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Recovery of stolen money: Parliament needs to give legal effect to UN Convention against Corruption -lawyer
BY SHAMINDRA FERDINANDO
Senior lawyer S. A. Cader sayas that it was the responsibility of Parliament to enact legislation to enable the country to seek UN support for the recovery of stolen public assets.Cader, senior partner at Julius & Creasy emphasised the urgent need to address the issue at hand as part of the overall efforts meant to stabilise the economy.The lawyer said so responding to SLPP National List MP Prof. G. L. Peiris’ recent declaration that cash-strapped Sri Lanka should seek the intervention of the UN’s Stolen Asset Recovery Initiative (StAR) run by the World Bank Group and the United Nations Office on Drugs and Crime (UNODC).
Appreciating the former Foreign Minister’s call, Cader told The Island: “As far as we are aware, mere fact Sri Lanka being a signatory to a UN convention will not make the convention a part and parcel of the Sri Lankan Law, unless a local legislation is enacted by the Parliament to give legal effect to the said convention per se. In this case, pursuant to Parliament passing legislation, the country can look forward to the UN and the World Bank to assist it.”
The joint initiative encourages countries to implement Chapter V of the United Nations Convention against Corruption (UNCAC).Sri Lanka signed the Convention on March 15, 2004 and ratified on March 31, 2004. Attorney-at-law Cader said now that a member of parliament had publicly suggested that Sri Lanka should seek UN assistance to recover stolen assets, political parties represented in parliament should go the whole hog.
Referring to the Supreme Court judgment given on Sept. 15, 2006 pertaining to the high profile Singarasa case, lawyer Cader stressed consequently that the parliament had to provide legal effect to UN Conventions. Nallaratnam Singarasa, who had been arrested for allegedly conspiring between May 1, 1990 and Dec 31, 1991 with the LTTE to attack army camps in the North. Singarasa was arrested on charges under the Prevention on Terrorism Act (PTA).
Addressing the media early this week at SLPP rebels’ Nawala Office, Prof. Peiris said that Sri Lanka experiencing the worst ever post-independence economic crisis could utilize the StAR to nab those who had stashed away stolen funds, both here and overseas.Prof. Peiris, who served as Foreign Minister twice (2010-2015 and August 2021-April 2022), said that the assistance of the international community and local organizations, specializing in anti-corruption activities, was required as successive governments failed to take tangible measures in that regard.
The recovery of stolen assets should be a priority for the government as it was struggling to cope up with further deterioration of the economic situation, the MP said.The Island sought clarification from former top law academic Prof. Peiris, yesterday (10) as regards the responsibility of parliament to enact law here to provide legal effect to UNCAC, the academic said: “I do not think a parliamentary initiative is essential. The critical factor is political will. The entire process can be triggered by the government taking up the matter with the UN system. Prevailing public mood is very conducive to this.
Former Chairman of Committee on Public Enterprises (COPE) Prof. Charitha Herath while appreciating the push for recovery of stolen money stressed the need to expose those responsible for waste, corruption, irregularities and mismanagement over the years. The SLPP National List MP pointed out that the economy was in such a precarious state, those now exercising political power should keep in mind the pending USD 2.9 bn IMF loan facility alone couldn’t save Sri Lankan economy.
Lawmaker Herath urged political parties represented in parliament to reach consensus on how to use the Auditor General’s findings and recommendations pertaining to public sector enterprises as well as disclosures made by parliamentary watchdog committees. The academic alleged that the Parliament a few months ago blocked efforts made by the COPE during his tenure as its Chairman to secure approval for the outfit to submit reports directly to the AG.
Herath stressed that the appraisal of the Attorney General’s Department as well as that of the Commission to Investigate Allegations of Corruption (CIABOC) as regards corruption cases was of pivotal importance as both institutions had been criticized. The MP noted that the Opposition requested information pertaining to the cases withdrawn by the AG and CIABOC as well as the outcome of judicial proceedings into high profile cases. Prof. Herath said whatever the initiatives undertaken with external support, the parliament should take tangible measures to ensure the environment required for genuine anti-corruption drive.
Responding to another query, Prof. Herath said there couldn’t be any dispute that anti-corruption efforts had failed so far though some shocking disclosures were made over the years. Actually required action hadn’t been taken on the basis of revelations made before parliamentary watchdog committees.
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Landslide Early Warnings issued to the Districts of Badulla, Kandy, Matale, Monaragala and Nuwara Eliya
The Landslide Early Warning Center of the the National Building Research Organaisation [NBRO] has issued landslide early warnings to the districts of Badulla, Kandy, Matale, Monaragala and Nuwara Eliya for a period of 24 hours effective from 1200 noon today [07th January].
Accordingly,
LEVEL III RED landslide early warnings have been issued to the divisional secretaries divisions and surrounding areas of Udadumbara in the Kandy district, and Nildandahinna and Walapane in the Nuwara Eliya district.
LEVEL II AMBER landslide early warnings have been issued to the divisional secretaries divisions and surrounding areas of Kandaketiya in the Badulla district, Wilgamuwa in the Matale district, and Mathurata and Hanguranketha in the Nuwara Eliya district.
LEVEL I YELLOW landslide early warnings have been issued to the divisional secretaries divisions and surrounding areas of Meegahakiwula, Lunugala, Welimada, Passara, Badulla and Hali_Ela in the Badulla district, Doluwa in the Kandy district,Ambanganga Korale in the Matale district, and Bibile in the Monaragala district
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Prez seeks Harsha’s help to address CC’s concerns over appointment of AG
Chairman of the Committee on Public Finance (CoPF), MP Dr. Harsha de Silva, told Parliament yesterday that President Anura Kumara Dissanayake had personally telephoned him in response to a letter highlighting the prolonged delay in appointing an Auditor General, a vacancy that has remained unfilled since 07 December.
Addressing the House, Dr. de Silva said the President had contacted him following the letter he sent, in his capacity as CoPF Chairman, regarding the urgent need to appoint the constitutionally mandated head of the National Audit Office. During the conversation, the President had sought his intervention to inform the Constitutional Council (CC) about approving the names already forwarded by the President for consideration.
Dr. de Silva said the President had inquired whether he could convey the matter to the Constitutional Council after their discussion. He stressed that both the President and the CC must act in cooperation and in strict accordance with the Constitution, warning that institutional deadlock should not undermine constitutional governance.
He also raised concerns over the Speaker’s decision to prevent the letter he sent to the President from being shared with members of the Constitutional Council, stating that this had been done without any valid basis. Dr. de Silva subsequently tabled the letter in Parliament.
Last week, Dr. de Silva formally urged President Dissanayake to immediately fill the Auditor General’s post, warning that the continued vacancy was disrupting key constitutional functions. In his letter, dated 22 December, he pointed out that the absence of an Auditor General undermines Articles 148 and 154 of the Constitution, which vest Parliament with control over public finance.
He said that the vacancy has severely hampered the work of oversight bodies such as the Committee on Public Accounts (COPA) and the Committee on Public Enterprises (COPE), particularly at a time when the country is grappling with a major flood disaster.
As Chair of the Committee responsible for overseeing the National Audit Office, Dr. de Silva stressed that a swift appointment was essential to safeguard transparency, accountability and financial oversight.
In a separate public statement, he warned that Sri Lanka was operating without its constitutionally mandated Chief Auditor at a critical juncture. In a six-point appeal to the President, Dr. de Silva emphasised that an Auditor General must be appointed urgently in the context of ongoing disaster response and reconstruction efforts.
“Given the large number of transactions taking place now with Cyclone Ditwah reconstruction and the yet-to-be-legally-established Rebuilding Sri Lanka Fund, an Auditor General must be appointed urgently,” he said in a post on X.
By Saman Indrajith
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Govt. exploring possibility of converting EPF benefits into private sector pensions
The NPP government was exploring the feasibility of introducing a regular pension, or annuity scheme, for Employees’ Provident Fund (EPF) contributors, Deputy Minister of Labour Mahinda Jayasinghe told Parliament yesterday.
Responding to a question raised by NPP Kalutara District MP Oshani Umanga in the House, Jayasinghe said the government was examining whether EPF benefits, which are currently paid as a lump sum at retirement, could instead be converted into a system that provides regular payments throughout a retiree’s lifetime.
“We are looking at whether it is possible to provide a pension,” Jayasinghe said, stressing that there was no immediate plan to abolish the existing lump-sum payment. “But we are paying greater attention to whether a regular payment can be provided throughout their retired life.”
Jayasinghe noted that the EPF was established as a social security mechanism for private sector employees after retirement and warned that receiving the entire fund in a single installment could place retirees at financial risk, particularly as life expectancy increases.
He also cautioned that interim withdrawals from the EPF undermined its long-term sustainability. “Even the interim payments that are given from time to time undermine the ability to give security at the time of retirement,” he said, distinguishing the EPF from the Employees’ Trust Fund, which provides more frequent interim benefits.
Addressing concerns over early withdrawals, the Deputy Minister explained that contributors have been allowed to withdraw up to 30 percent of their EPF balance since 2015, with a further 20 percent permitted after 10 years, subject to specific conditions and documentary proof.
Of 744 applications received for such withdrawals, 702 had been approved, he said.
The proposed shift towards an annuity-based system comes amid broader concerns over Sri Lanka’s ageing population and pressures on retirement financing. While state sector employees receive pensions funded by taxpayers, including EPF contributors, the EPF itself has been facing growing strain as it is also used to finance budget deficits.
Jayasinghe said the government’s focus was to formulate a mechanism that would ensure long-term income security for private sector employees, placing them on a footing closer to a pension scheme rather than a one-time retirement payout.
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