By Asoka S. Seneviratne –

Prof. Asoka.S. Seneviratne

When President Anura Kumara Dissanayake (AKD) concluded that the law had been implemented like a spider’s web, where small animals are caught, while larger entities can break through and evade it, Prez AKD hit the nail on the head of CIABOC authorities. CIABOC must understand the fact that the “law” is not for the authorities to sit on and ensure continuous impunity for culprits and hence to sow injustice anymore under the regime of AKD/NPP because AKD/NPP is fully committed to meeting the expectations of 22 million people, but not to go with CIABOC and culprits as it used to be in the past at all. This means that under the regime of AKD/NPP, acceptable, credible reasons must be given for those cases to be withdrawn, and no more withdrawals in the future if going in the right direction. Given the above, it will pave the way for system change; the reality is that culprits are behind bars,  so their honeymoon period is finished. It is beneficial and relevant to introduce a new bribery case administration and management system through nonstop or continuous hearings after prosecution until the verdict is delivered. The current administration and management system of bribery and corruption are ineffective, inefficient, lazy, and utterly lagging, wasting time and taxpayers’ money. Now, the challenge for the AKD/NPP government is to transform the country with minimum corruption and bribery on par with Denmark, Finland, New Zealand, Norway, Singapore, and Sweden; it must not be a dream under the AKD/NPP regime, the meaning and expectation of the mandate of 6.8 million voters.

Introduction

Given the enormously outstanding mandate by the people, it is the utmost responsibility of President Anura Kumara Dissanayake (AKD) to fulfill the expectations of the people and the country; the foundation is eradicating all forms of corruption, the cancer of the country’s economic downturn over the last 76 years since independence in 1948. This article is based on the recent speech delivered by Prez. AKD at the International Corruption Day National Celebration – 2024. The celebration theme was “Uniting Youth Against Corruption: Shaping Tomorrow’s Integrity,” and attended by, among many, the Chairman (the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) C W.M.N.P Iddawala, IGP, Supreme Court Justice Yasanatha Kodagoda, foreign ambassadors, and CIABOC officials, so that it was the proper forum for President AKD expressed his significant concerns and feelings about CIABOC because eradicating corruption and bribery was his top priority, and he made promises to the people and the nation.

The understanding of the mandate of People 2024 and CPI

Corruption and bribery have been popular political subjects in Sri Lanka that undermine the trust and effectiveness of public institutions. Given the above, during the presidential and parliamentary elections, this topic was prioritized in the political stages and rallies of AKD/NPP. Accordingly, not only was NPP candidate AKD elected president, but this was followed by the parliamentary election, in which AKD/NPP received 6.8 million support to establish a strong government with 159 parliamentary seats. Regarding the eradication of corruption and bribery, not only 6.8 million but also 22 million people in the country support the commitment of the government to eradicate corruption and bribery because they affect the whole country, particularly the poor, in many ways. This is the reality, but convicted people involved in corruption and bribery are scarce, which means impunity has been the norm. In short, the people’s mandate mentioned above forces the AKD/NPP government to address impunity and injustice as an urgent concern. While government corruption is a significant challenge that undermines the trust and effectiveness of public institutions, it affects the world’s perception and credibility of Sri Lanka, one of the main factors that discourages foreign investment.

Transparency International says that over two-thirds of countries worldwide score below 50 on their Corruption Perception Index (CPI). The 2023 CPI, published in January 2024, ranks 180 countries “on a scale from 100 (signifies the least or very clean) to 0 (highly corrupt)”. Based on the situation between 1 May 2022 and 30 April 2023, Denmark, Finland, New Zealand, Norway, Singapore, and Sweden are perceived as the least corrupt nations globally, ranking consistently high among international financial transparency. In contrast, the most apparently corrupt are Syria, South Sudan, Venezuela (scoring 13), and Somalia (scoring 11).  In global corruption rankings, Sri Lanka’s corruption status was 79, with 37 points in 2013 among 180 countries. But it dropped to 115 positions with 40 points in 2023, declining the score since 2015, paving the way for a highly corruption-plagued country. Now, the challenge for the AKD/NPP government is to transform the country with minimum corruption and bribery on par with Denmark, Finland, New Zealand, Norway, Singapore, and Sweden; it must not be a dream under the regime of the AKD/NPP government.

CIABOC and its functions/responsibilities

According to the CIABOC website, the Anti-Corruption Act was enacted in 2023 by repealing the Bribery Act No. 11 of 1954, the Commission to Investigate Allegations of Bribery or Corruption Act No. 19 of 1994, and the Declaration of Assets and Liabilities Law No. 1 of 1975. The Act’s objectives were to strengthen and enhance the purview of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

The CIABOC is an independent entity investigating bribery, corruption, and related offenses allegations. Its objectives include strengthening governance integrity, increasing accountability, and preventing and eradicating bribery and corruption. Given the above, its functions include (i) Investigating allegations of bribery, corruption, and related offenses, (ii) prosecuting those found guilty, (iii) serving as the central authority on declarations of assets and liabilities, (iv) sharing information locally and internationally,(v)  facilitating extradition, and protecting whistleblowers, (vi) witnesses, and informers. The Anti-corruption Act began operation on 15th September 2023, and the first Commission commenced its activities on 01 st  January 2024. The Commission consists of three members, one of whom shall be a person with expertise, reached eminence and has at least twenty years of experience in law and two of whom shall be persons with expertise, reached eminence and have at least twenty years of experience in one or more of the following fields:- (i) investigation of crime and law enforcement; (ii) forensic auditing; (iii) forensic accounting; (iv) engineering; (v) international relations and diplomatic services; (vi) management of public affairs; or (vii) public administration. As the website mentioned above indicates it, Anti-corruption law has expanded the scope of the CIABOC by introducing new offenses such as money laundering, bribery of a foreign public official, private sector bribery, trading in influence, non-declaration of conflict of interest, offenses relating to sporting events etc, in addition to bribery, corruption, and accumulation of asset offenses. Further, the Act has provided an information-sharing platform locally and internationally and facilitates extradition, and joint investigations. Apart from that, the protection of informers, whistleblowers, and witnesses is guaranteed under the Anti-Corruption Act (ACA). Indeed, the Commission mandate expanded to include bribery, corruption, and the Declaration of Assets and Liabilities law. It is statutorily empowered to investigate and prosecute all complaints. It is worth noting that in 2017, CIABOC was tasked with formulating a National Action Plan for Combating Bribery and Corruption in Sri Lanka. However, no one knows where CIABOC is on the National Action Plan. I provided the above information to assess and evaluate concerns expressed by President AKD about the performance of CIABOC on 09 December 2024.

Dismal Performance by CIABOC

As indicated above, CIABOC’s objectives and functions are crystal clear, and it is well-equipped with experienced professionals capable of dealing with bribery and corruption from A to Z. Also, CIABOC has received substantial numbers of complaints that have massive interest and impact nationally and internationally and has been involved with multi-million US dollars (i.e., the MiG Deal of Udayana Weerratunga in 2007 and the SRI Lankan-Airbus deal of Kapila Chandrasena in 2020, suspects were arrested, and on bailed out, on honeymoon). Regarding the MiG Deal, journalist Lasantha Wickrematunga paid the highest price for death, revealing the truth about the MiG Deal. The nation is indebted to him in many ways; only justice to his death will heal the nation. The daughter of Lasantha, Ahimsa Wickrematunga, wrote to Colombo Telegraph on 8 January 2021 along with the title “The MiG Deal: What They Did To My Father And Why They Did It.” It reveals from A to Z the corrupt deal of US$14 661 944.24 and how Udayanga Weeratunga,  Lelum Duminda Mannamperuma, and Gotabaya Rajapaksa’s direct involvement in the corrupt deal. Lelum Duminda Mannamperuma is married to the sister of the infamous Udayanga Weeratunga, which is to say that they are brothers-in-law. The suspects mentioned above are related to the Mahindra Rajapaksa family; at least six must be behind bars now, but it is so unfortunate that they are still on their honeymoon. Given the above, the concern of the 22 million people and the country is just the tip of the iceberg of bribery and corruption. I firmly believe that if the full cost of corruption and bribery is calculated since 1976, that money is more than enough to meet the total cost of the government budget or re-pay the current foreign debt of US$ 55 billion, as Nirupama Rajapakasa’s Pandora papers are alone well over US$30 billion. In 2021, AKD stated that “Nirupama Rajapaksa and Thirukumar Nadesan are not those outside the crooked circle of the current regime. We suspect the exposed wealth could be of those within this crooked circle. AKD said it has been a common practice for Sri Lankan politicians or their cronies to be included in the reports exposing black money anywhere in the world. Further, AKD  said Pakistan Premier Imran Khan vowed to take action against the Pakistanis exposed by the Pandora Papers and added that the President, Prime Minister, or the Finance Minister of Sri Lanka has failed to make such a statement on this exposure:” One aspect of tragedies in bribery and corruption in Sri Lanka.

As per President AKD, CIABOC filed 69 cases in 2021, and 40 cases were withdrawn later. Similarly, 89 cases were filed in 2022, and 45 were withdrawn later. Given the functions (i) Investigating allegations of bribery and corruption and (ii) prosecuting those found guilty have become hopeless and useless.

Given the above, and regarding the ineffectiveness of CIABOC, President  AKD disclosed that in a year, only two police constables, one Grama Niladari and one Clark, were convicted, and hence, the law is skewed against the powerless while allowing influential in get free or impunity (i.e. Mr. Ten percent or Basil Rajapaksa-related to Malwama Mansion). Having all well-experienced professionals and expertise under the umbrella of CIABOC, above dismal performance is an utter shame of affairs questioning the capability and competence of CIABOC. In short, the above is a massive tragedy that needs to be cried at the celebration event on 09 December 2024. When President AKD concluded that the law had been implemented like a spider’s web, where small animals are caught, at the same time, larger entities can break through and evade it; President AKD hit the nail on the head of CIABOC authorities. CIABOC must understand the fact that the “law” is not for impunity and hence to sow injustice anymore under the regime of AKD/NPP because AKD/NPP is fully committed to meeting the expectations of 22 million people, but not to allow the law enforcement authorities to sit on the law or continue with impunity for culprits at all. This means that under the regime of AKD/NPP, reasons must be given for those cases withdrawn and ensure no more withdrawals in the future in the right direction. The above will pave the way for system change, and reality will be on the ground for 22 million people.    

The Meaning of “Rata Anurata”: Being Free of Corruption

On 26 August 2024, I wrote the above-mentioned article with the Colombo Telegraph. I concluded that “RATA ARURATA” (the country is for ANURA) means New ERA that embodies the people’s and nation’s future. Given the ANURA’s vision, character, nature, and grassroots origin, together with the utmost credibility, transparency, and accountability, he will undoubtedly work to meet the people’s expectations by working as indicated above, without any return or benefit whatsoever. Accordingly, he will succeed massively on 21 September 2024, marking a turning point after 76 years of independence in 1948 based on stable economic growth and sustainable development to be on par with the developed countries in the region and the world, being free of corruption, adhering to law and order, and good governance-the meaning of “RATA ANURATA.” 

The content of the above conclusion has been the reality on the ground today, and hence (i) being free of corruption, (ii) adhering to law and order, and (iii) good governance must be at the center of system change if the massive victory of AKD/NPP to be meaningful to the people and the country and AKD/NPP itself.   Given the above, the expectation of the theme of the above-mentioned celebration, “Uniting Youth Against Corruption: Shaping Tomorrow’s Integrity,” must be achieved jointly and urgently with the support and collaboration among people, AKD/NPP government and CIABOC, the latter must start with giving acceptable and credible reasons for the withdrawals mentioned above. Accordingly, all complaints can be pursued without withdrawal and impunity, with the culprits behind bars. It is advantageous and relevant to introduce a new bribery case administration and management system through nonstop or continuous hearings after prosecution until the verdict is delivered. The current administration and management system of bribery and corruption are ineffective, inefficient, lazy, and utterly lagging, wasting time and taxpayers’ money.

*The writer, among many other things, worked as the Special Advisor to the Office of the President of Namibia and was a Senior Consultant with UNDP for 20 years. He also worked as a Senior Economist with the Central Bank of Sri Lanka (1972-1993) before he migrated to New Zealand.