Prof. Camena Gunaratne

Professor – Department of Legal Studies of the Open University of Sri Lanka

Q: What steps can we take to combat bribery and corruption – and ensure that public resources are used for the benefit of all citizens in this country?

A: There must be a two-pronged approach to dealing with this issue. On the one hand, law enforcement agencies must work independently and free of political influence to bring offenders to book.

Asset declarations and tax investigations should be enforced, particularly against politicians and senior officials – but this isn’t happening.

We have laws in place and the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) as an independent entity to deal with the issue. However, prosecutions don’t seem to be effective and cases are often withdrawn or dismissed.

There seems to be a certain level of public apathy about corruption and civil society must also be proactive in demanding transparency in the functioning of state institutions – particularly the disposal of public resources and foreign investment projects. The Mannar Wind Power Park project is a case in point.

We have a strong Right to Information Act (RIA), which should be used more effectively.  Public interest litigation is an effective tool to challenge controversial mega projects and the unaccountable disposal of state assets, and this strategy has been quite successful.

Q: And what mechanisms do you believe are necessary to hold public officials accountable for their actions and decisions?

A: Public officials should be free of political control and patronage. Until this is established, it will not be possible to effectively ensure accountability to the public as they will, willingly or unwillingly, be accountable to those in power.

We have witnessed what happens to officials who act independently.

The Public Service Commission is mandated in regard to the appointment, promotion, transfer, disciplinary control and dismissal of public officers, but this mandate must include secretaries to ministries and heads of departments as well.

If independence and accountability are guaranteed at the top, they will permeate down. The Public Service Commission and National Police Commission must also be strengthened, and their independence guaranteed.