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I was pleased, if astonished, to see a complimentary reference to my writings in a newspaper. I was reaching the conclusion that no one read any more, or bothered about Human Rights issues except to make political points, so this was heartening. Admittedly a positive reference by one of the editors who publishes my writings is not evidence that they might make a difference, but it may help.

The reference was the more welcome, because this week there is yet another reminder that, as Anne Ranasinghe put it, ‘nothing remains but to mourn’. Nearly two years ago I asked a question in Parliament about women who suffer because of the Vagrants’ Act, and it has not as yet been answered, even though it has been placed on the order paper over half a dozen times. Each time the Minister asks for more time.

A few months ago I was heartened, because I was told there was a flurry of activity in the Ministry of Justice, since they had been told they must supply the answer. But that came to nothing, and on that occasion too the matter was put off. Subsequently I met an official of the Judicial Services Commission, who informed me that the Judiciary did not keep statistics of the people it sentenced. He seemed to think that this was not their business.

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The National Action Plan for the Protection and Promotion of Human Rights 2011 – 2016 ( sinhala & tamil) as well as the full series of  Sri Lanka Rights Watch are available at the Peace & Reconciliation Website.

There have been some rumblings recently about the conduct of the Supreme Court with regard to the judgment it delivered on the proposed Divineguma Bill. Fortunately I have heard little criticism of the substance of the judgment, and this is as it should be. While I believe that blatantly unjust decisions of the Courts should be challenged, and in particular by academics, using reason (not by politicians resorting to prejudice), this does not seem to me to be such an instance. Where the Courts are allowed discretion, that should be exercised independently and, provided good reasons are given for the judgment, the matter should be allowed to rest.

Of course there is a case for allowing appeals from the judgments of the Courts, but these should be only to superior Courts. Given too that even the Supreme Court could reach erroneous conclusions, occasionally blatantly unjust ones, more often ones that arise from carelessness, perhaps because lawyers failed to make relevant points, there should be provision for review by a larger Bench of the Supreme Court.

In the present instance criticism seems to be on a procedural issue. I am not sure that the issue seems to me particularly significant, but I am glad the question has been raised of how to ensure that the Courts follow the procedures laid down by the legislature, even while ensuring that their independence of judgment is preserved. I have drawn attention to this previously, but of course no one takes such matters seriously until they are personally affected, and perhaps I too would not have thought of the distinction had I not been entrusted with convening the Task Force on expediting implementation of the Human Rights Action Plan.

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Rajiva Wijesinha

August 2019
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