WikiLeaks: Independent Commissions In Limbo Awaiting Constitutional Council

June 7, 2015 

“Political in-fighting, spearheaded by the Sinhalese nationalist Janatha Vimukthi Peramuna (JVP), is hindering formation of the Constitutional Council, the multi-partisan body empowered to nminate members to independent watchdog authoritis like the Human Rights Commission (HRC), PublicService Commission, the Judicial Service Commissin and the National Police Commission (NPC). Without the Constitutional Council, these agencies, set up to monitor government abuse of authority, are unable to appoint new members–and thus perform their crucial watchdog role–as their Commissioners’ terms expire. This has led to the accusation that the Government of Sri Lanka (GSL) may be using the partisan dispute over appointments to the Constitutional Council as a pretext to hamstring these independent agencies.” the US Embassy Colombo informed Washington.

According to the JVP and its ally, the Buddhist monk-led Jathika Hela Urumaya (JHU), because the Prime Minister and Opposition Leader have already nominated representatives from the minority Tamil and Muslim communities, the majority Sinhalese should have the right to nominate a member as well.| File photo

The Colombo Telegraph found the related leaked cable from the WikiLeaks database. The “Confidential” cable is signed by the US Ambassador to Colombo Jeffrey J. Lunstead on April 06, 2006.

The ambassador wrote; “Internal politics–laced with heavy overtones of communalism–underpins the Constitutional Council morass. The Council’s fixed members include the Prime Minister, the Speaker of Parliament, and the Leader of the Opposition. Other members are nominated from the local Tamil and Muslim communities, as directed by the Prime Minister and Opposition Leader. The sixth and final member, according to the Constitution, must be nominated by unspecified ‘minority parties.’ The Marxist nationalist Janatha Vimukthi Peramuna (JVP) argues that as the third largest party in Parliament, it–and not the pro-LTTE Tamil National Alliance–should have the right to make that nomination. According to the JVP and its ally, the Buddhist monk-led Jathika Hela Urumaya (JHU), because the Prime Minister and Opposition Leader have already nominated representatives from the minority Tamil and Muslim communities, the majority Sinhalese should have the right to nominate a member as well. The TNA’s position, on the other hand, is that since the JVP contested the 2004 general elections on the ruling party’s ticket, it counts as part of the governing coalition and thus is not a ‘minority’ party. (Note: The JVP left the governing coalition last June. The President has the authority to determine who has the right to nominate the sixth member, but so far has shown no wish to exercise it.)”

Read the cable below for further details;