COLOMBO :The Bar Association of Sri Lanka (BASL) has pointed out on Tuesday,on Oct.2 that the appointment of a Task Force to oversee the work of the Ministry of Justice is in view of the BASL improper and outside the accepted framework for lawmaking. Any alienation of what are properly functions of the duly elected legislators and proper legally mandated executive functionaries by relocating their functions elsewhere involves erosion of the Sovereignty of the People.
In a statement referring to Lankan President Gotabaya Rajapaksa regarding the Presidential Task Force for One Country, One Law, the BASL letter signed by its President Saliya Pieris PC and its Secretary Rajeev Amarasuriya it has been pointed that there is no doubt the president is aware that the preparation of draft legislation and the study of existing legislation are tasks of a serious nature involving several institutions of the State. Legislative power is one of the aspects of the sovereignty of the people.
“The Constitution itself provides a framework for the legislative process which is supplemented by other laws and by the Standing Orders of Parliament. There already exist within the framework of the Constitution, the law and Standing Orders and adequate mechanisms for this purpose.
The Sectoral Oversight Committees of Parliament as well as Standing Committees and Select Committees which can be constituted as per the Standing Orders of Parliament, the Law Commission which is an institution established by law are among these mechanisms. In addition, during the last year the Ministry of Justice has appointed several committees to propose reforms to various laws.
Whilst the Sectoral Oversight Committees are chaired by members of the legislature, the Law Commission is presided over by a senior President’s Counsel. Many of the Committees appointed by the Minister of Justice consist of senior members of the legal profession and of senior academics. Some of these Committees are chaired by Judges of the Superior Courts.
Apart from these mechanisms, the Attorney General and his Department also plays a key role in the law-making process and is recognized by the Constitution. Given that the Department of the Attorney General too plays a key role in this process, questions arise of the role the Task Force will play vis-a-vis the Attorney General and his officers.
In these circumstances, the appointment of a Task Force to oversee the work of the Ministry of Justice is in view of the BASL improper and outside the accepted framework for lawmaking. Any alienation of what are properly functions of the duly elected legislators and proper legally mandated executive functionaries by relocating their functions elsewhere involves erosion of the Sovereignty of the People.”
The BASL has further observed that the Task Force itself is not a representative body, given that it has no female representation nor representation from several ethnic groups and religious groups in the country. Serious doubts also exist as to the qualifications, expertise, and suitability of the Chairperson of the Task Force and of many of its members to engage in the functions described in the Gazette.
Whilst there is no doubt that the concepts of equality, fairness, non-discrimination, the protection of the law and nationally and internationally recognized humanitarian values are all laudable principles, it is doubtful if the process set out in the Gazette and the creation of the Task Force can make any meaningful contribution in upholding these values.
What is of utmost importance at present is that the State and the organs of the government including the Executive of which Your Excellency is the head, upholds the rule of law and moves to protect and safeguard the fundamental rights of the people as described in Article 4(d) of the Constitution. In fact, the best way to ensure the objectives set out in the proclamation are by upholding the rule of law and respecting the fundamental rights of the people.
In the past few months, the BASL which is committed to the Rule of Law has drawn the attention of Your Excellency and to the Government on several instances where the Rule of Law and the Fundamental Rights of the people have been violated. However, the BASL notes with regret that no remedial measures have been taken in this regard.
In the above circumstances the BASL is of the view that no useful purpose would be served by the creation and appointment of the aforesaid Task Force, which in view of the BASL would usurp the functions of many institutions established under the Constitution and the law, including Parliament and the Ministry of Justice.
