Columns

It is two years since the largely peaceful aragalaya or civic protests ended in a outburst of violence on May 9, 2022. The protests which went on at the Galle Face Green peacefully for several weeks in an almost carnival atmosphere was set upon by a gang of hooligans and the participants mercilessly thrashed on that fateful day.

Almost on cue there was a backlash of what looked like retaliatory violence when the houses of government politicos were attacked and some burnt down and one government parliamentarian tragically lost his life.  

What led to the outbreak of violence on that day and who was responsible for the wanton destruction remain unclear although accusations are repeatedly traded among different groups.

However, the spontaneous protests which formed the core of the aragalaya did succeed in its main objective of forcing the then President Gotabaya Rajapaksa to step down. The weeks that followed caused a national conversation to emerge on the need for system change in governance. However, in terms of specific ideas as to what form and shape such changes should take have not been placed in the public domain by the advocates for such change.

One change that has unanimous acceptance across the political divide, namely the abolition of the executive presidency and electoral reform has for the moment at least gone below the radar. However measures to curb corruption, accountability and strengthening the rule of law are recognised as important but not sufficiently fleshed out by its proponents. How much of it will find its place into the manifestoes of political parties at the forthcoming elections remains to be seen.

It is a given that the success of a political party that is voted into office at an election will be largely dependent on the groundwork and thinking that is put in by its policy makers prior to facing an election.

In such a context it is encouraging to observe the work done by a team of lawyers led by President’s Counsel Upul Jayasuriya and others on behalf of the Samagi Jana Balavegaya (SJB). The proposals that have been put forward clearly reflect a great deal of thought that has gone in to addressing some of the key issues in the constitutional and legal field.

While the full details of the proposals contained in the document titled “”Legal Reforms for System Change” cannot be discussed here due to the constraints of space a few of the suggested measures are listed below:

Setting up of a Constitutional Court, an Independent Public Prosecutors Office as well as a Public Defenders Office.

The Online Safety bill to be withdrawn and a new bill to be presented to protect vulnerable women and Children in consultation with stake holders.

Specific timelines for conduct of criminal and corruption trials which have been one of the areas in which the laws delays have impacted most on the public.

Specific timelines for CID investigations to be concluded and indictment to be filed within one year.

Only a sitting or former Member of Parliament will be allowed to contest for the Presidency which will ensure that those aspiring for such high office will have a minimum level of political experience

Siblings of politicians will not be permitted to enter politics until after a cooling off period of those who are already holding political office retire.

No family members would be permitted to enter in to any government contract nor will the members of the immediate family of the President, Prime Minister, Ministers and Members of Parliament be employed in the personal staff of the Ministries or in any institution under them

Those held to have violated Fundamental Rights of individuals including those determined by the Supreme Court to have been responsible for the economic crisis will be made accountable including through a judicial process under the Public Property Act No. 12 of 1982.

Post-enactment judicial review of laws and statutes would be permitted with the Constitutional Court having the sole and exclusive jurisdiction and power to do so.

One of the most important recommendations is the modality proposed for removal of judges of the higher Courts. Any allegation of misbehavior or incapacity contained in a resolution for the presentation of an address for the removal of a Judge of the Constitutional Court, Supreme Court or Court of Appeal shall be inquired into by a panel consisting of three retired Judges of the Constitutional Court or the Supreme Court. This will prevent the recurrence of a situation like that of the removal of Justice Shirani Bandaranaike.

One hopes that the initiative taken by the SJB legal team will encourage similar efforts by other contenders for office at the next elections as well as by other entities like the Bar Association of Sri Lanka. This will pave the way for a national conversation on the necessary legal reforms to make a qualitative change in the administration of justice in the future. (javidyusuf@gmail.com)