On the frontline: J C Weliamuna,

Sri Lankan human rights lawyer

Jayasuriya Chrishantha Weliamuna
Leading human rights lawyer; former Executive Director of Transparency International Sri Lanka

08/01/2015

IBA Global Insights senior reporter speaks to the

leading human rights lawyer and former Executive
Director of Transparency International Sri Lanka

Jayasuriya Chrishantha Weliamuna was only ten when he saw dead

bodies floating in rivers near his village of Walasmulla in the Hambantota

District of Sri Lanka. The 1971 Revolt by Marxist group Janatha Vimukthi
Peramuna (JVP) had struck the South, and civilians were caught in the
crossfire. Such early experiences, and opportunities afforded to him by
his unusually liberal parents, propelled him towards a career in the law.
Unlike others in rural communities, he and his five siblings were given
the freedom to choose their career paths and taught to stand up for their
rights. For Weliamuna, this message resonated throughout his childhood,
ultimately giving him the strength to take on the oppressive power of the
state as one of the leading human rights lawyers of his generation. I had
seen so much violence and so many leaders murdered, says the 51year-old, and I believed the legal profession had the power to make a
difference.
After taking advantage of Sri Lankas free secondary education system,
Weliamuna travelled to Colombo to work as a waiter while he revised for
and passed the highly competitive Law College entrance exams. But
college wasnt solely about study; relations between the Tamils and
Sinhalese government were deteriorating rapidly, and he quickly found
himself at the heart of several civil rights movements campaigning for
interracial justice. After the 1983 riots against Tamils, when hundreds
were killed, we students took a very strong stand, says Weliamuna,
whos never aligned himself to a single ideology. I am a Sinhalese
Buddhist, but we wanted to protect the Tamils because they were under
siege.

Ihadseensomuchviolenceandsomany
leadersmurderedandIbelievedthelegal
professionhadthepowertomakeadifference

Jayasuriya Chrishantha Weliamuna

Leading human rights lawyer; former Executive Director of Transparency International Sri Lanka

The first death threats Weliamuna received were not from the
government but from the JVP, a nationalist group at war with both the

army and anyone attempting to criticise them. It was a terrible time, he

recalls. He would stumble across around five to ten bodies each day,
most of which were JVP sympathisers. Between 1983 and 1987, he
estimates around 40,000 people were killed. There was no inquiry into
any of these killings, he says. There was complete impunity.
A brief stint working for commercial lawyer Edgar Cooray, with its
formidable 18-hour-a-day work ethic, sharpened his professional skills.
From there, he joined R K W Goonesekere, the revered human rights
lawyer and Chairman of the Civil Rights Movement, who died on 17
November. Goonesekere was an enormous influence on his young
protg and Weliamuna became involved in many of the major cases of
the time involving freedom of association, torture, detention and national
security, at one time juggling an astonishing 500 pro bono cases at once.
In 2002, shortly after leaving to set up his own practice, Weliamuna took
up the post of Transparency International (TI) Executive Director for Sri
Lanka. Over the next eight years, the budget increased 40-fold and staff
numbers rose from two to 42. However, despite TIs considerable
achievements, Weliamuna admits the problem of corruption remains
entrenched today. A small group have captured all state organs and
accumulated huge wealth and power. It is one of the worst periods of
corruption in my lifetime.
Weliamuna is not alone in this opinion. In November 2013, UN High
Commissioner for Human Rights Navi Pillay stated she was deeply
concerned that Sri Lanka [] is showing signs of heading in an
increasingly authoritarian direction. In August 2014, Sri Lanka declared
the UN would be denied visas to conduct an investigation into alleged
war crimes committed during the 26-year civil war against the Tamil
Tigers, claiming the allegations were false and the inquiry prejudiced.
Weliamuna believes the government missed a good opportunity to
resolve ethnic conflict following the end of the war in 2009. Achieving
accountability is essential for the country to move forward, he says, but
in Sri Lanka there has never been a single investigation []. Until this

happens the culture of violence will continue.

Over the years, Weliamuna has come to know this culture well. He has
borne the brunt of state intimidation tactics, including death threats and
smear campaigns and, in September 2008, a direct attempt on his life
when two grenades were thrown into his bedroom. Nobody was hurt but
the attack served to toughen Weliamunas resolve. He was determined
not to be bullied by a group of cowards and clowns, he says, and felt a
duty to his country not to flee. If you really want to experience how
power can be abused by the state, you must do public law, he says.
This is one area where you can challenge such power democratically
through the courts.
Related film clip
Excerpt from interview with Sunil Coorey (1:46)

Object 1

Yet the legal system in Sri Lanka has been a constant source of
frustration and disappointment. Weliamuna says that judges, once a
bastion of independence and integrity, are now highly politicised. He
doesnt mince his words: It is the worst situation in the history of the
judiciary. Theres no quality control and no scrutiny.
Recent events seem to lend credence to Weliamunas view. In January
2013, Chief Justice Shirani Bandaranayake was impeached in a process
described by many including the International Bar Associations Human
Rights Institute (IBAHRI) as politically motivated. For Weliamuna, the
situation was clear. It was all concocted. She was sacked from the
judiciary because she gave independent judgments.
IBAHRI Co-Chair Sternford Moyo called on the Commonwealth, over

which Sri Lanka assumed chairmanship in November 2013, to hold the

country to account: If the Commonwealth is to have any relevance in
todays world, it must act swiftly and decisively to ensure that Sri Lanka
engages meaningfully with human rights. Speaking in response to the
IBAHRI report in April 2013, barrister Nigel Hatch, former legal adviser to
the then Sri Lankan President Chandrika Kumaranatunga, said the
reports findings were flawed and partisan.
As ballots are cast in one of the closest presidential election battles of
recent history between incumbent President Mahinda Rajapaksa and
former Health Minister Maithripala Sirisena the future of this fragile
nation hangs in the balance. For Weliamuna, the key to getting Sri Lanka
back on track is strengthening the rule of law, including constitutional
reform to abolish the executive presidency. And the key to establishing
the rule of law is simple: Open discussion, debate and expression of
views fearlessly is the only answer.
The High Commission of Sri Lanka to the UK was contacted by IBA Global
Insight regarding issues raised in this article, but declined to comment.
Posted by Thavam