Asserting that the appointments made to the Human Rights Commission by the Parliamentary Council established in terms of the 20th Amendment to the Constitution lacked transparency, the HRCSL has called for an urgent Constitutional Amendment.
Issuing a media statement yesterday the HRCSL said that in case a constitutional amendment wasn’t feasible at the moment, the government could (a) formulate regulations stipulating the criteria that should be adopted regarding appointments made in section 3 of the Human Rights Commissions Act 19 of 1996, and publish the said criteria through a gazette notification.
The HRCSL comprises Justice Rohini Marasinghe, Ven. Kalupahana Piyarathana Thera, Dr. M.H. Nimal Karunasiri, Dr. Vijitha Nanayakkara and Anusuya Shanmuganathan.
The HRCSL issued the statement having had meetings with the Colombo-based diplomatic community on 08 and 09 Feb., at their office.
The HRCSL stated that their recommendation would ensure that such appointments complied with the principles relating to the status of National Institutions (Paris Principles) adopted by General Assembly Resolutions No.48/ 134 of 20th December 1993.
The Commission has further said that the definition of ‘human rights” should be extended to cover all Covenants absorbed into law.
The HRCSL head said those amendments should be placed before a Parliamentary Select Committee under section 10(d) of the HRC Act.
The HRCSL has explained to the diplomatic community that though the Commissioners were appointed in terms of the Constitution by the President on the observation of the Parliamentary Council, their removal could only be done after an address and a vote in Parliament.
The powers of investigation and recommendations stipulated in the HRC Act were a complete detachment to the executive arm of the government, the diplomats have been told