A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
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Thiranjala Weerasinghe sj.- One Island Two Nations
?????????????????????????????????????????????????Wednesday, May 9, 2018
Need to go beyond using anti-corruption as political weapon
By Jehan Perera-May 7, 2018, 9:03 pm
One
of the promises of the government alliance, when they contested the
2015 presidential and general elections, was to end corruption. The
belief that corruption was deep-rooted in the former government was well
entrenched by the time of those elections. The promise to end
corruption by the new government leaders was also believable as both
President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe
did not come with such baggage. This belief was increased by the
immediate passage of the 19th Amendment to the constitution that
strengthened the independence of the judiciary, the police and the
bribery commission.
However, by the time of the local government elections in early 2018,
the situation with regard to corruption had deteriorated for the
government alliance. The Central Bank bond issue took a heavy toll on
the government’s anti-corruption credentials. This was coupled with slow
movement of the anti-corruption investigations into members of the
former government. Making matters worse for the government, at the local
government elections, President Sirisena made anti-corruption one of
the main planks of his campaign. Ironically his target appeared to be
his own coalition partner, the UNP and its leadership.
Indeed, the local government election campaign became a bizarre one in
which the SLFP section of the national unity government led by the
president publicly came out assailing its main coalition partner the UNP
led by the prime minister and undermining the credibility of the entire
government. In an ironical twist, those in the opposition who, under
more rational circumstances, ought to have been the targets of anti
corruption investigations were spared. They made use of the advantageous
political environment to attack the government on charges of
corruption. In these circumstances of internecine warfare within the
government, it was not surprising that the government parties performed
poorly at the local government elections.
POWER SHIFT
The sudden arrest of President Maithripala Sirisena’s Chief of Staff on a
charge of extorting a large bribe for a commercial transaction in a
sting operation by the Bribery Commission, came as a surprise. The
question is why the President’s Chief of Staff was selected for the
sting operation when corruption is believed to be widespread and sting
operations could have been done elsewhere as well. It would be an
embarrassment to the president who only three months ago during the
local government election campaign was championing anti- corruption and
promising to put an end to it.
The revelation of corruption at the highest level of government and the
president’s own office would weaken the attempt of the president to
present himself as the anti corruption champion of the government. This
could have implications for the balance of power within the national
unity government. Following the abortive no-confidence motion and the
attempt of the President to sack the Prime Minister, the balance of
power within the national unity government has been steadily shifting in
favour of the UNP led by the Prime Minister.
The sting operation involving the president’s Chief of Staff is a
testament to the strengthening of institutions that has taken place
during the past three years and indicates that political interference is
no longer absolute. However, there is much more to be done in terms of
strengthening institutions of accountability. Highlighting the
continuing weakness of independent institutions, Director General of
Commission to Investigate Allegations against Bribery and Corruption
(CIABOC), Sarath Jayamanne said that only four persons had been
convicted of corruption during the past 23 years. He said that
corruption had been categorised as an offence in 1994 with the
establishment of the CIABOC. According to him, 75 cases had been heard
over the past 23 years though only four cases had been proved. On the
positive side, convictions were brought in 57 Bribery cases last year,
the highest recorded in a single year.
STRENGTHENING INSTITUTIONS
The Director General further said that the amendments would be made to
the Bribery Act, Bribery Commission Act and the Property Evaluation Act.
However, he added that it is likely that the capacity to implement the
law will continue to be weak as CIABOC is understaffed with competent
personnel. The commissioner said that some 200 investigators had been
secured from the police but none of them was a degree holder from a
university or an accountant. When compared with other countries in Asia,
the number of investigators available to CIABOC was not sufficient.
Comparing Hongkong with Sri Lanka he said, "We have 200 investigators
for 21 million people. Hong Kong has 1,200 investigators for six
million. All those investigators are graduates and have expert
qualifications."
One of the government’s proposals to counter corruption by strengthening
institutions is to set up a special high court on corruption through
amendments to the Judicature Act. This would have three Special High
Courts with three-judge benches to conduct daily sittings, in the
morning and the afternoon, in cases related to bribery, corruption,
fraud or other political crimes by politicians or officials. Although
several cases have been currently filed against those accused of
corruption at the highest levels from the former government there has
been long delays, slow progress and allegations of political deals.
There is a need for the government to invest in anti-corruption
measures. These investments can yield quick political and economic
dividends. If corruption is not dealt with the cycle will not stop and
will reach crippling levels. It is because corruption happens with
impunity that ideology does not matter, and politicians shift from right
to left to right depending on what they can get. They look at their
self interest rather than the collective interest. Instead of merely
skimming off the top it can lead to entire development schemes being
jeopardized. There is the production of inferior economic infrastructure
and services, such as the highways that are narrower than they should
be or airports set in the midst of bird sanctuaries.
DEVELOPED PRACTICES
There is also a need for the political and opinion leaders in the
country to engage in public education programmes on the importance of
anti corruption activities. It is necessary for the government to
develop a communication strategy to counter opposition that downplays
anti corruption work as a political vendetta. If corruption is not dealt
with others problems too cannot be dealt with. The evidence gathered so
far suggests that the president’s chief of staff kept blocking the
commercial transaction for three years in order to get his money. This
shows how corruption becomes an obstacle to economic development.
Investors, especially foreign investors, prefer to go where they can
invest their money without being blocked by those who are seeking
illegal gains.
It is to the President’s credit that he did not make any attempt to
thwart the law enforcement authorities. It is important that this
incident should not be used by one side of the government to weaken the
other and undermine it as occurred during the local government election.
The manner in which the president and prime minister are handling the
situation suggest that they are cooperating with one another rather than
engaging in one-upmanship. Such a course of action, as followed by the
law enforcement authorities against the president’s chief of staff would
have been inconceivable during the former government, when impunity
prevailed in regard to the highest in the land.
If the country is to develop, the practices in the country should
reflect those practices in developed countries. Those who are in
positions of power, whether in developed or undeveloped countries, often
succumb to the desire for personal benefit. The difference is that in
developed countries the law is applied to all without fear or favour.
This is the difference in approach which Sri Lanka too should strive to
achieve. The sting operation that has netted the president’s chief of
staff needs to become the first of many such actions that shrinks the
culture of corruption that has been threatening to envelop the country.