Although the President can direct reports submitted by the Human Rights Commission of Sri Lanka (HRCSL) on the failure of public institutions to implement its recommendations to be presented to Parliament for discussion, not a single such report submitted by the Commission has been discussed in Parliament in recent times, it is learnt.
Speaking to The Daily Morning, HRCSL Member/Commissioner, attorney Nimal G Punchihewa said that while the Commission had submitted several reports to the President after institutions failed to implement its recommendations, none had been taken up for Parliamentary discussion. “Under the law, if an institution does not implement our recommendations, we have to inform the President through a report.
The President can then submit it to Parliament, where the matter should be discussed. That’s what we can do under the law. We’ve sent several reports in this manner, we haven’t seen a discussion taking place in Parliament on any of them so far,” he said.
He also said that the HRCSL had requested amendments to the HRCSL Act, No. 21 of 1996, to give it stronger powers to ensure that its recommendations are implemented. “If someone summoned by the HRCSL fails to appear before it, we have the power under the Act to treat that as contempt of court and proceed accordingly. We have requested an amendment to the Act so that the failure to implement our recommendations can also be dealt with in the same manner. However, none of our proposals has been implemented.”
The HRCSL's mandate includes investigating alleged violations or imminent violations of Fundamental Rights, helping resolve complaints through conciliation and mediation, advising the Government on laws and administrative practices affecting HR, and making recommendations to bring national laws and practices in line with international HR standards.
When contacted by The Daily Morning, the Presidential Secretariat's Legal Director, attorney J M Wijebandara said that he was not in a position to make an official comment on the matter.