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Asia-Pacific CJs seek separation of powers and judiciary’s independence
View(s):The Asia Pacific region’s Chief Justices yesterday adopted a Colombo Declaration calling for a “sufficient degree” of separation of powers between the judiciary, legislature and the executive and urged a possible amplification of the “Beijing Statement on Principles of the Independence of the Judiciary in the LAWASIA region”.
Meeting on the sidelines of the LAWASIA Golden Jubilee conference at the Cinnamon Grand Hotel, the Chief Justices said the Rule of Law required a sufficient degree of separation of powers within a constitutional framework. This, they said, would ensure that the judiciary which interpreted and applied the law was independent of the legislature which made the law and the executive which implemented the law.
“In this background, we re-iterate the view that the constitution and laws of a country should ensure and guarantee true and effective independence of the judiciary,” the Colombo Declaration states.
“The Rule of Law encompasses ensuring the supremacy of the law and the application of the law equally to all who are similarly circumstanced; ensuring all persons have equal and Sapugaskanda upgrade project suspended; alternative at H’tota unobstructed access to the system of justice; ensuring the impartiality and integrity of the system of justice; ensuring the protection of human rights for all in conformity with the law and the principles set out in accordance with the Universal Declaration on Human Rights; ensuring the implementation of the law facilitates development in an equitable and sustainable manner with transparency and accountability; and the several other factors which will collectively establish the true Rule of Law,” the Colombo Declaration states.
In amplifying the Beijing Statement on “the Principles of the Independence of the Judiciary in the LAWASIA region”, the Colombo Declaration states that this is required in the light of subsequent social, economic, political and global developments and challenges which affect the maintenance and protection of the independence of the judiciary.
The signatories to the Colombo Declaration are Justice Virginia Bell (Australia). Justice Surendra Kumar Sinha (Bangladesh), Judge H.E. Zhonglin (China), Justice Robert J. Torres ((Guam), Justice Madan Bhimarao Lokur (India), Justice Tan Sri Md Raus Sharif (Malaysia), Justice Abdullah Saeed ((Maldives), Justice Tha Htay (Myanmar), Justice Cholendra Shumsher JB Rana ( Nepal), Justice Anwar Zaheer Jamali (Pakistan), Justice Sir Salamo Injia ( Papua New Guinea), Justice K. Sripavan (Sri Lanka), Justice Veerapol Tungsuwan (Thailand) and Justice Deolindo dos Santos (Timor-Leste).