24 May, 2019

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Revisit History Before Launching National Action Plan For Combating Bribery & Corruption

By Chandra Jayaratne

Chandra Jayaratne

Dear Mr. President Maithripala Sirsena,

An Important Note of Caution: To be Aware of the Historical Outcomes: Prior to the Launch of the National Action Plan for Combating Bribery and Corruption

I note that you will be the Chief Guest at the “Warrant of Integrity: The Launch of the National Action Plan for Combating Bribery and Corruption”, scheduled to be held on the 18th of March 2019, at the Shangr-La Ball Room.

I believe it is my duty as citizen activist committed to and championing transparency and good governance, to sound a note of caution, in bringing to your notice and awareness, the duly reported historical outcomes of achievement of the Bribery and Corruption Commission over the last 10 years. I am at this stage unaware, whether the National Action Plan to be launched will highlight the information to be shared with you in this letter.

I believe this information, obtained directly from the Bribery and Corruption Commission, by filing a Right to Information request, will permit you to review the National Action Plan for Combating Bribery and Corruption, being aware  the correct background perspectives. I also believe that the information herein provided will enable you, to raise strategic questions and evaluate their responses from a position of being better informed of the historical achievements.

The key Right to Information questions and their responses are detailed below:

1. The Total number of cases filed in courts of law by CIABOC, during the last 10 years, in connection with allegations of

a) Bribery in Sri Lanka or in foreign Countries, where the alleged bribe(s) was/were in excess of Rs. 10 million, in each such filed case-? Response: One Case –Case Number HCB/32/2017

b) Corruption, where the value of the alleged act of corruption was in excess of Rs. 25 million, in each such filed case? Response:  Nil

2. Total number of cases, out of each category referred to above, which have been concluded by December 2018, with resultant convictions of the offenders? Response:  Nil

3. Total Value of fines imposed and/or assets confiscated/recovered, by December 2018, consequent to case decisions in each of the categories referred to above? Response:  Nil

4. Total number of cases out of each of the categories referred to, which have been dismissed or withdrawn? Response:  Nil

5. The Total costs expended in the maintenance of CIABOC as an institution over the period of 10 years ending in December 2018? Response:

Year  Expenses
Rs. Mln
1 2009 110.87
2 2010 140.47
3 2011 157.63
4 2012 201.23
5 2013 180.67
6 2014 196.13
7 2015 256.33
8 2016 317.44
9 2017 366.36
10 2018 429.38
2,356.51

I believe, a strategic review of the National Action Plan, should begin with a critical assessment of why the aforesaid dismal outcomes were the results over the last 10 years of operation of the Bribery and Corruption Commission? And there after the review should proceed to critically assess the inherent drivers leading to these outcomes and finally to a cost benefit analysis?  Further, it will be essential to ask strategic questions to determine as to whether these dismal outcomes were the results of the:

1. Lack of ‘Political Will” of those in the highest echelons of governance in Sri Lanka in the last 10 years?

2. Lack of a deep sense of Commitment of purpose and Effective Leadership Qualities with requisite Capabilities of those in charge of the Commission?

3. Failure to Motivate the Staff to Seek Excellence in Outcomes, in pursuing national goals of minimization of large scale bribery and corruption?

4. Lack of capable (knowledge, skills attitudes and values) human resources? Especially in the areas of intelligence gathering, detections, investigation, analysis, network links to enhance capacity, and effective prosecution and deterrent punishments , along with essential ‘naming and shaming’?

5. Inadequate financial and infrastructure resource support especially ICT leveraging options?

6. Lack of Effective and committed Management and Implementation processes?

7. Lack of effective systems, procedures, data bases and information links?

8. Lack of intelligence, pooling of intelligence available within law enforcement agencies and lack of joint investigations with effective co-ordination mechanisms to collectively bind the agencies to the realization of justice and national goals?

9. Lack of an effective strategic plan with collective leadership and network facilitation?

10. Restrictions in the legal framework and structural weaknesses of the institution, especially the very restrictive secrecy provisions and outdated legal provisions?

11. Ineffective Communications and lack of public support and low institutional public image?

12. Low stakeholder and citizen support, misaligned inherent societal norms and lack of citizen commitment to realize the impact on them by offenses of bribery and corruption?

And thereafter strategically assess what hurdles, restrictions or external or internal limitations prevented the, overcoming challenges and moving ahead to achieve the goals articulated by national and societal leaders and commitments publicly announced by them,  in line with public expectations?

I trust that in the interests of making a success of realizing the goals and objectives of the National Action Plan to be launched next Monday, you will endorse that this letter to you, should be publicly released: and a national debate and awareness around the findings and issues noted herein be concurrently launched: along with an Executive commitment to support the launch with a well designed public communications campaign.

It is reiterated that above all, the success of the National Action Plan will be entirely dependent on the Role Model Leadership commitment publicly demonstrated by living examples set by the national and societal leaders, without exception and with consistency.  They must in addition, lead the nation and the common citizens to an attitudinal  change of abhorring bribery and corruption and publicly challenging and naming and shaming those who engage in such unacceptable practices. 

Yours Sincerely

Chandra Jayaratne

cc. Secretary to the President

      Director General, CIABOC

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  • 1
    0

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2

  • 4
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    Thanks Chandra,
    According to the Heritage Foundation:
    In 2016, the Sri Lankan parliament launched a collaboration agreement with the U.S. house Democ-racy Partnership to provide training programs for Sri Lankan members of parliament and their staff. That same year, the U.S. agency for International Development (USaID) began a three-year program in Sri Lanka, the Strengthening Democratic Gover-nance and accountability Project. It is designed to “strengthen public accountability systems; improve planning, communication, policy reform, and imple-mentation; and increase the participation of women and under-represented groups in Sri Lanka.”
    US AID cemented the bi-partisan UNP+SLFP Corruption racket that has turned the Sri Lankan parliament and Judiciary into a Cesspit of Corruption in the past 5 years.
    The US claims to be Lanka’s largest trade partner but this is suspect and needs external analysis

    • 1
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      Yes good work indeed. RTI is a boon.
      Which international “aid’ donors lavishly fund CIA BOC to ensure that no bribery and corruption cases are ever filed.
      Duty fee car permit rackets for cesspit parliament
      Avant Guard by US citizen Gota
      Sri Lankan Airlines
      Penthouse Ravi’s

  • 3
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    That is right! Invite as Chief Guest at the “The Launch of the National Action Plan for Combating Bribery and Corruption” the same man who would not allow a former Commissioner of CIABOC to do her job properly because he wanted to protect certain corrupt criminals!

  • 1
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    This article is Like we the freaking Sri Lankans preparing for Space Exploration
    by putting a man on MOON…Yeah I can’t wait…..when is the LAUNCH ? …..?
    *
    What I say may sounds Amusing for Sri Lankans but Politicians aren’t to blame for this Country’s Failure..it is the Government Sector Employees Lazy-Careless-Miserable-yet greedy – utter Time & GRAVE national resource wasters (monetary) – Only 40 Hrs commitment……etc… are the root cause of this Country’s DEMISE…..
    *
    what is required in this country first is to abolish OVER Staffed of government sector & gradually allow Only Least required Intervention on the Society by Government Like TRANSPORT-HEALTH-SECONDARY EDUCATION ……Completely abolish GOVERNMENT Pension…..Digitisation of State Sector will (not like the Central Bank Designed to able to be LOOTED)ensure it’s Efficiency Vastly and Reduce the need of Extra HR….It has estimated SL modestly can manage with 430 000 Gov Employees…..Correctly digitized…

  • 1
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    MAhinda Rajapakse and Ranil did not talk about corruption instead engaged in it.In that way, At least talking about corruption is good. but, there are many talk about SEELA while breaking all the precepts. Parliament is full of those.

  • 0
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    when you say that CIABOC exited even in 2009, it continued in 2015, So, President’s ACtion plan should be one like FCID of Ranil. I heard USAID helps CIABOC. why is that.

  • 3
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    Chandra, there you go. This is one simple example of a dysfunctional state.. A commission established for a purpose comes up with NIL results after 10 years of wasting tax payers money. Now you apply the same to our judiciary and law and order and come to your own conclusion. These are people claiming to provide justice to innocent victims. No politicians found guilty of any crime, murder, corruption —–etc. a TRULY shit hole country.

  • 0
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    Each and every country is corrupt. The difference is the level and the method. Sri Lanka is inarguably one of the worst.
    ,
    No organization, political party or law reforms will be able to overcome this.
    ,
    Only education, enriched cultural values and an economic solution to reduce disparity can overcome the same.
    ,
    We need to come out of our animal level of living. This level our lives are driven by satisfying our senses.
    ,
    Secondly we need to overcome our fears. This level we are driven by the securities of life.
    ,
    Next level is truth, honour and Duty. This level we are driven by recognition and respect.
    ,
    Last level is the spiritual level. This you can’t achieve as a nation.
    ,
    1st level are mainly seen in under developed countries.
    ,
    2nd level is when we come to the developing level.
    ,
    3rd level is when the country is developed.
    ,
    Culture flows from the Top. Hence think twice before you vote this time.
    ,
    Think of the economic plan of the party and the candidates pedigree and education level.
    ,
    Don’t forget we send 225 people to take care of our money and do law reforms. Without a good education and cultural values, they will definitely fail us.

  • 0
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    Thank you Chandra Jayaratne for indefatigably championing transparency and good governance, both of which must go together.
    The information, covering 10 years up to 2017, squeezed off the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) using Right to Information (RTI) is stunning to say the least.
    The silver lining is the sharp increase in cases taken up in 2018.
    .
    The Executive President MS will be the Chief Guest at the “Warrant of Integrity: The Launch of the National Action Plan for Combating Bribery and Corruption”, scheduled on the 18 March 2019, at the Shangr-La Ball Room.
    This will be no more than a very expensive sermon. We, layLankans, know that MS knows that we know that he knows this.
    And the expense?

  • 0
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    My god, MS is talking about integrity. Does he understand what integrity means! Enjoy your overseas trip every fortnight. Because your are a GONNER.

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