brand logo

The rule of law when convenient

06 Sep 2022

At a time when a significant share of Sri Lankans are questioning as to what is happening in the country as far as political, economic, and social stability are concerned, President Ranil Wickremesinghe, on 3 September, stated that democracy and the rule of law must be established within the country in order to ensure economic recovery. He stressed that the rule of law cannot be preserved without the Police and an independent Judiciary, and that therefore, the two institutions should be protected. The President’s sentiments are valid and very relevant to the present context of Sri Lanka, where the people remain rather sceptical as to whether Wickremesinghe has turned into a dictator and whether his Government would be worse than his predecessor Gotabaya Rajapaksa’s Government as far as the rule of law is concerned. That is mainly due to the string of arrests and prosecutions that the country is seeing in the context of the “aragalaya” (struggle) movement. Wickremesinghe is right about the importance and role of the above-mentioned institutions. It may also play a certain role in the process of economic recovery. However, maintaining the rule of law is not an easy task, and it is a very intricate matter. On the one hand, it requires a greater level of discipline, integrity, and honesty on the part of the authorities, and on the other hand, there needs to be better understanding and communication between the people and the authorities. This is because the law enforcement authorities have been using excessive power against civilians during the past few years, which became further visible due to the crackdown on “aragalaya” activists, which has blunted the people’s trust in the entire legal system. In this context, if the President thinks that merely enforcing laws could ensure the rule of law or create a law-abiding and peaceful society, he is sorely mistaken. In addition to addressing the practical issues mentioned above, it is crucial to pay attention to the fact that maintaining the rule of law does not restore the trust that the people have lost. To do that, the people need to feel safe and equal within the legal system, not threatened, unjustifiably controlled, or oppressed. The people should feel that their rights are protected and are recognised by the law enforcers, not that their rights can be violated in the name of the law.  Until and unless the people start feeling that the law and those that enforce it exist to serve and protect them, the rule of law would not be properly established, even if the authorities kept to the letter of the law. This is in fact one important matter that law enforcers as well as the rulers of many generations have ignored. They have forgotten that creating a lawful society has a great deal to do with how the people perceive the rule of law.  In this context, the people feeling sceptical about the way in which the law treats them is justifiable. In fact, it would not be an overstatement to say that the enforcement of the law in Sri Lanka is more of a case of “rule by law” where the governing authority feels that it is above the law and is entitled to make and enforce laws to serve its interests, rather than the “rule of law” where the law is enforced exactly as it is supposed to. The President should understand that even if the written laws are upheld fully, the enforcement of the law has failed to fulfil its obligations if it threatens the people’s sense of safety and dignity.


More News..