Lalith Dhammika Mendis
The phrase “power tends to corrupt, and absolute power corrupts absolutely” was coined by British Historian, Lord John Acton in 1887. It stands true to this day and has enjoyed wide currency since it was written; it appears to remain so in the times ahead.
Austrian writer Karl Kraus said, “Corruption is worse than prostitution. The latter might endanger the morals of an individual; the former invariably endangers the morals of the entire country.”
Corruption is widely regarded as “Abuse of entrusted power for private gain”. It doesn’t have a universally accepted definition. The World Bank defines corruption as “abuse of public office for private gain”.
The United Nations Convention on Corruption does not define corruption but identifies various forms of corruption, including Bribery and Embezzlement, Influence Peddling, and Illicit Enrichment.
Evolution of Democratic Governance in Sri Lanka
Before colonial rule, Sri Lanka was an absolute monarchy and was ruled by Kings who held supreme authority over judicial, executive, and military affairs. The governance hierarchy was top-down; the monarch had absolute authority over all aspects of governance, and regional leaders and village heads handled regional and grassroots-level administration.
Colonial rule, which replaced the monarchy, introduced democratic governance in Sri Lanka under British Administration.
Colebrooke-Cameron Commission, Donoughmore Commission and Soulbury Commission progressively introduced democratic reforms to Sri Lanka.
Sri Lanka became an independent Republic in 1972, and with the adoption of the 1978 constitution, the Democratic Socialist Republic of Sri Lanka was created.
Emergence of party politics
Lanka Sama Samaja Party (LSSP) was formed in 1935; It is the oldest political party in Sri Lanka. The United National Party was formed by D.S. Senanayake in 1946. He won parliamentary power in 1947 and became the first Ceylonese Prime Minister. The LSSP led other remnant political groups that formed the opposition.
English-educated, pro-Western, wealthy elites dominated post-independence politics in Sri Lanka. Politics then was characterized by right-of-centre patron-client relations and feudal ties rather than deep-rooted ideological foundations. Party politics evolved from the post-independence elite patronage system. Sri Lanka inherited parliamentary governance from the British, modelled on the Westminster system with a bicameral legislature. S.W.R.D. Bandaranayake broke away from the UNP to form the SLFP in 1951 and captured power on a wave of ethno-religious majoritarianism. This gave birth to a political duopoly that shaped Sri Lankan politics.
Surfacing of Clientelist Networks and Quid Pro Quo Loops driven by Middlemen/Appendages/Fixers
Democratic politics in Sri Lanka from formative days following independence was shaped by patron-client relationships, where state resources were lavishly exchanged for the masses’ political loyalty. Politicians acted as fixers or brokers of state resources, and the masses willingly offered their loyalty in exchange for the freebies politicos lavishly doled out. As politics became competitive, political machinations gradually evolved and became more complex. Competitive politics required politicos to build strong clientelist networks that assured continued electoral success.
Politics gradually transformed into a mega commercial enterprise run by snollygosters and fat cats. Politicos developed vested interests in state affairs and formed elitist business circles that operated in tandem at the expense of the general public’s well-being. Power and authority attached to public offices became expedient tools for sinister self-serving schemes, and lucrative state contracts related to public sector constructions, developments, etc. were doled out to cronies, campaign supporters, stooges, henchmen, and elitist fat cats, disregarding accepted good-governance practices and norms, financial prudence, pressing public needs, procurement and contract management guidelines, and technical and operational considerations. In effect, public interests were made subservient to self-serving agendas intended to facilitate the defalcation of public resources. Public resources were often crassly repurposed for pet projects that offer vast sums of filthy lucre and enable merciless scoundrels to line their pockets, despite longstanding unfulfilled, pressing public needs remaining deliberately ignored.
How corrupt politics crippled public services and compromised integrity of public administration
Corrupt politics paved the way for political patronage in filling key positions in government departments, regulatory bodies, and state corporations, etc. Thus, meritocracy was thrown to the wind in making important public sector appointments. The state sector was filled with loyalists, relatives, campaign supporters, financiers, and stooges, disregarding their credentials. They mainly did their political master’s bidding. This saw political allegiance taking precedence over good governance principles in the conduct of state affairs. Public sector operations thus aligned with the ruling party’s agenda, ignoring the general public’s pressing needs.
Crippling of checks and balances and erosion of regulatory oversight
The enormous influence exerted by political elites who called the shots in public service weakened and incapacitated regulatory, oversight, and watchdog mechanisms designed to prevent and eliminate wrongdoing. Moreover, their overpowering influence debilitated the law enforcement apparatus and permitted and encouraged wheeler-dealer activities. This development made public Officials realise that malfeasance and rule-breaking had become the order of the day and went unpunished.
Pervasive culture of dishonesty in public service – an outcome of sleaze politics
Public servants from top to bottom of the hierarchy emulated the dishonest behaviour of their politically appointed leadership. This led to bribery at every level. Thus, bureaucratic bribery was unofficially established as the fastest and easiest way to navigate the cumbersome, tedious, elaborate, and time-consuming procedures entrenched in the public sector when people need to obtain services. Those on the take, from top to bottom, demanded bribes to expedite pending matters, submit and move files through processes, obtain signatures, certifications, approvals, permits, registrations, school admissions, transfers, job placements, and licenses, etc and the list is endless. When people needed services, bribery became a sine qua non and an instrument of expedience. Accepting bribes became so normal that those on the take, from the lowest to the highest, showed no moral compunction.
Bloated public service and bureaucratic lethargy
Politicos exploited public institutions to dole out jobs and reward stooges and supporters. Many public institutions recruited more manpower than necessary to fulfill political agendas. While public institutions incurred hefty salary costs to pay bloated cadres, service delivery suffered due to low-quality, inefficient manpower. Although the annual budgeting process set quantified targets for quality public service delivery, the government mostly incurred hefty wage bills and overhead costs to pay deadwood and maintain a poor public service, resulting in a double whammy: poor service quality at an exorbitant cost, causing public discontent.
Malfeasance in sleazy public procurements causing snowballing financial ruin
Public procurement is the process by which the government or state agencies purchase goods and services and carry out construction work with private companies from Sri Lanka and/or overseas.
Corrupt, fraudulent, unethical, underhanded, deceitful processes, fast-tracking, opaque procedures that lack good governance, conflicts of interest arising from friendships, family ties and crony capitalism overriding independent oversight, and absence of checks and balances taint the procurement mechanism and cause huge losses to the state.
This entails a huge public opportunity cost, as the state needs to reallocate funds earmarked for urgent public needs to implement loss-making white elephant projects. There are inevitable ripple effects, as mega procurements are implemented as debt-financed projects that entail exorbitant borrowing costs. Thus, when unproductive white elephant projects consume borrowed funds, the state must borrow further to repay borrowings made already. This double whammy caused a public debt spiral. Sri Lanka was inextricably entangled in a debt trap not so long ago and declared bankruptcy in April 2022, largely occasioned by rent-seeking crony capitalism that was rampant in local politics, corrupt procurements, crass extravagance and waste, abuse, mismanagement, defalcation, and embezzlement of public resources, and abuse and misuse of authority for wheeler-sealer self-serving schemes.
Culture of Impunity and Social Decadence
Despite the prevalence of a whole body of legal instruments, a powerful enforcement apparatus with great agility, sharp teeth and real bite to impose stringent punishments, various forms of wrongdoings and offences, all forms of anti-social activities, fraudulent acts, crass misuse, abuse and defalcation of public resources, unethical and immoral conduct including violation of human rights, offences inimical to peaceful existence and fostering of social fabric and perilous criminal behaviour demonstrating callous disregard for human safety and associated with high-risk, life-threatening harm, have continued regardless and sometimes with impunity where offenders are either wealthy or politically connected influential parties.
Essentially, the long arm of the law has failed to curtail and eliminate acts contrary to law satisfactorily.
Wolves in Sheep’s Clothing – Treason Wrapped in Flag
Sri Lanka’s legal framework, anchored in landmark legislation and established penal codes, has not deterred numerous individuals from a wide range of socio-economic backgrounds from deliberately scheming outside the law, blatantly violating it, and circumventing it. When deliberate, well-planned non-compliance occurs at the highest levels where laws are enacted for the public to follow, the whole saga becomes a mockery and a farce. When lawmakers become infamous lawbreakers, what is left to say about the common man who is supposed to comply with the law?
In November 2023, a five-member bench of the Supreme Court of Sri Lanka gave a landmark ruling that certain top-notch politicians, public officers, and groups at the highest echelons of power, including two past Presidents, have “violated public trust and the fundamental right to equality guaranteed by Article 12(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka through economic mismanagement which led to the country being declared bankrupt in 2022.
The lawsuits galore in the limelight today against leading politicians reveal the abhorrent scale of violations and dismal depth of evil machinations orchestrated by politicos and officials, by virtue of their public offices, to exact personal gains of hitherto unseen scale.
Deficiencies in Rule-Based Compliance
Rule-based compliance naturally prompts action to find justifiable deviations, strategic workarounds, legal and procedural loopholes, possible exemptions, and innovative deviations that do not trigger punitive measures. It pivots focus from ethics to logic. There is a great inclination to navigate gaps in the grid and regulatory blind spots. Those with a criminal mentality consistently strive to exploit regulatory boundaries. A highly complex, dense body of rules unexpectedly creates contradictions with possible creative way-outs. Those with financial clout could employ technical expertise to map out avenues of circumvention.
Compliance to Conscience
Compliance signifies mandatory adherence to established rules and procedures. Compliance is transactional, and Conscience is virtue-driven. Compliance is motivated by extrinsic factors, and conscience stems from an intrinsic moral compass. Compliance is acting in fear of punishment for rule-breaking, while conscience entails a broader commitment to social mores, an overarching zest for social welfare, a mission for promoting ethical conduct, a sense of social responsibility, and is governed largely by what is right as opposed to what is wrong and extends far beyond profit-making and convenience to upholding deep-seated core beliefs of righteous behaviour.
Is this possible today?
Today’s world mostly sees an absence of, and/or fast-disappearing, conscience in human conduct. Sri Lanka’s situation is no exception. The rot has engulfed every stratum of the whole society. The more draconian the laws enacted have been, the more inventive, ingenious, and sophisticated the circumvention, cheating, and bypassing have become. It is an endless competition.
Pivoting from convenient, profit-seeking easy behaviour in a world ruthlessly driven by crass commercial and self-serving interests to conscience-dictated, virtue-based moral conduct is akin to asking to walk the straight and narrow.
Education has been producing conformists. It primarily espouses rule-based conduct and not free thinking. It moulds individuals’ mindsets to follow prescribed conduct, with the highest level of compliance recognized as superlative achievement. Hence, institutionalized education today has become a pathway to accomplish materialistic prosperity through career advancement. It is thus a grooming process that equips individuals with knowledge-based, disciplined competencies in a wide range of domains to create economic value. Although education attempts to inculcate ethical behaviour as an integral part of developing individuals’ competencies, today’s educated seem to attach more importance to wealth maximization compared to ethical values. When this situation intensifies, it leads to white-collar crime.
Novel challenges and complexities posed by Digital Disruption and Artificial Intelligence (AI)
Digitalisation is transforming every aspect of human existence. Novel technologies are evolving at lightning speed. AI acts as a catalyst for complex decision-making. AI optimises processes, and its hitherto unseen predictive capabilities and mammoth computing power can consume vast swaths of data and perform an unprecedented number of complex mathematical calculations in a split-second time.
The fast adoption of AI in business and human activities profoundly impacts ethical conduct.
AI determines how decisions are made. AI-based decisions could be discriminatory due to algorithmic bias and may conflict with ethical considerations. Moreover, AI-driven decisions lack transparency, as humans may not understand the underlying rationale. Hence, AI use could generate black-box decisions. Moreover, any failure in an AI-driven decision process may cause confusion about who is accountable.
Example is better than precept
Growing vulgarity in the behaviour of a section of the Buddhist monks recently reveals the abysmal depths to which their conduct has degenerated. The noble discourse of the Peerless Lord Buddha never meant to divide the clergy on parochial political lines to promote the interests of various political factions. Their role is noble: to guide humanity towards ultimate emancipation through righteous conduct. What we see today in the conduct of some sections of the Buddhist clergy is a far cry from the behavioural standards and monastic discipline enunciated in the Buddhist canon. There is doubt whether some monks’ conduct falls within the strict ethical boundaries of the 227 foundational rules applicable to Theravada bhikkus. Mendicants are precluded from engaging in secular business and actively participating in partisan politics. Moreover, falsely claiming spiritual attainments could result in expulsion from the sacred order.
Whether the ugly spectacle of morally bankrupt individuals posing as monks donning saffron robes could evoke ethical conduct among the laity is a sad indictment.
It is not an example that laity should emulate.
Walking the Talk
Lee Kuan Yew practiced a zero-tolerance policy for corruption. The NPP Govt ascended to power on the main plank of eradicating corruption. Although the present regime is conducting its anti-corruption campaign and the drive to eradicate the narcotic drug menace steadfastly and with great zeal as never seen before, there are some indelible marks on the white cloth.
Starting with the Ranwala Fiasco, the government faces censure for the controversial release of some 300-odd containers and the procurement of sub-standard coal, which critics say has led to a colossal financial loss and other undesirable consequences.
The Govt’s handling of fiscal discipline, curtailing elected members’ perks, implementing many public-spirited endeavours, and pursuing legal action against wrongdoers irrespective of their social status and political clout are impressive. However, it is alleged that the Govt is soft-pedaling legal action against its political affiliates.
A quote attributable to Singapore’s founding father Lee Kuan Yew states, “Start with putting three of your friends to jail. You definitely know what for, and people will believe you”
There shouldn’t be halfway measures. The Govt must go whole hog and match words with deeds.
Building a strong moral compass from the very outset of life
Imbuing moral principles, ethical conduct, and integrity must ideally start at kindergarten. Institutionalized education should be designed to inculcate moral traits that guide individuals to distinguish right and wrong from formative days. If a person is morally corrupt, no matter how knowledgeable or skilled, he or she is of no consequence to society. No amount of knowledge, novel skills, and cutting-edge technological prowess can truly serve human well-being unless moral principles and integrity guide their application.
Building strong moral principles in individuals and getting individuals to choose moral-based action, overcoming the irresistible inclination to act in self-interest, is a grueling task. While measures to reform posterity are underway, robust action is necessary to tackle prevailing social ills with steadfast commitment and unshakable resolve. This is a must if a game-changing outcome is to be achieved.
The journey ahead is grueling. But there is no shortcut.
Inspiration
This writer was inspired to write this article by a concluding remark Professor Chandana Gunathilaka from the University of Sri Jayewardenepura made at an event attended by eminent professionals, scholars, and educationists, highlighting that “it is the right time for Sri Lanka to move from compliance to Conscience”.
This remark has resonated with this writer. It is hoped it will gain traction with society today as well.
In fact, the absence of conscience has turned some of those elected to august offices, whom the people trusted as guardians of public property, into public swindlers.