By Basil Fernando –

Basil Fernando

Due to the recent elections, there is now a great expectation for some decisive change. Everybody agrees that the election results show a very definite rejection of the old way, the old leadership, and the traditional style. People want something very different.

What is the most important change that the people are expecting, which can also be done within a short time? That is the decisive question. There is definitely complete consensus on the issue that the most important change needed is to take very decisive steps to begin dealing with, and ending, corruption.

Corruption is the most important evil against which people voted. It has almost become a belief that corruption has become so entrenched that it is not possible to have any change.

Those who oppose this change do it in a very subtle way. They say that they are opposed to corruption, but that they have only heard allegations about corruption; where is the proof? And if there is no proof, how can we believe it is true? And how can things ever change?

This subtle and hypocritical approach hides the fact that what is lacking is not proof but investigations. The heart of the matter when it comes to the prevention of corruption in Sri Lanka is the ineffectiveness of the commission against bribery and corruption, and, in particular, the ineffectiveness of the investigative mechanism of that commission. Investigations into complaints are done by persons who are recruited from the police, taken from their normal criminal investigation work. They are not specialists trained and qualified to specifically investigate into corruption.

Corruption involves many aspects that are different from other crimes (e.g. murder, rape or theft) because they involve financial transactions of a very sophisticated nature. Corruption today is a very sophisticated affair. Therefore, the criminal investigator who looks into crimes related to corruption must have the competence to deal with these problems. That cannot be expected from an ordinary policeman who routinely deals with various petty crimes and is sent to the bribery commission on  a secondment basis.

An officer doing routine police work, or even a higher-level office like an ASP (Assistant Superintendent), is suddenly given an appointment into the bribery commission and they are given files relating to very powerful people – powerful financially, as well as politically. They are expected to deal with problems that involve accounting, auditing and modern financial transactions. The police training is not aimed at that kind of thing. Therefore, the most important step that should be taken to deal with corruption is to stop recruiting police officers to the corruption commission as investigative officers on a secondment basis.

Instead, as it is done in several other countries now, people should be recruited from other professions, ones that are providing the kind of training that needs to be possessed by a person dealing with problems related to corruption. There are enough highly educated people in Sri Lanka who can fill those positions at any time if they are called upon to do so. For the future, from the very inception, when young people are recruited, they should be recruited for a career in corruption prevention, as it is done in other countries. Then we will have professional people with all the competence needed to deal with corruption issues.

We do have such officers in relation to other crimes, as we know from experience, and the new government under the new president has taken the right steps to choose some new leadership into the policing sector. Similar steps should be taken in the anti-corruption sector. A competent person should be given a leadership position and given the responsibility of reshaping the investigative part of the crimes relating to corruption.

There is more than necessary proof but only competent investigators can find such proof, and who can organize it in such a way that convictions would be possible in a court of law that guarantees fair trial and upholds the rule of law.

Therefore, the essential element that is needed for the stability of Sri Lanka today as well as for keeping the confidence of the people on the actual possibility of change is the take decisive steps on this issue: the immediate appointment of competent investigators into the corruption issue. If this is done, it will affect every area of life in Sri Lanka. It is possible to achieve the primary goal of returning to governance under the rule of law, re-establishment of discipline in the civil service, and also the creation of the background for economic develop.

Corruption is killing the development of local production. It is always the small producer that begins the process of local development of capital and enterprise. Today, anybody who undertakes even a small enterprise is beset with problems caused by corruption from every quarter. This also affects the middle level of businesses, and of course the topmost level. Every level is affected by entrenched corrupt practices.

There is no point repeating that corruption exists or complaining about it. What is needed is action. The most important action is the ensure that proper investigators are put into positions that are involved in corruption-related investigations. For that purpose, the practice of using officers who are on secondment from the police has to stop. It is necessary to begin the immediate recruitment of various professionals from various fields to contribute to this most vital national task.