Anti-Corruption Bill, a historic win against bribery, corruption – Justice Minister
Minister Rajapakshe with Sarath Jayamanne, PC at yesterday’s briefing. Picture by Dushmantha Mayadunne
Justice, Prison Affairs and Constitutional Reforms Minister Wijeyedasa Rajapakshe told the media that the passing of the Anti-Corruption Bill was a historic win against bribery and corruption at the Justice Ministry Auditorium yesterday (20).
The discussion focused on special revelations and steps to be implemented of the Anti-Corruption Bill passed on July 19 in Parliament.
This Bill incorporates the present Bribery Bill, CIABOC Bill, the 1975 Assets and Credit declaration Bill and has been presented as one Bill instead of the former three Bills which was passed in Parliament on July 19, 2023 where new laws have been included to ensure the Executive or Legislature cannot interfere with this new Anti Corruption Commission which is fully independent from all entities. Appointing of the three Members of the Commission will be based on their ability, eligibility, suitability, professionalism, transparency and being able to be independent to carry out all functions which will be done based on the final determination of the Legislature by the President without any interference or influence, the Minister reiterated.
The Minister said that most countries pay special attention about this very sensitive topic where even though Sri Lanka had anti corruption laws way back since independence where during the time of former Prime Minister S. W. R. D. Bandaranaike, eight Cabinet Ministers have been removed due to being found guilty on taking bribes. Lot of hard work has been done in the past to eradicate bribery and corruption especially when it comes to politicians and state officials besides those in other fields. Anti Bribery and Corruption Bill was carried out by a special department until 1994. However, they were not implemented in a free and fair manner upholding justice to this date even though former President Chandrika Bandaranaike Kumaratunga implemented the first ever Bill on independent Commission to Investigate Allegations of Bribery or Corruption (CIABOC) and tried her best to eradicate bribery and corruption upon taking oaths as President.
In order to carry out law and order in Sri Lanka as a democratic country, to protect the rights of the people, to improve the economy in the country, bribery and corruption must be brought down to a significant level, he said. 30 years ago Hong Kong and Singapore were two of the most corrupt countries in Asia and Far East regions. However, today these two countries have become leading nations in eradication of bribery and corruption as both countries worked extremely hard to eradicate them, the Minister said.
Due to not having the power to independently function without interference from any parties and not having independent Commissioners in the CIABOC, in the past bribery and corruption in Sri Lanka has not been able to be dealt with effectively till now. In 2004, United Nations initiated the Anti Corruption Charter of which Sri Lanka is also a member country. This Anti Corruption Bill was brought forward after 19 years which was ultimately passed in Parliament on July 19, 2023. This Bill has not been put forward due to any external pressures including IMF or GSP+, he said.
In 2015, the drafting of this Anti Corruption Bill was initiated and handed over to former Direct General of CIABOC and former Senior Solicitor General in the Attorney General’s Department Sarath Jayamanne PC who carried out extensive research on anti corruption laws across the entire world and finally decided on the best suitable set of laws to be included in this Anti Corruption Bill which didn’t go forward since 2018. But it was improved with the involvement of civil society and other independent professional bodies since last year (2022) after forming the present government without any pressures from GSP+ or IMF even though the government had to go to them to get relief during the same time frame where as a result, nobody could oppose this new Anti Corruption Bill which was successfully passed finally after decades, the Minister further said.
Former Director General of Commission to Investigate Allegations of Bribery or Corruption (CIABOC) and former Senior Additional Solicitor General in the Attorney General’s Department who was instrumental in drafting and developing the Bill after carrying out extensive research worldwide Sarath Jayamanne, PC said a psychometric test will be used to check accountability of the Director General and Commissioners and every four months and annually the DG and Commissioners must report to Parliament and public with progress reports on what has been accomplished. This is in order to win the trust of the public and transparency of police and state departments by expediting conclusions of corruption allegations and charges filed. The Commission will not depend on money to be released from the Central Bank to carry out its functions but the required money will be allocated and approved by the Parliament. The Director General of the Commission will be appointed based on the skill set possessed and with at least 15 years of prior experience. He also said that this Commission while being independent is not above the law of the country and the Supreme Court and the Director General has the power and freedom to address and report to the public on its regular findings.