A group of employees of the Department of Commerce (DoC) has filed a Fundamental Rights petition in the Supreme Court challenging the government’s “Economic Transformation Bill.” In their petition, the 37 employees state that the bill aims to dismantle the DoC and replace it with an Office for International Trade (OIT). The petitioners state that [...]

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DoC employees file FR pettion against Economic Bill; say it undermines national interest

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A group of employees of the Department of Commerce (DoC) has filed a Fundamental Rights petition in the Supreme Court challenging the government’s “Economic Transformation Bill.” In their petition, the 37 employees state that the bill aims to dismantle the DoC and replace it with an Office for International Trade (OIT).

The petitioners state that the proposed OIT “poses a serious threat to Sri Lanka’s domestic industries and economic stability.”

They note that the trade policies and trade negotiations related to new trade agreements, as well as implementation-related aspects of the trade agreements, are currently managed by government officers, in particular, DoC officers, who have developed technical expertise on the subject over decades and are also accountable to the state and, by extension, to the people of Sri Lanka.

In terms of the bill’s clauses, the OIT will replace this existing framework “with hand-picked politically motivated individuals who are not accountable to the state, raising concerns over transparency, accountability, responsibility, and also the ability to fulfil national obligations,” the petition alleges.

They claim that the bill aims to transfer the wide array of powers and functions exercised by the DoC to the OIT, completely vandalising and undermining the DoC and the duties exercised by its officers.

The petitioners note that the OIT will be governed by a board of seven members, including an ambassador, five committee members appointed by the president, and only one government representative from the Treasury. With the appointed members holding the majority of the OIT, there is a serious risk that trade policies could favour personal or corporate interests over national interests, the petitioners say.

They also claim that political appointees may be placed in trade representative roles in Sri Lankan foreign missions abroad, tasked with promoting the country’s trade, investment, commercial, and tourism prospects.

Currently, matters related to international trade are managed by executive officers appointed by the Public Service Commission (PSC). These officers, primarily from the DoC, ensure a structured and accountable approach to managing the country’s international trade affairs. In contrast, the recruitment procedures for the OIT allow for the appointment of individuals from both the government and the private sector without PSC oversight. Consequently, OIT appointees, who are not under the control of the PSC, will be responsible for managing Sri Lanka’s international trade affairs—a responsibility previously exclusively of permanent executive officers, the petitioners note.

The petitioners are requesting the Court to grant leave to proceed with their petition, and to declare the Economic Transformation Bill in its entirety and/or the clauses relating to the establishment of the OIT to be inconsistent with the Constitution.

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