state of prisoners, and even though its investigation process has been commended in many cases, the question remains as to whether those investigations and also recommendations issued by the HRCSL have led to tangible outcomes.
At present, the HRCSL has powers to make inquiries into human rights-related matters, and issue recommendations that then have to be put into action by other bodies such as the Police. One concern that needs to be paid attention to is whether the bodies the HRCSL issues recommendations to, share the same human rights interests the HRCSL prioritises, and whether the lack of such has created a gap between the recommendations and their implementation. For example, it is not clear whether the Police are able to apply the same priority to addressing matters such as custodial killings or torture, in the event the HRCSL issues recommendations concerning such incidents against the Police.
The weight of the HRCSL’s recommendations has a massive role in the process of serving justice based on those recommendations. To address this, Sri Lanka can take several measures. We can identify the HRCSL as a powerful investigative body whose recommendations have a legal value in court cases. In addition, vesting the HRCSL with power beyond conducting investigations and issuing recommendations could be another such measure. Sri Lanka can look into making the HRCSL a part of the country’s law enforcement authority, under which the HRCSL is empowered to act as an official body that monitors Police investigations pertaining to high-profile human rights incidents. Doing so would perhaps make Police investigations more human rights-focused.
Also, having made the HRCSL an independent body is inadequate, and steps need to be taken to ensure the impartiality of the HRCSL, especially its Chairperson, and also its level of pluralism, which have been questioned by various parties, especially during the tenure of former HRCSL Chairman Dr. Jagath Balasuriya. Even though the HRCSL seems to have acted impartially in various cases, the GANHRI has raised concerns about the process of appointing the HRCSL Chairperson and its Member Commissioners. The process currently involves the President appointing persons recommended by the Parliamentary Council established through the 20th Amendment to the Constitution, which is one of the main matters that was criticised when the 20th Amendment to the Constitution was enacted.
According to the GANHRI’s report and recommendations of the virtual session of its Subcommittee on Accreditation (SCA), the concerns over which the downgrading of the HRCSL has been recommended can still be addressed, and depending on how those concerns are addressed, there is a chance to even reverse it. Therefore, perhaps Sri Lanka should view the said recommendation as a warning, and the current situation as a second chance.
However, more than anything, what matters is the right person acting the right way, and to act impartially, there should not be any room for personal interests and conflicts of interests. To do that, Sri Lanka must acknowledge the fact that the HRCSL’s importance to the public also means that it is important to the country in the international context.Kapruka
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Discover Kapruka, the leading online shopping platform in Sri Lanka, where you can conveniently send Gifts and Flowers to your loved ones for any event. Explore a wide range of popular Shopping Categories on Kapruka, including Toys, Groceries, Electronics, Birthday Cakes, Fruits, Chocolates, Automobile, Mother and Baby Products, Clothing, and Fashion. Additionally, Kapruka offers unique online services like Money Remittance, Astrology, Medicine Delivery, and access to over 700 Top Brands. Also If you’re interested in selling with Kapruka, Partner Central by Kapruka is the best solution to start with. Moreover, through Kapruka Global Shop, you can also enjoy the convenience of purchasing products from renowned platforms like Amazon and eBay and have them delivered to Sri Lanka.Send love straight to their heart this Valentine's with our thoughtful gifts!