• Critical need for independence & accountability

Sri Lanka's regulatory and oversight-related landscape is under intense scrutiny, with multiple commissions facing significant criticism for their alleged inefficacy and lack of independence. Key commissions, such as the Public Utilities Commission of Sri Lanka (PUCSL), the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), and the Human Rights Commission of Sri Lanka (HRCSL), are accused of failing to serve the public effectively. Several parties claim that despite their mandates, these bodies often operate reactively, seldom initiating investigations or taking action without external pressure. Allegations of political interference and leadership-related issues further undermine their credibility, while the public remains largely unaware of their functions, further exacerbating challenges in addressing grievances and ensuring accountability.

There are several commissions established in Sri Lanka including the PUCSL, the CIABOC, the HRCSL, the Election Commission (EC), the National Police Commission (NPC), the Public Service Commission, the Audit Service Commission, the Finance Commission, the Delimitation Commission, the National Procurement Commission, the University Grants Commission and the Official Languages Commission.

Speaking to The Daily Morning, consumer rights activist Sanjeewa Dhammika, who frequently interacts with various commissions, expressed his frustration over their ineffectiveness, specifically targeting the PUCSL, the CIABOC, and the HRCSL. He alleged that these commissions, despite their mandates, often fail to operate independently and serve the public effectively. He explained that every commission is divided into two sections: commission members and officers, and alleged that the commission members, who hold decision-making authority, frequently disregard the recommendations and opinions of the officers. "Ultimately, it is the public that suffers from their conduct," he charged, citing the upcoming electricity tariff revision as an example. 

"According to the relevant provisions, the tariff revision should be implemented from 1 July, but now, it will be implemented from 15 July. This delay is disadvantageous for consumers, but the Ceylon Electricity Board (CEB) stands to profit billions as a result. Instead of working to prevent such situations, the PUCSL merely waits for the CEB to submit a tariff revision proposal at their convenience." 

Dhammika criticised many commissions for their reactive stance, noting that they pay attention to incidents within their purview only when a complaint is filed. He expressed doubts about the effectiveness of these commissions, saying, "When they show reluctance to voluntarily investigate incidents and take appropriate measures, it is doubtful whether they fulfil their expected role. If the civil organisations and other parties didn't go and lodge complaints, the commissions wouldn't have done anything,"

Journalist Tharindu Iranga Jayawardhana, who also interacts with commissions on a frequent basis, highlighted the public's expectation that commissions should operate independently without political interference, but observed that this ideal is rarely met. He pointed to the NPC as an example. "In 2017, the NPC appointed Senior Superintendent of Police (SSP) Shani Abeysekera as the Criminal Investigations Department (CID) Director despite the then Inspector General of Police (IGP) recommending someone else, stating that Abeysekera was the most suitable candidate. However, the NPC itself recommended his removal from his post in November 2019, and reassignment as a personal assistant (PA) to a Deputy Inspector General of Police (DIG). This clearly shows how commissions act as per the wishes of political authorities." 

He also mentioned the numerous complaints that he and others have lodged against Police officers with the NPC, totaling about 15, none of which have elicited a response. 

"Recently, the Supreme Court has issued verdicts against Police officers, including the incumbent IGP Deshabandu Tennakoon and the former Colombo Crimes Division (CCD) Director, instructing that disciplinary actions be taken. Yet, to this day, these directives have not been implemented, and no action has been taken against those officers. Additionally, there have been hundreds of instances where Police officers have attacked peaceful protests in the recent past, but the NPC has done nothing," he claimed.

Commenting on the HRCSL, Jayawardhana said that it often intervenes promptly in certain cases, such as disappearances, which has saved many lives over the past. However, he said that the HRCSL takes an excessively long time to investigate complaints, which is a serious issue. "They claim a lack of officers, but this is not a valid excuse. Some of our complaints have remained uninvestigated since 2015, and some others have been postponed indefinitely. The other issue is that the Commission lacks the authority to enforce its recommendations. Despite numerous laws being passed in the country, successive Governments since 1996 have failed to empower the Commission, which is an essential institution for the public, adequately,"

A former Community Police Committee member, C. Ranasinghe, emphasised the important need to increase public access to these commissions. He noted that, under the current system, ordinary citizens have very limited opportunities to approach a relevant commission when they face injustice, adding that there is a significant lack of public awareness about commissions and their roles.

"Recently, I got to see that the NPC has received about 2,400 complaints concerning Police officers last year (2023). However, is it possible that only 2,400 people in this country have been inconvenienced due to the actions of Police officers? The actual number must be far higher. The general public knows very little about commissions and their functions. Due to this lack of understanding, only a limited number of people turn to these institutions for help." He further said that this gap in awareness results in many injustices going unreported and unaddressed. Asserting that increasing awareness and accessibility is crucial for ensuring that more people can seek redress for their grievances, he said that educational campaigns, public outreach, and simplifying the process of lodging complaints could help bridge this gap.

"If the public was more informed about the existence and purpose of these Commissions, more individuals would come forward with their issues. This would not only help in addressing individual grievances but also in holding institutions accountable and improving overall governance,"

The Right to Information (RTI) Commission, established in 2016 to uphold the people's RTI, has also faced numerous criticisms over the past. Jayawardhana, who is also working on matters pertaining to the RTI, highlighted significant concerns about the Commission's leadership. He claimed that the appointment of its Chairperson itself violated the relevant legal provisions. "There have been various accusations against the current RTI Commission Chairperson. The appointment of individuals with such questionable backgrounds to commissions undermines the public's trust in these bodies," He stressed that for the RTI Commission and other similar bodies to fulfil their mandates, they must be led by individuals with integrity and without any past allegations or connections that could compromise their objectivity. "The credibility of these commissions hinges on the public's perception of their impartiality and fairness. When their leadership is tainted by past accusations or perceived biases, it casts a shadow over the entire institution, making it difficult for them to perform their duties effectively,"

A candidate who submitted nominations for the indefinitely postponed Local Government (LG) Elections, which were scheduled to be held last year, said that while the EC could generally be regarded as performing adequately in comparison to other commissions, recent shortcomings in fulfilling its primary duty of holding elections have raised concerns. Emphasising the critical need for commissions to prioritise and execute their core responsibilities despite external challenges, he pointed to the LG Elections slated for 2023 as a poignant example. "It is true that the LG Elections could not be held due to financial constraints. However, the EC, which is entrusted with safeguarding the voting rights of the people, has ultimately failed." 

He stressed that commissions, including the EC, have a duty not only to react to challenges as they arise but also to anticipate and prepare for them.

The pervasive issues affecting commissions highlight a troubling pattern of ineffectiveness and political interference, which in turn undermines their ability to serve the public and uphold justice. The frustrations expressed by several stakeholders including activists and journalists emphasise a critical need for systemic reform. Enhancing the independence of these bodies, ensuring the integrity of their leadership, and increasing public awareness are essential steps toward restoring trust and accountability. Without these measures, the commissions will continue to fall short of their mandates, leaving the public without adequate recourse and perpetuating a cycle of inefficiency and mistrust.