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Independence of the judiciary has been restored: President at LAWASIA
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Asia and Asia Pacific regions' Chief Justices posing for a group photograph together with LAWASIA conference organisers
President Maithripala Sirisena on Friday insisted, the independence of Sri Lanka’s judiciary has been restored and must stay that way, as the international community including the United Nations Human Rights Council (UNHRC) is closely watching its development .
“I understand there are many who complain that the present Government hasn’t done much since it took office but, I can assure you, we are on the right path, though many things have yet to be done,” he said.
He was speaking as the Chief Guest at the 29th Golden Jubilee Conference of LAWASIA held in Colombo for the third time .
President Sirisena stressed that, to create a just society, the rule of law and independence of the judiciary are a must in a democracy. “Since passing the 19th Amendment, significant powers of the Executive Presidency have been reduced, with nine independent Commissions created as checks and balances of good governance.”
“Many religious philosophies practised in Sri Lanka, including Buddhism, teaches us how to lead a peaceful life in a just and equal society. Those spiritual values are important in the context of Human Rights (HR) and Fundamental Rights (FR), in order to create a truly democratic country,” the President said.
The four-day 29th LAWASIA Conference marking the 50th jubilee of the organisation’s formation in 1966, was attended by lawyers, judges, legal academics and all stakeholders in the legal sector. It offers insights to current issues in a range of areas, as diverse as banking and finance, family law, employment law, HR, environmental law, energy law and taxation law among others.
Prime Minister Ranil Wickremesinghe who was a participant at all previous LAWASIA conferences held in Sri Lanka since 1993, noted, “The country is in the process of reconciliation, and the truth seeking process has to be achieved from among all the challenges from many quarters, to resurrect this country as a nation.”
“We are in the process of Constitution making and are also experimenting with new aspects of the rule of law, as a conducive environment has been created. One among such is the special financial city in Colombo, that comes under the jurisdiction of the Supreme Court outside of the Colombo Municipal Council. A committee headed by a former Attorney General has been appointed to draft the new legislation in this respect also,” he said.
Premier Wickremesinghe also said the Sri Lanka Parliamentary system is currently switching away from the Westminster system, to a more European Parliamentary system, with the introduction of the Parliament Oversight Committee, which will strengthen Parliamentary democracy.
“Our Government had discussions with the South African government on setting up a unique Sri Lankan model of the Truth and Reconciliation Commission. There won’t be any ‘witch hunt’ against any individual, as happened in the last government, where our former military commander was stripped of his military honours and sent to jail,” Premier Wickremesinghe said.
He also pointed out that some of the laws currently in practice are relatively old and need to be replaced with adequate laws, which separate committees are studying and drafting. “The Prevention of Terrorism Act (PTA), similar to the one introduced in the United Kingdom in 1970, would be replaced, as there are no such threats coming from within the country, but from outside the country. The new law will have measures to tackle these kinds of new threats,”
President Maithripala Sirisena opens the four-day LAWASIA Conference at the BMICH in Colombo, on Friday, while LAWASIA Organising Committee chairman Upul Jayasuriya looks on. Pix by Indika Handuwala
Chief Justice K. Sripavan as Guest of Honour said in retrospection of LAWASIA as a professional body, it has been successfully networking its networks to promote protecting HR and maintain the rule of law in the region, as it celebrates its golden jumble this year.
“I have studied the progress of this organisation since its inception. I am happy to note that LAWASIA established itself as a respectable organisation and has great influence in promoting independent and strong judiciaries in the Asia and Pacific region,” he said.
Calling the independent judiciary system as the hallmark of democratic polity, Justice Sripavan said, “Law is an instrument of society whose objective is the dispensation of justice.”
“Law is the finest achievement of human civilisation. Without the law, society is bound to be in disarray and the lack of it would lead to chaos. It has provided a rational framework within the human capacity to conduct the greatest good for the greatest number,” he said, while noting the challenges faced by the world due to the rapid changing social and political order of the world.
Chairman, LAWASIA Organising Committee, Upul Jayasuriya while condemning the recent assassination of the President of the Quetta Bar Association in Pakistan following a terrorist attack, noted, ‘This horrific incident brings a truth home to us in a chilling and brutal manner.”
“We can resist and triumph over these threats only if the legal profession in each country, throughout our region and internationally stand united and strong and give unstinting support to our brothers and sisters in the profession. LAWASIA has always led this effort and I know it will continue to do so,” he said, while explaining the difficulties faced by the citizens of this country, during the previous regime.
Remembering the most turbulent period of the Bar in Sri Lanka, he said, “The entire legal community of LAWASIA, its President Prashant Kumar, former President Isomi Zuzuki and President-Elect Chris Leong, were at the forefront with the Bar Association in that struggle.”
He also recalled the instance when the idea of holding a similar conference in Sri Lanka was mooted in 2013, “The executive committee of LAWASIA rightly declined the offer, considering the situation as it existed then. The subsequent decision by LAWASIA to hold the Golden Jubilee in Sri Lanka in 2016, is an apt honour and a telling recognition of the journey Sri Lanka has chosen to embark upon, since the new Government took office.”
“The legal fraternity in Sri Lanka and all the other professions led the change to establish the rule of law, independence of the judiciary and true democracy. It is a triumph for the values that we stood for.”
“We never rested until sanity was restored. Today, we look back with pride at our role in the restoration of those values, because we did not do nothing. We did every thing,” Mr. Jayasuriya said.