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Anti-Corruption Act

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By Chandrasena Maliyadde
Former Ministry Secretary
Vice President, Sri Lanka Economic Association

The much-awaited Anti-Corruption Bill has been passed by the Parliament subject to amendment according to the determination of the Supreme Court. It is “An Act to give effect to certain provisions of the United Nations Convention against Corruption and other Internationally recognised norms, standards, and best practices; to provide for the establishment of an Independent Commission to detect and investigate allegations of Bribery, Corruption and offences related to the declaration of assets and liabilities and associated offences, and to direct the institution of and institute prosecutions for offences of Bribery, Corruption and offences related to the declaration of assets and liabilities and other associated offences; to promote and advance the prevention of corrupt practices; to educate and raise awareness amongst the public to combat Corruption;”

The Act provides for the establishment of a Commission to Investigate Allegations of Bribery or Corruption. It comes in five Parts, series of Chapters, 164 Clauses and 150 pages. There have been divergent views expressed in the media by all categories of people including corrupt, non-corrupt and anti corrupt, civil societies, professional organizations etc.

Clause 2 (1) of the Act spells out its objects. Three out of 10 objects spelt out are on prevention of bribery and corruption.

(a) prevent and eradicate bribery and corruption in order to meet the just requirements of the general welfare of a democratic society;

(g) to conduct and coordinate educational activities on the prevention of bribery and corruption;

(i) promote inter-agency cooperation and international collaboration in preventing bribery and corruption;

I perused the Act, but, unfortunately did not come across interventions by the Commission on prevention of corruption to meet the three objectives. All interventions are post deeds to catch and punish the culprits. Act is the product of three legal luminaries (President Counsel Minister, Legal Draftsman and the Attorney General). It exhaustively deliberates with Powers and Authority of the Commission, its Director General, its Finance, its Procedures and other logistic details. Trio would have thought inclusion of such extensive logistic details is important and the prime purpose of the Act rather than prevention of and conducting post deeds operations on corruption.

Chapter I – Establishment of the Commission

Chapter II – Director-General and the Staff of the Commission

Chapter III – Finance

Chapter IV – Powers and Functions of the Commission

There is a Chapter on Offences Relating to Bribery or Corruption in Part III. It contains a section pertaining to “Bribery of Judges of the Supreme Court, Court of Appeal, High Courts, judicial officers” along with Members of Parliament. Is it not contempt of the judiciary to couple distinguished Members of the Judiciary with the Members of Parliament?

Clause 161.2 (1) of the Act provides Interpretation. There is no interpretation given for corruption and embezzlement. According to the Act, MPs are correct, honourable and innocent, not faulty. Aragalaya activists made a mistake by requesting the entire lot to go home along with Gota. Only the highest voted man went home and was replaced by an unelected man.

CHAPTER V of the Act is on ‘Protection of Informers, Whistleblowers, Witnesses, and Other Persons Assisting the Commission’. The Act says “whistleblower” shall include persons assisting such whistleblower, persons providing supporting information to such whistleblower, a family member or dependent of such whistleblower or any other person of significant importance to such whistleblower;”. The popular image of the media (‘fourth estate’; a trustee of the people’s right to know; ‘expert communicator’) as a ‘watchdog’ and a guardian of the public interest is customarily thought to be the privileged medium for ‘whistle-blowers’. According the Clause 77, “The Commission shall have the power to provide legal representation to any informer, whistleblower or witness during an investigation ….”

Intentionally or not, by design or by default, in concurrence to the Anti-Corruption Bill same legal luminary Trio is trying hard to introduce ‘Broadcast Regulatory Authority Bill’, to tame the ‘unruly misbehaving’ media in this Democratic Socialist Republic of Sri Lanka. A Cabinet Spokesman may be able to explain how this sheer coincidence took place. The Director General of Commission to Investigate Allegations of Bribery or Corruption can be taken to courts under the provisions of ‘Broadcast Regulatory Authority Bill’ for protecting and assisting the whistle blower and watchdog, the news media.

Misconception, misjudgment, ill advice, and making false statements, and not being vigilant cause losses. They facilitate corruption and its continuation. If such lethargy is not corruption, what is it?

Kapila Bandara in his article on ‘Exporters, importers shift Rs 13.2 trillion overseas via dodgy invoicing’ has to say this:

“Sri Lanka’s businesses involved in the exports and imports trade have plundered US$ 36.833 billion (Rs 13.246 trillion) over nine years through intentional, dodgy invoicing, and stashing the foreign exchange earnings offshore.

Importers and exporters intentionally falsify the declared value of goods on invoices filed with Sri Lanka Customs, to make an average of US$ 4.093 billion (Rs 1.471 trillion) evaporate every year, an extensive investigation by Washington, DC-based Global Financial Integrity has revealed.”

This is not a secret.  The Central Bank (CB) Knows this well. In fact, the Central Bank Governor first pleaded with exporters to avoid dodgy invoicing in the national interest. When exporters have not demonstrated their patriotism, CB Governor threatened the exporters. But nothing was done. Some exporters continue with stashing foreign exchange earnings off shore. Inaction by CB amounts to abating with so called ‘corrupt’ exporters. Keeping eyes closed on such purported leakages is not an offence referred to in the Act.

This country has been witnessing a series of earth tremors in several locations recently. Geological experts have stated that we need not bother. But, as a layman, I believe we have to bother and rule out any such alarming signals after conducting thorough serious scientific investigations. Our so-called experts have failed to do or evaded that and are telling us not to be vigilant or alarmed. Is cheating and making loose statements not corruption?

We always appreciate Corporate Social Responsibility (CSR). But how many of us know that CSR is being used by some corporate sector players to evade taxes? We welcome the black money coming in the form of investment and grant huge concessions to such investors. And the much-talked about Act has not recognized such practices as corruption.

The Anti-Corruption Bill says in clause 34. (1): The Commission shall take all possible measures to give effect to the United Nations Convention Against Corruption and any other international obligations which Sri Lanka has undertaken to prevent corruption. But, unfortunately, the Bill ignores such hidden forms of corruption.

The same clause refers to undertaking to prevent corruption but has failed to specify how. Lack of coordination, bureaucratic lethargy, ignorance, excessive and confusing documentation, rules and regulations, centralisation of services and functions in Colombo are only a few instances that lead to corruption. An ACT interested in pleasing UN conventions and any other international obligations not to mention the household word of IMF is silent on closing these holes. The Act is drafted for Commission officials to take post mortem operations leaving opportunities to cultivate corruption.

Corruption is not limited to the theft, misappropriation or misuse of public funds. Inaction, failure to remain alert, misinterpretation of and shielding behind regulations promotes corruption. As a Cabinet Appointed Procurement Committee Chairman, I have observed that in procurement Technical Evaluation Reports are not prepared in time; in some cases, they are purposely delayed leaving room for so-called ‘emergency procurement’ to suit identified suppliers.

 No surprise that Transparency International of Sri Lanka moved the Supreme Court against inclusion of some clauses and non-inclusion of significant clauses in the celebrated Act.

Anti-Corruption Bill is introduced in a country burdened by archaic, old aged Ordinances, Acts, rules and Regulations. Incidentally, the House decided to pass the Bill without a division. Among the members of the current Parliament is a person who was caught, admitted and fined for carrying a few mobile phones and gold biscuits on behalf of his friend and it would have been relieved by the fact that the House did not go for a vote on the Anti-corruption Bill. Otherwise, he and others of his ilk would have found themselves in a dilemma, unable to decide whether to vote for it.

The IMF has included a novel condition for reducing corruption vulnerabilities.  The UN Human Rights Council has brought about the notion of economic crimes into its agenda for the first time for Sri Lanka in its September 2022 report. The World Bank has placed Sri Lanka behind India, Nepal and Bhutan in its Ease of Doing Business Index. The reasons are bureaucratic lethargy, lengthy procedures leading to inordinate delays and corruption. Are we trying to paper over the cracks to please the IMF to get the next tranche of the pittance approved for Sri Lanka?

We, Sri Lankans, are lucky to have an Anti-Corruption Bill to catch small fish.



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US’ drastic aid cut to UN poses moral challenge to world

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An UN humanitarian mission in the Gaza. [File: Ashraf Amra/Anadolu Agency]

‘Adapt, shrink or die’ – thus runs the warning issued by the Trump administration to UN humanitarian agencies with brute insensitivity in the wake of its recent decision to drastically reduce to $2bn its humanitarian aid to the UN system. This is a substantial climb down from the $17bn the US usually provided to the UN for its humanitarian operations.

Considering that the US has hitherto been the UN’s biggest aid provider, it need hardly be said that the US decision would pose a daunting challenge to the UN’s humanitarian operations around the world. This would indeed mean that, among other things, people living in poverty and stifling material hardships, in particularly the Southern hemisphere, could dramatically increase. Coming on top of the US decision to bring to an end USAID operations, the poor of the world could be said to have been left to their devices as a consequence of these morally insensitive policy rethinks of the Trump administration.

Earlier, the UN had warned that it would be compelled to reduce its aid programs in the face of ‘the deepest funding cuts ever.’ In fact the UN is on record as requesting the world for $23bn for its 2026 aid operations.

If this UN appeal happens to go unheeded, the possibilities are that the UN would not be in a position to uphold the status it has hitherto held as the world’s foremost humanitarian aid provider. It would not be incorrect to state that a substantial part of the rationale for the UN’s existence could come in for questioning if its humanitarian identity is thus eroded.

Inherent in these developments is a challenge for those sections of the international community that wish to stand up and be counted as humanists and the ‘Conscience of the World.’ A responsibility is cast on them to not only keep the UN system going but to also ensure its increased efficiency as a humanitarian aid provider to particularly the poorest of the poor.

It is unfortunate that the US is increasingly opting for a position of international isolation. Such a policy position was adopted by it in the decades leading to World War Two and the consequences for the world as a result for this policy posture were most disquieting. For instance, it opened the door to the flourishing of dictatorial regimes in the West, such as that led by Adolph Hitler in Germany, which nearly paved the way for the subjugation of a good part of Europe by the Nazis.

If the US had not intervened militarily in the war on the side of the Allies, the West would have faced the distressing prospect of coming under the sway of the Nazis and as a result earned indefinite political and military repression. By entering World War Two the US helped to ward off these bleak outcomes and indeed helped the major democracies of Western Europe to hold their own and thrive against fascism and dictatorial rule.

Republican administrations in the US in particular have not proved the greatest defenders of democratic rule the world over, but by helping to keep the international power balance in favour of democracy and fundamental human rights they could keep under a tight leash fascism and linked anti-democratic forces even in contemporary times. Russia’s invasion and continued occupation of parts of Ukraine reminds us starkly that the democracy versus fascism battle is far from over.

Right now, the US needs to remain on the side of the rest of the West very firmly, lest fascism enjoys another unfettered lease of life through the absence of countervailing and substantial military and political power.

However, by reducing its financial support for the UN and backing away from sustaining its humanitarian programs the world over the US could be laying the ground work for an aggravation of poverty in the South in particular and its accompaniments, such as, political repression, runaway social discontent and anarchy.

What should not go unnoticed by the US is the fact that peace and social stability in the South and the flourishing of the same conditions in the global North are symbiotically linked, although not so apparent at first blush. For instance, if illegal migration from the South to the US is a major problem for the US today, it is because poor countries are not receiving development assistance from the UN system to the required degree. Such deprivation on the part of the South leads to aggravating social discontent in the latter and consequences such as illegal migratory movements from South to North.

Accordingly, it will be in the North’s best interests to ensure that the South is not deprived of sustained development assistance since the latter is an essential condition for social contentment and stable governance, which factors in turn would guard against the emergence of phenomena such as illegal migration.

Meanwhile, democratic sections of the rest of the world in particular need to consider it a matter of conscience to ensure the sustenance and flourishing of the UN system. To be sure, the UN system is considerably flawed but at present it could be called the most equitable and fair among international development organizations and the most far-flung one. Without it world poverty would have proved unmanageable along with the ills that come along with it.

Dehumanizing poverty is an indictment on humanity. It stands to reason that the world community should rally round the UN and ensure its survival lest the abomination which is poverty flourishes. In this undertaking the world needs to stand united. Ambiguities on this score could be self-defeating for the world community.

For example, all groupings of countries that could demonstrate economic muscle need to figure prominently in this initiative. One such grouping is BRICS. Inasmuch as the US and the West should shrug aside Realpolitik considerations in this enterprise, the same goes for organizations such as BRICS.

The arrival at the above international consensus would be greatly facilitated by stepped up dialogue among states on the continued importance of the UN system. Fresh efforts to speed-up UN reform would prove major catalysts in bringing about these positive changes as well. Also requiring to be shunned is the blind pursuit of narrow national interests.

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Egg white scene …

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Hi! Great to be back after my Christmas break.

Thought of starting this week with egg white.

Yes, eggs are brimming with nutrients beneficial for your overall health and wellness, but did you know that eggs, especially the whites, are excellent for your complexion?

OK, if you have no idea about how to use egg whites for your face, read on.

Egg White, Lemon, Honey:

Separate the yolk from the egg white and add about a teaspoon of freshly squeezed lemon juice and about one and a half teaspoons of organic honey. Whisk all the ingredients together until they are mixed well.

Apply this mixture to your face and allow it to rest for about 15 minutes before cleansing your face with a gentle face wash.

Don’t forget to apply your favourite moisturiser, after using this face mask, to help seal in all the goodness.

Egg White, Avocado:

In a clean mixing bowl, start by mashing the avocado, until it turns into a soft, lump-free paste, and then add the whites of one egg, a teaspoon of yoghurt and mix everything together until it looks like a creamy paste.

Apply this mixture all over your face and neck area, and leave it on for about 20 to 30 minutes before washing it off with cold water and a gentle face wash.

Egg White, Cucumber, Yoghurt:

In a bowl, add one egg white, one teaspoon each of yoghurt, fresh cucumber juice and organic honey. Mix all the ingredients together until it forms a thick paste.

Apply this paste all over your face and neck area and leave it on for at least 20 minutes and then gently rinse off this face mask with lukewarm water and immediately follow it up with a gentle and nourishing moisturiser.

Egg White, Aloe Vera, Castor Oil:

To the egg white, add about a teaspoon each of aloe vera gel and castor oil and then mix all the ingredients together and apply it all over your face and neck area in a thin, even layer.

Leave it on for about 20 minutes and wash it off with a gentle face wash and some cold water. Follow it up with your favourite moisturiser.

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Features

Confusion cropping up with Ne-Yo in the spotlight

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Ne-Yo: His management should clarify the last-minute cancellation

Superlatives galore were used, especially on social media, to highlight R&B singer Ne-Yo’s trip to Sri Lanka: Global superstar Ne-Yo to perform live in Colombo this December; Ne-Yo concert puts Sri Lanka back on the global entertainment map; A global music sensation is coming to Sri Lanka … and there were lots more!

At an official press conference, held at a five-star venue, in Colombo, it was indicated that the gathering marked a defining moment for Sri Lanka’s entertainment industry as international R&B powerhouse and three-time Grammy Award winner Ne-Yo prepares to take the stage in Colombo this December.

What’s more, the occasion was graced by the presence of Sunil Kumara Gamage, Minister of Sports & Youth Affairs of Sri Lanka, and Professor Ruwan Ranasinghe, Deputy Minister of Tourism, alongside distinguished dignitaries, sponsors, and members of the media.

Shah Rukh Khan: Disappointed his fans in Sri Lanka

According to reports, the concert had received the official endorsement of the Sri Lanka Tourism Promotion Bureau, recognising it as a flagship initiative in developing the country’s concert economy by attracting fans, and media, from all over South Asia.

Nick Carter: His concert, too, was cancelled due to “Unforeseen circumstances

However, I had that strange feeling that this concert would not become a reality, keeping in mind what happened to Nick Carter’s Colombo concert – cancelled at the very last moment.

Carter issued a video message announcing he had to return to the USA due to “unforeseen circumstances” and a “family emergency”.

Though “unforeseen circumstances” was the official reason provided by Carter and the local organisers, there was speculation that low ticket sales may also have been a factor in the cancellation.

Well, “Unforeseen Circumstances” has cropped up again!

In a brief statement, via social media, the organisers of the Ne-Yo concert said the decision was taken due to “unforeseen circumstances and factors beyond their control.”

Ne-Yo, too, subsequently made an announcement, citing “Unforeseen circumstances.”

The public has a right to know what these “unforeseen circumstances” are, and who is to be blamed – the organisers or Ne-Yo!

Ne-Yo’s management certainly need to come out with the truth.

However, those who are aware of some of the happenings in the setup here put it down to poor ticket sales, mentioning that the tickets for the concert, and a meet-and-greet event, were exorbitantly high, considering that Ne-Yo is not a current mega star.

We also had a cancellation coming our way from Shah Rukh Khan, who was scheduled to visit Sri Lanka for the City of Dreams resort launch, and then this was received: “Unfortunately due to unforeseen personal reasons beyond his control, Mr. Khan is no longer able to attend.”

Referring to this kind of mess up, a leading showbiz personality said that it will only make people reluctant to buy their tickets, online.

“Tickets will go mostly at the gate and it will be very bad for the industry,” he added.

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