Law and order, civil society and professionalism

by a special correspondent

Law and order is the main component of a democratic and peaceful society, without which the law of the jungle will prevail. Law is a set of rules enforced through institutions acting independently by qualified and learned personalities acting impartially and judicially. There should be supremacy of law which is also known as Rule of Law, Law should be applicable to all equally and it is the duty of the State to provide legal aid and assistance for the citizen to enjoy the rights in a democratic society.

Law should not be implemented according to the whims and fancies of parties on whom the implementation is entrusted upon, known as judges who are mainly lawyers expected to be trained and persons with the correct temperament. Justice should not only be done- it must seem to be done- is a famous adage in this area of practice. Law as well as the judicial system should be impartial, reasonable and accessible. A.V. Diecy the legal legend said “Rights of individuals are determined by legal rules and not on arbitrary behaviour of authorities”.

Access to justice is a main ingredient of a democratic society and in most democracies the citizen is given the opportunities and facilities to enjoy this human right with the least resistance and expenditure. Currently there are reports of disturbing incidents on the inaction of some police officers in the police force entrusted with the implementation of law and order. Incidents which have taken place are serious though isolated and needs immediate attention.

The Government has taken immediate measures to bring the persons responsible to book and taken control of the situation. In any country there are “bad eggs” in any police force and it is the task of the elected representatives to take control of the situation.

Collapse of Hulftsdorp court house

Sudden collapse of the roof of the ancient Hulftsdorp court house has raised eyebrows of many as billions of rupees have been spent out of a World Bank loan granted which a burden to the citizen as every dollar taken as a loan has to be repaid with interest.

Has this funds properly utilized for the purpose it was given and the transparency of the transactions are to be scrutinized and it is a matter of grave importance as such incidents are directly connected to the collapse of the system of justice.

There is no HUM over the incident and the lawyers are MUM though there are notices all over the building to be careful and not to be close to the High Court walls. It is time for the BASL and the legal profession to be vigilant and safeguard the dignity of the Bar and regain the confidence lost on the system of justice by taking steps to help the State and the citizen in the resolution of these matters as a part of the civil society.

Professionalism, OPA and BASL

Professional is a member of a vocation founded upon specialised education and training and experience. The Organisation of Professionals in Sri Lanka is a professional body of professionals maintaining the standards of which Bar Association is a leading and founder member. Though the Police Department is not a member of the OPA, police and the other forces in the recent past were reputed to maintain highest standards especially during the war on terror. Sporadic incidents at the aftermath of a disaster of such magnitude are not unusual and the prompt steps taken to control and the public pronouncements of the President is commendable. In the recent past the Bar Association has been active and taken constructive measures in maintaining law and order. The “Law Week” organized for access to justice is commendable.

It maintains an excellent website to help the citizen. Ignorance of Law is no excuse and it is the duty of the professional and the civil society to educate the public on their rights and duties and the main ingredients of the complex legal system.

Prompt steps taken by the BASL to maintain the integrity and independence of the Professionals/Bar is important as it relates to the independence of the system of justice and the officers of the courts in which the lawyers are a main component. They must be free to act independently freely without fear or favour.

Though there were schools of thought that the issue should have been handled more diplomatically with no haste every lawyer was in agreement in maintaining the solidarity of lawyers acting as officers of the judicial system and independent professionals.

Duty of civil society

The civil society consists of voluntary and social organizations, non Governmental organizations, professional bodies, trade unions, and they are expected to perform collective actions with shared interests.

Is the civil society living up to the expectation is a moot issue and the best judge is the citizen in the receiving end. It is time for the civil society to be active and vigilant as there is a lacuna in the public interest and public activism in the interest of justice, fair play, peace and prosperity of the Nation.

Professionalism in diplomacy

Professionalism generally deals with vocations founded upon specialized educational training and experience. Is politics a profession? It is YES and NO and obviously a moot issue. Politics too should be conducted professionally as it deals with the future of the Nation and the Citizen.

Leaders such as D. S. Senanayaka and Madam Bandaranaike have not been professionals, yet history has categorised them as excellent politicians and Prime Ministers. Diplomacy though somewhat a profession most successful and celebrated diplomats were not necessarily professionals in diplomacy. Professor Gunapala Malalasekara and the barrage of excellent diplomats were chosen outside the system whilst the services rendered by the career diplomats in Sri Lanka are not second to any diplomats worldwide.International relations is the art of conducting of Foreign Policy, Negotiations with other States, governmental and non governmental organisations, and the art and science of dealing with the members of the global family and international organisations including the United Nations Organisation.

The process and the procedure is formalized by the Vienna Convention ( 1815) regularising and incorporating diplomatic ranking and conduct under international law. Generally it is the Head of the State who deals with foreign policy and conduct of foreign relations, assisted by the Foreign Minister, who is a faithful, reliable and able Cabinet Minister, who deals with the diplomatic appointments and generally the international relations with the rest of the world.

In the USA, the President has carefully delegated power to the Secretary of State and in the UK it is handled by the Foreign Secretary - a close confidant of the Prime Minister and senior Cabinet Minimiser.

Ambassadors are highest ranking diplomats who represent the country, generally accredited to the foreign sovereign or government. Countries also appoint highly reputed individuals representing various fields and disciplines based on the circumstances and requirements. They operate from the special territory called “Embassies” or “High Commissions”.

In some extraordinary circumstances the Head of State and the Foreign Minister selects persons of eminence and knowledge for important and crucial situations and stations, such as the UN, USA, UK. and EU.

They must assist the Foreign Minister and the Head of the State, to reach the goals outlining how the country will interact with other countries on economic, social, military matters and to formulate and implement the foreign policy which is an important component of the government machinery, especially in difficult circumstances such as the threat of terrorism, war, and credit crunch due to economic and political recession and tragedies natural and man-made.

In the United Kingdom and India the Foreign Service is highly developed, and streamlined. In Sri Lanka too it is so being a country with the highest traditions on diplomacy with India, Middle East and many other countries connected by culture, trade and diplomacy and as a senior member of the world family and the United Nations Organisation.

King Devenampiyatissa sent his son and daughter as emissaries and Persian Kings maintained close rapport with Sri Lanka based on trade and cultural bonds.

Ambassadors and High Commissioners for important positions are selected by the Head of State, with the Foreign Minister. It is agreed to maintain a ratio of 1;2 in order to give due place to the career diplomats, who are the cradle of the diplomatic service.

They are not politicians and strictly adhere to administration. There are times political decisions are to be taken and constant dialogues between the Head of State and the Foreign Minister in difficult circumstances.

In order to meet such situations diplomats are appointed from out of service anywhere in the world. Gladstone the celebrated British High Commissioner in Sri Lanka - from famous Gladstone Family- has been a fine diplomat out of the Foreign Service. Currently the appointments made by the Foreign Ministry are excellent and balanced in accordance with the accepted ratio.

Deputy Leader of the United National party Karu Jayasuriya who himself has been a diplomat (out of service) in the capacity of the ambassador in Germany had made some comments on the professional diplomat corps and the appointments made out of service on behalf of the party.

The ratio has not exceeded and the appointments made by the Foreign Ministry are par excellence and covers a vast area and a range of professions and disciplines.

Ironically the recent achievements by the Foreign Minister, Ministry and the diplomats including career and non career ones who have struggled hand-in-hand in winning the recent diplomatic war and turning the world family to our side at the Human Rights Committee episode has not given appropriate recognition, though everybody is enjoying and reaping the harvest with new found freedom to live in peace and harmony.