Ex-HRCSL chief, too, opposes 22A, appreciates UN stand

Former Chairperson of the Human Rights Commission of Sri Lanka (HRCSL) Dr. Deepika Udagama has expressed her opposition to the extension of senior judges' retirement age on an ad hoc basis. She had previously shared her stance during discussions with the Bar Association of Sri Lanka (BASL). The University of Peradeniya law graduate served as HRCSL Chairperson from 2015 to 2020.

Dr. Udagama's response to a query regarding the evolving situation suggested that the United Nations Special Rapporteur on the Independence of Judges and Lawyers, Margaret Satterthwaite's declaration might bolster the campaign against the proposed 22nd Amendment, which aims to extend the retirement ages of superior court judges. In an August 7 letter to President Anura Kumara Dissanayake, Satterthwaite threatened to escalate the issue to the UN Human Rights Council (UNHRC) if the government did not reverse the process.

Following Satterthwaite's strong stance, as well as interventions from the Commonwealth Lawyers' Association and other international and regional bodies like LAWASIA and the International Association of Judges, Dr. Udagama noted that the opposition led by BASL and others in finding the proposed retirement age extension detrimental to the judiciary's independence had gained momentum. She emphasized there is no correlation between reducing law delays and extending judges' retirement ages.

Foreign Affairs, Foreign Employment, and Tourism Minister Vijitha Herath stated that the government would soon respond to Satterthwaite's letter. However, a section of civil society that initially supported the government's move seems to have re-evaluated their position upon learning of the UN intervention, according to sources familiar with the developments. This shift surprised the government, who claimed the 22 Amendment was intended to address the 1.1 million case backlog, which they described as mere propaganda.