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 their

positions, to the rule of law without misusing or abusing their powers or positions
should be ensured.

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

1.3 Citizens must have the right for judicial review of all legislation irrespective of
time 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 and
promotions of judges. This includes ensuring institutional and financial autonomy
of the judiciary.

2.2 Training of judges and capacity building of judiciary, including increasing their
knowledge 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, professional
integrity 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 public
confidence on the overall system of administration of justice

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2.7 Parliamentary oversight function of the Administration of Justice should be
conducted 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 their
independence, impartiality, efficiency and effectiveness

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

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

Police.

3.4. Policy formulations and decisions on recruitments, transfers, promotions and

disciplinary 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 ensure

efficient 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 be
conducted 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 and
tribunals should be ensured through an effective oversight function of a multi-
party parliamentary mechanism.