Implement UNCAC (LK0017)

Commitment: Strengthen the anti-corruption framework to increase constructive public participation

Freedom from corruption is a crucial and inseparable element of open government, and must be approached from the dual perspective of apprehension and prevention. The acknowledgment of the prevalence of corruption in the state sector and elsewhere serves as a necessary precedent to addressing the problem in a comprehensive fashion. A multi-stakeholder approach is necessary to ensure the method of addressing the problem is representative and participatory, while ensuring a strong legislative framework that is compliant with Sri Lanka’s UNCAC obligations.

Timeline: August 2016- June 2018

The enactment and implementation of the RTI Act
Lead Agency Office of the President, CIABOC (Independent Commission)
Other Actors FCID, Attorney-General’s Department, All organizations and coalitions interested in anti-corruption efforts (Civil Society, Private Sector)
Issues to be Addressed 1. To ensure conformity with the Constitution (Article 156A) and State’s UNCAC obligations, including the need for the inclusion of the private sector in the anti-corruption framework as referred to in Milestone 1.
2. To ensure coordination and information sharing among various anti-corruption agencies.
3. Lack of an assessment and the findings to be published on the requirement for a cadre of independent investigators on corruption issues.
4. Lack of a national corruption prevention strategy.
5. Need to regulate political campaign financing including disclosure of donors and resource providers.
6. Inability to disseminate asset declarations available to the public.
7. Address the disconnection in the mandate of corruption investigation and money laundering investigations.
8. The need to amend section 17 of the CIABOC Act to share information between corruption investigation bodies.

Main Objective To strengthen the anti-corruption framework and facilitate tri partite; public, private, civil society oversight and ownership of anti-corruption efforts.

OGP Challenge Improve public service deliveries, economical and effective management of state resources, constructive civic engagement in public decision making mechanisms and increase public integrity.

OGP Principles Transparency Accountability Public Participation2. Government to appoint multi-stakeholder monitoring council comprising government officials, civil society and private sector representatives to monitor the implementation of the mandatory and non-mandatory recommendations (1-15) as found in Sri Lanka’s UNCAC Implementation Action Plan. New September 2016 June 2018
3. Government to explore the inclusion in the new constitution a provision to recognize freedom from corruption in the Directive Principles of State Policy, as an element that guides the state in the formulation of its policy. New August 2016 Jan. 2017

17. Implementation of UNCAC Obligations and Constitutional Reform

Commitment Text:

Strengthen the anti-corruption framework to increase constructive public participation (Part II)

[…]

Main Objective:

Milestones:

• 1 Government to appoint multi-stakeholder monitoring council comprising government officials, civil society and private sector representatives to monitor the implementation of the mandatory and non-mandatory recommendations (1-15) as found in Sri Lanka’s UNCAC Implementation Action Plan.
• 2 Government to explore the inclusion in the new constitution a provision to recognize freedom from corruption in the Directive Principles of State Policy, as an element that guides the state in the formulation of its policy.

Responsible institution: Commission to Investigate Allegations of Bribery or Corruption (CIABOC)

Supporting institution: Transparency International Sri Lanka (TISL)

Start date: August 2016.......    End date: June 2018

Editorial Note: The text of the commitment was abridged for formatting reasons. For full text of the commitment, see the Sri Lanka National Action Plan 2016–2018 at http://bit.ly/2wv3jXR. [244]

Commitment Aim:

This commitment also aimed to strengthen the anti-corruption framework by a) monitoring implementation of the United Nations Convention against Corruption (UNCAC) obligations and b) recognizing freedom from corruption in the Constitution.

Status

Midterm: Not Started

Implementation of this commitment was not started by the midterm. The Commission to Investigate Allegations of Bribery and Corruption (CIABOC) and Transparency International Sri Lanka (TISL) confirmed that a multistakeholder council was not appointed to oversee the implementation of UNCAC obligations (Milestone 17.1). ^[245]

Similarly, although the commitment vaguely refers to exploring the inclusion of a provision to recognize freedom from corruption in the Constitution, government and civil society stakeholders concurred that no substantial progress had been made toward this end (Milestone 17.2). ^[246] The director general of CIABOC did note, however, that the responsibility for introducing this provision primarily rested with agents or agencies involved in constitutional reform (e.g., the Elections Commission). ^[247]

End of term: Not Started

There was no progress toward the implementation of this commitment by the end of term.

Milestone 17.1: According to TISL, CIABOC had not confirmed, or referred to, the appointment of a council to monitor the implementation of UNCAC obligations. [248]

Milestone 17.2: TISL also confirmed that there were no significant discussions to amend the Constitution to include provisions on freedom from corruption. CIABOC had, however, independently evaluated potential references, or inferences, to anti-corruption in the existing Constitution, and highlighted such instances on their website. [249]

CIABOC could not be reached for comment. [250]

Did It Open Government?

Civic Participation: Did Not Change

At the outset of the action plan, there was limited, if any, public participation in the implementation of recommendations of the UNCAC. [251] The mandate to implement the UNCAC recommendations emanates from Article 156A of the Constitution of Sri Lanka. [252]

This commitment aimed to introduce a multistakeholder council to monitor implementation of these obligations, and thus contribute to improving civic participation in the country. However, as CIABOC did not appoint this monitoring council, this commitment did not contribute to opening government through increased civic participation.

Carried Forward?

Sri Lanka’s second action plan was not released at the time of this report. In the 2016–2017 IRM midterm progress report, the IRM researcher recognized the importance of ensuring implementation of the UNCAC obligations, and introducing constitutional protection of the freedom from corruption. Therefore, the researcher recommends carrying forward this commitment to the next action plan.

However, the researcher also concluded that stronger enforcement mechanisms can enhance the impact of this commitment. In particular, the researcher recommended empowering the proposed monitoring council to enforce action, or elicit responses and progress reports, from relevant state stakeholders involved in the implementation of UNCAC obligations, or the wider range of initiatives under the corruption prevention plan (see Commitment 16).

[244] In the action plan, all milestones pertaining to corruption are listed under a single commitment. For clarity, the milestones in this report have been separated into six different commitments (see 16–21), each looking at distinct components of the anti-corruption framework.

[245] Sarath Jayamanne (Commission to Investigate Allegations of Bribery or Corruption), interview by IRM researcher, 20 September 2017; Sankhitha Gunaratne (Transparency International), interview by IRM researcher, 17 October 2017.

[246] Id.

[247] Jayamanne, interview.

[248] Maheshi Herat (Transparency International Sri Lanka), interview by IRM researcher, 27 September 2018.

[249] Suggestions and Proposals for the National Action Plan (Commission to Investigate Allegations of Bribery or Corruption) https://www.ciaboc.gov.lk/prevention.

[250] The IRM researcher made several unsuccessful attempts to reach relevant representatives in August and September 2018. Attempts were made via telephone and email.

[251] Herat, interview.

[252] Sri Lanka Const. (as amended up to 15 May 2015), Nineteenth Amendment, p. 48, http://slembassyusa.org/downloads/19th_Amendment_E.pdf.