Message of the Chairman, Human Rights Commission of Sri Lanka, on International Women’s Day 2008:

Duties and responsibilities for betterment of women

I am pleased and honoured to send this message and my best wishes on International Women’s day. Last year I sent a message and this year I am sending my second message and probably next year will be my final message before this Commission relinquishes its duties in May 2009.

International Women’s day first emerged from the activities of the Labour movements in the 20th century in North America and across Europe. It was first observed in 1909 in USA on 28th February.

Thereafter every year it was observed in different parts of the World. In 1945 the Charter of the United Nations affirmed the principle of equality between men and women and thereafter it was continued in different parts of the World, with the help of the UN and its agencies.

In 2005 in the World Summit leaders re-affirmed that gender equali and human rights are essential to advance development, peace and security.

Women’s works continue to be undervalued, underpaid or not paid at all and women are unrepresented in decision-making bodies or positions. Out of the many children not attending schools, majority are girls, out of many who are uneducated, majority are girls. Worst of all violence against women and girls go unabated.

That is why International Women’s day is so important to remind us of our duties and responsibilities. It calls all of us to work together with Government, International organizations, civil society and other private sector to recognize women’s and girls’ rights and to prohibit violence against them.

There is chilling evidence of violence against women and girls all over the world. It is violation of human rights and major impediment to achieve gender equality, development and peace.

Such violence is unacceptable whether perpetrated by State and its agents or by strangers in public or private sector in peace or in war. States have obligation to protect women and girls from violence, to hold perpetrators accountable and to provide justice and remedies to victims.

Failure to meet such obligations is unacceptable and it will amount to condoning the crime and encourages further abuses, but also gives the message that male violence against women acceptable and normal.

The result is the denial of justice to the individual victims/survivor as well as the reinforcement of the prevailing gender inequality.

Eliminating violence against women and children remains one of the most serious and urgent challenges of our time.

Violence against women is the most common but least punished crime in the world. Figures taken from Secretary-General’s in-depth study on violence against women (2006) (A/6/122/Add.1), reveal shocking news of violence against women and children in many parts of the world.

Human Rights Commission will endeavour to do all that the Commission can, not only on this day but throughout the years.

S. ANANDACOOMARASWAMY Chairman Human Rights Commission of Sri Lanka

Tackling corruption in the context of Sri Lanka - Part 4

Speech by Justice Saleem Marsoof PC, Judge of the Supreme Court of Sri Lanka at the conference in Colombo organised by the Commission to Investigate Bribery and Corruption under the theme ‘Mainstreaming anti corruption - search for Strategies’ to mark International Anti Corruption Day recently.

Continued from March 10

Article 7(2) of the Convention attempt to discipline those involved in the decision making process by requiring governments to prescribe criteria concerning candidature for election to public office.

Articles 7 (1) (d) and 8(2) also stress the need for codes or standards of conduct for those who hold such office.

Article 7(4) of the Convention also focuses on the prevention of conflicts of interest among those holding public office. This is one area in which, to the best of my knowledge and experience, Sri Lanka can improve.

Political

The lack of popular support and the political will for transparency and avoidance of conflicts of interest in Sri Lanka is reflected in the fact that the National State Assembly under the Constitution of 1972 failed to prescribe, by law, the types of contracts which a member of the National State Assembly ought not enter into with the State or a public corporation while sitting and voting as a member.

The omission was first noticed in Dahanayake v De Silva (1978-79-80) 1 Sri.L.R. 41, in which the Supreme Court was able to fill the lacunae by resorting to a repealed provision of the Soulbury Constitution, but no amends were made by the National State Assembly or by the Parliament that was established under the Constitution of 1978, so much so that the Court of Appeal was compelled to strain even more when the same issue cropped up in Dilan Perera v. Rajitha Senaratne (2000) 2 Sri LR 79. If Sri Lanka is serious about the prevention of corruption in the public sector, its law makers should wake up from this type of slumber.

Corruption

At the public sector level, Article 7 (1) of the Convention emphasizes the need for adopting and strengthening transparent systems for public sector recruitment and promotions.

In this regard, it is noteworthy that while the political will towards enhancement of the integrity of the public service reached its climax with the enactment of the Seventeenth Amendment to the Constitution in 2001, it is unfortunate that the trend could not be continued due to hiccups that have occurred in the process of implementation of the said Amendment.

It is ironic that in the publication entitled “Performance, Accountability and Combating Corruption” (Public Sector Governance and Accountability Series, Ed: Anwar Shah, IBRD 2007), at page 34, the enactment of the Seventeenth Amendment is hailed as an “indigenous initiative” which came ‘from within’ at “the cost of some loss of local discretion and the increase in bureaucratic delays” (ibid., page 35).

It is suggested in this work that had the citizen ‘voice’ been “harnessed to create a constituency for the reform that would have helped it survive” (ibid., page 35)/

Article 9 of the UN Convention Against Corruption emphasizes the need to put in place transparent systems for procurement, the adoption of objective criteria for public procurement decisions, the review of decisions of procurement authorities and taking effective measures to promote transparency and accountability in the management of public finances.

Article 11(1) of the Convention also requires the State Parties to take measures to strengthen integrity and to prevent opportunities for corruption among members of the Judiciary as well as the Prosecution Service.

One cannot hope to have a corruption-free public service or management of public funds if the Judiciary and other law enforcement agencies are prone to corruption. These are areas that require attention from legislators, policy-makers and administrators in Sri Lanka.

On the community side, Article 10 of the Convention requires State Parties to take measures necessary to enhance transparency in its public administration and highlights the need for public access to information relating to governmental decision-making.

Article 13(1) of the Convention also requires the government to promote the active participation of individuals, the private sector, civil society, non-governmental organizations and community organizations in the prevention and the fight against corruption.

Information

In this context, it is necessary to highlight the need for a Right to Information Act in the lines of legislation adopted in even third world nations such as India, but it must be remembered that the legislation would make it necessary for public bodies and officers to be geared to answering queries raised by the public in an efficient manner through the efficient use of laws such as the Electronic Transactions Act No. 19 of 2006.

Article 13 of the Convention also stresses the need to enhance public awareness about the role of anti-corruption bodies such as the Commission for the Investigation of Bribery and Corruption.

An innovative provision of the Convention is Article 12 which requires the State Parties to take measures to prevent corruption involving the private sector.

This is particularly important because more often than not, private sector corporations and individuals induce corruption in the public sector for their private gain.

As John Agyekum Kufuor, the President of Ghana once observed when talking of corruption:

“...the best way of addressing the menace is to address it from its causes, while measures are put in place to deal with its symptoms in all their manifestations.

.... Our belief is that deterrence and prevention are better than cure but in the case of fraud and corruption deterrence, prevention and cure must go hand in hand. The cost of deterring fraud and corruption is far less expensive than detecting and investigating them.” (See: http://www. ghana.gov.gh/ghana/you_must_change_strategy_tracking_fraud_president.jsp)

Corruption

As corruption is “the enemy within” the will to eradicate corruption should also come from within, that is deep from the hearts and minds of the people, those in power, administrators and law enforcement authorities.

It is therefore time to take note of the lament of the current Chairman of the Commission to Investigate Allegations of Bribery and Corruption that -

“Despite Sri Lanka being signatory to the UN Convention against Corruption as well as a member of the Asia-Pacific Anti Corruption Initiative (See box story), successive governments have shown little political will to make a concerted effort to combat corruption with the subject losing priority and getting little mention even in an election manifesto.” (Chandani Kirinde, “A Strategy to Combat Corruption, The Sunday Times of 12th November 2006)

This situation should definitely change if we are to make any meaningful progress in the battle against corruption. Let us therefore resolve - to take the Bull by the Horns.

(Concluded).