Democracy Situation in Sri Lanka - The Causes And Solutions

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It is not possible to understand the quality of democracy and the directions of the present political process in Sri Lanka without a detailed questioning of what is going on beneath the formal democratic structures, institutions, and socio-political rhetoric. As we all know, the COVID-19 pandemic has caused psychological distress in society and challenges for governess on many levels. The pandemic calls not only for immediate, urgent measures to protect public health but also for rapid changes in general policies and procedures. Cumulatively, these measures have a direct impact on the health and well-being of all Sri Lankans. It also has an indirect socio-economic impact on marginalized and vulnerable groups within the population.

On the one hand, the government is trying to control the pandemic with the support of many groups, including the military (ARMY). Many civilians (general public) believe that the military is better suited to serve government agencies because it has a disciplinary system and is expected to be free of corruption. The government is also gradually accelerating the militarization of civilian government activities, challenging the country's democracy. Under these circumstances, freedom of speech, freedom of expression and the freedom to work independently are being undermined. There are many incidents that have been reported in the media during the pandemic. For example, a 19-year-old contestant raised the issue of deforestation on a television program. The same night, the police interrogated her at her home, and government officials, including the police, questioned her like she had committed an illegal act. The prisoners¹, throughout the country, have been complaining about the spread of COVID-19 in early December 2020. The killing of 11 prisoners and injuring of over 100 other prisoners in the Mahara prison is an example of the violation of the rights of prisoners and their freedom of expression.

The best example for the situation in Sri Lanka is that the the United Nations Human Rights Council (UNHRC) has adopted a resolution calling for "reconciliation, accountability and the promotion of human rights in Sri Lanka." The resolution calls on the UN Human Rights Council to take comprehensive action to address past misconduct, marking the strongest action it has taken so far on human rights violations committed by Sri Lanka. Recognizing the deteriorating human rights situation in Sri Lanka over the past year, there are warning signs for the future, including the acceleration of militarization of civilian government activities, the erosion of the independence of the judiciary and key institutions responsible for the promotion and the protection of human rights and ongoing impunity and political obstruction of accountability for crimes and human rights violations in emblematic cases. Considering all these facts, it is clear that democracy in Sri Lanka is gradually deteriorating under the current political system

One of the causes for this situation is authoritarianism. Parliament member Harin Fernando² mentioned in parliament that the government has begun the usage of the ‘Pegasus’ spyware that grants hackers with access to an entire device. Furthermore, he pointed out that “politicians are entitled to their own political opinion, while journalists must be allowed to have freedom of speech”.

The present government has deployed more than 30 agencies,³ including the police, under the authority of the Ministry of Defence, and has appointed retired and serving military officers to a number of key positions previously held by civilians. Gradually, as a result of militarization, the threat to journalists, to human rights defenders, and the number of extra-judicial killings increases.

The Human Rights Watch clearly mentioned that Sri Lanka is in the process of controlling the justice system under the present government. Also, judicial delays indirectly challenge free and fair trials. Without the independence of the judiciary, no country can succeed democratically.⁴

Inadequate criminal justice system leads a country towards a black era. In a modern society, crime prevention and punishment for crimes that have already taken place can only take place when there is a dedicated, efficient and effective criminal justice system (Fernando, B.).⁵ Furthermore, Fernando stated that “the people who sit as presidential commissioners are not part of the police investigative division, nor do they have the necessary means and competence to be investigators”. Therefore, the death of democracy at a functional level, directly impact the country’s social and economic structure.

The solutions to this system is unpredictable, as the whole country is ruled by one hand. Ordinary people have no clue about the future. The people must unite to defend and promote democracy in the country without discrimination.

The independence of the criminal justice system is very important. Politician and the other parties should not interfere in this system. The criminal justice system, including the police and special investigation units, needs to be reformed. Police reform in particular is essential, and the government must provide proper training with modern techniques for investigator’s and pay police officers a fair wage, so that a corruption-free police force can be created. It is essential to protect the rights of ordinary people.

Accelerating the processing of civil and criminal cases within a reasonable time helps to reduce corruption and protects the rights of each parties including the rights of suspects. Therefore, the assistance of experts to strengthen an independent administration of justice