By The Pulseline News Desk
The People’s Action for Free and Fair Elections (PAFFREL) has urged President Anura Kumara Dissanayake to reconsider several provisions of the proposed amendments to Sri Lanka’s Anti-Corruption Act, warning that some changes could undermine transparency and restrict the public’s ability to scrutinise the wealth of public officials.
In a letter addressed to the President, PAFFREL Executive Director Rohana Hettiarachchi has said the Anti-Corruption Act, No. 9 of 2023, had represented an important step towards strengthening transparency and accountability by enabling public scrutiny of asset and liability declarations.
However, the election monitoring organisation has raised concerns over provisions in the Anti-Corruption (Amendment) Bill that would restrict how members of the public could use redacted asset declarations obtained under the law.
The Bill, which was presented to Parliament by Prime Minister Harini Amarasuriya on 19 August, proposes that such declarations may only be used for submission to specified officers or institutions under the Act.
A person who violates the proposed restriction could face a fine of up to Rs. 100,000, imprisonment for up to one year, or both.
PAFFREL has argued that such restrictions could significantly weaken the purpose of making asset declarations accessible to the public.
It has said journalists, civil society organisations and citizens should be able to examine the declarations, identify possible discrepancies and question whether the wealth and assets of public officials could reasonably be explained by their legitimate income.
“Public scrutiny is an essential component of accountability,” the organisation has maintained, warning that limiting the use of information obtained through public disclosure could reduce the effectiveness of the asset declaration regime.
Concerns over company ownership threshold
PAFFREL has also objected to a proposed increase in the state-ownership threshold applicable to certain companies from 25% to 50%.
Under the proposed amendment, companies in which the Government or a public corporation holds between 25% and 49.9% would no longer fall within the relevant threshold.
The organisation has warned that such a change could have implications for transparency, particularly where significant government interests exist without the State holding a majority stake.
PAFFREL has therefore called for the implications of the proposed threshold to be carefully examined before the amendment is enacted.
Household asset declarations
Another concern raised by the election monitoring body relates to the proposed removal of the requirement to declare the assets and liabilities of another person who has lived with the declarant and shared the same household for at least six months.
The Bill proposes removing this requirement on privacy grounds.
However, PAFFREL cautioned that eliminating the provision could create an avenue for assets to be placed in another person’s name while remaining under the control of, or benefiting, the public official required to make the declaration.
The organisation has said the Government should carefully balance legitimate privacy concerns against the need to prevent the concealment or diversion of assets.
Powers within anti-corruption commission
PAFFREL has also expressed concern over provisions that could concentrate greater authority on a single official within the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
The organisation has argued that powers within an independent commission should primarily be exercised by the commission itself or through a properly established institutional structure, rather than becoming excessively concentrated in an individual office-holder.
PAFFREL has nevertheless acknowledged that the proposed amendment contains several positive provisions aimed at addressing legal gaps, ambiguities and administrative and technical issues that have emerged in implementing the existing legislation.
The organisation has said the objective of strengthening the country’s anti-corruption framework should not come at the expense of transparency and public oversight.
Call for wider consultation
PAFFREL has consequently urged President Dissanayake to ensure that the proposed amendments do not reverse the transparency gains introduced through the 2023 Anti-Corruption Act or weaken the ability of citizens to hold those exercising public power accountable.
It has also called on the Government to subject the proposed amendments to broader public discussion before proceeding with the legislative reforms.
The Government has maintained that the amendments are intended to address legal, interpretational, administrative and technical issues encountered in implementing the existing Anti-Corruption Act, while strengthening mechanisms for corruption prevention, investigations and prosecutions.
The debate over the proposed amendments comes as the Government seeks to strengthen Sri Lanka’s institutional framework for tackling corruption. PAFFREL’s intervention, however, highlights a central question surrounding the reforms: whether efforts to improve the administration of anti-corruption laws will also preserve the public’s ability to independently scrutinise those entrusted with public office.
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