A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
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Thiranjala Weerasinghe sj.- One Island Two Nations
?????????????????????????????????????????????????Sunday, June 4, 2017
Conflict Of Interest On HRCSL Member Pieris Applying For And Getting ‘Silk’
Serious questions are being asked in both the legal and human rights
community about the conflict of interest arising due to member of the Human Rights Commission of Sri Lanka lawyer Saliya Pieris applying and obtaining the honorary title of ‘President’s Counsel’ from President Maithripala Sirisena in recent weeks.
In
terms of the Constitution, the President is given the entire discretion
as to whom he may name as ‘PC” once applications are made to him. The
PCs List is chosen on the arbitrary executive preference of some lawyers
over others. Outrage arose in regard to this years’ list which listed
several ‘yahapalayana lawyers’ to whom the conferral of the honour was
seen as a political reward. The selections were also gender
discriminatory. Not a single woman lawyer was listed among the several new PCs who were appointed.
Pieris
was already serving as a member of the HRCSL at the time that he made
the application for PC and President Sirisena appointed him. Earlier, he
had been appointed a member of the HRCSL after submitting his
application to the Constitutional Council and upon the CC recommending
his appointment to the President. The HRCSL has a statutory mandate to
monitor the compliance of government bodies with constitutional
protections on fundamental rights and to inquire into and investigate,
complaints regarding infringements or imminent infringements of
fundamental rights by state actors. The executive arm of the State is a
key focus of that monitoring process.
Questions
have therefore arisen as to how can a member of the HRCSL which is
supposed to act as a fetter to prevent abuse of power by the executive
could be seen as applying for a favour for the conferral of ‘silk’ from
the very executive which the body of which is a member, is supposed to
monitor? This leads to an obvious conflict of interest and puts the very
legitimacy of the HRCSL in doubt, a senior lawyer said. Is there not an
inference that the member of the HRCSL would thereafter be beholden to
the President for the ‘honour’ conferred upon him, he questioned.