Introduction - Strengthen the laws against corruption

A few weeks ago, the Chairman of the Commission to Investigate Allegations of Bribery and Corruption (CIABOC), Retired Supreme Court Justice Amir Ismail highlighted the need to amend the CIABOC Law.

The LAC's Anti-Corruption Desk while supporting the CIABOC Chairman's plea will go further and call upon the authorities to pass legislation to implement the UN Convention against Corruption (UNCAC) which our Government signed and ratified in 2004 as the third country to do so.

A Parliamentary enactment to implement the UNCAC has become imperative with the Divisional Bench Judgment of Chief Justice Sarath N. Silva, PC in the Singarasa Case (SC. Spl (A) 182/99).

The Supreme Court decided that as Sri Lankan Constitution "adheres to the dualist theory" an international covenant and treaty has to be implemented only by the exercise of legislative power of Parliament.

This in contradistinction to countries that "adhere to the Monist theory where, "Generally recognised principles of international law constitutes an integral part of the Municipal Law". Hence the ratification of UNCAC, however salutary will not be part of the Law of Sri Lanka, unless Parliament recognises same with an enactment.

December 9th every year marks UN Anti-Corruption Day and December 14 is the day on which UNCAC came into operation.

Anti-Corruption Desk of the LAC with the eleven Legal Officers stationed in tsunami affected areas and designated as "Sentinels of Corruption" would commence programmes to urge the Parliamentarians to enact laws to amend the CIABOC Act and also legislate UNCAC into Law.

According to reports received from Sentinels and Newspapers corruption has permeated every aspect of public and even the private sector with disastrous consequences on the poor. After all it is the poor who pays for the corruption in any society. Here are some questions and answers on the UNCAC:-

What is UNCAC?

United Nations Anti-Corruption Convention adopted in October 2003 is signed by 140 signatory countries is "Considered the most comprehensive" anti-corruption international instruments (David Luna).

Has Sri Lanka signed UNCAC?

Yes, Sri Lanka is one of the earliest countries to sign and ratify UNCAC in early 2004. Up to date 140 countries have signed the convention. Few months ago India signed and US President Bush submitted the proposal for formal ratification by the US Senate.

What is the significance of December 14?

For implementation of the UNCAC minimum of countries should not only sign the convention but minimum of 30 countries should ratify.

The 30th ratification was completed with Ecuador ratifying convention last month. Presently out of 140 signatory countries to the UNCAC 70 have ratified hence the convention comes into operation on 14 December 2005.

What is unique about UNCAC?

It is the only comprehensive, Global effort against corruption. In the words of the former US Attorney General John Ashcroft "Corruption steals from the needy to enrich the rich" - UNCAC deals with:-

(a) Preventive Measures

(b) Control of Election Campaign Funding

(c) Code of Conduct for Public Servants

(d) Private Sector Corruption included

(e) Stringent Auditing and Accounting standards

(f) Mobilizing Civil Society Sentinels of Corruption

(g) International steps to recover stolen money stashed in foreign Banks.

(h) Enable countries to recover stolen assets from other countries.

What are the other conventions against corruption?

1998 - EU Convention against corruption which makes it a criminal offence to bribe third country officials to win tenders and contracts. 1999 - Inter American convention against corruption.

What is Corruption?

UNCAC does not define but includes Bribery, Money laundering Nepotism, and abuse of power. In short it means abuse of public position for personal gain or those of kith and friends.

Should corruption be graded?

No. But, some grade corruption as Minor (Tips and Santhosams) and grand corruption such as political and Multi-National cooperate corruption.

What is the worse form of corruption?

All corruption is bad, but Judicial corruption is considered the worst. It corrodes the society and sullies the temples of justice. 2547 years ago, Lord Buddha condemned judicial corruption in stanza 256 of Dhammapada. That judges should abide by the law and not by benefits.

What is "Culture of Corruption"?

Countries which to tolerate corruption as an inevitable fact of life. For example in Sri Lanka since the open economy in 1978 up to 2005, no major offender of corruption had been found guilty.

Private Sector is an important partner in corruption as they are the "givers" especially during election campaigns.

Who are "Sentinels of Corruption"?

CIABOC in Colombo wait for public complaints before taking action. The Sentinels of Corruption who are trained lawyers stationed in Legal Aid Centres, in the first instance in tsunami affected districts spearhead awareness programmes about CIABOC and the UNCAC and advise victims to make complaints in safely.

Anti-Corruption Desk LAC Colombo, will coordinate with CIABOC, Transparency International, agencies to promote "Whistle Blower" protection legislation and regulatory reform. LAC programmes will promote amendments to CIABOC Law and enacting laws to incorporate UNCAC.

What are the consequences of corruption?

Increase transactions costs and reduce predictability. Costs of corruption are ultimately passed on to the poor consumers. Impedes economic development awarding profitable contrasts to wrong people at wrong prices.

Transparency of transactions is suppressed and projects veer towards unsustainable large scale and projects - Money goes from Pro

What mechanisms are in existence in Sri Lanka to curb corruption?

The Commission to Investigate Bribery or Corruption (CIABOC) established in 1994, was ineffective due to bureaucratic fighting until recently. According to 2004 report CIABOC could convict 10 out of 859 complaints mostly from the courts administration.

Transparency International, Sri Lanka Chapter which promotes general awareness on ill effects of Bribery and Corruption

- S.S. WIJERATNE

International Day of Disabled Persons

To mark this Day, the Legal Aid Commission Disabled Persons Desk with its 32 regional centres islandwide conducted a number of programmes to promote awareness among the community regarding disabled rights and protection.

A special joint programme was conducted by the LAC Disabled Persons Desk in coordination with the Mahawewa Sivaraja Deaf and Blind School, Peter Bachmann Foundation and Dunkannawa Swarnadama Foundation on December 7 from 9 a.m. to 1.30 p.m.

Nearly 200 disabled persons participated in this programme and several items were displayed by the disabled children which really touched the hearts of those present and brought tears to their eyes. Lunch was provided by the LAC to all the participants.

A major focus of the Day is practical action to further implement international norms and standards concerning persons with disabilities and to further their participation in social life and development on the basis of equality.

The media too has a responsibility to contribute to this great effort and give its utmost support to observe this Day annually throughout the island.

The meeting was addressed by Justice Hector S. Yapa, Retired Supreme Court Judge and Director-General, LAC and Consultant LAC, Nelum Gamage, head of LAC Disabled Persons Desk Kalani Medagoda, AAL organized this programme and also addressed the differently abled persons. The LAC centre at Chilaw also participated at this programme.