Is a stringent Anti-Corruption Law the panacea?

Corruption has remained a persistent issue not only in Sri Lanka but in every country, and it has been a major topic of discussion in a plethora of matters including governance, finance and economy, democracy and the rule of law. In Sri Lanka’s case, it has received great attention in the recent past, with the widespread belief that one of the main reasons, if not the main one, for the economic crisis the country is struggling with, is corruption on the part of politicians. This is also the very point from which the public’s and the international entities’ demands for stringent anti-corruption laws and accountability emanate. Sri Lanka has taken the initiative to present an anti-corruption law, which was gazetted as a Bill recently.

However, in discussion with The Daily Morning, many representing the general public opined that what Sri Lanka is in need of is not necessarily laws but political discipline, and that the country should stop blindly believing in the notion that laws alone could create a better governing structure. Concerns surrounding the proper enforcement of laws were highlighted by them.

“If laws alone could eradicate corruption, or any crime for that matter, many countries in the world would have become law-abiding, peaceful, and developed countries by now,” 55-year-old trader, Vidarshana Jananath said, adding that laws are merely a rudimentary step in combating corruption. He added: “Sri Lanka is a prime example of that reality. Even though many laws are not stringent enough, there are laws that could be very useful in fighting various irregularities. However, the implementation is what decides a law’s usefulness, which, in Sri Lanka’s case, remains very weak. Our law enforcement authorities are usually not efficient enough, and sometimes, they support those in high places of the society against whom corruption allegations have been levelled. In most cases, they enforce the law properly only when the suspect is from the lower classes of the society who has no financial or political power. This is the same when various other authorities implement the law against corruption.” 

In this context, he added that for Sri Lanka to effectively combat corruption, law enforcement agencies should be strengthened to fulfil their duties without succumbing to various influences. In addition, a strict monitoring mechanism should be in place to ensure that law enforcement agencies, particularly the Police and the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), have honest officers, a proper system and the resources to do their job, according to Jananath.

These concerns were shared by several others. They added that “bending the law” has become a common practice, which those who are powerful and wealthy use to cover up their irregularities. Some of them blamed the country’s political culture for this, adding that politics and corruption seem to go hand in hand, although that is not the form of relationship that should be between the two.

In this regard, 26-year-old student, Isuri Apsara said: “We have seen how corruption revealed by international organisations through initiatives such as the Pandora Papers and local initiatives such as audit reports have received little to no attention. A responsible country would have pursued these allegations and findings, and would have taken the right measures. However, thus far, Sri Lanka has taken no concrete actions to effectively address these incidents, while there are an incalculable number of acts of corruption taking place every day.” She blamed the political authority for the said situation, adding that there are only promises to “catch thieves of former governments” but that these promises are never actually fulfilled. The heads of the country have become thieves and supporters and protectors of more thieves, and that is a clear decline of the Government’s competency and the people’s interests”. She added: “We sent to the Parliament, our representatives, in order to eradicate corruption and bring in reforms for more accountability. However, what they actually do is rob the people’s money, the economy, the country’s stabilisation and eventually, the country’s future and economic growth. To address this issue, there needs to be greater political discipline where politicians do not engage in corruption, and see that act for what it is. We can start with the assets and liabilities law, which appears to have been neglected for a long time”.

Many that spoke with The Daily Morning further said that discipline should be strengthened and promoted not only in the Police but also the overall political sphere. Adding that no plan can be perfect, they added that strict disciplinary actions against politicians are necessary, in order to remind the country that politicians too are below the law and that they have a responsibility to set an example by dealing with corruption within their parties, coalitions and Governments. What is more, some of them said that since the number of politicians that get convicted and penalised for their crimes in Sri Lanka is extremely low, to set an example, convicted politicians should be banned from running for public office for a certain period of time.