It may be of interest to those concerned with legal and judicial reforms in Sri Lanka that the World Bank has been contributing to such a reform project for several years now. According to a project appraisal document on a proposed credit of USD 18.2 million, published in 2000 and found online,
“The broad project development objectives are to improve upon the existing legal and judicial framework by making it more efficient, transparent and responsive to the needs of the public at large and of the private sector in particular.”
Whether the development is in the public or private sectors, legal and judicial reform is a critical issue, to which fact the Asian Human Rights Commission has been consistently drawing attention. Specific objectives such as addressing delays in adjudication, modernizing the legislative framework as well as improving the access, transparency, administration and infrastructure of the judiciary and related institutions have been expressed by the World Bank. More significantly, the project document states that
“the proposed project will support the government of Sri Lanka’s long term legal and judicial reform programme and includes a selected set of priority activities identified by the government as a first phase of this programme.”
The Judicial Services Commission was identified by the World Bank as a key player in legal and judicial reforms.
“The governance structure of the judiciary includes the Judicial Services Commission which consists of one chief judge and two other judges as well as 89 personnel. The JSC is responsible for development and implementation of policies, including the selection, promotion, discipline, and transfer of lower court judges and court personnel. They are also responsible for providing court statistics and general administration issues. The JSC receives and, at least in theory should investigate and respond to these complaints against judges as well as court personnel. Many of the complaints received refer to delay, incompetence and improper conduct. Currently, the JSC cannot carry out its administrative functions effectively due to a lack of qualified staff. There is no systematic planning mechanism, human resource issues are not given necessary attention, and management information and statistical reporting is done on an ad hoc basis, leading to inaccurate data which is hard to monitor over time. Another constraint faced by the courts is the lack of basic amenities required for a modern judiciary as most buildings have not been repaired in many years. Most courts are in urgent need of renovation, as well as new furniture and office equipment.”
Aware of the obstacles faced by the Judicial Services Commission, the World Bank suggested the following measures:
“The administrative reform subcomponent will assist the Judicial Services Commission, the administrative body for the court system as a whole, to undertake a fundamental reorganization of its own administrative structure and of the administrative structure of the court system as a whole, including court and case management as well as improve its ability to manage the disciplinary process. A judicial sector analysis will be carried out to facilitate the reforms designed by the JSC as well as to further a judicial reform strategy. The model courts subcomponent will introduce the administrative reforms developed through the JSC on the local level at up to 25 selected court-clusters, on a trial basis, together with necessary infrastructure and modification.”
In the five years since this project was initiated, very few of these measures have been taken, or issues addressed. In fact, going by the published documentation, including within the media as well as among private conversations, Sri Lanka is facing its lowest rule of law ebb in recent history. Religious leaders, well known judges and lawyers, litigants and the general public all concur on the dead end faced by the legal and judicial systems.
Under these circumstances and as a matter of prime public interest, all Sri Lankan citizens should question whether or not the World Bank funds have been used for the intended reforms by the Sri Lankan government, and if so, how? Beyond the knowledge of some court buildings being constructed, there is no further information to indicate any plans for future legal and judicial reforms.
The Judicial Services Commission, having a role in this reform project, may be aware of any measures implemented or future plans. Its views on these matters will contribute to a proper understanding of the related issues. At the same time, interest may be rekindled on the resignation of two of the Commission members, as without the functioning of this Commission due to constitutional impediments, how the World Bank’s project will be administered will be keenly noted by all concerned observers.
