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Accountability for economic crimes 

18 Sep 2022

  Bad enough the ignominy of being reduced to a bankrupt nation, the world is now beginning to label Sri Lanka as one of the most corrupt nations on the planet. While the country has no other option but to beg for financial assistance, the world is making it very clear that any help that will be extended will be subject to the strict condition that corruption has to be tackled as a matter of priority. This unfortunate situation has come about as a result of the clear lack of political will to fight this menace despite the fact that it is the single biggest cause of the country’s current plight. Therefore, it has become necessary for not only the International Monetary Fund (IMF) to specifically demand action against endemic and systemic corruption that is bleeding the nation dry, but also for the United Nations Human Rights Council (UNHRC) to incorporate the issue in a new draft resolution. In addition, the visiting USAID Administrator also drew attention to the issue and emphasised the need for political reforms and accountability to go hand-in-hand with economic reforms and economic accountability.  Ever since the end of the war, the Government of Sri Lanka has been engaged in battle at the UNHRC over allegations of war crimes, resulting in at least a couple of resolutions that have required the Government to make necessary reparations and set in motion the reconciliation process. However, this time at the ongoing sessions in Geneva, the Government is facing a new hurdle with demands of accountability for economic crimes.  In justifying the grounds for this intervention, the UNHRC, in its new draft resolution titled ‘Promoting reconciliation, accountability and human rights in Sri Lanka,’ has pointed to the fundamental principle that protection of human rights is inextricably linked to the fight against corruption.  The Council notes that the protection of human rights and the fight against corruption are mutually reinforcing and that corruption can have a serious impact on human rights and, invariably, it is the marginalised sections of society that are most at risk of its adverse impact. The resolution also points to the critical importance of access to information, transparency, and accountability in combating corruption – all of which unfortunately are in short supply in this country, more so in recent times. The UNHRC through its new resolution has called on the Government to not only address the ongoing economic crisis, but to also ensure it does not happen again. Towards this end, it has called on the Government to investigate the causes that led to the crisis and, where warranted, to prosecute those responsible. This is where things are likely to get tricky for the President who is at the mercy of the very individuals who stand accused of causing the crisis.  It will be recalled that the President, in concluding his recent Budget speech, referred to the lyrics of a popular Sinhalese song, which asks ‘are we the only ones spinning in one place while the world rushes along leaving us alone?’ By failing to investigate and punish those responsible for the country’s economic crisis, it is no one else but the President who is making this country lag behind every other nation. Unless and until someone is prepared to take the bull that is corruption by the horns, the problem will persist and Sri Lanka will remain in the rut its politicians have dug for it. The lack of political will has rubbed off on the legal arm of the administration, which in recent times has displayed a shocking lack of appetite to prosecute cases – even where there is clear evidence of corruption. A classic example is the SriLankan Airlines Airbus procurement scandal, which only surfaced as a result of court proceedings in the UK. Even though the British Court punished those found guilty in that particular scandal, despite the availability of documented evidence, no legal proceedings have been initiated against the locals who were found to be involved in soliciting a bribe of $ 16 million, of which $ 2 million had been disbursed via various bank transactions. Take the case of the Pandora Papers, which identified a close relative of the former first family as having amassed a fortune of nearly $ 200 million, stashed away in off-shore accounts. Again, despite documented evidence and even an order by the former President calling for a report in one month, many moons have now passed without so much as a whimper from the authorities. The scandals that come to light on a regular basis, involving mind-boggling amounts – most recently, the procurement of LP Gas and coal for the Norochcholai Plant – have not elicited any response from either the Bribery Commission or the Attorney General’s Department. Needless to say, the ordinary people, who will ultimately have to pay for what is robbed, have, at the very minimum, the right to know whether these allegations are credible and, if so, immediate punitive action from the relevant authorities. Even in the matter of the Easter Sunday attacks, with a noticeable reluctance on the part of the State prosecutor to move the wheels of justice, it has been left to the Catholic clergy to seek justice through a private plaint. It is this culture of impunity that has caught the attention and condemnation of the world, even though our own political as well as administrative authorities remain deaf and blind to the pillage taking place. Contrast this with the hyperactive conduct of the authorities when it comes to serving the ‘needs’ of political masters. Last week a lawyer was hauled up before Court by the Police for honking to the rhythm of a protest slogan. The cops rightfully received an earful from the judge for their trouble, but it only goes to show the extent of servility of the Police to political masters.  This episode in fact prompted the President of the Bar Association to note: “Do we laugh or cry at the antics of some officers of the Sri Lanka Police and their masters? If they devote their time and effort to more serious criminal investigations, perhaps the country will be a better place to live in.” In response to the UNHRC resolution on economic crimes, the main Opposition has questioned as to why the Attorney General’s Department has not pursued these crimes, when it has had all the time in the world to prosecute protesters on the most absurd charges. It is this lethargy and indifference to the issues that matter on the part of the chief legal entity of the State that has prompted calls to set up an office of an independent prosecutor, with the primary task of addressing allegations of economic crimes.  This particular authority must also be entrusted with the task of recovering stolen assets, which is the only way that the world will be reassured that Sri Lanka is finally on the mend. In the interim, the onus is on the Government to quickly and effectively take whatever measures necessary to seek accountability for the economic crimes that have rendered this country bankrupt and also set in motion the complex procedure to recover stolen assets. Just as much as the country’s economic crisis has drawn the attention of the UNHRC, it has also expressed concern at the ongoing crackdown on dissent in its new draft resolution. It is regrettable that a world body has had to intervene on behalf of the people of this country to ensure even their most basic rights


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