BARRANQUILLA : Sri Lanka’s Justice Minister Ali Sabry took pride in saying that Sri Lanka enjoys the oldest democracy in Asia.
Sabry was addressing the delegates at the World Law Congress on Friday, December 2.
The program focused on promoting the rule of law as an instrument for the development of nations, offering a comprehensive vision of current issues that concern humanity and on which the law and justice world must respond. Among the aspects to be debated are the analysis of the responses of the States to the pandemic, cybersecurity and digitization, judicial independence and the current migratory crises, among others. The more than 35 Round tables that will make up the content of the congress will integrate the vision of notorious jurists, businessmen, representatives of Colombian and international institutions,communicators and students, who support the sustainable development of humanity, and coexistence in democracy and freedom.
Addressing the delegates, Sabry said : “ Sri Lanka has the honour of being asia’s oldest democracy. With the introduction of universal franchise in 1930, elections in our nation have been regular, consistent and has resulted in vibrant governance over the decades. As of 1947, Sri Lanka had the first-past-the-post system for electing representatives, and the 1978 constitution brough with it a shift towards proportional representation which was with the aim of having a legislature more representative of the diverse ethnicities and political parties.
· The 1978 constitution, which was Sri Lanka’s 2nd republican one provided for a clear separation of powers with an effective system of checks & balances. It set out a clear framework for the governance of the nation and introduced provisions aimed at achieving legal certainty and an independent judiciary. These two factors are absolutely vital for the prevalence of rule of law.
· The constitution provided for the appointment of the judges of the Supreme Court by the executive whilst the independence of the judiciary is guaranteed by the Judicial Service Commission (JSC), which in entrusted with the administration of the judiciary. This institution is independent of the legislature and the executive and strong legal provisions are present in the Sri Lankan legal system to ensure that the JSC is not influenced politically or in any manner.
· In 2019, Sri Lanka experienced its first terrorist attack since the end of the war with the LTTE. It was an incident which changed the Sri Lankan approach to national security and the political landscape on which it operated. Terrorism, which as many nations are no well aware, is not an easy fight. The tactics and strategies which have traditionally been used to combat threats to a country’s national security are not effective against the fight against terrorism. With it comes the need to rethink national security strategies as well as geopolitical relations.
· The Prevention of Terrorism Act (PTA) was enacted with the aim of addressing the shortcomings in the law that placed law enforcement at a severe disadvantage in identifying and combatting terrorism. The provisions allowed national security to be preserved, yet legislation such as this has come under criticism even in other jurisdictions as being a direct threat to the rule of law. Therefore, it is important to strike a balance between the interests of national security and the rule of law.
· The Government of Sri Lanka is well aware that these two interests need to be balanced carefully and therefore, it is now revisiting certain provisions of the PTA with the aim of achieving a greater level of transparency and a larger involvement of the judiciary in the processes.
· The pandemic has brought with it its own set challenges. Nations have been struggling to deal with the economic fallout and growing level of hardship to all sectors. However, the pandemic has also had a significant effect on the need to rethink national security policies.
· Sri Lanka historically has been liberal in its approach to civil protests. Yet, the pandemic has required placing the interests of health and safety above the right to protest. The word ‘super spreader event’ is commonly used to denote gatherings amongst people that have the potential to cause large spikes in Covid positive cases. The delta variant with it’s extremely high transmissibility rate wreaked havoc on many countries, and it required a aggressive strategies by governments to bring it under control. Sri Lanka too had to use a level of movement restriction in the form of curfews and lockdowns in order to bring the situation under control. Yet, despite this clear need to restrict spread there was still groups who continued and still continue to agitate.
· Thus, the pandemic has made governments, including ours, to rethink strategies to keep its citizens safe. It has also created a shift towards cooperation between countries on a regional and global scale as it is impossible to keep your citizens safe if those outside the country are not. The pandemic has brought to light the unimpeachable reasoning behind the phrase ‘no one is safe until everyone is safe’
· The pandemic is also moving countries towards a level of cooperation and information sharing. This is not only vital in combatting a common global threat such as Covid-19 but also in fighting terrorism, cybercrime and many other threats that have a direct effect on national security.
· In conclusion I would like to say that despite the many challenges posed by the pandemic, and the concerns of national security which have been at the forefront in Sri Lanka in the recent past, we are intent on working with our regional and global allies in fighting this and finding a solution which will work in the long run. I would also note that in the pursuance of this goal we are well aware of the importance of the rule of law being preserved and we will ensure that no factor will be a threat to the vibrant democracy that is Sri Lanka.”
