Stop intimidating judiciary,end undermining democracy,hold elections

We note with dismay the attempts being made by the President and some Members of Parliament of the government to intimidate the judiciary on the false pretext that the Supreme Court has violated the privileges of the Members of Parliament. This allegation has been made after the Supreme Court granted leave to proceed with a fundamental rights application filed against the withholding of funds for the purpose of conducting local government elections. The Court has also made an interim order restraining several state functionaries from withholding any funds allocated by the Budget for the year 2023 for the purpose of conducting the local elections.

We vehemently condemn these fresh actions by the government to undermine the democratic process of our country. We also fully endorse the statement issued by the Bar Association of Sri Lanka on this matter. The BASL has warned that any attempt to interfere with the independence of the judiciary is a serious affront to the rule of law, the rights of the people of the country, and democracy.

We further note that these attempts by the ruling party Members of Parliament mark a joint effort by both the executive and sections of the ruling party in the legislature to further undermine the legally mandated local government elections from being held. It is reprehensible that the government, after the repeated failure of several attempts to force the election commission to abandon its plans to hold the election, has now chosen the judiciary as the target of its attacks.

This shows a dangerous pattern of government behaviour in which no independent institutional space – whether the independent commissions or the judiciary – is tolerated in its attempts to stay in power. It wants to prevent at any cost the people’s voice from being expressed through an election, which is the most effective and peaceful way available to the people in any democratic society to express their political preferences and choices.

What these new developments show is that Sri Lanka’s fragile democracy is under severe attack orchestrated by the President and the ruling party, using both executive and legislative powers they wield. Therefore, all Sri Lankan citizens, political parties and civil society and other mass organisations, as well as the international community, need to be alert to the urgent need to protect democratic space at every level. Sri Lanka has a history of ruling parties attacking the independence of the judiciary during the 1970s and 1980s and later as well, aimed at serving the individual and partisan ambitions of those in power. Those have only led to greater political instability, civil unrest and the deepening of the existing political crises.

Thus, defending the free space for independent judgement, action, and dissent, free from capricious interference and threats from those who hold political power, has once again become an urgent task in the agenda for protecting democracy in Sri Lanka.

We call upon the government and all those responsible for holding the elections to do so without delay or hindrance and thereby uphold and protect democratic governance and Government in Sri Lanka. We also urge the government to cease its attacks on the judiciary, an institution whose integrity and independence is pivotal to democracy in our country. We stress that the confrontational and arrogant approach currently adopted by this administration is wholly counter-productive. It even negates the interests of the people whose rights and well-being the government is duty-bound to serve with diligence and competence in an accountable manner.

Finally, we demand that the President and the government desist from interfering with the judiciary or the election commission curtailing their independence in a manner that impedes the people’s democratic liberties and rights.

End misusing political power to harm the country’s democratic institutions and processes for their partisan and personal political interests and ambitions.

Respect the interim order of the Supreme Court on the local elections.

Signatories :

1. Ameer Faaiz

2. Anberiya Hanifa

3. Aneesa Firthous

4. Anoma Rajakaruna

5. Anushaya Collure

6. Austin Fernando

7. Bhavani Fonseka

8. Binendri Perera

9. Buhari Mohamed

10. C. Chandrasekera

11. C. Ranitha Gnanarajah, AAL

12. Deekshya Illangasinghe

13. Divya Mascranghe

14. Dr. Chulani Kodikara

15. Dr. Devanesan Nesaih

16. Dr. Jayampathy Wickramaratne, President’s Counsel

17. Dr. Joe William

18. Dr. Kalana Senaratne, University of Peradeniya

19. Dr. Lionel Bopage, Australian Advocacy for Good Governance in Sri Lanka

20. Dr. Maduranga Kalugampitiya, University of Peradeniya

21. Dr. Mario Gomez

22. Dr. P. Saravanamuttu

23. Dr. Proomika Seelagama, University of Peradeniya

24. Dr. Rajni Gamage, National University of Singapore

25. Dr. Ramesh Ramasamy

26. Dr. Sakuntala Kadirgamar

27. Dr. Sudesh Manthilaeke, University of Peradeniya

28. Dr. Vinya Ariyaratne

29. Dr. Visakesa Chandrasekaram

30. Fr. Jeevantha Peiris

31. Gamini Viyangoda

32. Geoffrey Alagaratnam, President’s Counsel

33. Jagath Siriwardena

34. Jeane Samuel

35. Jehan Perera

36. Mahaluxumy Kurushanthan

37. Minoli de Soyza

38. Mirak Raheem

39. Neelika Subasinghe

40. Niluka Perera

41. P. Muthulingam

42. Pamoda Jayasundara, University of Peradeniya

43. Pasan Jayasinghe

44. Prabodha Rathnayaka

45. Prashandini Uthayakumar, AAL

46. Priyantha Fonseka, University of Peradeniya

47. Prof. A. M. Navarathna Bandara

48. Prof. Arjuna Parakrama, University of Peradeniya

49. Prof. Deepika Udagama, University of Peradeniya

50. Prof. Emeritus Jayadeva Uyangoda, University of Colombo

51. Prof. Emeritus Kapila Gunasekera, University of Peradeniya

52. Prof. Emeritus. Siri Hettige, University of Colombo

53. Prof. Emeritus. Vijaya Kumar, University of Peradeniya

54. Prof. Farzana Haniffa, University of Colombo

55. Prof. Gameela Samarasinghe, University of Colombo

56. Prof. Godwin Constantine, University of Colombo

57. Prof. Liyanage Amarakeerti, University of Peradeniya

58. Prof. Neil DeVotta

59. Prof. Nirmal Ranjith Devasiri, University of Colombo

60. Prof. Sasanka Perera, South Asian University, New Delhi

61. Prof. Saumya Liyanage, University of Visual and Performing Arts

62. Prof. Sivamohan Sumathy, University of Peradeniya

63. Prof. Tony Anghie, National University of Singapore

64. Prof. Vasuki Nesaih

65. Radhika Coomaraswamy

66. Rajan Hoole

67. Renuka Senanayake

68. Rohana Hettiarchchi

69. Rosanna Flamer- Caldera

70. Roshan De Silva

71. Sanjaya Karunasena

72. Sankhitha Gunaratne

73. Saroj Pathirana

74. Sathya Ramanayake

75. Sharmaine Gunaratne

76. Shreen Saroor

77. Shyamala Gomez

78. Stanislaus Celestine

79. Susantha Rajapaksa, University of Peradeniya

80. T. Jayasingam

81. T. Mathuri, AAL

82. Tissa Jayatilaka

83. V.S.S. Thananchayan

84. Vijula Arulanantham