The absence of a robust verification process for the asset and liabilities declarations submitted by Members of Parliament (MPs) in Sri Lanka has ignited widespread concern about the transparency and accountability of the nation’s political leaders.
Despite the passage of the Anti-Corruption Act No.9 of 2023, which mandates comprehensive asset declarations and introduces stringent anti-corruption measures, the failure to implement a reliable verification system casts a shadow over the integrity of these reforms.
As it stands, the asset declarations provided by MPs are accepted without question, leaving the public with no choice but to take them at face value – an alarming reality that threatens to undermine the very principles of accountability and transparency the new legislation was intended to promote.
A step forward?
The Anti-Corruption Act No.9 of 2023 represents a landmark effort to address corruption and enhance transparency in Sri Lanka. One of its key provisions is the mandatory submission of asset and liability declarations by a wide range of public officials, including the president, prime minister, MPs, provincial governors, judges, and senior Government officials.
The act also mandates the creation of an electronic centralised system for submitting and managing these declarations, intended to streamline the process and make it more transparent.
Section 83 of the act specifically requires the establishment of a centralised electronic system for the submission and verification of asset declarations. This system is supposed to automatically detect discrepancies and red flags, triggering further investigations where necessary.
Additionally, the act empowers the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) to conduct preliminary inquiries, investigations, and prosecutions related to bribery, corruption, and violations of asset declaration laws.
Former Justice Minister Dr. Wijeyadasa Rajapakshe highlighted the significance of the new act, stating: “We have included bribery, corruption, declaration of assets, and liabilities in this act. Through the implementation of this act, three acts that have been in force until now have been abolished.”
He emphasised that the Anti-Corruption Act had expanded the scope of anti-corruption efforts, introducing new offences and extending asset declaration requirements to previously exempt officials, such as the president and members of independent commissions.
A system in limbo
Despite the comprehensive legal framework, the reality on the ground is far from ideal. The electronic system, which is supposed to be central to the verification process, remains in development.
According to CIABOC Director of Planning Asanka de Silva, there is currently no system in place to verify the asset declarations of MPs. “As of now, no concrete steps have been taken to bring the verification system into operation,” he said.
Discussions are reportedly ongoing with several international donor agencies to establish the system, but progress has been slow. This delay has significant implications for the effectiveness of the Anti-Corruption Act, as it leaves a crucial aspect of the legislation – the verification of asset declarations – largely unfulfilled.
The asset declarations submitted by MPs are currently available on CIABOC’s website for public access, but they are not subject to any form of re-evaluation or verification. This means that whatever MPs declare as their assets is taken at face value, with no mechanism to scrutinise the accuracy or completeness of the information provided.
When asked about the situation, Secretary General of Parliament Kushani Rohanadeera confirmed that all asset declarations received from MPs had been submitted to the CIABOC but emphasised that the CIABOC had the authority to verify them.
The absence of a verification mechanism for the asset declarations submitted by MPs creates a significant loophole in the fight against corruption. Without verification, there is no way to ensure that the declarations made by MPs are truthful or that they accurately reflect their true financial status. This lack of oversight effectively nullifies the purpose of the asset declaration process, which is to provide transparency and accountability in public office.
Moreover, the current situation allows MPs to potentially underreport their assets or conceal illicit gains without fear of detection. Given that the asset declarations are publicly accessible but not verified, MPs can present a sanitised version of their financial affairs, confident that there will be no scrutiny.
This situation not only undermines public trust in the political system but also creates an environment where corruption can thrive unchecked.
The public’s right to know
The public has a right to expect that their elected representatives will be held to the highest standards of transparency and accountability. The asset declaration process is a critical tool in ensuring that public officials do not abuse their positions for personal gain. However, without a verification process, this tool is rendered largely ineffective.
The Anti-Corruption Act No.9 of 2023 was designed to replace three previous acts and expand the scope of anti-corruption efforts in Sri Lanka. As Dr. Rajapakshe noted: “The word ‘corruption’ has been introduced with a wide interpretation. Many new offences have been included in this act, while provisions to deal with soliciting sexual bribes as well as bribe-taking in the private sector have been newly introduced.”
The act’s intention to create a more transparent and accountable political environment is clear, but its success hinges on the implementation of its key provisions.
When contacted by The Sunday Morning, Ministry of Justice Secretary M.N. Ranasinghe clarified that the ministry’s role was limited to making policy decisions.
He explained that the implementation aspect, including collaboration with the United Nations Development Programme (UNDP) and other donor partners, fell under the purview of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
The ministry is primarily responsible for the enactment of laws, while the Director General and officers of the CIABOC handle the development and execution of implementation infrastructure.