Features
Post-election Dimensions of Governance—Revival, Reconstruction and Reconciliation
by C. Narayanasuwami
(A member of the former Ceylon Civil Service and Retired Senior Professional of the Asian Development Bank, Manila, Philippines)
There has been substantial discussion in recent weeks on what follows next after a convincing victory by the JVP/NPP. Informed and analytical articles have appeared in the country’s main media outlets outlining the varied tasks at hand for the new government to fulfil its mandate to the people. This Paper is intended to highlight a few priority areas for initiating development guided by the principles of good governance.
Components of Good Governance
Good Governance has been singled out as the most important criterion for sound development management. A World Bank Report on Governance and Development (1992), states that “good governance is central to creating and sustaining an environment which fosters strong and equitable development”. This concept has been reiterated several times subsequently in recent years.
The components of good governance are identified as follows; (i) an effective policy framework that incorporates both growth and equity-oriented policies, (ii) a corruption free management system that rewards good performance, (iii) a well-founded institutional framework, including a good public administrative structure with sound recruitment and retention policies for civil servants, (iv) a qualified, competent and skilled workforce at different implementation levels and (v) overall politico-legal framework that supports non-discriminatory policies, and promotes initiative and dynamism in project and program execution.
Sri Lanka has suffered substantially in upholding many of these requirements/values in the last few decades largely due to the adoption of ill-conceived policies and implementation structures, which combined with entrenched corruption in the entire body politic, seriously undermined effective execution of planned development interventions. Today we are at the crossroads because of the rampant misuse of public funds, flagrant violations of the rule of law and inefficient delivery of public services.
Prioritising and formulating developmental interventions
The tasks that lie ahead are formidable – the government must start working on areas requiring immediate intervention. The writer offers his views based on his own personal experience as a senior public servant in Sri Lanka and as an international civil servant who offered his services to 24 countries in the Asia- Pacific Region as a senior professional of the Asian Development Bank (ADB). The suggestions that follow may evoke controversy but every citizen has the right to offer his/her thoughts on subjects of national importance.
In his first policy speech in the Parliament, the President identified key areas that require intervention, specifically drawing attention to agriculture, rural development, poverty reduction, fisheries, tourism and elimination of corruption, among others. The state of the country warrants simultaneous action on many of these areas. The question that arises is whether the country’s current implementation framework and public service orientation will be conducive to support initiatives in this regard without system change.
System change
was strongly endorsed during the elections and remains the key issue for the government today. Changing highly entrenched practices and procedures require commitment, accountability and a high sense of integrity. As the President himself noted in a recent public speech, corruption has seriously undermined the effectiveness of even the Anti-Corruption Watchdog. Several interrelated issues must be addressed on an urgent basis if system change is to become a reality.
Reforming Public Service
Reforms cannot be instituted unless systems inimical to change management and development are drastically modified or changed. Mr. Lee Kuan Yew, former Singapore Prime Minister is credited with the statement that a “little bit of totalitarianism is essential to develop countries which have remained lethargic for years”. This is undeniably an apt statement in the context of Sri Lanka which needs to adopt strong policies to make the public service deliver.
There was a recent statement that the public service is overstaffed with around 750, 000 of the 1.3 million staff considered redundant. A ‘needs review’ should be undertaken as soon as possible to carefully evaluate the scope for reduction and possible retirement and redundancy payments. This should be done in consultation and coordination with staff unions to ensure that the overall scope for redundancies is mitigated by re-employment in new ventures, transfers or changes in roles.
The issues relevant to this phenomenon have been addressed in several documents in the recent past – the writer addressed this problem in a Paper published by the Centre for Policy Alternatives, Colombo in April 2016 entitled, “Public Administration in Sri Lanka and the 19th Amendment to the Constitution: Prospects for the Future”. This was further elaborated in his book, ‘Managing Development: People, Policies and Institutions’ published in 2019. Several strategies were identified to redeploy and retrain superfluous staff, merge staff functions and retire unproductive staff through ‘Golden Handshakes’ or similar incentive filled approaches. Unfortunately, very little has been done up to date.
It may be prudent to look at the historical context and learn from lessons to determine changes required to deepen developmental thrusts.
Phases in Sri Lanka’s Development Trajectory
The history of Sri Lanka’s development is characterised by several phases closely following the thoughts and actions of leaders who controlled its destiny since independence. The immediate post-independence period, 1948-1956, much of it under the first Prime Minister, Mr. D.S. Senanayake was the first development phase. This phase arguably was the period of agricultural reawakening with priority accorded to the renewal of the tank civilization. Several initiatives were taken to build, renovate and revive ancient tanks for agricultural development. Simultaneously, colonization schemes or tank-based settlements were established in hitherto underdeveloped areas such as Anuradhapura and Polonnaruwa. Epoch-making changes in the social sphere such as the establishment of the free education system and an equally accessible health system greatly beneficial to the citizens of Sri Lanka, created new opportunities for revitalising the tradition-bound social structure.
The second phase from 1956-1965,
turned out to be a period of mixed development in agriculture and industry with a substantial loss in the tempo of development due to the 1958 racial riots, the Sinhala Only Bill, and poor political leadership which undermined social cohesion and economic stability.
The third phase -1965-1970-
saw some progress in accelerating agricultural production with emphasis given to both plantation and domestic agriculture. No concerted efforts were made however, to address some of the fundamental problems affecting the industrial sector.
The next phase-1970-1977
-witnessed some success in enhancing agricultural productivity with equal emphasis given to paddy and subsidiary food production. This period saw the country moving toward self-sufficiency in subsidiary food production but unfortunately it did not last long because of rebel activity – JVP insurrection and LTTE activism- resulting in increased suppression and damage to life and property island wide.
The 1977-1989
phase was a turning point for private sector involvement in development activities which embraced garment industries, telecom and tourist-oriented ventures, in addition to development of small and medium scale enterprises. The private sector emerged as an engine of growth for the first time. Despite these positive developments, the country had to encounter significant downturn in agricultural productivity and social mobility, again due to civil conflicts and insurgencies, both in the north and south. The burning of the Jaffna Public Library, an insensitive and abhorrent event in Sri Lanka’s history, added to increased ethnic tensions.
The ensuing phase-1989-1993
witnessed continued civil conflicts leading to subdued development activities. The major thrust in development during this period was in state sponsored housing and urban development.
The next phase 1993-2004 and thereafter from 2005- 2020
could be categorised as the infrastructure era with roads, railways and airports given considerable investment support along with substantial private sector investment in export-intensive garment industries and agricultural products. Despite these efforts, the country’s growth remained stagnant because of corruption and mismanagement particularly after 2005, altering the pace, direction and durability of investment operations. This led to significant decline in valuable international goodwill and support. Variations in governance, including diminished trust and accountability in government operations, and the establishment of less impact projects such as airports created widespread dissatisfaction among the general populace.
Lessons of Development Learned during the past seven decades.
The foregoing analysis suggests that during the past seven decades Sri Lanka witnessed uneven, isolated and disjointed development efforts and substantial break up of social cohesion
that led to significant exodus of the population to western countries in search of greener pastures. The level of dissatisfaction and disenchantment was convincingly proven in the overwhelming support given by the people to JVP/NPP and Anura Kumara Dissanayake (AKD) in particular, at the recent elections.
The major lessons of development could be summarised as follows:
· Development operations were centred on programs and projects that reflected the ideals, political philosophies and the entrenched thought processes of the ruling elite and was not assessed in a holistic manner taking into consideration the diverse needs of a multi-ethnic nation. There was no long-term vision although several 10 year and five-year plans, and a ‘Regaining Sri Lanka’ planning document were prepared. The tragedy of planning in Sri Lanka was that at no time did any of the development plans enlist all-party support and were not viewed as development visions representing overall national perspectives.
·Planning and executing development projects require mature skills in project development and consistency and continuity in implementation. Malaysia adopted a singularly successful monitoring system in the sixties and seventies. Relevant operations came under the direct purview of the then Prime Minister of Malaysia. The establishment of an ‘Operations Room’ in the Planning Secretariat of Sri Lanka in the late 1960s to monitor implementation, including identification of shortfalls with a view to taking remedial action, was an innovation that was adapted from the Malaysian model. This worked well initially but the momentum declined in subsequent years when enthusiasm waned with the change of governments. The concept was revived in 2022 but its operational performance has not yet been evaluated. It is widely recognised that development requires continuity, enlightened monitoring strategies and thoughtful mid-term interventions for achieving good outcomes.
· The three-decade civil war led by the Liberation Tigers of Tamil Eelam (LTTE) severely damaged development operations, and the impact of this was noted in destroyed infrastructure, dilapidated irrigation systems, neglected agricultural activities, and destruction of small-scale industries, all of which resulted in increased poverty and distress among the affected population.
· Social cohesion was destroyed, and ethnic tensions had a pernicious effect on communal activities destroying peace, trust and happiness among well-bonded village communities.
· Unbridled corruption was pervasive from the level of the grass-roots level institutions to heads of institutions/departments making investments costly, unattractive and less profitable. This has had serious repercussions making investors run away from future investments. This was epitomised by a recent statement made by the departing Japanese Ambassador. The result unfortunately was less development and more social dislocation and suffering.
The above analysis confirms how governance approaches, including contradictory socio-economic policies, and lack of a long-term vision contributed to less effective and disjointed development over seven decades. The country continues to remain a developing nation while some of its neighbours have graduated to a first world status. Singapore followed by Malaysia are two examples of countries which had similar beginnings like Sri Lanka but developed fast to overcome their developing country status. Times have changed and a new mandate has been given to revive, review and reconstruct a nation bedevilled by past policies of mismanagement. Past mistakes should serve as solid lessons to promulgate a revitalised approach to development.
Delivering development amidst challenges and opportunities
Policy and Implementation Framework
While policies are framed at the political level the support mechanism for policy planning and implementation are orchestrated through administrative structures. It is axiomatic that an overarching super ministry is given the responsibility for planning and implementing development projects and programs. This has generally been the case in Sri Lanka and many other countries in the region. The President of Sri Lanka has taken over the responsibility for overall management of the ministry of finance, planning and economic development. Plan implementation should be considered central to planning and development and accorded high priority.
The ministry is expected to have overall supervision and oversight in the following areas;
· Support for Policy formulation,
· Designing implementation strategies, including setting of targets, establishing monitoring mechanisms and coordinating delivery of outputs,
· On-going monitoring and post-evaluation of projects and programs.
The current implementation strategies follow a centralised pattern utilising existing decentralized administrative structures at the provincial, district, divisional and grama sevaka levels. The adequacy of the existing administrative structure for planning and implementation needs to be reviewed, restructured and adapted to focus on project/program results/outcomes.
While individual ministries are responsible for implementation of sector-specific programs, it is important that there is proper oversight and coordination at the level of the ministry of plan implementation to ensure that implementation proceeds as originally proposed and that there are no impediments to achieving the intended outcomes. As the functions of monitoring and evaluation are key aspects of project management, it is essential that a highly professional team is set up at the planning ministry level with responsibilities for designing an implementation strategy that accords high priority to achieving targeted results. At the same time, it is important that the ministry also establishes sectoral oversight units or committees consisting of two or three senior staff to oversee implementation at sectoral ministry level by closely monitoring, interacting, and coordinating delivery of anticipated results.
Evaluation of projects/programs
periodically is another management exercise that goes hand in hand with regular monitoring to assess impact and ascertain the level of achievement of anticipated and actual outputs and outcomes. Countries which succeeded in maintaining a rigid, well-coordinated and supervised monitoring and evaluation system such as Malaysia, Singapore, South Korea, Peoples’ Republic of China and currently Vietnam have lessons to offer in this regard. Although Sri Lanka had received considerable multilateral assistance, including from the Asian Development Bank (ADB), to set up good monitoring and evaluation systems since the nineties, and staff were trained, the results achieved fluctuated over the years due largely to management shortcomings and limited enthusiasm displayed by sectoral ministries and departments.
Agriculture, rural development and poverty alleviation
Over 75 percent of Sri Lanka’s total population resides in rural areas and agriculture remains the backbone of the economy. Domestic agriculture has for decades remained traditional with a few innovations here and there. Though considerable success was achieved in providing improved seeds, better extension services, including advanced fertilizer and agro-chemicals (except during the period of President. Gotabaya Rajapaksa who was misguided to change over to the use of organic fertilizer), further technological improvements are necessary to help modernise agriculture.
Procurement, sale and marketing strategies have not progressed adequately to ensure timeliness, efficiency and improved prices to the farming community. Milling continues to remain an oligopoly constricting the emergence of small and medium scale millers. Rice prices are manipulated by the millers to the detriment of both producers and consumers. Reorganisation of agricultural marketing, including activation of modern tools, methods and practices, require more sophisticated government support.
Agricultural and rural development activities complement each other
and provide scope for advanced initiatives in other areas such as construction of rural roads and bridges and setting up of small-scale agro-industries. Improving the scope and content of rural development activities with focus on employment and income generation would constitute important transformative activities in line with the JVP/NPP manifesto and its public announcements during the election. The success of endeavours will depend on the commitment, direction and leadership provided by the different ministries and departments tasked with varied sectoral activities such as agriculture, industry, irrigation, rural development and transport.
Poverty cuts across sectors and territorial boundaries and affects about 26 percent of the population in Sri Lanka.
There is therefore a critical need to address poverty on a holistic basis. Both agricultural and rural development initiatives should be targeted to address extreme poverty in the first instance followed by other vulnerable groups. Infrastructure and industry related projects should also seek to improve the livelihood of rural people whose income levels are below the poverty line.
A separate unit in the ministry of plan implementation should ideally be responsible to initiate, monitor, evaluate and document poverty alleviation efforts undertaken by all ministries.
While sectoral ministries will target special programs for poverty alleviation, the role of the special unit in the ministry of planning should be to ensure that there is no overlap and duplication of efforts and that the final outcomes match originally proposed results. Success stories of other countries such as South Korea and Malaysia clearly suggest that direct interventions and targeted approaches brought about convincing improvement in the livelihood of the rural people.
Reconciliation
One of the hallmarks of the last election was the unity achieved among all communities to elect a new government to work towards equality and fairness in delivering the fruits of development. Having set out openly to achieve development for all, the President has a Herculean task now to complete it. He is aware that missed opportunities, lost ethnic harmony and resultant civil war, and rising corruption levels eroded the benefits of development and made people to wish for change. The nation is now looking for redemption and resolution of the ethnic conflict once and for all.
The question of whether the solution lies in implementing the 13th amendment to the Constitution in full or adopt a new variation ultimately lies in the hands of the government. The President has reiterated that he is for devolution of power and functions to the periphery. The writer considers that substantial devolution of power and functions to the periphery without prejudice to the powers and integrity of the central government would go a long way to satisfy ethnic aspirations.
Question arises as to what kind of structure is viable and justifiable. Looking at the countries around us and beyond, substantial devolution should involve decentralized power to manage education, health, land, police and revenue operations. While the aim of the government should be to ensure equality, justice and fairness for all, a structure is warranted to give legal status to this commitment. Whether this should be achieved through improved delegation to the existing provincial councils or through a new structure could only be settled at the political level with the participation of the concerned ethnic communities. Lack of progress in achieving a consensus can further delay development and hamper efforts to reaching economic stability and social transformation.
Review and revision of existing regulatory provisions for attracting foreign investment and promoting tourism.
Restrictive regulatory policies and practices have hindered the development process considerably in the recent past. Sri Lanka must set up a special overarching institution that will cut red tape, ease restrictions inimical to investment, and provide easy access to investment opportunities. Our embassies, and consulates should be instructed to raise the image of the new Sri Lanka that is willing to engage in fair and reasonable international trade cutting across red tape and corruption.
Tourism has great potential in Sri Lanka because the country is endowed with significant natural resources, including scenic landscapes with beautiful mountains and valleys, moderate climate, and pristine beaches. Tourism cannot be promoted merely through advertising and related promotional activities. Thailand attracts millions of tourists (32 million in 2024), and Vietnam 12.5 million in 2023, because of the exclusive tourist-oriented policies and well-coordinated institutional framework servicing the tourist industry. Improved administrative structure for tourism should facilitate easy entry and exit formalities for tourists. For example, easing of visa restrictions, reduction of cumbersome immigration procedures, improved airport and aviation facilities, and strengthened hotel services serve as important packages for attracting tourists and making them feel welcome to the country. The country has the resources – intellectual and financial – to formulate a new image that will promote tourism and expand trade potential that would help enlarge its foreign reserves.
Conclusions
This paper serves to provide a synopsis of developmental interventions over the last seven decades and identifies issues that constrained development over this period. It also highlights some of the pervasive impediments to development such as ineffective governance, mismanagement, public service inefficiencies and corruption. Some of the more pressing developmental areas that require intervention in line with the proclaimed policy statements of the current government are outlined and discussed with the objective of drawing the attention of the government to move forward decisively.
There is commitment and leadership to steer the country toward the path of development. Priorities therefore need to be accorded to (a) reforming the public service, (b) mitigating if not altogether eradicating corruption in the short term, (iii) moving forward to restructure agricultural and rural development policies to alleviate poverty, improve productivity and generate better employment and income, (iv) promoting international trade and investment, (v) attracting more tourists and (vi) resolving the ethnic conflict by promoting reconciliation and making structural changes through constitutional arrangements.
(To be continued next week)
Features
Foreign funding and private donations for CIABOC
Reform of the Anti-Corruption Act – Part I
The Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) announced last month that amendments to the Anti-Corruption Act of 2023 were on the cards so as to restrict public access to the assets and liabilities declarations filed with the Commission. The information, released in 2025, caused profound embarrassment to the present government, but was received very well by the public and any attempt to restrict that information flow at this stage, may prove to be very unpopular.
The popular demand now would be that organisational entities, like political parties and trade unions, also be required to file assets and liabilities declarations with the CIABOC, instead of just the individuals holding positions in such bodies.
Be that as it may, there are some serious issues that need to be rectified in the Anti-Corruption Act of 2023. Foremost among them is Section 31(4) (b) which states that the fund of the CIABOC can receive money “by way of donations, gifts, bequests, or grants from any source whatsoever, whether within or outside Sri Lanka, subject to the approval of the Minister assigned the subject of Finance.”
Those who would be motivated to give gifts and donations to a body like the CIABOC would only be those who want to influence it in some manner to achieve a collateral purpose. While the English version of the Anti-Corruption Act states that the CIABOC can receive such funds “from any source whatsoever whether within or outside Sri Lanka”, the Sinhala version of the Act has sought to disguise that intention by using more opaque wording which goes as: “Sri Lankawa thula ho Sri Lankawen pitatha pihiti yam mulashrayakin”.
The English “any source whatsoever” has been diluted in the Sinhala version by the use of the phrase “yam mulashrayakin” which roughly translates as ‘from a certain source’. When the Sinhala word ‘yam’ is used and nothing more is specified, in practice it becomes “any source whatsoever”! The difference in the way Section 31(4) (b) has been worded in the English and the Sinhala versions of the Anti-Corruption Act of 2023 clearly reveals the villainous intention behind this provision.
Giving the Finance Minister a say in approving such donations gives an incumbent Finance Minister undue leverage over the Commission. We must be mindful of the fact that the Finance portfolio has often been held by the President.
The Indian policy
Section 31(6) of the Anti-Corruption Act states that the source and purpose of such foreign and local private donations have to be made public by the Commission, within one month. However, even if funding is received openly, that does not mean that such funding is given without a collateral purpose. Journalists, like Shamindra Ferdinando, and Malinda Seneviratne, have taken up cudgels in the past about foreign interested parties, like USAID openly funding organisations, such as the Bar Association of Sri Lanka, and certain associations of journalists. Does anyone remember what President Donald Trump said about the activities of USAID? A law enforcement agency, like the CIABOC, should never be left open to the contagion of private funding by local and foreign interested parties.
India imposes strict limitations on all Indian citizens with regard to the receipt of foreign funds under the Foreign Contributions (Regulation) Act of 2010. These limitations apply to politicians at all levels of government, judges, public servants and even journalists, cartoonists and political activists. The Indian restrictions apply not only to money or property but even to foreign trips and other forms of foreign-funded hospitality.
India would never allow its premier anti-corruption law enforcement body to directly receive funding from abroad or from private donors within India. The Indian anti-corruption body that corresponds to Sri Lanka’s CIABOC is the Central Vigilance Commission of India. Section 13 of the Indian Central Vigilance Commission Act of 2003 states that all expenses of the Commission will be charged on the Consolidated Fund of India. In Sri Lanka, too, all expenses of the CIABOC should be a charge on the Consolidated fund of Sri Lanka.
Because of the enormous power that it wields over the lives of all politicians, public servants, and judicial officers in Sri Lanka, the receipt of foreign funding or private donations by the CIABOC impacts negatively on the national interest and even the sovereignty of Sri Lanka. The power of the CIABOC is such that it’s like the Police Department, Attorney General’s Department, parts of the judiciary and the executive presidency all rolled into one. Sections 32 to 72 of the Anti-Corruption Act outlines the wide ranging powers wielded by the CIABOC.
The CIABOC has complete and total control over their officers and employees. The appointment, salaries, conditions of service, promotion, disciplinary control and dismissal of their employees is handled entirely by the Commission itself. In contrast to this, such matters with regard to the Police, the Attorney General’s Department and the Judiciary are handled by the National Police Commission, the Public service Commission and the Judicial Services Commission, respectively. The checks and balances that apply to other law enforcement entities do not apply to the CIABOC.
The CIABOC can recruit staff from other parts of the public service (which includes the Police Department). However, the police officers taken into the Commission do not function under the IGP but under the authority of the Commission which effectively gives the CIABoC its own police force. Authorised officers of the CIABOC can manhandle and arrest suspects without an order from a Magistrate, enter and search any premises, or vehicle, seize any article deemed necessary for their investigations and use force if necessary in carrying out these functions. They can carry out undercover operations and use bugging devices.
The Commission can summon any person and examine him on oath or affirmation; obtain details of transactions and accounts from banks, obtain information from the Inland Revenue Department, freeze bank accounts, order the Controller of Immigration and Emigration to impound passports. With the sanction of a Magistrate the CIABOC can direct any person to unlock or unencrypt digital devices and intercept messages. Following such investigations, the CIABOC can institute criminal proceedings against the persons concerned in the Magistrate’s Court or the High Court.
Under Sections 67 and 71, the CIABOC can withdraw or defer the indictment against the accused after taking into account considerations such as the national interest and public interest; the views of the victims of the offence; and representations that may be made by the accused person or his lawyer. In withdrawing such indictments, the CIABOC may impose on the accused conditions such as publicly expressing remorse and apology before the High Court, providing reparations to victims of the offence, publicly pledging to refrain from committing further offences or to permanently refrain from holding elected or appointed public office.
Most powerful law enforcement agency
Thus, we see that the CIABOC controls the entire gamut of law enforcement in relation to offences coming within its purview. From manhandling and arresting suspects, obtaining statements under oath, seizing documents and other goods, searching premises, freezing bank accounts, impounding passports, to conducting criminal prosecutions in Magistrate’s Courts and High Courts, and even granting clemency to accused individuals, the Commission controls the entire process.
No single institution, whether it be the Police Department, the Attorney General’s Department, the Judiciary or the Executive Presidency, wields such extensive power over the lives of key government functionaries, public servants, judges and ordinary citizens. Even the President’s power to pardon offenders is restricted in so many ways. However, the Commission can grant clemency to anyone facing legal proceedings on nothing more than the representations made by the alleged offender’s lawyer and on the condition of not committing such offences again or agreeing never to hold public office again.
Leaving an exit pathway, such as that envisaged in Section 67 and 71, is a good policy in criminal justice administration, especially when it comes to bringing to a conclusion cases with many grey areas. Hence, we do not question the power conferred on the CIABOC to grant clemency under Sections 67 and 71. However this provision, when taken together with the other powers of the Commission, immeasurably increases its power. In the hands of the wrong people, the powers of the CIABOC can be used to pressurize and remove targeted individuals from public life.
Any foreign or local interested party that provides private donations to the CIABOC, under Section 31(4) (b) of the Anti-Corruption Act, will in effect be buying influence over Sri Lanka’s most powerful law enforcement agency.
In 2010, over half a million US Dollars in cash was found in the possession of a close relative of a candidate at the Presidential election. In December 2014, foreign currency totaling well over one million USD was discovered in the possession of a relative of another presidential candidate. In more recent times, many media personalities have commented on the manner in which the 2025 assets and liabilities declarations of certain government figures reveal large inflows of cash in 2022 – the regime change year.
Against such a backdrop, allowing an all-powerful law enforcement agency, like the CIABOC, to accept donations from foreign and local interested parties, can hardly be in the public interest. Hence, Section 31(4) (b) of the Anti-Corruption Act should be repealed.
(To be continued tomorrow)
by A Special Correspondent
Features
Sri Lankan Airlines Airbus Scandal and the Death of Kapila Chandrasena and my Brother Rajeewa
The death of Mr Kapila Chandrasena (KC), the former CEO of SriLankan Airlines, caused quite a stir in the country. A few politicians, particularly from the opposition, tried to take advantage of the confusion surrounding his death, whilst social media went into a frenzy, with everyone having a theory as to the cause of death.
Even Transparency International Sri Lanka (TISL), the independent anti-corruption watchdog, issued a public statement urging the Government to ensure a full, transparent, and credible investigation into the circumstances surrounding Kapila Chandrasena’s (KC’s) death. TISL further emphasized that the Government bears a responsibility to protect the integrity of the judicial process and to ensure that individuals connected to high-profile investigations are able to participate in proceedings in a safe and secure environment.
While such concerns are understandable, I strongly believe that it is necessary to await the findings of the magisterial inquiry before reaching conclusions regarding the cause of death. To speculate irresponsibly, particularly to fit pre-existing political beliefs, is unfair not only to the deceased but also to his grieving family and loved ones.
First and foremost, I wish to convey my sincere condolences to the family of KC. I understand personally the trauma and anguish associated with losing a loved one unexpectedly and under tragic circumstances.
My brother’s death
Unfortunately, the death of KC also resulted in renewed interest in the death of my brother, Rajeewa Jayaweera, in June 2020. Some individuals on social media attempted to link his death to the newspaper article he published on the Airbus scandal involving SriLankan Airlines, KC and his wife.
Some people even circulated photographs of my brother’s body at the site of the incident across social media platforms. This was deeply insensitive and extremely distressing to my sisters and me. The loss of a sibling under tragic circumstances is something from which one never fully recovers. It took our family years to come to terms with his passing, and to have those painful images resurfaced in connection with an entirely unrelated event reopened old wounds unnecessarily.
On behalf of my sisters and myself, I wish to state unequivocally that my brother, Rajeewa Jayaweera, took his own life in June 2020 due to personal circumstances. His death had absolutely no connection whatsoever to his writings regarding the Airbus scandal. Neither the Rajapaksas, nor any political actor, nor any state agency was involved in his death. The magisterial inquiry into the matter returned a verdict of suicide.
Those who know me personally are aware of my forthright and combative nature. Had there been even the slightest credible suspicion surrounding my brother’s death, I would never have rested until justice was pursued. Since this was clearly established as a case of suicide, I sincerely hope that those who continue to circulate unfounded theories will finally allow the matter to rest with dignity.
The Sri Lankan Airbus scandal
The alleged payment of a USD 2 million bribe by Airbus SE to a shell company established in Brunei by the wife of a senior SriLankan Airlines official came to light following the approval of a Deferred Prosecution Agreement (DPA) between the UK Serious Fraud Office (SFO) and Airbus SE.
The DPA was approved on January 31, 2020 by Dame Victoria Sharp, President of the Queen’s Bench Division, sitting at the Crown Court in Southwark. The award represented one of the largest global anti-corruption settlements in modern corporate history.
The Airbus investigation by the SFO extended far beyond Sri Lanka. It involved allegations of bribery and corrupt practices linked to aircraft purchases by AirAsia and AirAsia X in Malaysia, SriLankan Airlines, TransAsia Airways in Taiwan, PT Garuda Indonesia, Citilink Indonesia, and military aircraft transactions involving the Government of Ghana.
The approved judgment contained specific references to the SriLankan Airlines transaction (page 12, points 41 to 44). It alleged that Airbus employees, contrary to Section 7 of the UK Bribery Act 2010, failed to prevent bribery involving individuals connected to the airline’s aircraft procurement process between July 2011 and June 2015.
According to the Statement of Facts, Airbus engaged the wife of an individual connected to the aircraft acquisition process through a shell entity described as “Company Intermediary 1”. Airbus employees allegedly offered up to USD 16.84 million in commissions in relation to SriLankan Airlines’ purchase of ten Airbus aircraft and the lease of four additional aircraft. Ultimately, only USD 2 million was allegedly paid.
The judgment further stated that Airbus employees sought to disguise the identity of the beneficial owner behind the intermediary company and misled the United Kingdom Export Finance Agency (UKEF) regarding the intermediary’s qualifications, aviation experience, and role in the transaction.
The smoking gun from Sri Lanka that commenced the UK SFO investigation
The matter became particularly significant because it was the concerns raised by UKEF regarding the SriLankan Airlines intermediary that ultimately triggered the wider SFO investigation into Airbus. UKEF questioned why an individual with little aviation experience and who was domiciled outside Sri Lanka had been engaged as a business partner in such a major transaction.
Airbus reportedly provided misleading and inaccurate responses to those concerns in February 2015. Unsatisfied with the explanations provided, UKEF escalated the matter, which subsequently contributed to the formal investigation launched by the SFO in July 2016.
Ironically, what appears to have been a poorly concealed and amateurishly structured bribe involving SriLankan Airlines ultimately became one of the catalysts for a global corruption investigation that resulted in Airbus paying penalties approaching EUR 4 billion across the United Kingdom, France, and the United States.
Under the settlement approved in the UK, Airbus agreed to pay approximately EUR 991 million into the UK Consolidated Fund, including disgorgement of profits and financial penalties. Simultaneously, French and American authorities imposed additional penalties amounting to nearly EUR 3 billion.
Aircraft procurement and corruption
The Airbus matter once again highlighted a longstanding global reality: aircraft procurement has historically been highly vulnerable to corruption. The purchase of aircraft involves enormous financial values, complex financing arrangements, confidential negotiations, intermediaries, export credit agencies, and political influence. These factors create conditions for improper payments and abuse of authority.
Globally, there have been numerous allegations over several decades involving commissions, hidden intermediaries, and questionable consultancy agreements linked to aircraft purchases by both commercial airlines and governments. It is generally believed that the average commissions paid are between 3% to 5% of the order value.
The cost to Sri Lankan taxpayers
One of the most undesirable aspects of the Airbus affair is the financial burden ultimately borne by ordinary Sri Lankan taxpayers.
In 2015, the Government of Sri Lanka decided to cancel the order for four Airbus A350 aircraft as they were deemed unsuitable. As a consequence of that cancellation, SriLankan Airlines incurred penalties estimated at approximately USD 140 million, equivalent to roughly Rs. 19.2 billion at the time.
While Sri Lankan taxpayers absorbed these enormous losses, the United Kingdom taxpayers benefited financially from the Airbus settlement. The UK Consolidated Fund received almost EUR 1 billion arising from the penalties imposed on Airbus.
The contrast is stark. Sri Lanka suffered substantial financial losses as a result of a transaction tainted by allegations of corruption, while foreign governments received the benefit of the resulting fines and penalties.
The questions raised by my brother
My late brother, Rajeewa Jayaweera, wrote an article about the Airbus scandal in an article published in the Sunday Island on February 16, 2020, titled “SriLankan Airlines Airbus Deal”. In the article, he referred to a SriLankan Airlines Board meeting held on October 27, 2016.
According to his article, Board Minute 7.3 dealt specifically with reports that Airbus was under investigation in Europe for bribery-related offences. Rajan Brito, who was then a director of the airline, reportedly informed fellow board members about the investigations and tabled draft letters intended for Airbus, Rolls-Royce, and AerCap.
Those draft letters reportedly suggested that the aircraft transactions may not have been based solely on commercial considerations and sought information regarding the role of facilitators and intermediaries.
However, according to my brother’s article, Brito’s proposal to send those letters was reportedly ignored on the basis that the airline was negotiating favourable terms to cancel aircraft purchase commitments and that sending such letters might sour relations and disadvantage the airline.
However, my brother believed that the decision not to proceed with Brito’s letters was controversial and highly questionable, and that the airline could have sought the assistance of the PNF (Parquet National Financier) to investigate the deal and seek financial restitution, given that the order was allegedly tainted by corruption, particularly given the emerging evidence of corruption surrounding the transaction.
Even today, an important question remains unanswered: did the Government of Sri Lanka or any subsequent board of SriLankan Airlines seriously attempt to recover the USD 140 million cancellation penalty, along with any inflated amounts paid after the global corruption findings against Airbus became public?
The slow pace of Sri Lankan justice
Following the public release of the UK judgment on January 31, 2020, Sri Lankan authorities moved relatively quickly to initiate legal proceedings against KC and his wife.
On February 4, 2020, arrest warrants were reportedly sought. On February 6, 2020, KC and his wife surrendered to the Criminal Investigation Department (CID) and were remanded until March 4, 2020, when they were released on bail.
The allegations reportedly related to accepting a USD 2 million bribe and engaging in money laundering activities. Press reports also indicated that travel restrictions had been imposed.
However, six years later, the matter still appears unresolved. Based on publicly available information, indictments were reportedly filed before the Colombo High Court in 2022. Since then, several hearings dealing with procedural and preliminary issues have reportedly taken place, but the substantive trial itself has yet to properly commence. With KC now deceased and reports suggesting that his wife may have absconded, the prospects of successfully prosecuting the matter appear increasingly uncertain.
Many Sri Lankans understandably feel frustrated by the slow pace at which corruption-related cases proceed through the judicial system. This frustration is particularly acute where allegations involve politically connected individuals or transactions involving massive losses to the public.
The public perception is that investigations move slowly, prosecutions are delayed for years, and accountability is often ultimately avoided through procedural delays, political changes, or the passage of time.
To be fair, corruption cases involving international financial transactions are inherently complex. They require cooperation between multiple jurisdictions, access to banking records, mutual legal assistance processes, forensic accounting, and substantial documentary evidence. Nevertheless, the extraordinary delays contribute to growing public cynicism regarding the administration of justice.
It is also worth noting that the UK proceedings against Airbus did not publicly identify KC by name. Much of the public discussion in Sri Lanka has therefore relied on local investigations and media reporting rather than the UK judgment itself.
According to information available in the public domain, the alleged funds connected to the USD 2 million payment ultimately found their way into an Australian bank account linked to KC. Given the reputation of Australian authorities for cooperating with international law enforcement investigations, many members of the public expected a faster and more decisive legal process in Sri Lanka.
In that context, a detailed public explanation by the Attorney General’s Department regarding the legal and evidentiary challenges affecting the case may help improve public understanding and confidence.
SriLankan Airlines: A continuing national burden
The Airbus controversy cannot be viewed in isolation from the broader failures surrounding SriLankan Airlines over several decades.
The national carrier has accumulated debts estimated at approximately USD 1.2 billion, equivalent to nearly Rs. 350 billion. This translates to a burden of roughly Rs. 16,000 per Sri Lankan citizen, including millions who have never travelled on the airline.
Successive governments have interfered extensively in the airline’s operations. Political appointments, weak governance, lack of commercial discipline, and poor strategic decision-making have contributed significantly to the airline’s decline.
Far too often, individuals lacking meaningful aviation expertise have been appointed to key board and management positions. Political loyalty has frequently taken precedence over competence and experience.
The decision to terminate the management and ownership partnership with Emirates remains one of the most controversial episodes in the airline’s history. Many industry observers believe that decision alone cost Sri Lanka billions of rupees in lost opportunities and operational deterioration.
Despite repeated financial losses and mounting taxpayer burdens, very few individuals have ever been held accountable for the disastrous decisions that contributed to the airline’s decline.
The current Government faces an unavoidable reality. SriLankan Airlines cannot continue indefinitely as a financially unsustainable state enterprise funded by taxpayers already struggling under severe economic hardship. Decisions regarding the future of the airline must be guided by commercial reality rather than political ideology or emotional nationalism.
Ultimately, the Airbus scandal is not merely about one individual or one alleged bribe. It reflects deeper structural weaknesses involving governance, political interference, accountability, and institutional failure within Sri Lanka.
Sadly, a relatively young man has now lost his life amidst these events and controversies. Regardless of the allegations against him, that remains a human tragedy. At the same time, the country must continue to demand transparency, accountability, and institutional reform so that such scandals are never repeated.
(The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the policy or position of any organization or institution with which the author is affiliated).
By Sanjeewa Jayaweera
Features
High stakes and hidden hands: Navigating the maze of electronic financial fraud
Electronic or digital financial fraud is the current, extremely distasteful description of a blight that has hit the entire globe; a menace that is perpetrated through an unbelievable labyrinth of interconnected dishonourable and nasty manoeuvres. In an era where our financial lives are increasingly becoming digital, the “perfect financial crime” no longer requires a getaway car. It just needs a high-speed internet connection and stupendously brilliant, depraved and Machiavellian minds.
Modern scams have advanced far beyond the poorly spelt emails of the past. They are now extremely sophisticated operations exploiting psychological manipulation and deep-fake technology. Financial fraud has evolved from simple street-level deception into a complex, multi-billion-dollar industry. It has been manipulated through many different currencies in different parts of the world. In Sri Lanka, the landscape of scams has shifted from traditional “pyramid” schemes to sophisticated digital heists and institutional bond scandals that threaten the very fabric of our national economy. From an international outlook, financial fraud is becoming increasingly transnational. Sri Lanka is currently under intense scrutiny by the FATF (Financial Action Task Force). Sri Lanka falling onto the “Grey List” again would have severe repercussions, potentially causing international banks to suspend payments to the island, severely upsetting our exporters.
The financial fraud profile of Sri Lanka has gone from “Bonds” to “Glitches”. Our country has been rocked by high-profile financial irregularities that serve as a stark warning about institutional integrity. First was the Treasury Bond Scandal. Often cited as the largest financial scam in the nation’s history, the Central Bank bond issuance of 2015 highlighted the risks of Insider Trading and the manipulation of government securities. The fallout cost the public billions of rupees, demonstrating how high-level collusion can bypass traditional safeguards.
The recent problem where the Treasury remitted a very large amount of foreign currency to a different portal to which money should not have been sent is a special type of Financial Fraud problem that seems to have been instigated by a deceptive email. It is under investigation at present, and it appears that it is the money that had been earmarked for foreign debt reconciliation. It is the taxpayers’ money that has been allowed to be swindled by unscrupulous crooks.
Then there is the National Development Bank (NDB) “Glitch” Controversy.
The entire banking sector was shaken to its roots by reports of a massive multi-billion-rupee fraud at the NDB. This incident, often referred to in local circles as “The Glitch,” involved the alleged diversion of funds through a sophisticated manipulation of the bank’s internal accounting systems.
Then there are the perceived Guardians, who often serve as Whistleblowers. The fight against such deep-seated corruption rarely begins with a regulator; it often starts with an individual. It is just someone who smells a rat. Maya Senanayake, a forensic expert at NDB, has emerged as a symbol of integrity in this landscape by identifying anomalies that others chose to ignore. Whistleblowers like Senanayake face immense personal and professional risks. Their role is a “Herculean effort”, very often battling institutional stonewalling to bring the truth to light. Without such individuals, “Suspense Account” spikes and “shell-company diversions” would remain invisible to the public eye.
Having mentioned just two of the buzz phrases in circulation, given in Italics above, it is pertinent to provide definitions for some of these phrases that are being bandied about very frequently in articles on the main subject of this article.
· SCAM – It is a fraudulent scheme or deceptive act performed by an individual or group to trick a victim into giving up something of value, typically money, personal information, or assets. It is a blatant lie or a misrepresentation of the truth. Unlike theft (where something is taken by force), a scam usually involves the victim “willingly” handing over assets because they believe the fraudster’s story. Scams often rely on psychological manipulation, such as creating a sense of urgency, fear, or the promise of a “too good to be true” reward.
· HACKERS –
The term has evolved significantly and carries different meanings depending on the context. In the broadest sense, a hacker is someone who uses technical skills to overcome a problem or bypass a system’s limitations. The cybersecurity industry generally classifies hackers by their intent, often using a “hat” colour system.
The White Hat Hackers are an ethical group that is hired to detect vulnerabilities. They are legal and helpful as they improve security by reporting bugs.
The Black Hat Group are cybercriminals who break into systems illegally. They are malicious, steal data, plant malware, or disrupt services.
The Grey Hats Individuals who may break laws to access a system, but without malicious intent. They are individuals who might find a bug without permission and then offer to fix it for a fee.
· MONEY LAUNDERING – It is the process of “cleaning” illicitly-earned money by passing it through complex bank transfers or commercial transactions.
· TREASURY BOND –
A government debt security that provides a fixed interest rate. Manipulating these affects the nation’s debt and interest rates.
· WHISTLEBLOWER –
It is an “insider” who reports and even makes public, concealment of illegal or unethical activities within an organisation to the public or relevant authorities.
· SUSPENSE ACCOUNT –
A temporary account used to hold funds while their final destination is determined. These are frequently used in fraud to “hide” money during transfers.
· SHELL COMPANY –
No., NO…, it is not the Shell Company that deals with fuel. This terminology refers to a company that exists only on paper and has no active business operations. It is very frequently used to obscure the identity of those moving money. They become “Ghosts”.
· FORENSIC AUDIT –
An examination of financial records to find evidence that can be used in a court of law or for legal proceedings.
When one examines some of these frauds and scams, it becomes clear that at the bottom of the distasteful occurrences lie systemic inadequacies. Scrupulous attention to all details of financial transactions, trustworthy and fool-proof systems dealing with financial transactions, utmost vigilance and a very high degree of suspicion are the incontrovertible needs of the hour. The powers-that-be in all things that deal with financial transactions must consist of people with unblemished honesty, unbridled integrity and honour.
International best practices now emphasise a shift from “rules-based” to “risk-based” oversight, even going to the extent of utilising Artificial Intelligence (AI) to detect suspicious patterns in money laundering and financial fraud that a human eye might miss.
For individuals and the general public, the Three Golden Rules for Protection are as follows”
· Demand Transparency:
Whether you are an investor or a depositor, always ask for the audited financial statements of the institution.
· Verify the Chain:
In government securities, ensure you are dealing through registered primary dealers.
· Support Protections:
Advocate for stronger Whistleblower Protection Acts to ensure that those who speak the truth are not penalised by the system they seek to save.
The trick is to protect ourselves from the Invisible Thief by protecting ourselves from Modern Scams. Here is a breakdown of the most prevalent threats today and how to safeguard your assets.
A. The “Urgent Authority” Tactic
Scammers often impersonate trusted institutions such as banks, financial institutions, tax offices, or law enforcement. They create a sense of artificial urgency, claiming your account has been compromised or you owe an immediate fine.
· The Red Flag: Any request to move money to a “safe account” or pay via untraceable methods like gift cards or cryptocurrency.
· The Defence:
Hang up immediately or delete the message if it is on email. Contact the institution using a verified phone number from their official website or the back of your bank card to check the veracity of the request.
B. Investment and “Get Rich Quick” Schemes
With the rise of digital assets, “pig butchering” scams have become rampant. Fraudsters build a relationship with the victim over weeks (the “fattening”) before suggesting a “guaranteed” investment opportunity in crypto or forex (the “slaughter”).
· The Red Flag: Returns that consistently outperform the market with “zero risk.”
· The Defence:
If an investment opportunity sounds “too good to be true”, it almost always is. Professional financial advisors do not solicit clients via WhatsApp or dating apps.
C. Phishing and Smishing (SMS Phishing)
These are deceptive messages designed to steal login credentials. You might receive a text stating a package delivery failed, or your Netflix subscription has lapsed, followed by a link to a “login” page that looks identical to the real thing.
· The Red Flag: Unusual URLs (e.g., wellsfarg0.net instead of wellsfargo.com) and unexpected attachments.
· The Defence:
Never click links in unsolicited messages. Use Multi-Factor Authentication (MFA) on all sensitive accounts; even if a thief gets your password, they won’t get the secondary code.
4. The AI Impersonation (The Grandparent Scam)
Advancements in AI voice cloning allow scammers to mimic the voice of a loved one in distress. They may call claiming to be in a car accident or legal trouble, begging for immediate funds.
· The Red Flag: High emotional pressure and a demand for secrecy.
· The Defence:
Establish a “family password” – a unique word or phrase only your inner circle knows. If the caller cannot provide it, they are not who they say they are.
The Three Golden Rules for Financial Safety are
· Slow Down and Do Not Get Frightened:
Scammers rely on panic. Taking five minutes to think or consult a friend usually breaks the spell of the scam. It is also important to realise that some scammers try repeatedly.
· Verify the Source:
Never trust Caller ID, as numbers can be easily “spoofed” to look local or official.
· Protect Your Data:
Be wary of how much personal information you share on social media. Scammers use these details to make their impersonations more convincing.
Your bank will NEVER EVER ask for your Personal Identification Number (PIN), your Account Password, One-Time-Password (OTP) or request you to transfer money to an entirely new, unknown account. If any such request comes, do not fall for it and immediately contact the institution through their standard publicised telephone lines to check on the veracity of the request.
If you suspect you have been targeted, report it to the bank or financial institution, your local authorities and the legal investigative portals…, IMMEDIATELY.
(Some of the material presented
in this article was extracted with the help of AI.)
by Dr B. J. C. Perera
MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paediatrics), MRCP(UK), FRCP(Edin), FRCP(Lond), FRCPCH(UK), FSLCPaed, FCCP, Hony. FRCPCH(UK), Hony. FCGP(SL)
Specialist Consultant Paediatrician and Honorary Senior Fellow, Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.
An independent free-lance correspondent.
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