The Federation of University Teachers’ Associations (FUTA) expresses its deep concern regarding both the process and criteria of selection of the new Inspector General of Police (IGP), who will be appointed with effect from 23 March 2023, as well as the potential subversion of the constitutional process for partisan gain in relation to this appointment.
FUTA joins other professional bodies such as the Bar Association of Sri Lanka in reiterating that the relevant constitutional provisions should be followed to the letter and spirit in order to ensure the legality and credibility of the head of the Police Department in Sri Lanka. We trust that we need not remind both the Executive President (who is required by Article 41C of the Constitution to recommend a suitable candidate for the post of IGP) and the Constitutional Council (whose approval is required for appointment) the extent to which the conduct of the police impacts on public life.
At the outset, FUTA emphasizes the clear necessity that the next Inspector General of Police be an officer whose service in the Police has been exemplary, and who has been selected through the transparent procedure anticipated by the relevant constitutional provisions. The nomination and appointment of a misfit to the position will surely lead to the people questioning the legitimacy of the Constitutional Council (especially of those representing civil society) itself and further deepen the existing distrust of the Government.
FUTA emphasizes that it is imperative that prospective candidates for this crucial position should not have ongoing criminal or fundamental rights cases against them in the Sri Lankan courts. Nor should they have any serious blemishes in their service record. They should not be identified with any particular political dispensation or regime. In a context where the Police is already tarnished by its recent record of partisanship, violence and repression of legitimate public dissent, it is all the more important that the new IGP should not be seen as a lackey of the current or previous government. We call on the Constitutional Council to publicize the criteria used to approve the nominee of the President to the post. The people have a right to know.
It is widely accepted that the conduct of the Police in stifling free expression and legitimate protests during the last year is unconstitutional and totally unacceptable. FUTA has special cause for concern in this respect because of the March 7 and 8, 2023 incidents, in which university premises were invaded by the Police using excessive, even brute, force and allegedly deploying para-military goons. At this critical juncture, the country needs a head of the Police who is thoroughly professional, impartial and respectful of the fundamental rights of its citizens. The new IGP should be someone who believes that the Police serves the people and not the Government or its minions.
In this overarching context, FUTA reminds the President and the Constitutional Council that any attempt to subvert the prescribed process and to appoint a person who does not have a clear and untarnished record, will only further erode the diminished public confidence in the Police, and this in turn will inevitably lead to further loss of faith in the rule of law. Sri Lanka cannot now, more than ever before, afford to disregard the people’s demand for transparency, accountability and humanity in its Police force, if the country is to emerge from the multiple crises it is facing at present.
