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
Peace march and promise of reconciliation
The ongoing peace march by a group of international Buddhist monks has captured the sentiment of Sri Lankans in a manner that few public events have done in recent times. It is led by the Vietnamese monk Venerable Thich Pannakara who is associated with a mindfulness movement that has roots in Vietnamese Buddhist practice and actively promoted among diaspora communities in the United States. The peace march by the monks, accompanied by their mascot, the dog Aloka, has generated affection and goodwill within the Buddhist and larger community. It follows earlier peace walks in the United States where monks carried a similar message of mindfulness and compassion across communities but without any government or even media patronage as in Sri Lanka.
This initiative has the potential to unfold into an effort to nurture a culture of peace in Sri Lanka. Such a culture is necessary if the country as the country prepares to move beyond its history of conflict towards a more longlasting reconciliation and a political solution to its ethnic and religious divisions. The government’s support for the peace march can be seen as part of a broader attempt to shape such a culture. The Clean Sri Lanka programme, promoted by the government as a civic responsibility campaign focused on environmental cleanliness, ethical conduct and social discipline, provides a useful framework within which such initiatives can be situated. Its emphasis on collective responsibility and shared public space makes it sit well with the values that peacebuilding requires.
government’s previous plan to promote a culture of peace was on the occasion of “Sri Lanka Day” celebrations which were scheduled to take place on December 12-14 last year but was disrupted by Cyclone Ditwah. The Sri Lanka Day celebrations were to include those talented individuals from each and every community at the district level who had excelled in some field or the other, such as science, business or arts and culture and selected by the District Secretariats in each of the 25 districts. They were to gather in Colombo to engage in cultural performances and community-focused exhibitions. The government’s intention was to build up a discourse around the ideas of unity in diversity as a precursor to addressing the more contentious topics of human rights violations during the war period, and issues of accountability and reparations for wrongs suffered during that dark period.
Positive Response
The invitation to the international monks appears to have emerged from within Buddhist religious networks in Sri Lanka that have long maintained links with the larger international Buddhist community. The strong support extended by leading temples and clergy within the country, including the Buddhists Mahanayakes indicates that this was not an isolated effort but one that resonated with the mainstream Buddhist establishment. Indeed, the involvement of senior Buddhist leaders has been particularly noteworthy. A Joint Declaration for Peace in the world, drawing on Sri Lanka’s own experience, and by the Mahanayakes of all Buddhist Chapters took place in the context of the ongoing peace march at the Gangaramaya Temple in Colombo, with participation from the diplomatic community. The declaration, calling for compassion, dialogue and sustainable peace, reflects an effort by religious leadership to assert a moral voice in favour of coexistence.
The popular response to the peace march has also been striking. Large numbers of people have been gathering along the route, offering flowers, water and support to the monks. Schoolchildren have been lining the roads, and communities from different religious backgrounds extend hospitality. On the way, the monks were hosted by both a Hindu temple and a mosque, where food and refreshments were provided. These acts, though simple, carry a message about the possibility of harmony among Sri Lanka’s diverse communities. It helps to counter the perception that the Buddhist community in Sri Lanka is inherently nationalist and resistant to minority concerns that was shaped during the decades of war and reinforced by political mobilisation that too often exploited ethnic identity.
By way of contrast, the peace march offers a different image. It shows a readiness among ordinary people to embrace values of compassion and coexistence that are deeply embedded in Buddhist teaching. The Metta Sutta, one of the most well-known discourses in Buddhism, calls for boundless goodwill towards all beings. It states that one should cultivate a mind that is “boundless towards all beings, free from hatred and ill will.” This emphasis on universal compassion provides a moral foundation for peace that extends beyond national or ethnic boundaries. The monks themselves emphasised this point repeatedly during the walk. Venerable Thich Pannakara reminded those who gathered that while acts of generosity are commendable, mindfulness in everyday life is even more important. He warned that as people become unmindful, they are more prone to react with anger and hatred, thereby contributing to conflict.
More Initiatives
The presence of political leaders at key moments of the march has emphasised the significance that the government attaches to the event. Prime Minister Harini Amarasuriya paid her respects to the peace march monks in Kandy, while President Anura Kumara Dissanayake is expected to do so at the conclusion of the march in Colombo. Such gestures signal an alignment between political authority and moral aspiration, even if the translation of that aspiration into policy remains a work in progress. At the same time, the peace march has not been without its shortcomings. The walk did not engage with the Northern and Eastern parts of the country, regions that were most affected by the war and where the need for reconciliation is most acute. A more inclusive geographic reach would have strengthened the symbolic impact of the initiative.
In addition, the positive impact of the peace march could have been increased if more effort had been taken to coordinate better with other civic and religious groups and include them in the event. Many civil society and religious harmony groups who would have liked to participate in the peace march found themselves unable to do so. There was no place in the programme for them to join. Even government institutions tasked with promoting social cohesion and reconciliation found themselves outside the loop. The Clean Sri Lanka Task Force that organised the peace march may have felt that involving other groups would have made it more complicated to organise the events which have proceeded without problems.
The hope is that the positive energy and goodwill generated by this peace march will not dissipate but will instead inspire further initiatives with the requisite coordination and leadership. The march has generated public discussion, drawn attention to the values of mindfulness and compassion, and created a space in which people can imagine a different future. It has been a special initiative among the many that are needed to build a culture of peace. A culture of peace cannot be imposed from above nor can it emerge overnight. It needs to be nurtured through multiple efforts across society, including education, religious engagement, civic initiatives and political reform. It is within such a culture that the more difficult questions of power sharing, justice and reconciliation can be addressed in a constructive manner.
by Jehan Perera
Features
Regional Universities
The countryside and peripheral regions have been neglected in the national imagination for many decades. This has also been the case with regional universities which were seen as mere appendages to the university system, and sometimes created to appease political constituencies in the regions. The exclusion of the rural world and the institutions in those regions was not accidental nor inevitable, but the consequence of conscious policies promoted under an extractive and exploitative global order. Neoliberalism globalisation, initiated in the late 1970s with far-reaching policies of free trade and free flow of capital, or the “open economy,” as we call it in Sri Lanka, is now dying. The United States and the Western countries that promoted neoliberalism, as a class project of finance capital to address the falling profits during the long economic downturn in the 1970s, are themselves reversing their policies and are at loggerheads with each other. However, those economic processes will continue to have national consequences into the future.
At the heart of such policies is the neoliberal city, which has become the centre of the economy with expanding financial businesses and a real estate boom. Such financialised cities also had their impact on universities, in lower income countries, where commercialised education with high fees, rising student debt, research for businesses and transnational educational linkages with branch campuses of Western universities, have become a reality.
In the case of Sri Lanka, while neoliberal policies began with the IMF and World Bank Structural Adjustment Programmes, in the late 1970s, the long civil war forestalled the accelerated growth of the neoliberal city. I have argued, over the last decade and a half, that it is with the end of the civil war, in 2009, coinciding with the global financial crisis, that a second wave of neoliberalism in Sri Lanka led to global finance capital being absorbed in infrastructure and real estate in Colombo. The transformation of Colombo into a neoliberal city was overseen by Gotabaya Rajapaksa as Defence Secretary with even the Urban Development Authority brought under the security establishment. While Colombo was drastically changing with a skyline of new buildings and shiny luxury vehicles drawing on massive external debt, there were also moves to promote private higher education institutions. The Board of Investment (BOI) registered many hundred so-called higher education institutions; these were not regulated and many mushroomed like supermarkets and disappeared in no time when they incurred losses.
In contrast to these so-called private higher education institutions that proliferated in and around Colombo, Sri Lanka, drawing on its free education system, has, over the last many decades, also created a number of state universities in peripheral regions. However, these regional universities lack adequate funding and a clear vision and purpose. The current conjuncture with the neoliberal global order unravelling, and the immediate global crisis in energy and transport are grim reminders of the importance of local economies and self-sufficiency. In this column I consider the role of our regional universities and their relationship to the communities within which they are embedded.
Regional context
The necessity and the advantage of robust public services is their reach into peripheral regions and marginalised communities. This is true of public transport, as it is with public hospitals. Private buses will always avoid isolated rural routes as their margins only increase on the busy routes between cities and towns. And private hospitals and clinics flock to the cities to extract from desperate patients, including by unscrupulous doctors who divert patients in public hospitals to be served in the private health facilities they moonlight. Similarly, it is affluent cities and towns that are the attraction for private educational institutions.
Public institutions, including universities, can only ensure their public role if they are adequately funded. Over the last decade and a half, with falling allocations for education, our state universities have been pushed into initiating fee levying courses, both at the post-graduate level and also for undergraduate international students. These programmes are seen as avenues to decrease the dependence of universities on budgetary support. However, the reality is that it is only universities in Colombo that can draw in students capable of paying such high fees. Furthermore, such fee levying courses end up pushing academics into overwork including by offering additional income.
Therefore, allocations for underfunded regional universities need to be steadily increased. Housing facilities and other services for academics working in rural districts would ensure their continued presence and greater engagement with the local communities. Increased time away from teaching and research funding earmarked for community engagement will provide clear direction for academics. Indeed, such funding with a clear vision and role for regional universities can provide considerable social returns. In a time when repeated crises are affecting our society, agricultural production to bolster our food system as well as rural income streams and employment are major issues. Here, regional universities have an important role today in developing social and economic alternatives.
Reimagining development
In recent months, there have been interesting initiatives in the Northern Province, where the Universities of Jaffna and Vavuniya have been engaging state institutions on issues of development. In an initiative to bring different actors together, high level meetings have been convened between the staff of the Agriculture Faculty and officials of the Provincial Agriculture Ministry to figure out solutions for long pending agricultural problems. Similar meetings have also been organised between provincial authorities and the Faculties of Technology and Engineering in Kilinochchi. These initiatives have led to academics engaging communities and co-operatives on their development needs, particularly in formulating new development initiatives and activating idle projects and assets in the region. Such engagement provides opportunities for academics to share their knowledge and skills while learn from communities about challenges that lead to new problems for research.
One of the most rewarding engagements I have been part of is an internship programme for the Technology Faculty of the University of Jaffna, where four batches of final year students, from food technology, green farming and automobile specialities, have been placed for six months within the co-operative movement through the Northern Co-operative Development Bank. This initiative has created a strong relationship between the Technology Faculty and the co-operative movement, with a number of former students now working fulltime in co-operative ventures. They are at the centre of developing solutions for rural co-operatives, including activating idle factories and ensuring quality and standards for their products.
I refer to these concrete initiatives because universities’ role in research and development in Sri Lanka, as in most other countries, are often narrowly conceived to be engagement with private businesses. However, for rural regions, the challenge, even with technological development, is the generation of appropriate technologies that can serve communities.
In Sri Lanka, we have for long emulated the major Western universities and in the process lost sight of the needs of our own youth and communities. Rethinking the development of our universities may have to begin with an understanding of the real challenges and context of our people. Our universities and their academics, if provided with a progressive vision and adequate resources and time to engage their communities, have the potential to address the many economic and social challenges that the next decade of global turmoil is bound to create.
Ahilan Kadirgamar is a political economist and Senior Lecturer, University of Jaffna.
(Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies)
by Ahilan Kadirgamar
Features
‘Disco Lady’ hitmaker now doing it for Climate Change
The name Alston Koch is generally associated with the hit song ‘Disco Lady.’ Yes, he has had several other top-notch songs to his credit but how many music lovers are aware that Alston is one of the few Asian-born entertainers using music for climate advocacy, since 2008.
He is back in the ‘climate change’ scene, with SUNx Malta, to celebrate Earth Day 2026, with the release of ‘A Symphony for Change’ – a vibrant Dodo4Kids video by Alston.
The inspiring musical video highlights ocean conservation and empowers children as future climate champions, honouring Maurice Strong’s legacy through education, creativity, and global collaboration for a sustainable planet.
The four-minute animated musical, composed and performed by platinum award-winning artiste Alston Koch, brings to life a resurrected Dodo, guiding children on a mission to clean up marine environments.
With a catchy melody and an uplifting message, the video blends entertainment with education—making climate awareness accessible and engaging for the next generation.
SUNx Malta is a Climate Friendly Travel system, focused on transforming the global tourism sector that is low-carbon, SDG-linked, and nature-positive.
Professor Geoffrey Lipman, President of SUNx Malta, described the project as a joyful collaboration with purpose:
“It’s always a pleasure to produce music with Alston for the good of our planet. And this time, to incorporate our Dodo4Kids in the video urging the next generation of young climate champions to help save our seas.”
For Alston, now based in Australia, the collaboration continues a long-standing journey of climate-focused creativity:
Says Alston: “I have been working on climate songs since the first release, in 2009, of the video ‘Act Now.’ Since then, I’ve performed at major global events—from Bali to Glasgow. I wrote this song because the climate horizon is darkening, and our kids and grandkids are our best hope for a brighter future.”
Alston’s very first climate song is ‘Can We Take This Climate Change,’ released in 2008.
It was written by Alston for the World Trade Organisation presentation, in London, and presented at ‘Live the Deal Climate Change’ conference in Copenhagen.
The Sri Lankan-born singer was goodwill ambassador for the campaign, and the then UK Minister Barbara Follett called it a “gift in song to the world suffering due to climate change.”
Alston said he wrote it after noticing butterflies, birds, and fruit trees disappearing from his childhood days.
In 2017, his creation ‘Make a Change’ was released in connection with World Tourism Day 2017.
Alston Koch’s work on climate advocacy is pretty inspiring, especially as climate change is now creating horrifying problems worldwide, and in Sri Lanka, too.
Alston also indicated to us that he has plans to visit Sri Lanka, sometime this year, and, maybe, even plan out a date for an Alston Koch special … a concert, no doubt.
Can’t wait for it!
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