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Nihal Jayawickrema discusses the judiciary and human rights with the Anglo American Lawyer magazine

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Dr. Nihal Jayawickrama was the Ariel F. Sallows Professor of Human Rights at the University of Saskatchewan, Canada, and Associate Professor of Law at the University of Hong Kong, where he taught both constitutional law and the international law of human rights. He was also Chair of JUSTICE: the Hong Kong Section of the International Commission of Jurists, Executive Director of Transparency International Berlin, Chair of the Trustees of the Commonwealth Human Rights Initiative, London, and a Member of the Permanent Court of Arbitration at The Hague.

A member of the Sri Lanka Bar, he held the offices of Attorney General, and Permanent Secretary to the Ministry of Justice, having been appointed to that office at the age of 32. He was Vice-Chairperson of the Sri Lanka delegation to the United Nations General Assembly and served on the Third Committee which dealt with human rights issues. He is the Coordinator/Rapporteur of the UN sponsored Judicial Integrity Group which formulated the Bangalore Principles of Judicial Conduct and related instruments.

The AAL Magazine: Dr. Nihal Jayawickrama, we are truly honored by your consent to have a conversation with you especially on your book Judicial Application of Human Rights published by the Cambridge University Press which is now on its second edition. You have touched almost all the topics on human rights. I would say a very comprehensive book on human rights covering jurisprudence of the UN Human Rights monitories bodies. One reason is that you have had a long association with law – runs to around five decades – having been a Professor of Law and your abiding interest in promoting constitutional and human rights especially in Sri Lanka. If I may ask Sir, what really inspired you to write a book on the judicial application of human rights?

Dr. Jayawickrama: In 1978, shortly after I resigned from the Ministry of Justice following a change of government, I was asked by Mr. Paul Sieghart, a prominent Barrister in the United Kingdom and Chairman of JUSTICE, UK, whom I knew, whether I would be interested in researching the emerging body of international human rights law for a book which he proposed to write. I would be appointed a Research Fellow at King’s College, University of London, under the supervision of Professor James Fawcett, then President of the European Commission of Human Rights. I was also informed that the University was willing to enroll me to read for the Degree of Doctor of Philosophy if I wished to apply the results of my research in an appropriate way. I accepted both offers. My research on the jurisprudence of the Strasbourg institutions and of national courts was incorporated in Paul Sieghart’s pioneering work, The International Law of Human Rights, which was published by Oxford University Press in 1983. My thesis, which critically examined the governance of post-independence Ceylon/Sri Lanka by reference to international human rights standards, was accepted by the University for the award of the degree of Ph.D.

When I was nine years old, my parents were persuaded by my mother’s brother that I should leave my primary school in the southern town of Galle, and continue my education in his old school, Royal College, Colombo. Consequently, I lived in my uncle’s home in Colombo for the next 19 years, until my marriage in 1965. Meanwhile, my uncle who was a Crown Counsel became Attorney-General, Judge of the Supreme Court, and President of the Court of Final Appeal. He was also the President of the Geneva-based International Commission of Jurists. Justice T.S. Fernando Q.C., had a profound influence on my life. It was at our dinner table that I was introduced to the concept of human rights. His commitment to human rights in whatever capacity he served the State led to my own study of the subject and its application, both in the practice of my profession and in my capacity as the administrative head of the Ministry of Justice.

After I introduced a course on Human Rights Law at the University of Hong Kong, I found that the international human rights regime had strengthened considerably in the decade following the publication of Paul Sieghart’s book. More than 150 countries, spread over every continent had incorporated contemporary human rights standards into their legal systems. More than 100 countries had ratified the Optional Protocol to the International Covenant on Civil and Political Rights, thereby enabling their inhabitants to access the Human Rights Committee. Nearly all the countries of South and Central America had subscribed to the Inter-American Convention on Human Rights. The resulting jurisprudence had added a new dimension to the concepts that were first articulated in the Universal Declaration of Human Rights. Unfortunately, Paul Sieghart passed away in 1989. I offered to update his pioneering work, but Oxford University Press was not interested. Cambridge University Press, on the other hand, immediately recognized the need for what they described as “a definitive text on the subject”.

Writing a book which runs into over a thousand pages is difficult to combine with regular teaching at a university, as I soon discovered after I commenced preliminary work on it in Hong Kong. Fortunately, the privilege that the University of Saskatchewan accorded me, by nominating me to the Ariel F. Sallows Chair of Human Rights, enabled me to commence my writing in the exhilarating climate of the Canadian prairies. The first edition of my book was published in 2002, and the second edition in 2017.

The AAL Magazine: Why do you think human rights should be protected by the government and why do you think citizens should pursue their rights if governments have been lethargic on the political will to protect the rights of people?

Dr. Jayawickrama: Respect for human dignity and personality and a belief in justice are rooted deep in the religious and cultural traditions of the world. Hinduism, Buddhism, Judaism, Christianity, and Islam all stress the inviolability of the essential attributes of humanity. This religious and cultural tradition was complemented by many strands of philosophical thought that unfolded the concept of a natural law that was equally inviolable and to which all man-made law must conform. Philosophy began transforming into Law in historic documents such as the Magna Carta of 1215, the English Bill of Rights of 1689, the American Declaration of Independence of 1776, and the French Declaration of the Rights of Man and of the Citizen of 1789. However, it was the Second World War, and the events that preceded it in Germany, and in the territories under German occupation, where unprecedented atrocities were perpetrated on millions of its own people by the regime then lawfully in power, that led to the establishment of a set of superior standards to which all national law must conform – an overriding code of international human rights law.

The Charter of the United Nations was the standard-bearer. The member states of the United Nations have pledged themselves to act, both collectively and separately within their domestic jurisdictions, to secure universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. That is a legal obligation undertaken by the member states of the UN. The people, therefore, have the right to demand of their governments that the basic legal framework be established, and appropriate action be taken, to enable them to exercise and enjoy their fundamental human rights.

The AAL Magazine: The HR jurisprudence you had referred to in your book is quite comprehensive. It covers over 103 countries which is quite an exhaustive exercise. Which jurisdiction did you find most interesting in terms of the articulation of the rights, judicial reasoning or the remedies proposed by the different types of courts eg; in Europe , Latin America, India Australasia, South Africa or any other jurisdiction. You have mentioned that ‘jurisprudence rich in content and varied in flavor, from diverse cultural traditions, has added a new dimension to the concepts first articulated in the UDHR’. Could you please elaborate? Did you identify any methodology which is more prevalent in some jurisdictions but not in others etc.

Dr. Jayawickrama: At the international level, the Human Rights Committee established under the International Covenant on Civil and Political Rights has been the principal source of jurisprudence. At the regional level, the European Court and Commission of Human Rights and the Inter-American Court and Commission of Human Rights have been the principal sources. The Judicial Committee of the Privy Council has also played a significant role in interpreting and applying the Bills of Rights contained in the constitutions of British colonial territories. At the national level, the Supreme Courts of India and Canada, and the Constitutional Court of South Africa have made unique contributions towards the interpretation and application of civil and political rights. I should, however, mention that the Table of Cases on which I have drawn extends to 140 pages, and these include the decisions of superior courts in over a hundred countries from the Pacific to the Caribbean, and especially the Constitutional Courts in European States, all of which have also contributed to extending the frontiers of human dignity and freedom.

If I may give an example: the Universal Declaration of Human Rights proclaimed in 1948 that “Everyone has the Right to Life”. Article 6 of the ICCPR required that “This right shall be protected by law”, and that “No one shall be arbitrarily deprived of his life”. It recognized the death penalty as an exception and explained the circumstances in which it could be carried out. Of course, some years later, in the Second Optional Protocol, it expressly required the abolition of the death penalty. Meanwhile, through judicial interpretation, the application of Article 6 was extended to cover the unborn child; mentally or disabled persons; the aged, senile, and terminally ill persons; persons in detention; the extradition or deportation of persons; the concept of a healthy environment; access to medical services; war and nuclear weapons; and involuntary disappearances. The Supreme Court of India has described the right to life as taking within its sweep the right to food, the right to clothing, the right to a decent environment, and the right to a reasonable accommodation to live in. That Court also held that the right to life includes the right to livelihood.

The AAL Magazine: As you are well aware, the realization of economic, social and cultural rights are predicated on Government policies. However, reviewing Government policies that are consistent or inconsistent with constitutional principles and obligations under international human rights law is clearly a prerogative of the judiciary. While the judicial activism and attitudes in reviewing Government policy may vary from country to country, I suppose policy review is not policymaking. Do you think by taking decisions based on economic, social, and cultural rights would be seen as being overstepping its constitutional role. How does judicial activism come into play by ensuring such rights are upheld?

Dr. Jayawickrama: International law recognizes not only what may be described as civil and political rights, but also economic, social, and cultural rights. Sri Lanka, as a state party to the International Covenant on Economic, Social and Cultural Rights, has made a commitment to take measures to progressively achieve the realization of these rights for its citizens. Unfortunately, our Constitution does not recognize these as enforceable rights. Instead, it regards their achievement as “directive principles of state policy” which are not enforceable in any court. These rights are no less important than civil and political rights and are constitutionally protected in many countries.

To give a few examples: The right to work has been interpreted to imply a right not to be arbitrarily prevented from working as, for example, in a country in which the law requires a woman to obtain the permission of her husband in order to work. Also incompatible with this right is the requirement of a female civil servant to resign on marriage. The judicial interpretation of this right has led to the prohibition of forced labour; equitable, just, and reasonable wages; equal remuneration for work of equal value; safe and healthy working conditions; and equal opportunities for promotion. Therefore, I do not agree that the judiciary would be overstepping its constitutional role if it is called upon to monitor compliance by the government of economic, social, and cultural rights that are constitutionally guaranteed. After all, they cover such vital issues in peoples’ lives such as the right to adequate food; freedom from hunger; right to adequate housing; protection from forced evictions; access to sufficient water; right to social security; maternal child and reproductive health; environmental and industrial hygiene; and the right to academic freedom.

(To be continued)

(Mr. Srinath Fernando is the editor of the AAL magazine from which this article was excerpted)



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Putting people back into ‘development’ – a challenge for South

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In need of swift empowerment; working people of Sri Lanka.

Should Sri Lanka consider an 18th IMF programme? Some academicians exploring Sri Lanka’s development prospects in depth are raising this issue. It is yet to emerge as a hot topic among policy and decision-making circles in this country but common sense would sooner rather than later dictate that it be taken up for discussion by the wider public and a decision arrived at.

The issue of an 18th IMF programme was raised with some urgency locally by none other than Dr. Ganeshan Wignaraja,Visiting Senior Fellow, ODI Global London, one of whose presentations, made at the Regional Centre for Strategic Studies (RCSS), Colombo, was highlighted in this column last week, May 7th. An IMF programme is far from the ideal way out for a bankrupt country such as Sri Lanka but a policy of economic pragmatism would indicate that there is no other way out for Sri Lanka. Such a programme is the proverbial ‘Bird in the hand’ for Sri Lanka and it may be compelled to avail of it to get itself out of the morass of economic failures it is bogged down in currently.

While local economic growth possibilities are far from encouraging at present, such prospects globally are far from bright as well. Some of the more thought-provoking data in the latter regard were disclosed by Dr. Wignaraja. For example, ‘The IMF’s April 2026 World Economic Outlook projects global growth slowing to 3.1 percent in 2026; with downside risks dominating: prolonged conflict, geopolitical fragmentation, renewed trade tensions, bearing down hardest on emergent and developing economies.’

However, as is known, an ‘IMF bailout’ is fraught with huge risks for the people of a developing country. ‘The Silver Bullet’ brings hardships for the people usually and they would be required by their governments to increasingly ‘tighten their belts’ and brace for perhaps indefinite material hardships and discontent. For Sri Lanka, the cost of living is unsettlingly high and 20 percent of the population is languishing below the poverty line of $ 3.65 per day.

These statistics should help put the spotlight on the people of a country, who are theoretically the subjects and beneficiaries of development, and one of the main reasons, in so far as democracies are concerned, for the existence of governments. Placing people at the centre of the development process is urgently needed in the global South and shifting the focus to other considerations would be tantamount to governments dabbling in misplaced priorities.

Technocrats are needed for the propelling of economic growth but a Southern country’s main approach to development cannot be entirely technocratic in nature. The well being of the people and how it is affected by such growth strategies need to be prime focuses in discussions on development. Accordingly, discourses on how poverty alleviation could be facilitated need urgent initiation and perpetuation. There is no getting away from people’s empowerment.

In the South over the decades, the above themes have been, more or less, allowed to lapse in discussions on development. With economic liberalization and ‘market economics’ being allowed to eclipse development, correctly understood, people’s well being could be said to have been downplayed by Southern governments.

The development issues of Southern publics could be also said to have been compounded over the years as a result of the hemisphere lacking a single and effective ‘voice’ that could consistently and forcefully take up its questions with the global powers and institutions that matter. That is, the South lacks an all-embracing, umbrella organization that could bring together and muster the collective will of the South and work towards the realization of its best interests.

This columnist has time and again brought up the need for concerned Southern sections to explore the potential within the now virtually moribund Non-Aligned Movement to reactivate itself and fill the above lacuna in the South’s organizational and mobilization capability. In its heyday NAM not only possessed this institutional capability but had ample ‘voice power’ in the form of its founding fathers, with Jawaharlal Nehru of India, for example, proving a power to reckon with in this regard. The lack of such leaders at present needs to be factored in as well as accounting for the South’s lack of power and presence in the deliberative forums of the world that have a bearing on the hemisphere’s well being.

The Executive Director of the RCSS, Ambassador (Retd) Ravinatha Aryasinha, articulated some interesting thoughts on the above and related questions at a forum a couple of months back. Speaking at the launching of the book authored by Prof. Gamini Keerewella titled, ‘Reimagining International Relations from a Global South Perspective’, at the Bandaranaike Centre for International Studies, Colombo, Amb. Aryasinha said, among other things: ‘Historically, there is a precedent that has been realized by the Non-Aligned group of countries – unfortunately, rather than being reformed and modified at the end of the Cold War, it has been tossed away.’

The inability of the nominally existent NAM to come out of its state of veritable paralysis and voice and act in the name of the South in the current international crises lends credence to the view that the organization has allowed itself to be ‘tossed away.’ The challenge before NAM is to prove that it is by no means a spent force.

As indicted, NAM needs vibrant voices that could advocate value-based advancement for the global South. Moral principles need to triumph over Realpolitik. Such transformative changes could come to pass if there is a fresh meeting of enlightened minds within the South. Pakistan by offering to mediate in the ongoing conflict between the US and Iran, for instance, proved that there are still states within the South that could look beyond narrow self-interest and work towards some collective goals. Hopefully, Pakistan’s example will be emulated.

Along with Pakistan some Gulf states have shown willingness to work towards a de-escalation of the present hostilities in West Asia. This could be a beginning for the undertaking of more ambitious, collective projects by the South that have as their goals political solutions to current international crises. These developments prove that the South is not bereft of visionary thinking that could lay the basis for a measure of world peace. That is, there are grounds to be hopeful.

NAM needs to see it as its responsibility to make good use of these hopeful signs to bring the South together once again and work towards the realization of its founding principles, such as initiating value-based international politics and laying the basis for the collective economic betterment of Southern people.

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Artificial Intelligence in Academia: Menace or Tool?

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(The author is on X as @sasmester)

I have often been told by university colleagues how soulless and dangerous ‘artificial intelligence’ (AI) is to academia and humanity. They lament that students no longer read anything as they can now get various AI programmes to summarise what is recommended which is mostly in the English language to Sinhala or Tamil or get easier versions in English itself. They get their assignments and even dissertations fully or partially written by AI. And I am led to believe that universities do not have reliable detection software to assess plagiarism and academic fraud that have been committed using AI beyond the software freely available on the internet with their own limitations. This is due to financial restrictions in these institutions. Even these common malpractices have been done mostly with the aid of free AI programmes which are readily available, which means cheating in this sense is free and mostly safe. For teachers, this is a ‘menace’ in the same way ‘copying’ once was. But its implications are far worse.

But given the global investments made over AI, it cannot be wished away despite the enormous negative impact its use has on the environment, particularly due to its massive demand for energy. So, AI is with us to stay, and it has a considerable role to play in human civilisation even though like most innovations and inventions, this too carries its own burden of negativity. In this context, instead of demonising AI and lamenting its replacement of human agency and ingenuity, one needs to think seriously about how to deal with and engage with it reflectively and pragmatically as there is much it can offer if people are intelligent enough to make rational and sensible choices.

When I am making these observations, I am restricting myself to a handful of practices involving only writing both in university-based examination processes and in the fields of creative writing.

My initial introduction to AI was through the Research Methods class I used to teach in New Delhi. In 2022, this class was supposed to go to Dharmshala in Uttar Pradesh for fieldwork training, and we needed to write a funding proposal quickly. One of the students in the class, already familiar with ChatGPT introduced by OpenAI as a free programme in 2022, did the proposal with its help before the two-hour class was over. I edited it soon after and sent it off to the university administration for funding which we received. That stint of field work was completed in five days and was the most detailed work undertaken as a training programme up to that time in the university which had considerable output ranging from a documentary film to a detailed ethnography based on the findings.

While the technical details, the format of the proposal and its basic writing were done by AI due to the time constraints the class faced, its fine-tuning was done by me and a few students. AI could not then and even now cannot undertake that level of specificity without close human intervention. But the film, the ethnography and the actual process of research had nothing to do with AI. It was the result of human labour, thinking, planning and at times creativity and ingenuity. This was an early example of how AI could coexist in an academic environment if its technical usefulness was clearly understood and potential for excesses was also understood. But this was a time, easily accessible AI was just emerging, and we did not know much about it. But I was fortunate enough to have intelligent students in my class who gave me a crash course into this kind of AI use, which I followed up with my own reading and experimentation later on. As a result, I am keener now to see how it can be used for the betterment of academic practice rather than taking an uncritically demonising position, which I know will not lead anywhere.

But how is this possible? The lamentations of my colleagues about the abuse of AI in academic practice is not unfounded. It is a serious threat that remains mostly unaddressed not only in our country but almost everywhere else in the world too. This is mostly because the advancements of AI even in day-to-day free usage have far exceeded any thoughts for actionable codes of ethics to ensure its practice is sensible and ethical. At the same time, I cannot see why a student should not use AI to correct his spelling and grammar in assignments. I also cannot see why a student cannot seek AI’s help to secure research material from secondary sources available online which I have been doing for years. For instance, the originals of specific books and rare manuscripts might not be available in any repositories in our part of the world. In such situations, what AI might find us is all we have access to in a world where we are restricted in our mobility due to semi-racist visa regimes of failed empires and former superpowers as well as our own lack of ability to travel due to our own unenviable economic conditions. But unfortunately, the materials we need are often only available in research centers and libraries in those nations.

Similarly, when it comes to academic prose, it makes no sense now to take years to translate works from multiple languages to Sinhala and Tamil. This has always been a time-consuming, cumbersome and expensive process. Non-availability of Sinhala and English translations of core originals in languages such as English, French, German and so on has been a long-term problem for our country. But this can now be done well – at least from English to our languages – quite quickly and with a very low margin for error by using specific AI programmes which are meant to do precisely this. What this means is a quick expansion of knowledge in local languages which would have ordinarily taken years to achieve or might not have been possible at all. But still, this needs significant human intervention and time towards perfection. However, I do not think AI-based translations work as well for fiction and poetry or creative works more generally. But the ability for AI to emulate nuance and feeling in language is fast emerging. These are two clear examples of improving technical abilities in research and writing in which AI can be of help.

But looking for sources of information with help the help of AI or using it as a tool to undertake essential translations from one language to another is quite different from simply using it without ascertaining the accuracy of collected information, getting AI to do all your work without any reflection or without any hard work at all, including engaging AI to do the final product in a writing assignment — be that a term paper or a work of fiction. If one proceeds in this direction, as many unfortunately do nowadays, then, our ability to think and be creative as a species will become diminished over time and our sense of humanity itself will take a toll. This is what my colleagues worry about when they say AI is making younger generations soulless.

It is here that ethical practices on how to use AI responsibly without compromising our sense of humanity must play a central role. But these ethical practices must be formally written and taught, followed by viable programmes for detection and publication if unethical practices are followed. This needs to be the case particularly in teaching institutions as well as the broader domain of creative writing. After all, what is the fun in reading a novel or a collection of poetry written by AI?

It is time people began to think about what AI can do in their own fields without falling prey to its power and their own laziness. This brings to my mind Geoffrey Hinton’s words: “There is no chance of stopping AI’s development. But we need to ensure alignment; to ensure it is beneficial to us …” Similarly, as Yann LeCun observed, “AI is not just about replicating human intelligence; it’s about creating intelligent systems that can surpass human limitations.” In this sense, it is up to us to find our edge in creativity and common sense to find the most sensible way forward in using AI.

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Engelbert’s 90th birthday bash

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The legendary Engelbert Humperdinck, who is known for his hit songs such as ‘A Man Without Love’, ‘Release Me’, ‘Spanish Eyes’, ‘The Last Waltz’, ‘Am I That Easy To Forget’, ‘Ten Guitars’ and ‘I Can’t Stop Loving You’, turned 90 on 02 May, 2026, and there were some lovely Hollywood-related celebrations.

Before his birthday, Engelbert’s new single ‘I’ve Got You’ was released – on 23 April – and Engelbert had this to say: “‘I’ve Got You’ is especially close to my heart. It speaks to love, loyalty, and the quiet strength we find in one another”.

The main birthday event was held at The Starlight Cabaret, in Los Angeles, California, and Sri Lankan Raju Rasiah, now based in the States, and his wife Renuka, who are personal friends of Engelbert, were invited to participate in the celebrations, along with Ingrid Melicon – also a Sri Lankan, now domiciled in America.

The invitation said “An evening of music, memories and celebration. Let’s make it a night to remember!” And it certainly turned out to be a night never ever to be forgotten!

Invitees experienced a “magical entrance” with Engelbert’s name lighting up the screen and showing him performing his hit songs.

The invitees were also presented with a unique gift – a necklace with Engelbert’s face, engraved with the words “Remember, I Love You.”

Engelbert’s son, Bradley Dorsey, sang a tribute song ‘Only You’ for his dad, while Eddy Fisher’s daughters, Tricia and Joely, also got on stage to entertaining the distinguish gathering.

Engelbert didn’t perform but got on stage for the cutting of the birthday cake.

There was also a video compilation of birthday wishes from fellow celebrities, and the lineup included Gloria Gaynor, Micky Dolenz, Wayne Newton, Pat Boone, Lulu, Judy Collins, Deana Martin, Angélica María, Rupert Everett, Matt Goss, and more.

Birthday boy Engelbert Humperdinck

At 90, Engelbert is still performing. He’s on THE CELEBRATION TOUR for his 90th year, with over 50 international dates in 2026, including Australia, Germany, the US, and Canada. He’ll be at Massey Hall in, Toronto, on 06 October, 2026. He said: “The stage is my home… Canada has always been a highlight”.

He performed 60+ concerts, worldwide, in 2025, and says karaoke keeps his songs fresh: “Most of my songs are on karaoke because people love to sing them”.

 

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