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From independent Commissions to independent Commissioners

Politicians, professionals, academics, the clergy and intellectuals of varying types had been campaigning for the institution of "independent Commissions" to strengthen or safeguard democracy in the country.

We have right along taken the view that these "independent Commissions" though valuable as tools of democratization could not ensure democracy as long as a fratricidal war continues in our land.

War, of necessity, curtails democracy and individual freedom. Hence, ending war and pursuing a political solution to the ethnic conflict should have been the first priority of all genuine democrats. It is sad to note that those democrats who were more obsessed with Commissions have relegated this essential problem to the background.

Some of the proponents of the Commissions were so obsessed with the idea of independence they believed the establishment of the Commissions was a panacea for all ills that afflict Sri Lanka.

Independence, we would like to remind them, is a relative term. In a politically polarized society as ours there cannot be absolute independence of persons or institutions.

The long wrangling over the composition of the Commissions shows the partisan interest shown by political parties, especially the UNP to wrest political control of the "Constitutional Council".

Now that the Commissions have been legislated the wrangling is over the Commissioners.

It is naive to believe that Commissioners just like the Commissions could be absolutely independent. The United National Party seems to believe that the appointment of retired judges of the apex courts would ensure independence.

If one recalls the wholesale expulsion of the Supreme Court and the appointment of politically reliable benches by late President J.R. Jayewardene it would be too naive to believe that a retired justice could be independent simply by virtue of the position he held.

The persons to be included in the Constitutional Council and the Commissions should be men of integrity, whether they are judicial officers or not. Such men could be trusted to take impartial decisions irrespective of their political inclinations and sympathies. Sri Lanka is not bereft of such men.

The UNP, which takes pride in calling the 17th Amendment its own baby, has been now belittling its worth since they failed to wrest the majority of the Constitutional Council in its favour.

This gives rise to a justifiable doubt whether they were genuine in their effort. The resurrection of the No Confidence Motion against the Government shows that their target number One is to grab power by whatever means. The parliamentary conspiracy they began several months ago seems to be gathering momentum again. To this end the UNP and moneybags in their service will spare no efforts to win dissident elements from the PA. But history has shown that political scum that sell the interests of the country for a mess of porridge would soon bite the dust.

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