8/9/2019 Policy Recommendations on the Right to Rule of Law

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District Multi-Stakeholders Forum on Constitutional Reform and Peaceful

Coexistence

RECOMMENDATIONS FOR POLICY REFORMS

ON THE RIGHT TO RULE OF LAW

Recommendation 1: Supremacy of the Law:

1.1 Compliance of all political and administrative executives, irrespective of theirpositions, to the rule of law without misusing or abusing their powers or positionsshould be ensured.

1.2 All existing legislation and laws should be reviewed and reformed to ensure theyreflect the standards and norms of International Law.

1.3

Citizens must have the right for judicial review of all legislation irrespective oftime limits and to take action through the judiciary in cases where their rights are

violated by the state while utilizing power gained through legislations.

Recommendation 2: Independent, Impartial (de-politicized), Efficient and

Effective Judiciary:

2.1 Institutional arrangements must be made to safeguard the impartiality of decisions

related to judiciary affairs such as recruitments, appointments, transfers andpromotions of judges. This includes ensuring institutional and financial autonomy

of the judiciary.

2.2 Training of judges and capacity building of judiciary, including increasing theirknowledge of and commitment to upholding the norms and standards of

International Laws in the administration of justice.

2.3 Rewarding retired judges with state or government positions should be abolished.Retired judges services should be utilized solely for inquiry commissions.

2.4 Enhanced remuneration, proper housing and post retirement benefits should be

guaranteed to all judges in order to ensure their human security, professionalintegrity and honesty and to prevent them being influenced by external factors.

2.5 Complaints to the courts should be heard and judgments delivered within

reasonable time limits.

2.6 Courts and other tribunals must ensure effectiveness in order to restore the publicconfidence on the overall system of administration of justice

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2.7 Parliamentary oversight function of the Administration of Justice should beconducted through a multi-party mechanism consisting of both ruling and

opposition party members of parliament.

Recommendation 3: Enforcement of Laws:

3.1 The Police Force should be reformed in such a manner to ensure theirindependence, impartiality, efficiency and effectiveness

3.2. Legislations governing the Police should be reviewed and formed in order toensure modern era civilian policing in Sri Lanka and the accountability of thePolice to the citizens of the country.

3.3. Community policing should be promoted to ensure public confidence in thePolice.

3.4.

Policy formulations and decisions on recruitments, transfers, promotions anddisciplinary actions of police should be taken through an independent Police

Commission without any political or partisan intervention.

3.5. Mechanisms and procedures should be created and strengthened to ensureefficient and effective enforcement of laws without any discriminations or favors.

Recommendation 4: National Human Rights Institutions and Special Tribunals:

4.1 Recruitment and appointments of the members of all National Human Rights

Institutions, Special Judicial Tribunals and Inquiry Commissions should beconducted through independent, impartial and transparent processes.

4.2. The appointments should be confined only to one term and no appointments for

more than one term should be allowed.

4.3. Independent, impartial, efficient and effective functioning of these institutions andtribunals should be ensured through an effective oversight function of a multi-

party parliamentary mechanism.