By The Pulseline News Desk
The government’s proposed amendments to the Anti-Corruption Act are drawing mounting criticism from both civil society and the political opposition, with concerns that the legislation could weaken transparency while simultaneously expanding pre-trial detention in an already overcrowded prison system.
While the government has presented the amendments as measures to strengthen the country’s anti-corruption framework, critics argue that key provisions risk undermining public accountability, press freedom and fundamental rights.
TISL warns of reduced public scrutiny
Transparency International Sri Lanka (TISL) has raised concerns that the proposed Anti-Corruption (Amendment) Bill would significantly curtail public access to information relating to the wealth of public officials.
In a statement, the anti-corruption watchdog said the Bill would give the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) broad powers to withhold information contained in asset and liability declarations on privacy grounds.
According to TISL, the amendments could also expose individuals to legal action for disclosing information relating to questioned asset declarations without the consent of the person who submitted them, even where the information relates to suspected corruption or unexplained wealth.
The organisation warned that the proposed restrictions could make it more difficult for journalists, civil society organisations and members of the public to scrutinise public officials and expose corruption.
TISL further argued that limiting the use of asset declaration information primarily to formal investigations would weaken public oversight and accountability, urging lawmakers to reconsider the provisions before Parliament takes them up.
Opposition targets tougher bail laws
Separately, the Joint Opposition has voiced strong objections to proposed changes to the Act’s bail provisions, arguing that they threaten constitutional rights and ignore the realities of the country’s overcrowded prisons.
In a statement signed by Joint Opposition Convener Prof. G. L. Peiris, the alliance warned that Clause 17 of the Amendment Bill would make all offences under the Act cognisable and non-bailable under the Bail Act.
The proposed law would require suspects accused of accepting or offering bribes of Rs. 100,000 or more, or corruption involving a government loss or benefit of Rs. 500,000 or above, to seek bail only under exceptional circumstances before a High Court.
The Opposition argues that the amendment significantly limits judicial discretion, shifts the burden onto the accused and weakens the long-established legal principle that bail should generally be granted unless exceptional circumstances justify detention.
According to the Joint Opposition, the proposals undermine the constitutional presumption of innocence and the right to personal liberty guaranteed under Article 13 of the Constitution.
Prison overcrowding cited
The Opposition also linked the proposed legislation to the country’s worsening prison crisis, warning that stricter bail provisions would inevitably increase the remand population.
Citing information released by the Ministry of Justice and the Department of Prisons under the Right to Information Act and reported by BBC Sinhala, the Joint Opposition noted that some of the country’s largest prisons are operating at between three and five times their intended capacity.
According to the figures, Welikada Prison, built to accommodate 839 inmates, was housing around 3,400 prisoners, while Colombo Remand Prison held 2,782 inmates despite having capacity for only 328. Magazine Prison held more than 3,000 inmates against an approved capacity of 499, while Negombo Prison was accommodating over 2,400 inmates in facilities designed for fewer than 500 prisoners.
The statement further noted that more than 15,600 suspects remained in custody awaiting Government Analyst reports as of May 2026, while around 90 percent of those in custody at the end of 2025 were remand prisoners held for less than one year.
The Opposition argued that recent deadly unrest at Negombo and Mahara prisons demonstrated the consequences of chronic overcrowding and warned that expanding the category of non-bailable offences would place additional strain on an already overburdened prison system.
Appeal to Parliament
While reiterating its support for stronger action against corruption, the Joint Opposition called on the government to withdraw or substantially amend Clause 17, insisting that anti-corruption legislation must remain proportionate and consistent with constitutional safeguards.
The alliance also appealed to international development partners — including the United Nations Development Programme (UNDP), the European Union, the Asian Development Bank and the Government of Japan — to examine the human rights implications of the proposed amendments and encourage legislation that balances accountability with the protection of fundamental freedoms.
The emerging criticism from both civil society and opposition parties highlights the difficult balance lawmakers face as Parliament prepares to consider amendments intended to strengthen Sri Lanka’s anti-corruption framework without eroding transparency, judicial oversight or constitutional rights.
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