Human Rights Commission of Sri Lanka is suppose to be an independent Commission established under the Human Rights Commission of Sri Lanka Act No.21 of 1996; with a noble vision, strong mandate and wide powers to strengthen and protect human rights. But unfortunately currently we cannot say that we have an independent Human Rights Commission as the members are unconstitutional, political appointments made by the Sri Lankan President. According to the 17th Amendment to the 1978 Constitution of Sri Lanka members of the Commission should be selected by the constitutional council.
For the best interest of the country, it is necessary for us to strengthen the Human Rights Commission of Sri Lanka as an independent body with strong candidates to use its vast powers to protect and promote human rights.
Vision of the Human Rights Commission is to ensure human rights for all and promote and protect the rule of law. To realize the Vision, the Human Rights Commission of Sri Lanka has prioritized freedom from torture, right to due process, right to equality and non-discrimination, freedom of speech and association, social and economic rights and group rights, emphasizing the rights of the minorities, women, children and marginalized groups.
For the purpose of discharging its functions, the Human Rights Commission has been conferred with powers to investigate and inquire into violations of fundamental rights; to intervene in court proceedings with the permission of the court; to monitor the welfare of detainees through regular inspections of places of detention; to undertake research on human rights issues and public education programmes on human rights and to summon persons before the Commission to procure evidence including documentary evidence and to examine witnesses.
The Human Rights Commission has many functions in addition to inquiring into fundamental rights violations. These functions include, to ensure that all State Procedures comply with fundamental rights guaranteed by the Constitution of Sri Lanka; to advise and assist the government in drawing up legislation, administrative directives and procedures in compliance with fundamental rights; to make recommendations to the government regarding how national laws and administrative practices can be brought in line with the international human rights obligations of Sri Lanka; to advise the government on acceding to international human rights treaties; and to promote human rights awareness in the Country.
Human Rights Commission being such a powerful entity, it is sad that currently it has lost credibility among Sri Lankans and international actors. Human Rights Commission of Sri Lanka has been demoted to observer status from member status by the National Human Rights Institutions Forum. Re-establishing an independent human rights commission will not only give confidence to the people of the country, but also in the international arena that Sri Lanka stand by human rights ideals and are working towards safeguarding human rights.
References
GOSL. 1996. Human Rights Commission of Sri Lanka Act No.21 of 1996
GOSL. 1978. Sri Lanka Constitution
Human Rights Commission Website (Retrieved on 12th February 2010) http://www.hrcsl.lk/
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