No adequate powers for Bribery Commission for independent investigations
 

by E. Weerapperuma

Justice Ameer Ismail, Chairman of the CIABOC said that although the Act Nos,19 and 20 of 1994 unanimously promulgated by the government intended to create a Permanent Commission to Investigate Allegations of Bribery or Corruption and incorporated a series of consequential and other amendments to the Bribery Act of 1954, the Commissions established under Act No.19 of 1994, did not empower it to launch an independent investigation. It could act only upon a communication made to it, of which only a small proportion would be specific, detailed and worth pursuing.

He said so addressing those present at the launching of the UNDP project to strengthen the Commission to Investigate Allegations of Bribery and Corruption held at the BMICH recently with Prime Minister Mahinda Rajapakse as chief guest.

Justice Ameer observed that Institutions in which the government has a stake could not be investigated as they were not included in the Act as Scheduled Institutions. He further said that the role of the Commission in society in the prevention and creating awareness of the evils of bribery and corruption has not been spelt out and said the Commission has identified amendments to the law with a view to streamlining its implementation.

The objective was to confer on the Commission genuine independence, apparent to society and that it would be an entity not accessible to the government. The primary concern was to rid the public life of this country of bribery and corruption and of the most repugnant forms of the abuse of government power.

While the Commission was to be emblematic of the Government's commitment to redeem and reform a polity the events of the succeeding years concerning the Commission demonstrated the problem of maintaining an effective and an independent institution in a political culture that is not conducive to these values." We need the support to achieve a corruption free society", he told the Prime Minister whom

He referred to as one of the architects of the Commission. It has been said that "the need to cleanse this rot requires top to bottom exercise because what we see at the bottom is just a manifestation of the leadership at the top", he added.

He also pointed out that there was assurance to provide with an appropriate and qualified staff that has not been done in any significant way. Considering the nature of the work the importance of a competent legal and investigative staff cannot be over emphasised." A Commission with a limited competent legal staff and an untrained investigation unit on loan from the Police department, liable to be transferred and withdrawn, and an administrative staff under the disciplinary control of the Public Service Commission cannot reasonably be called an independent commission to combat bribery and corruption", he pointed out.

7The Commission lacks the resources to train its legal and investigation staff in strategy to combat corruption. Courts have recently been harshly critical of their performance in Courts. The Courts on the other hand, overlooked the provisions in our law and the provisions in the international human rights conventions that do not prohibit placing the burden on the defence in assets cases provided that the onus of proving the charge against him remains throughout on the prosecution.

The most damaging to society is large scale bribery and corruption as opposed to petty bribery committed by persons of status and authority with the cunning and resources to elude detection and arrest. Assiduous investigation should be conducted, documentation compiled and sufficient evidence amassed to secure a conviction in Court. Sophisticated investigation requires a formidable investment in skilled man power, equipment and technical expertise, he said.

UNDP Resident Representative Miguel Bermeo in his address said that right to development was an inalienable human right and all people are entitled to participate in, contribute, and enjoy economic, social, cultural and political development as declared by the United Nations General Assembly in 1986.

He said that the UNDP considered it a privilege to have got involved in assisting CIABOC's new activity. "Our contribution is very modest beginning and much more work needed to be done to fully realise the vision of the Commission", he said.

He went on to say that the research done by the UNDP and others have led to conclude that `corruption has a pervasive and troubling impact on the poor since it distorts public choices in favour of the wealthy and powerful, and reduces the State's ability to provide a social safety net'. "Such corruption would therefore,interfere with the right to development, which is an inalienable right enjoyed by all people including the poor", he said.

"Corruption hurts the poor disproportionately-by diverting funds intended for development, undermining government's ability to provide basic services, feeding inequality and injustice and discouraging foreign investment and aid",he said quoting UN General Secretary Kofi Annan.

He observed that a corrupt state creates a vicious circle in which the state quickly loses its authority and ability to govern the common good."Corruption makes it possible for critics to be silenced, for justice to be subverted and for human rights abuses to go unpunished.

When corruption reigns, basic human right and liberties come under threat, social and economic contracts become unpredictable. Corruption affects both civil, political rights, economic, social and cultural rights", he added.