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Common thieves are common in lawless land

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Constant reports of widespread thieving are circulating in Sri Lanka, particularly around suburban town centers. This has gone so far as to affect even the dressing habits of women travelling in buses or three-wheeled vehicles.

It has been customary for women to wear gold chains or other valuables, but this habit is changing due to the widespread snatching of such items from commuters. Now women are wearing artificial bangles, and thousands have tales to tell of their unfortunate experiences with thieves.

Yet police inquiries are rare, and not even a handful of such cases have been resolved out of many complaints.

Other habits are also changing. People are locking their houses more securely, and trying to spend less time away from home. A once carefree attitude has disappeared as people put additional locks on their doors and avoid travelling at night.

Anxiety about family members who have not arrived home at specified times has also increased. Mothers are often seen running behind their children, particularly if they are young girls. Almost everyone expresses a sense of anxiety and insecurity and a siege mentality prevails.

In essence this problem is about policing. The completely failed policing system is now incapable of guaranteeing even the most elementary security for persons at home and those who have to commute.

Although everyone admits this problem, the government has done nothing to improve the situation. In fact, the civilian population no longer believes the government is either willing or capable of dealing with this issue.

The problems of the country's failed institutions were recognised unanimously in Parliament when the 17th Amendment to the Constitution was adopted. This amendment created a body of eminent persons empowered with the participation of all political parties to select suitable persons for posts in some of the most important public institutions. These included the police, the judiciary, public services and the Department of Elections.

The commissioners who were to have the power of appointment, promotion, transfers and disciplinary control of personnel in these institutions were themselves to be selected by a Constitutional Council on the basis of merit alone. Thus, the strategy of the Constitutional Council was to counteract the arbitrary or political selection of persons for key posts.

The National Police Commission (NPC), which was appointed on the basis of the 17th Amendment, functioned up to 2005. During its short period of operation, developments within the police force created greater security in the officers of various ranks that their destinies would not be controlled by politicians.

Had the NPC continued the initial achievements of its first three years would have considerably improved. There would have been a greater possibility for this virtually collapsed institution to be rebuilt and its capacity to enforce law and order strengthened.

The ruling Rajapakse regime discontinued the pursuit of the 17th Amendment, however. That was a deliberate move, as the system of power manipulation and ever-increasing corruption was incompatible with the existence of an independent Constitutional Council mandated to ensure the selection of persons of merit.

The new regime regards meritocracy with contempt and open power manipulation and blatant corruption are the order of the day. In order to continue to rule in this manner the regime had to discontinue any serious attempt to maintain law and order.

The government's scheme to displace the 17th Amendment was couched in all sorts of excuses which made a mockery of the constitutional process.

One excuse was the delay on the part of minority parties to agree on a candidate. The primary obligation of a head of state to intervene to resolve issues of constitutionality was mockingly ignored.

However, after almost two years the minority political parties put forward a common candidate and named the former auditor general, who had the courage to expose various forms of audit irregularities by the government, as the proposed member for the Constitutional Council.

Now the mocking game still continues with various spokesmen for the government trying to give excuses as to why the appointment of the Constitutional Council is still being delayed.

The stark fact is that the reactivation of the Constitutional Council is a threat to the political order - or the political disorder - that prevails in the country now. The deliberate sabotage of the law is needed to maintain the type of misrule that is taking place in the country.

The price for maintaining a climate of lawlessness by sabotaging the only process through which policing can be improved, that is the implementing of the 17th Amendment, is being paid by the people. Every citizen is a victim of the deliberate sabotage of law and order by the government. The widespread thieving in the country is just one manifestation of such lawlessness.

In many previous statements for several years now the Asian Human Rights Commission has exposed the widespread lawlessness within the country. It has now reached a point when everyday travelling poses a threat to the lives and liberty of persons.

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