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property. The absence of civil conflicts and a smaller crime
rate (34 per cent) contributed to this attainment. Thirty years
of civil war ended in 2009, promising reconciliation among
the country’s diverse ethnicities. The country’s safety index
(65.61) indicates a safer society. Relatively high scores were
given to other factors including regulatory enforcement (0.5),
constraints on government powers (0.53) and fundamental
rights (0.52). The absence of improper influence due to a
high level of scrutiny and effective execution might be the
reason for high scores in regulatory enforcement. The score
of constraints on government powers is remarkably high
due to the legal transition of power. The sovereign power of
the people has been transferred to the rulers through timely
elections. The independent auditing procedures, including
Parliamentary Committees on Public Enterprises (COPE)
and Public Accounts (COPA), are actively contributing to
this. Further, comprehensive and secure labour rights and
a recognition of certain rights as fundamental, such as
freedom of thought, religion, expression, and association
and the right to equality under the constitution have also
contributed to ensuring democracy.
In contrast, civil justice, criminal justice, absence of
corruption and open government are areas in which the coun-
try’s performance is unsatisfactory. Civil justice measures
the capacity of ordinary people to resolve their grievances
peacefully, impartially and effectively through the civil
justice system. The Minister of Justice pointed out that delays
in land, property and marital cases are barriers to economic
development. Delays in prosecutions and pending investi-
gations related to civil cases are major issues in Sri Lanka.
The number of pending cases generally exceeds 65,000. It
is the common experience of ordinary people to wait years
for the resolution of court cases pertaining to land issues,
personal relations, or business. Criminal suspects are jailed
and wait for the completion of preliminary legal proceedings
to prove their innocence or guilt. Administration of justice in
Sri Lanka is ineffective due to the accumulation of unheard
cases and overcrowded prisons. This leads to loss of faith in
the legal system and social turmoil. Incorporation of infor-
mation technological tools will enable a speedy resolution
to such backlogs. The revisions of country’s Civil Procedure
Code and Criminal Procedure Code would possibly contrib-
ute to minimizing these delays. Protection of witnesses’ and
accused persons’ rights is another aspect where legal provi-
sions have to be enacted. The government should set up
mechanisms to ensure due process of law and timely, effec-
tive adjudication in delivering criminal justice.
Corruption is an ailment that holds back the effective
delivery of public service. The WJP Rule of Law Index
reveals that the legislature is the most corrupt institution
in Sri Lanka. The descending trend of the country’s score
for absence of corruption since 2012 indicates the continua-
tion of bribery, improper influences, and misappropriations
of public funds and resources. The pathetic truth is that the
rulers are corrupt. Waiving rules and bending regulations for
private gain is common.
The Sri Lankan constitution identified the fundamental
right to equality as “all persons are equal before law”. But
other laws create immunity for the president, parliamen-
tarians and higher officials. Presidential immunity is the
most controversial element in the present constitution. The
recent amendment to the constitution has perpetuated this
immunity in a mild form as shown in Article 35(1) as: “While
any person holds office as President of the Republic of Sri
Lanka, no civil or criminal proceedings shall be instituted or
continued against the President in respect of anything done
or omitted to be done by the President, either in his official
or private capacity.”
Further, the lack of independence of the judiciary is
extremely destructive to the general public’s value of the rule
of law. The present constitution enables extensive executive
powers to the president including the authority to appoint
the prime minister, cabinet of ministers, the chief justice and
other judges of the supreme court, as well as the president and
other judges of the court of appeal. The separation of power
is widely recognized as the core principle of a democratic
state. Safeguarding an independent judiciary that is free from
undue political influence to impartiality is a key concern in
protecting the rule of law in a constitutional democracy. The
International Bar Association suggests that appointments of
judges should be executed through an independent process
of assessment, based on merit, with names being forwarded
to the president or minister of justice for final appointment.
Matters related to the appointment, transfer, discipline,
dismissal or retirement of judges are necessarily determined
by a transparent and accountable system.
The openness of government is another dimension of
the Rule of Law Index in which Sri Lanka does not score
so highly. It measures the degree to which the government
shares information, empowers citizens, is accountable for
results, and fosters public participation in policy making and
implementation processes. However, the Right to Information
Act of 2017 leaves hope for new opportunities for citizens’
active participation in governance and in promoting govern-
ment accountability.
At this juncture, the present government simply cannot
disregard the trend in the Rule of Law Index scores. The
government has given hope for the guarantee of good govern-
ance and justice. The constitutional revision in progress is a
promising initiative. It is high time to incorporate necessary
revisions to the new constitution to uphold the rule of law and
justice in the country which can only promise a better world.
Candlelight vigil in Colombo, marking
International Day of the Disappeared
Sri Lankan lawyers protest outside
the high court in Colombo
Image: Ishara S.Kodikara/AFP/Getty Images
Image: Lakruwan Wanniarachchi/AFP/Getty Images