One area in which the Human Rights Commission has an vital role to play, in terms of the National Human Rights Action Plan, is that of training the judiciary. This cannot be done easily by another branch of government, since it would not do for the executive to trespass on the independence of the judiciary. At the same time it is important that the judiciary observes high level norms in its operations, with regard both to its professional decisions as well as the administrative rules it sets for itself.
Foremost amongst these is the need to establish a mechanism to ensure that justice is swift. The number of dates given to lawyers is positively outrageous now, but one can see why magistrates and even judges give in to pleas. In a context in which indulgence is the norm, to stand out against this is difficult. The result is endless delays in settling cases and mounting expenses for litigants, including the state.
The answer is not easy, but the judiciary, with guidance from the HRC in terms of the Action Plan, should set itself benchmarks with reporting requirements from judges and magistrates. There should be performance indicators which should be examined and upon which promotions should be granted. Fortunately the present Chair of the HRC had tried to institute something of the sort when he chaired the Judicial Services Commission, and is therefore in a good position to encourage compliance with whatever regulations can be developed.
I was delighted last week to be told that the Human Rights Commission was receiving assistance from the Asia Pacific Centre which coordinates work with National Human Rights Commissions. When, following my appointment to convene the Task Force to promote and monitor action on the National Human Rights Action Plan, I met the HRC, I had been told that such assistance had been requested. I asked for a meeting, since I believe that the HRC is one of the core elements in the promotion of Rights in Sri Lanka, but I heard nothing, and later I was told that they had said they were too busy to meet me.
It was fortuitous that I found out they were present. During the Council of Asian Liberal and Democrats Congress that was held at Colombo, I noted the presence of the UN and on checking was told that a number of UN Human Rights personnel were staying.
The Ministry of External Affairs knew nothing about this, but I then checked with the UN Resident Coordinator who was helpful as always, and said he thought it was the Asia Pacific people who were working with the HRC. The chairman confirmed this, and kindly arranged a meeting for me at short notice.