A Better World Volume 2

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] 51

ust

, P

e aceful

and

nclusi v e

ocieties

Hope for justice – the readiness of Sri Lanka to

uphold the rule of law

Aruna Muthulingam and M S Dimuthu Kumari, Lecturers, Department of Public Administration,

University of Sri Jayewardenepura, Sri Lanka

ri Lanka is renowned as the pearl of the Indian

Ocean, with a sustained history of justice over centu-

ries. However, recent incidents of ethnic conflicts

have tarnished the country’s reputation and branded it

the tear drop in the Indian Ocean. However, these dark

clouds have passed. The initiations of the present national

unity government including the restoration of the constitu-

tional council, the creation of an independent human rights

commission, ratification of the convention for the protec-

tion of all persons from enforced disappearance, and a new

act of right to information are milestones that offer hopes of

justice. People have begun to enjoy the fruits of democracy.

The Keppapulavu land issue has indicated that the people

are able to fight for their rights. People have demanded the

return of land occupied by the armed forces and the govern-

ment has resolved the issue by assuring release of the land.

The present government has promised to ensure justice for

all. Today, the Rule of Law, previously a technical term,

becomes the layman’s buzzword.

The rule of law asserts that countries are governed by law, not

by rulers. Everybody, including the lawmakers themselves,

are therefore subject to the law. No politician, government

official or institution is free to exercise arbitrary power. In a

broader sense, the rule of law implies the absence of injustice,

non-discrimination, respect for human rights, transparency,

accountability, fair trials, the independence of the judiciary,

and equality before the law. All of these areas play significant

roles in achieving a more efficient economy and enabling a

happy and contented life for the people.

It is generally acknowledged in academic literature that

sustainable development and justice – or in broader terms

the rule of law – are hand in glove. The United Nations

Development Programme (UNDP) declares sustainable devel-

opment to be a universal hope to end poverty, protect the

planet and ensure peace and prosperity for all. Sustainable

development means not only material, but economic, social

and environmental growth.

Effective enforcement of the rule of law helps to sustain

development in all aspects. Economic development can be

enhanced by reducing corruption, ensuring property rights,

and building investors’ trust in the legal system. Social devel-

opment can also be enhanced through broadening access to

justice and empowering marginalized groups to fight against

injustice. Also, it improves the lives of ordinary people

and upholds their rights, allowing them to live in dignity.

Environmental development can be enhanced with a legal

system that is concerned with environmental deprivation.

Therefore, the rule of law is an important cornerstone of

sustainable development. The inclusion of ‘Peace, Justice and

Strong Institutions’ as a new goal for the post-2015 develop-

ment agenda is timely. It urges all governments to value the

rule of law in achieving their development goals.

The government of Sri Lanka, elected to power in 2015,

presented a mandate to inculcate good governance practices

and rule of law. The public has waited for almost two years

to realize the results of the new government’s initiatives, but

its gradual slip in the Rule of Law Index – published by the

World Justice Project (WJP) – invites Sri Lanka to rethink its

readiness to protect justice. Sri Lanka’s score had been drop-

ping since 2012 and was ranked 68th among 113 nations in

2016. However, the country has managed to retain its rank

in third place among other South Asian countries.

The Rule of Law Index is a valuable annual review which

gives a comprehensive picture of the extent to which coun-

tries adhere to the rule of law in practice. The index has

been designed based on eight factors, including absence of

corruption; order and security; fundamental rights; open

government; regulatory enforcement; civil justice; and crimi-

nal justice. The index is the reflection of the perceptions of

citizens and experts in each country.

Sri Lanka’s highest score – 0.68 for order and security –

implies that the nation assures the security of persons and

Women conduct a silent protest to commemorate the International Day of the

Victims of Enforced Disappearances in Colombo, 30 August 2016