Pigs might fly

Wednesday 3rd November, 2021

The government has reportedly claimed that the so-called one-country-one-law Presidential Task Force (PTF) will play only an advisory role. A member of the PTF is reported to have said the outfit has no powers to make laws and it will only make recommendations. Anyone with an iota of knowledge of legislative affairs knows that a task force is not vested with powers to make laws. But according to the gazette carrying the presidential proclamation at issue, the PTF has been appointed ‘to make a study of the implementation of the concept, ‘One Country, One law; within Sri Lanka and prepare a draft Act for the said purpose’. Thus, it is clear that the PTF has been assigned to prepare ‘a draft Act’, which, in our book, means a draft Bill to be published to enable consultation and pre-legislative scrutiny of proposed legislation. It could be considered part of the law-making process.

As for the one-country-one-law concept, what the people basically demanded was that nobody be allowed to remain above the law. Ruling politicians and their kith and kin enjoy legal immunity to all intents and purposes thanks to the prevailing culture of impunity. They are free to attack opponents, carry out rackets, and help themselves to public funds. This has happened during the past several decades.

Sri Lanka’s predicament reminds us of George Orwell’s dystopian novella, Animal Farm, where the ruling pigs declare, “All animals are equal, but some animals are more equal than others,” and remain above the law. What Sri Lankans actually want is to have the culture of impunity ended so that the ‘political pigs’—no disrespect intended for the harmless hoofed mammals—will be denied legal immunity, and treated like everyone else before the law.

Following every regime change, legal action is instituted against the members of the losing side for various offences such as the abuse of power, theft of public funds, corruption and even murder. Court cases drag on for years, and before they are concluded, the accused return to power. Thereafter, the cases against them are withdrawn on flimsy grounds, and the Attorney General cuts a pathetic figure by trying to justify his or her decisions to discontinue legal action. There has been a severe erosion of public faith in the legal and judicial processes owing to their manipulation by politicians.

It was to restore the rule of law, and public faith in the legal and judicial processes that civil society organisations, opinion leaders, the media, etc., have been asking for the discontinuation of the existing culture of impunity. True, the existence of various personal laws has become problematic, and a remedy should be adopted, but what needs to be done immediately, in keeping with the wishes of the public, is to end the existing culture of impunity, which benefits only the rich and the powerful.

How can we expect the concept of ‘One country, One law’ to be implemented under a government, which engineers the termination of legal and judicial action against its members, and appoints to key positions convicted criminals and other such elements after giving them presidential pardons? During the tenures of President Mahinda Rajapaksa, President Maithripala Sirisena and the incumbent President Gotabaya Rajapaksa, convicted drug dealers, murderers and a person serving a jail term for contempt of court, have been given presidential pardons. These three leaders are in the current administration, which is making a public display of its commitment to making one law for the whole country.

The government would have the public believe that it is all out to restore the rule of law. And pigs might fly.