The government's proposed 22nd Constitutional Amendment, scheduled for parliamentary debate, has drawn criticism from international bodies and domestic observers who question its transparency and potential impact on judicial independence.
Parliament is set to debate the 22nd Amendment to the Constitution (22A) this week, a proposal that has sparked significant controversy regarding both its substance and the government's handling of related consultations. The amendment reportedly aims to expedite court proceedings against former officials, but critics argue the government has shrouded key details in secrecy. The President's Media Division initially released only partial recordings of meetings with the Bar Association of Sri Lanka, later releasing additional materials "grudgingly," according to The Island. The government has also allegedly declined to publicly acknowledge receiving correspondence from senior Buddhist clergy expressing concerns about proposed changes to judicial retirement ages.
International opposition to the amendment has mounted, with several organizations voicing reservations. The United Nations, Commonwealth Lawyers Association, International Association of Judges, LAWASIA, and the French National Bar Council have all raised objections. UN Special Rapporteur Margaret Satterthwaite specifically warned that implementing 22A in its current form could undermine judicial independence and public confidence in the courts. These international bodies cannot be dismissed as sympathetic to former leaders accused of corruption, suggesting concerns extend beyond domestic political disputes.
The amendment's potential consequences for Sri Lanka's international standing warrant consideration. Foreign investors prioritize predictable legal frameworks and impartial courts, and concerns about judicial independence could affect investor confidence. International observers have flagged possible implications for Sri Lanka's GSP+ trade benefits and other partnerships. Additionally, the amendment could complicate Sri Lanka's post-crisis narrative of economic recovery paired with strengthened governance and democratic institutions, as international assessments of the country's democratic safeguards may be negatively affected.
Critics point to apparent inconsistencies in the government's approach to transparency. The JVP-NPP administration, which previously demanded that opposition parties publicize international agreements and memoranda of understanding, has reportedly restricted public access to foreign pacts entered into since taking office. This reversal from earlier stated commitments to good governance principles has drawn scrutiny regarding the administration's dedication to accountability and transparency.




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