Features
RECOVERING THE PROCEEDS OF POLITICAL CORRUPTION
M. Sornarajah
Emeritus Professor of Law, National University of Singapore.
Corruption of public officials including presidents is a principal cause of the economic plight of our country. The public outcry against President Gotabaya Rajapakse draws attention to this fact. There is a demand by the demonstrators that the proceeds of corruption be recovered. How this can be done needs to be considered. Obviously, only a new government with leaders untainted by corruption can pull off the task of recovery. It must have a willing Attorney General, a dedicated body of lawyers and investigators and courts with new powers of enforcement created by legislation.
Globally, the World Bank has estimated that of the thirty trillion of global asset transactions, one billion involves bribery. In our country, the popular belief is that around ten per cent of every transaction is siphoned off by politicians and public officials. One politician has earned the sobriquet of Mr Ten Percent.
A former Attorney General of the United States, writing the preface to a joint publication of the US Department of Justice and the Department of State, “U.S. Asset Recovery Tools & Procedures: A Practical Guide for International Cooperation” (May 2012) stated:
“We must work together to ensure that corrupt officials do not retain the illicit proceeds of their corruption. There is no gentle way to say it: When kleptocrats loot their nations’ treasuries, steal natural resources, and embezzle development aid, they condemn their nations’ children to starvation and disease. In the face of this manifest injustice, asset recovery is a global imperative.”
What he said is happening in Sri Lanka today. Our children face starvation and disease. We need to recover the resources stolen from us.
The Sri Lankan public, now aware of the problem and willing to agitate for change, must know the methods available for the recovery of public assets plundered by politicians and officials. The repeated failure of internal procedures for dealing with bribery due to political interference has resulted in a lack of public confidence in domestic mechanisms. It is not that we do not have laws on bribery. We have had a Bribery Commission in Sri Lanka and laws to support it. Yet, there have been spectacular instances of corruption. Often, the very politician against whom allegations of corruption are made is the person in charge of the machinery for the investigation of such corruption.
Every President and his or her administration has been tainted with corruption. The so called Yahalpanya government had its bond scam. During the present regime, a 3.8 billion dollar oil project involving Oman in Hambantota involved allegations of corruption. There were many other scams involving sugar, garlic and oil. Every infrastructure project in the country had involved kickbacks to presidents and politicians.
Each president has protected predecessors. Each was neck deep in corruption even before taking office. The pattern of power rotates in Sri Lanka. There is a reluctance to set precedents that could be used against an incumbent president by a later one. The law has been used as a weapon to prosecute the minions of the previous administrations and political foes but never to build up a deterrent against political corruption generally.
It is not that mechanisms are not lacking. The Bribery Commission has extensive powers given it by the 17th Amendment. But, the machinery that exists has been subverted by corrupt politicians to cloak their misdeeds. It is necessary to look to other states to recover the proceeds of corruption.
Since we started with a quote from a US source, the many ways made available in the United States, which is home to two recent Sri Lankan leaders against whom the protests are levelled, provide good starting points. The Department of Justice has a Kleptocracy Asset Recovery Initiative begun in 2012. There is a dedicated team of prosecutors, financial analysts and experts involved in this work.
They have experience of recovery of assets in different cases. In 2016, several millions of dollars in a corruption involving Vimpel Corporation and Kazahkstan officials were recovered. More recently, over a billion dollars were recovered in a case concerning a Malaysian Sovereign Wealth Fund. All it would take is for the appropriate government officials in Sri Lanka to seek the assistance of the Department of Justice to recover the proceeds of bribery held in the United States. US law also provides criminal and civil actions for the recovery of such assets.
The United States has other mechanisms to prosecute its nationals who are involved in corrupt practices abroad. The Foreign Corrupt Practices Act enables the prosecution of extraterritorial corruption by American nationals. The Island (27.04.2022) reported that measures are being taken in the US Congress to inquire into American nationals who have been responsible for “fleecing assets” in Sri Lanka.
Common law courts have used doctrines like the constructive trust, restitution and unjust enrichment to ensure recovery of property subject to corruption. An illustrative case involves the Singapore courts holding that bribes given to the head of Pertamina, the Indonesian state oil corporation and transferred to the bank account of his mistress in Singapore should be deemed to be the property of Pertamina.
There are good precedents which have accumulated over the years for pursuing the wealth of corrupt leaders and their families. The Nigerian leader, Sonny Abacha, stashed over a billion dollars of corrupt money in Swiss banks. The Swiss banks cooperated in the pursuit of this money by the Nigerian government.
Several millions were recovered from Lichtenstein and other European countries. The US repatriated over 311 million dollars of Abacha money to Nigeria. In all over 3.6 billion dollars looted by Abacha were recovered from overseas.https://www.bbc.com/news/world-africa-54929254
The assets of the former Philippines president, Marcos, were similarly pursued. (Interestingly, a scion of the Marcos family is making a political come-back in the Philippines.) There is an accumulation of precedents involving dictators who had stolen the money of their people. In the case of Sri Lanka, most of the proceeds of corruption would by now have found safe havens in foreign lands. Tracing and recovering these assets will involve complex and prolonged litigation.
There is need for the reform of our law on corruption. In many countries, including India, the United Kingdom, Australia, South Africa and Mauritius, courts are empowered to make an “Unexplained Wealth Order”. On proof that a public officer has accumulated wealth disproportionate to his salary or other means of income, a court order can be made freezing the assets of the public officer. The burden then is on the public officer to show that he had obtained that wealth through lawful means. Failure to do so results in the property becoming state property. Legislation to introduce such laws into Sri Lanka must be considered.
The example of the laws in Singapore on bribery and corruption can be used in Sri Lanka. Singapore realised quite early that economic progress is not possible if bribery and corruption are not eliminated. Both public and private corruption must be eliminated. The rise of a corrupt business community can feed power and interact with public authority to fuel corruption. This was demonstrated in Sri Lanka in recent times.
The need to enact legislation based on the United Nations Convention on Corruption is imperative. Sri Lanka, along with some 180 states, signed and ratified this Convention. True to form, it has not made this Convention a part of domestic law by enacting legislation based on it. The Convention creates a duty on each state to assist the other to recover the proceeds of foreign corruption found within its territory.
A future Government of Sri Lanka can invoke this Convention to pursue the illicit wealth obtained through corruption. Under the Convention, a Sri Lankan court can make orders relating to assets situated outside Sri Lanka and have such orders enforced by courts of member states. This is a powerful devise which gives an extraterritorial reach to the courts of Sri Lanka. The use of the convention requires a body of lawyers who have expertise in the working of the growing system of recovering the proceeds of bribery and corruption. The World Bank has established a body that provides assistance in such matters which a new government could use.
The law provides many ways of the recovery of the proceeds of corruption but the question is whether there is a will in Sri Lanka to act against the powerful miscreants and recover the wealth of its people. Good laws may be there but it is good men who work it that make the laws succeed.
The public uprising against corrupt politicians demands that the new administration has the will to move in this matter. But the law will not help relieve problems presented by the present economic crisis as tracing and recovery of assets of corruption takes several years. Yet, a start must be made as soon as possible. Not only must the proceeds of past corruption be recovered, deterrence must be provided for present and future corruption.
Features
Misinterpreting President Dissanayake on National Reconciliation
President Anura Kumara Dissanayake has been investing his political capital in going to the public to explain some of the most politically sensitive and controversial issues. At a time when easier political choices are available, the president is choosing the harder path of confronting ethnic suspicion and communal fears. There are three issues in particular on which the president’s words have generated strong reactions. These are first with regard to Buddhist pilgrims going to the north of the country with nationalist motivations. Second is the controversy relating to the expansion of the Tissa Raja Maha Viharaya, a recently constructed Buddhist temple in Kankesanturai which has become a flashpoint between local Tamil residents and Sinhala nationalist groups. Third is the decision not to give the war victory a central place in the Independence Day celebrations.
Even in the opposition, when his party held only three seats in parliament, Anura Kumara Dissanayake took his role as a public educator seriously. He used to deliver lengthy, well researched and easily digestible speeches in parliament. He continues this practice as president. It can be seen that his statements are primarily meant to elevate the thinking of the people and not to win votes the easy way. The easy way to win votes whether in Sri Lanka or elsewhere in the world is to rouse nationalist and racist sentiments and ride that wave. Sri Lanka’s post independence political history shows that narrow ethnic mobilisation has often produced short term electoral gains but long term national damage.
Sections of the opposition and segments of the general public have been critical of the president for taking these positions. They have claimed that the president is taking these positions in order to obtain more Tamil votes or to appease minority communities. The same may be said in reverse of those others who take contrary positions that they seek the Sinhala votes. These political actors who thrive on nationalist mobilisation have attempted to portray the president’s statements as an abandonment of the majority community. The president’s actions need to be understood within the larger framework of national reconciliation and long term national stability.
Reconciler’s Duty
When the president referred to Buddhist pilgrims from the south going to the north, he was not speaking about pilgrims visiting long established Buddhist heritage sites such as Nagadeepa or Kandarodai. His remarks were directed at a specific and highly contentious development, the recently built Buddhist temple in Kankesanturai and those built elsewhere in the recent past in the north and east. The temple in Kankesanturai did not emerge from the religious needs of a local Buddhist community as there is none in that area. It has been constructed on land that was formerly owned and used by Tamil civilians and which came under military occupation as a high security zone. What has made the issue of the temple particularly controversial is that it was established with the support of the security forces.
The controversy has deepened because the temple authorities have sought to expand the site from approximately one acre to nearly fourteen acres on the basis that there was a historic Buddhist temple in that area up to the colonial period. However, the Tamil residents of the area fear that expansion would further displace surrounding residents and consolidate a permanent Buddhist religious presence in the present period in an area where the local population is overwhelmingly Hindu. For many Tamils in Kankesanturai, the issue is not Buddhism as a religion but the use of religion as a vehicle for territorial assertion and demographic changes in a region that bore the brunt of the war. Likewise, there are other parts of the north and east where other temples or places of worship have been established by the military personnel in their camps during their war-time occupation and questions arise regarding the future when these camps are finally closed.
There are those who have actively organised large scale pilgrimages from the south to make the Tissa temple another important religious site. These pilgrimages are framed publicly as acts of devotion but are widely perceived locally as demonstrations of dominance. Each such visit heightens tension, provokes protest by Tamil residents, and risks confrontation. For communities that experienced mass displacement, military occupation and land loss, the symbolism of a state backed religious structure on contested land with the backing of the security forces is impossible to separate from memories of war and destruction. A president committed to reconciliation cannot remain silent in the face of such provocations, however uncomfortable it may be to challenge sections of the majority community.
High-minded leadership
The controversy regarding the president’s Independence Day speech has also generated strong debate. In that speech the president did not refer to the military victory over the LTTE and also did not use the term “war heroes” to describe soldiers. For many Sinhala nationalist groups, the absence of these references was seen as an attempt to diminish the sacrifices of the armed forces. The reality is that Independence Day means very different things to different communities. In the north and east the same day is marked by protest events and mourning and as a “Black Day”, symbolising the consolidation of a state they continue to experience as excluding them and not empathizing with the full extent of their losses.
By way of contrast, the president’s objective was to ensure that Independence Day could be observed as a day that belonged to all communities in the country. It is not correct to assume that the president takes these positions in order to appease minorities or secure electoral advantage. The president is only one year into his term and does not need to take politically risky positions for short term electoral gains. Indeed, the positions he has taken involve confronting powerful nationalist political forces that can mobilise significant opposition. He risks losing majority support for his statements. This itself indicates that the motivation is not electoral calculation.
President Dissanayake has recognized that Sri Lanka’s long term political stability and economic recovery depend on building trust among communities that once peacefully coexisted and then lived through decades of war. Political leadership is ultimately tested by the willingness to say what is necessary rather than what is politically expedient. The president’s recent interventions demonstrate rare national leadership and constitute an attempt to shift public discourse away from ethnic triumphalism and toward a more inclusive conception of nationhood. Reconciliation cannot take root if national ceremonies reinforce the perception of victory for one community and defeat for another especially in an internal conflict.
BY Jehan Perera
Features
Recovery of LTTE weapons
I have read a newspaper report that the Special Task Force of Sri Lanka Police, with help of Military Intelligence, recovered three buried yet well-preserved 84mm Carl Gustaf recoilless rocket launchers used by the LTTE, in the Kudumbimalai area, Batticaloa.
These deadly weapons were used by the LTTE SEA TIGER WING to attack the Sri Lanka Navy ships and craft in 1990s. The first incident was in February 1997, off Iranativu island, in the Gulf of Mannar.
Admiral Cecil Tissera took over as Commander of the Navy on 27 January, 1997, from Admiral Mohan Samarasekara.
The fight against the LTTE was intensified from 1996 and the SLN was using her Vanguard of the Navy, Fast Attack Craft Squadron, to destroy the LTTE’s littoral fighting capabilities. Frequent confrontations against the LTTE Sea Tiger boats were reported off Mullaitivu, Point Pedro and Velvetiturai areas, where SLN units became victorious in most of these sea battles, except in a few incidents where the SLN lost Fast Attack Craft.

Carl Gustaf recoilless rocket launchers
The intelligence reports confirmed that the LTTE Sea Tigers was using new recoilless rocket launchers against aluminium-hull FACs, and they were deadly at close quarter sea battles, but the exact type of this weapon was not disclosed.
The following incident, which occurred in February 1997, helped confirm the weapon was Carl Gustaf 84 mm Recoilless gun!
DATE: 09TH FEBRUARY, 1997, morning 0600 hrs.
LOCATION: OFF IRANATHIVE.
FACs: P 460 ISRAEL BUILT, COMMANDED BY CDR MANOJ JAYESOORIYA
P 452 CDL BUILT, COMMANDED BY LCDR PM WICKRAMASINGHE (ON TEMPORARY COMMAND. PROPER OIC LCDR N HEENATIGALA)
OPERATED FROM KKS.
CONFRONTED WITH LTTE ATTACK CRAFT POWERED WITH FOUR 250 HP OUT BOARD MOTORS.
TARGET WAS DESTROYED AND ONE LTTE MEMBER WAS CAPTURED.
LEADING MARINE ENGINEERING MECHANIC OF THE FAC CAME UP TO THE BRIDGE CARRYING A PROJECTILE WHICH WAS FIRED BY THE LTTE BOAT, DURING CONFRONTATION, WHICH PENETRATED THROUGH THE FAC’s HULL, AND ENTERED THE OICs CABIN (BETWEEN THE TWO BUNKS) AND HIT THE AUXILIARY ENGINE ROOM DOOR AND HAD FALLEN DOWN WITHOUT EXPLODING. THE ENGINE ROOM DOOR WAS HEAVILY DAMAGED LOOSING THE WATER TIGHT INTEGRITY OF THE FAC.
THE PROJECTILE WAS LATER HANDED OVER TO THE NAVAL WEAPONS EXPERTS WHEN THE FACs RETURNED TO KKS. INVESTIGATIONS REVEALED THE WEAPON USED BY THE ENEMY WAS 84 mm CARL GUSTAF SHOULDER-FIRED RECOILLESS GUN AND THIS PROJECTILE WAS AN ILLUMINATER BOMB OF ONE MILLION CANDLE POWER. BUT THE ATTACKERS HAS FAILED TO REMOVE THE SAFETY PIN, THEREFORE THE BOMB WAS NOT ACTIVATED.

Sea Tigers
Carl Gustaf 84 mm recoilless gun was named after Carl Gustaf Stads Gevärsfaktori, which, initially, produced it. Sweden later developed the 84mm shoulder-fired recoilless gun by the Royal Swedish Army Materiel Administration during the second half of 1940s as a crew served man- portable infantry support gun for close range multi-role anti-armour, anti-personnel, battle field illumination, smoke screening and marking fire.
It is confirmed in Wikipedia that Carl Gustaf Recoilless shoulder-fired guns were used by the only non-state actor in the world – the LTTE – during the final Eelam War.
It is extremely important to check the batch numbers of the recently recovered three launchers to find out where they were produced and other details like how they ended up in Batticaloa, Sri Lanka?
By Admiral Ravindra C. Wijegunaratne
WV, RWP and Bar, RSP, VSV, USP, NI (M) (Pakistan), ndc, psn, Bsc (Hons) (War Studies) (Karachi) MPhil (Madras)
Former Navy Commander and Former Chief of Defence Staff
Former Chairman, Trincomalee Petroleum Terminals Ltd
Former Managing Director Ceylon Petroleum Corporation
Former High Commissioner to Pakistan
Features
Yellow Beatz … a style similar to K-pop!
Yes, get ready to vibe with Yellow Beatz, Sri Lanka’s awesome girl group, keen to take Sri Lankan music to the world with a style similar to K-pop!
With high-energy beats and infectious hooks, these talented ladies are here to shake up the music scene.
Think bold moves, catchy hooks, and, of course, spicy versions of old Sinhala hits, and Yellow Beatz is the package you won’t want to miss!
According to a spokesman for the group, Yellow Beatz became a reality during the Covid period … when everyone was stuck at home, in lockdown.
“First we interviewed girls, online, and selected a team that blended well, as four voices, and then started rehearsals. One of the cover songs we recorded, during those early rehearsals, unexpectedly went viral on Facebook. From that moment onward, we continued doing cover songs, and we received a huge response. Through that, we were able to bring back some beautiful Sri Lankan musical creations that were being forgotten, and introduce them to the new generation.”
The team members, I am told, have strong musical skills and with proper training their goal is to become a vocal group recognised around the world.
Believe me, their goal, they say, is not only to take Sri Lanka’s name forward, in the music scene, but to bring home a Grammy Award, as well.
“We truly believe we can achieve this with the love and support of everyone in Sri Lanka.”
The year 2026 is very special for Yellow Beatz as they have received an exceptional opportunity to represent Sri Lanka at the World Championships of Performing Arts in the USA.
Under the guidance of Chris Raththara, the Director for Sri Lanka, and with the blessings of all Sri Lankans, the girls have a great hope that they can win this milestone.
“We believe this will be a moment of great value for us as Yellow Beatz, and also for all Sri Lankans, and it will be an important inspiration for the future of our country.”
Along with all the preparation for the event in the USA, they went on to say they also need to manage their performances, original song recordings, and everything related.

The year 2026 is very special for Yellow Beatz
“We have strong confidence in ourselves and in our sincere intentions, because we are a team that studies music deeply, researches within the field, and works to take the uniqueness of Sri Lankan identity to the world.”
At present, they gather at the Voices Lab Academy, twice a week, for new creations and concert rehearsals.
This project was created by Buddhika Dayarathne who is currently working as a Pop Vocal lecturer at SLTC Campus. Voice Lab Academy is also his own private music academy and Yellow Beatz was formed through that platform.
Buddhika is keen to take Sri Lankan music to the world with a style similar to K-Pop and Yellow Beatz began as a result of that vision. With that same aim, we all work together as one team.
“Although it was a little challenging for the four of us girls to work together at first, we have united for our goal and continue to work very flexibly and with dedication. Our parents and families also give their continuous blessings and support for this project,” Rameesha, Dinushi, Newansa and Risuri said.
Last year, Yellow Beatz released their first original song, ‘Ihirila’ , and with everything happening this year, they are also preparing for their first album.
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