Description:
Transparency International Sri Lanka (TISL) has been advocating for reforms of existing Anti-Corruption laws and for the introduction of an improved law repealing and the current laws that fall under the purview of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), commonly known as the Bribery Commission. The government has introduced an Anti-Corruption Bill, which has been in the making for several years, and was shared with TISL in August 2022 by the Ministry of Justice. At a consultation meeting held at the Ministry, the Minister of Justice requested TISL to share the Bill for public consultation.
The Bill contains many laudable provisions on the Establishment of the Commission, Director-General and the Staff of the Commission, Finance, Powers and Functions of the Commission, Protection of Informers, Whistleblowers, Witnesses, and other Persons assisting the Commission, Declaration of Assets and Liabilities, Substantive Offences or Offences relating to Bribery or Corruption, Procedural Offences and Offences relating to the Declarations of Assets and Liabilities. The Bill seeks to amend the Commission to Investigate Allegations of Bribery or Corruption Act, No. 19 of 1994, Bribery Act, No. 11 of 1994 and Declarations of Assets and Liabilities Law, No. 1 of 1975, and amalgamate the same with added areas into one Anti-Corruption Act.
However, asset recovery provisions and sanctions on election candidates for failing to submit asset declarations remain inadequate.
What has been done
- TISL and several others provided their input and feedback on the Bill to the Ministry of Justice, highlighting inter alia, the need to improve independence of the proposed anti-corruption body from the Executive, effective implementation of laws and the need of adequate safeguards for the independence of the Constitutional Committee proposed to be re-established by the 21st amendment to the Constitution.
- TISL challenged the Anti-Corruption Bill (SC/SD 19/2023) on specific constitutional grounds, citing concerns over 37 clauses, particularly Clauses 28(3), 119, and 161. TISL argued that certain provisions are disproportionate and could undermine whistleblower protections, restrict access to information, and suppress freedom of expression, thereby threatening key principles of transparency and accountability. The petition emphasized that the Bill must align with international anti-corruption standards while upholding the fundamental rights guaranteed by the Sri Lankan Constitution.
- TISL’s observations on the Bill included ensuring that public access to declarations of assets and liabilities is made mandatory, measures to prevent the abuse of investigative powers of the proposed Commission, ensuring the independence of the Commission, increasing proposed penalties, addressing private sector corruption and ensuring that the proposed Commission has the liberty to coordinate with other law enforcement entities and relevant institutions.
- Following the public advocacy and observations submitted by TISL and others, the Ministry of Justice shared the latest version of the draft Bill incorporating some significant amendments suggested.
- The Anti-Corruption Bill was passed in Parliament in July with many amendments, with amendments proposed. Accordingly, the Anti-Corruption Act, No. 9 of 2023 came into effect in September 2023. Of nearly 150 amendments made to the initial Bill, approximately 50 amendments were proposed and advocated for by TISL. Among them are, allowing public access to asset declarations filed in the centralized asset declarations system maintained by the CIABOC, ensuring the independence of the commission, subjecting the law to right to information and victim and witness protection law, reference made to Prevention of Offences relating to sports law, increasing fine for most offences up to Rupees 1 million, subjecting electi9on candidates, and staff of the Central Bank and State banks to asset declarations, disclosure of sources and motivation of gifts and donations received by the Commission, binding the Commission to provide justifications for closure of cases upon request of the complainant.
- While there are adequate laws to tackle corruption, the enforcement of such laws remains woefully inadequate. Law enforcement’s ineffectiveness in prosecuting instances of grand corruption, discontinuance of key cases citing technical errors, and deeply problematic withdrawals have led to critical concerns regarding the independence, resourcing and expertise of law enforcement agencies.
What can be done
- Ensure that the CIABOC implements the law equally and impartially.
- Ensure that the relevant funds and human resources are duly allocated for the effective functioning of CIABOC.
- Ensure that the CIABOC is accountable, and the enabling environment to act independently is set up.
- Ensure that the proposed Commission is independent from any undue influence of the Executive resources, the Commission allowing it to function independently.
- Assist the CIABOC by demanding the Government and the Minister to take necessary actions to facilitate fair implementation of the law.
- Ensuring civil society and public participation early in the lawmaking process for meaningful open governance and contribution.
Links
TISL calls for critical amendments and public consultation on the proposed Anti-Corruption Law
Petition filed by TISL https://www.tisrilanka.org/wp-content/uploads/2023/05/TISL_ACB_Petition.pdf
TISL files a petition with the Supreme Court challenging the Anti-Corruption Bill; TISL files a petition with the Supreme Court challenging the Anti-Corruption Bill – Transparency International Sri Lanka
https://www.parliament.lk/uploads/acts/gbills/english/6296.pdf
