Large-scale corruption has long plagued Sri Lanka, undermining the country’s economic development and eroding public confidence in the government. Citizens have become increasingly vocal in their demands for justice, transparency and the return of illegally acquired wealth for the benefit of the nation, said a release issued by the Transparency International Sri Lanka (TISL).

It said: The Proceeds of Crime Act (POCA) aims to provide a legal framework for the detection, seizure, recovery and management of illegally acquired assets hidden offshore, ensuring that perpetrators of corruption are held to account and that stolen property be returned to its rightful owners – the people. of Sri Lanka.

Recognizing the lack of a comprehensive and consistent legislative framework in Sri Lanka for the said purpose, there has long been a call for new legislation. Recent International Monetary Fund (IMF) determinations as part of a structural benchmark necessitated the introduction of legislation on the recovery of stolen assets by March 2024, in line with the standards set out in the United Nations Convention against Corruption (UNCAC).

The Ministry of Justice has now published on its official website the ‘Report of the Committee on the Development of the Policy and Legal Framework and Draft Provisions of the Proposed Proceeds of Crime Law’, dated April 10, 2024. The Committee consists of 17 members and headed by Supreme Court Justice Yasantha Kodagoda, PC.

The report contains a draft bill, consisting of eleven parts, relating to: ‘General provisions and criminal offences; Proceeds of crime investigations, coercive measures and seizures; Judicial freezing of proceeds from crime; Protection, preservation and management of proceeds of crime; Forfeiture proceedings; Civil remedies for crime victims; Proceeds from the Crime Management Authority; Disposal of forfeited proceeds of crime and use of the resulting value; Crime Victims Trust Fund; International cooperation; and miscellaneous provisions’.

Transparency International Sri Lanka (TISL) is concerned that the published report was prepared without any public consultation, which shows the Sri Lankan government’s blatant disregard for consultation with the public and civil society in formulating a major anti-corruption legislation such as the POCA. Designed to recover and manage stolen assets, the POCA is a critical piece of legislation that requires extensive input from various stakeholders, including the public, civil society and local experts, to ensure its effectiveness and alignment with democratic principles to ensure. It is also worrying that the IMF, which provided technical assistance to this process, appears to have tolerated the lack of a proper, transparent and consultative process.

In response to this critical need, Transparency International Sri Lanka (TISL) invites the public to review and provide specific feedback on the proposed law regarding POCA. Such feedback can be submitted via email to tisl@tisrilanka.org with the subject line “Feedback on the Proposed Proceeds of Crime Bill.” While the exact timetable for presenting the bill to Parliament remains uncertain, TISL is committed to forwarding all feedback received to the Ministry of Justice for consideration.

TISL calls on the government to take sufficient time and effectively engage in meaningful dialogue with the public, local experts and civil society actors to ensure that legislation is robust, in line with the Constitution, citizens’ rights upholds and reflects the aspirations of its citizens. the Sri Lankan people and serves as a valuable tool for transparency and accountability.