HRCSL head vacancy: BASL urges Prez to appoint distinguished person

The Bar Association of Sri Lanka (BASL) has requested President Gotabaya Rajapaksa to appoint as chairperson of Human Rights Commission of Sri Lanka a person is one who is distinguished in the field of human rights and the law, and whose appointment will be acceptable to a wide cross-section of the Sri Lankan community.

The BASL in a statement titled ‘Nomination of the chairperson of the Human Rights Commission of Sri Lanka’ said: “Following the resignation of the Chairperson of the Human Rights Commission of Sri Lanka (HRCSL) Dr. Jagath Balasuriya, the Bar Association of Sri Lanka (BASL) wishes to highlight the importance of this office and the need to appoint a person to the said office who will be widely accepted by the community. The Human Rights Commission which was established by Act No. 21 of 1996 plays an important role in the promotion and protection of human rights in Sri Lanka.

“Since its inception the HRCSL has been chaired by persons who have distinguished themselves in the fields of human rights and law. Prior to 2020, the Chairpersons of the Commission were Justice O.S. M. Seneviratne (retired Judge of the Supreme Court); Faisz Mustapha PC; Dr. Radhika Coomaraswamy; Justice P. Ramanathan (retired Judge of the Supreme Court); Justice S. Ananda Coomaraswamy (retired Judge of the Supreme Court); Justice Priyantha Perera (retired Judge of the Supreme Court) and Professor Deepika Udagama. As Your Excellency will note the Chair of the HRCSL have been held by either retired Judges of the Supreme Court or those who have been renown in Sri Lanka and internationally for their professional and academic work on human rights.

“As Your Excellency is aware, among the many functions of the HRCSL are to inquire into, and investigate, complaints regarding procedures, with a view to ensuring compliance with the provisions of the Constitution relating to fundamental rights and to promoting respect for, and observance of, fundamental rights and to advise and assist the government in formulating legislation and administrative directives and procedures, in furtherance of, the promotion and protection of fundamental rights and to make recommendations to the Government regarding measures which should be taken to ensure that national laws and administrative practices are in accordance with international human rights norms and standards.

“In May 2018, the Human Rights Commission of Sri Lanka was designated an ‘A’status human rights commission by the Global Alliance of National Human Rights institutions (GANHRI) the global forum of National Human Rights institutions (NHRI).’A’Grade status is based on compliance with the Paris Principles (1993) adopted by the UN General Assembly as the global standards by which the credibility and effectiveness of a NHRI is to be assessed.

“One of the main requirements under the Paris Principles is the political independence of a national institution, both in law and practice. The process of selection and appointment of members, the removal procedure as well as whether an institution demonstrates political independence in practice are closely scrutinized.

“In addition, a national institution must reflect the diversity in society, possess a broad mandate that permits protection of internationally recognized human rights, have adequate powers of inquiry, and be adequately resourced.

“As such the composition and leadership of the Human Rights Commission of Sri Lanka is an important measure of the human rights situation in the country and it is important that the person who is appointed as Chairperson is one who is distinguished in the field of human rights and the law and whose appointment will be acceptable to a wide cross-section of the Sri Lankan community.

“We trust that Your Excellency will consider the above in submitting the relevant nomination to the Parliamentary Council.”