Under the guidance of President Ranil Wickremesinghe, the current Government has initiated numerous legal reforms, positioning Sri Lanka as a leader in South Asia with the enactment of approximately 75 new laws in the past two years alone. Among these legislative advancements, the Anti-Corruption Act (ACA) No. 9 of 2023 stands out as particularly significant.
The Sunday Observer this week conversed with Sarath Jayamanna PC, the former Director General of the Bribery or Corruption Investigation Commission (CIABOC) to obtain his insights into the law he helped draft aimed at eradicating bribery and corruption through the ACA, which holds immense significance in bolstering the country’s economy and upholding the rule of law.
Excerpts from the interview:
Q: Why is this legislation important to Sri Lanka?
A: High levels of corruption severely impede a country’s development prospects. Developed nations typically exhibit minimal corruption, while developing countries are actively working to combat and diminish corrupt practices.
Notably, in our region, Singapore, Hong Kong, and Bhutan rank among the top 25 countries globally in successfully eradicating corruption, highlighting the critical importance of addressing corruption to foster national progress and prosperity.
A country plagued by corruption inevitably loses out on development and prosperity. Investors are wary of committing capital to such nations, preferring transparent systems where their investments are more secure. The implementation of anti-corruption measures is crucial for fostering an environment conducive to investment and economic growth. Therefore, enacting such legislation is essential for our country to curb corruption and pave the way for sustainable development.
Q: Some have questioned the necessity of introducing a new ACA when Sri Lanka already has several existing laws aimed at preventing corruption. Your comment?
A: Although the Bribery Act of 1954, the Bribery or Corruption Allegations Investigation Commission Act of 1994, and the Assets and Liabilities Act of 1975 were in place, they had not undergone any significant updates. Over the past 29 years, there have been minimal amendments made to these Acts. In 2004, many countries worldwide convened to establish the Convention Against Corruption (CAC), sharing their experiences and strategies.
The United Nations (UN) aimed to encourage nations grappling with corruption to adopt the successful methods implemented by countries that have effectively combated corruption. The UN Office on Drugs and Crime (UNODC) is evaluating the adherence of countries to the UN Anti-Corruption Charter. Sri Lanka has been subject to two such assessment sessions within the past decade.
During these assessments, several shortcomings in our country’s laws were identified by the UN. Both external pressure and our own desire for reform motivated us to address these issues. Consequently, we initiated plans to draft the ACA in 2017. By 2019, we had nearly finalised a draft. However, the change in Government halted the progress of this work. Last year, the Minister of Justice appointed a new committee, which I chaired. We invited various stakeholders to provide input on the draft Bill. Through these collaborative efforts, the Bill was successfully passed by Parliament last year. This legislation was an absolute necessity for our country.
Q: The Opposition is alleging that the bill was brought at the behest of the International Monetary Fund (IMF). Your comment?
A: Regardless of whether the IMF explicitly stated it, we recognised the importance of implementing such reforms and had already initiated the process. The IMF may have suggested its inclusion because we had initially halted the progress we had begun. However, we pursued this Bill not solely because of their recommendation, but because we acknowledged its necessity based on our own initiatives.
Q: What positive outcomes have resulted from the ACA?
A: At the time, the Bribery Commission was perceived as just another Government agency or department, posing a significant challenge for us. However, upon examining countries that have successfully eradicated bribery and corruption, it becomes evident that they treat their Corruption Commissions differently. These commissions are truly independent entities, operating autonomously.
To ensure independence, it is imperative that the Corruption Commission has the authority to recruit the most skilled investigators and experts in Sri Lanka. The Ministry of Public Administration should not have jurisdiction over the hiring decisions regarding these experts. In other countries, independent commissions are granted the power to offer higher salaries to attract top talent.
Thanks to this act, the Bribery Commission has gained the authority to recruit skilled individuals. Previously, the Commission faced financial challenges, as it was allocated funds equivalent to those of a regular Government department when requesting funding from the Treasury. The ACA addressed these issues.
The Government has made a policy decision to appoint young leaders with strong leadership qualities and interpersonal skills to these Commissions, rather than retirees. Additionally, individuals with expertise in areas such as forensic audit, forensic accounting, and engineering/sciences may be recruited as new Commissioners. Moreover, the ACA has expanded the powers of the Commission beyond merely investigating and filing lawsuits, granting it preventive powers as well. Accordingly, the Commission now possesses much broader powers compared to the previous framework. I believe this represents a significant breakthrough.
Q: The ACA introduces new laws in several areas that were not covered by previous legislation. Can you enlighten us about this?
A: In particular, this Act has introduced sexual bribery as an offence, which was not previously covered under bribery laws. Additionally, the Act addresses bribery within the private sector, recognising its impact on the country’s future development. The Act also tackles conflicts of interest by prohibiting civil servants from making decisions that involve their relatives, friends, or family members. It is mandatory to inform senior management about such situations; failing to do so is considered a criminal offence. The new Act includes legal provisions to protect complainants and witnesses.
The Commission now also has increased powers to address perjury and to expand the scope of investigations before the Bribery Commission. This Act applies to all Civil Servants in the country, starting with the President. For the first time, it mandates that the President must also declare his/her assets and liabilities. Every official, including politicians and public representatives at the executive level, is required to submit an Assets and Liabilities Statement (ALS) once a year. Previously, these declarations were handwritten by Government employees. However, under the new law, the information is now added and updated electronically.
Q: The IMF has expressed its appreciation for the implementation of the ACA. Isn’t it having a positive impact on the program to help the country recover from the economic crisis?
A: Surely, if the ACA had not been introduced, even the IMF might have hesitated to release their funds. Fortunately, since we had been drafting this Bill for some time, we were able to pass it quickly. In many ways, it can be seen as a blessing in disguise. The necessary support for implementing the ACA must come from political authorities, public representatives, and heads of Government institutions who have a crucial role to play in this process.
Q: Opposition leaders and MPs have stressed the need for laws that facilitate the repatriation of stolen wealth taken out of the country. What agreements exist in this regard?
A: A separate law is currently being drafted for that purpose. The Cabinet has approved the report prepared by the committee chaired by Supreme Court Justice Yasantha Kodagoda on the related proposals, and a draft based on that report has been prepared. It has been forwarded for drafting and I anticipate the law will be ready within the next three or four months.
Q: As the Commission’s authority expands, transparency becomes increasingly important. What measures have been implemented to ensure transparency?
A: Various measures have been implemented to enhance transparency. The Bribery Commission is now required to submit a progress report to Parliament every three months. Any complaints received by the Bribery Commission must be investigated and addressed. If a complaint is rejected, reasons for the decision must be provided. Moreover, if an investigation is halted prematurely, the complainant must be informed of the reasons and provided with all relevant information regarding the complaint.
Separate procedures have been established regarding the withdrawal of cases. In prosecuting private companies, we have implemented our system after studying the practices adopted by developed countries. Another crucial aspect of the commission’s transparency is that, under the Freedom of Information Act, individuals can request information about the Bribery Commission’s operations.
However, this information is provided in a manner that does not compromise ongoing investigations. The Director General has been granted the authority to provide updates on the Commission’s progress and the challenges it encounters. Additionally, public support is essential for the successful implementation of the commission’s work.
Q: What is the public’s responsibility in this regard?
A: The responsibility to eradicate bribery and corruption can no longer rest solely on the shoulders of the 100-150 individuals within the Bribery Commission. Both public and private sectors must actively participate in this endeavour. Collaboration and collective action are crucial in this regard.
Translated by Maneshka Borham
