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The decision had a direct impact in April 2006, when the mandates of the Human
Rights Commission members expired. Arguing that the Constitutional Council could
not appoint the new members because it was inoperative, the president appointed
the members himself. The president also directly appointed new members to the
National Police Commission. 254
The president’s appointments to the police and human rights commissions
contravened the letter and spirit of the 17th amendment. Sri Lankan human rights
groups protested that “[t]he failure of the government to implement the 17th
amendment to the Constitution and to establish a Constitutional Council has
rendered independent bodies such as the Human Rights Commission invalid and
impotent.” 255
The president’s unwillingness to constitute the council has undermined the
independence of the Human Rights Commission and the National Police Commission.
Both of these institutions are intended to provide some oversight of the behavior of
the government, and in particular the security forces. Both, if functioning properly,
could help to promote accountability for violations of human rights.
Throughout 2006 Sri Lankan organizations have filed petitions in courts to challenge
President Rajapaksa’s circumvention of the 17th amendment and his unilateral
appointment of individuals to serve on the commissions. Thus far they have all
failed. 256
The president has directly appointed more than one dozen commissioners to the
various commissions, including to the Human Rights Commission. Human Rights
254 While some constitutional experts believe the Constitutional Council must await the naming of its tenth member before it
can resume functioning, others believe the council can function with just nine members. With political will to ensure effective
implementation of the 17th Amendment, the President could refer the matter to the Supreme Court for a determination.
Furthermore, the speaker of parliament (ex officio chair of the Constitutional Council ) could rule which parties are entitled to
be part of the electoral college to elect the tenth member.
255 Joint statement of the Centre for Policy Alternatives, Civil Monitoring Commission, Free Media Movement, INFORM,
International Movement Against All Forms of Racial Discrimination, Law & Society Trust, and Rights Now, “Time for the UN
Human Rights Council to Turn Its Concerns on Sri Lanka into Action,” April 10, 2007,
http://www.lawandsocietytrust.org/PDF/Human%20Rights%20Council_Press%20Release.pdf (accessed May 30, 2007).
256 Teles Anandappa, “Court Rejects Petition, Calls for Action against Petitioners,” Sunday Times, July 2, 2006.
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Human Rights Watch August 2007