COLOMBO – Sri Lanka President Anura Kumara Dissanayake’s proposal to appoint a committee to look for amendments to the Anti-Corruption Act passed by the previous government 2023 to cover legal and technical loopholes when carrying out investigations, was approved by the Cabinet on Monday (Dec 30).
The Anti-Corruption Act was expected to help Sri Lanka rank higher in global transparency and ease-of-doing business indices. However, the new government has found several loopholes stymying the investigation process of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
The anti-graft body has encountered significant legal interpretations and technical problems in carrying out investigations, prosecutions, and administrative and judicial activities in accordance with the Act, the government said in an official document.
“Therefore, the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) has proposed to amend certain sections and to introduce new sections to the said Act,” the government said, adding that the Cabinet of Ministers had approved the proposal presented by the President, to appoint a committee comprising senior officers of the Ministry of National Integration, the Department of Attorney General, and the Department Legal Draftsman under the chairmanship of the Commissioner of the Bribery or Corruption Allegation Commission, to look into the matter.
The panel is to be tasked with submitting a detailed report with recommendations about the sections that should be compulsorily amended and new sections included after studying the provisions of the Anti-Corruption Act.
President Dissanayake-led ruling National People’s Power (NPP) has promised strong anti-corruption measures to eliminate deep-rooted corruption in governance.
However, analysts say the government is struggling to implement its promises because of loopholes in the existing laws and a lack of capacity among government officials.
Former President Ranil Wickremesinghe’s government went ahead with a new anti-corruption law after the International Monetary Fund (IMF) approved a $2.9 billion bailout package after Sri Lanka declared bankruptcy.
Some of the objectives of the proposed Act were to prevent and eradicate bribery and corruption in order to meet the requirements for the general welfare of a democratic society, enhance transparency in governance, strengthen the integrity of governance and increase accountability, enhance public confidence in government and strengthen public participation to eradicate corruption.
The Act was also envisioned to establish an Independent Commission to exercise and perform the powers and functions under the Act and to carry out the responsibilities imposed.
The said commission was to be mandated to conduct preliminary inquiries and investigations into, and to prosecute against, bribery, corruption, offences relating to the declaration of assets and liabilities and associated offences.
The Act was expected to enable the authorities to conduct and coordinate educational activities on the prevention of bribery and corruption, introduce an effective system for the declaration of assets and liabilities to prevent illicit enrichment by public officials, promote inter-agency cooperation and international collaboration in preventing bribery and corruption, and give effect to obligations under the United Nations Convention against corruption and any other International Convention relating to the prevention of corruption to which Sri Lanka is a party to while recognizing international standards and best practices to establish a culture of integrity in Sri Lanka.
However, there have been hardly any alleged corrupt individuals charged under the Act since its enactment.
Under the IMF loan arrangement, Sri Lanka has been urged to reduce corruption vulnerabilities through improved fiscal transparency and public financial management, introducing a stronger anti-corruption legal framework, and conducting an in-depth governance diagnostic, with technical assistance from the IMF.
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