Monday, 25 August 2014 00:00
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After the lapse of several years, a key Witness Protection Bill is finally at the threshold of being presented to Parliament. While this is a move that deserves applause, how deep its impact will be depends on the entire structure of law, courts, police and political will in the country.
The Bill, to be presented by Justice Minister Rauff Hakeem, sets out rights and entitlements of victims of crime and witnesses and promotes their rights and entitlements. The draft Bill has been gazetted ahead of its presentation to Parliament, according to reports over the weekend.
The proposed legislation also gives effect to appropriate international norms, standards and best practices relating to the protection of victims of crime and witnesses and also provides for the establishment of the national authority in this connection. Under the provisions of this Bill, a victim of crime will have the right to be treated with equality, fairness and with respect for his dignity and privacy. Where the victim is a child, he/she will to be treated in a manner which ensures the best interests of the child.
It can be argued that the new Bill is one of the few positives of the international community taking a stronger interest in Sri Lanka’s human rights following the end of the war. The proposed law is expected address sensitive issues such as those outlined in the Lessons Learnt and Reconciliation Commission (LLRC) and it will enable the authorities concerned to take measures to ensure the credulity of information to be extracted. Hakeem had also stressed that the Bill would provide for a new methodology to facilitate witnesses in difference contexts.
The Government first introduced this Bill in Parliament in June 2008 and later it was referred for further discussion after a debate. It is disappointing that the Government could not return it before Parliament on its own accord for nearly six years and fast-forward the implementation process.
It is unclear whether the Bill makes provisions for witnesses to be protected by the State and given physical assistance if they testify in a crucial case. While this will bring hope to getting more convictions without the impartiality of the Police and the judicial system, the new Bill, even if it is ratified by Parliament, may not have a significant impact.
The independence of the Judiciary, which is a concern that grows daily, and the politicisation of the Police have undermined law and order for far too long. Yet, could it be possible for a Witness Protection Bill to improve the situation on its own? Rational thinking suggests that it will be impossible to improve evidence in cases unless the entire justice system is made more independent and transparent.
The need for a practical and comprehensive Witness Protection Bill cannot be denied. However, if it is to have the desired effect of promoting impartial justice, then it needs to be supported by an impartial system. The idea is not new, yet it comes to Sri Lanka as a long overdue need.
Undoubtedly witness protection would be welcomed by most Sri Lankans, but this means that the Judiciary has to be strong enough to allow even those at the top level of Government to be answerable in court. Till that day comes, new bills will have limited solutions.
