Churches in Sri Lanka oppose the extension of Dissanayake’s judges’ terms

The Bishops’ Conference has taken a stand against the government’s decision to raise the retirement age by two years. Behind the official justification of clearing the backlog of cases lie fears regarding the independence of the judiciary. The Anglican Church had also previously called for the measure to be withdrawn.

by Melani Manel Perera

Colombo (AsiaNews) – The Catholic Bishops’ Conference of Sri Lanka (CBCSL) has taken a stand in the debate sparked in the country by the government’s decision to raise the compulsory retirement age for judges by two years. In a statement issued on 20 August, the bishops called for the withdrawal of the amendment adopted by the Council of Ministers on 27 July, which cited the need to retain experienced judges in the face of an increase in the number of courts and the planned regional operation of the Courts of Appeal.

According to the statement – signed by the President of the CBCSL, Bishop Harold Anthony Perera, and the Secretary-General, Bishop Anton Ranjith – “an independent and impartial judiciary is an essential guarantee of justice, human dignity, fundamental rights and the common good of all citizens of this country”. For the bishops, any constitutional amendment aimed at raising the retirement age of judges should be designed to further strengthen the independence of the judiciary and be preceded by adequate public and stakeholder consultation.

The Anglican Church of Sri Lanka, too – in a statement signed by Bishops Dushantha Rodrigo of Colombo and Nishantha Fernando of Kurunegala – had already stated on 20 July that it had hoped the President and the Cabinet would heed the strong arguments put forward by the Sri Lanka Bar Association, the wider legal community and civil society, who warned that such a move could undermine the rule of law and public confidence in the independence of the judiciary.

According to the Church, the government’s justification – which cites the need to clear the backlog of cases – is undermined by the fact that many vacancies in the courts of appeal remain unfilled. “We can only conclude, therefore, that the real motivation behind this amendment lacks good faith,” the statement says.

Highlighting its long-standing calls for broader constitutional reform – including the abolition of the presidential system, the strengthening of independent institutions and addressing the demands of minority groups – the Anglican Church criticises the government for failing to implement the reforms it had promised. Pursuing an amendment that was not part of the debates held during the election campaign “lacks moral legitimacy and constitutional propriety”.

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