Editorial

Last week’s front page news item in this newspaper must surely be a deplorable indictment of Sri Lanka’s collective reputation; the World Bank has agreed to step in to underwrite the import of urgently needed fertiliser, but with strict regulations to ensure a fraud-and-corruption-free process takes place.

The World Bank will supervise records and other documents relating to the procurement process and the accounts are to be audited by those appointed by the Washington-based bank. It is the first time the World Bank is to introduce this supervisory mechanism in Sri Lanka.

This is part of a USD 350 million financing facility under its Emergency Crisis Response Programme beginning with the upcoming Maha rice cultivation season following the suicidal blanket ban on the import of chemical fertiliser by the Gotabaya Rajapaksa Government. Nearly 5.5 million people or a quarter of the country’s population are estimated to be in need of humanitarian assistance, most of them food insecure, according to United Nations records. Sri Lanka has been placed fifth in the world for food price inflation next to Lebanon, Zimbabwe, Venezuela and Turkey. Yet, even in the growing of its own food, the World Bank seems unable to trust the local authorities that the money it gives will be honestly spent.

Despite National Procurement policies, the World Bank has imposed additional clauses to ensure there is no fraud or corruption in the process. The Bank will invoke provisions of its Anti-Corruption Guidelines and its prevailing sanctions, policies, and procedures as set forth in its Sanctions Framework. What a comedown for the country. Then, on the other hand, one finds the shenanigans that are continuing with the organic fertiliser shipment from China that was ordered and sent back due to poor quality resulting in the country losing more than USD six million. Who is/are responsible for this order?

The International Monetary Fund (IMF) also had occasion to mention the subject in its last report on Sri Lanka when it referred to “reducing corruption vulnerabilities”. The culture of corruption took off from petty thefts to mega bucks with the northern insurgency. Politicians and some military top brass in cahoots with arms dealers became rich overnight. Then, in the post-insurgency period, under cover of the euphoria for overcoming domestic terrorism, the Government indulged in binge drinking at the fountain of foreign loans on a Government-to-Government basis and from private creditors with kickbacks aplenty, all in the guise of post-war economic recovery.

And with the head rotten, lower levels of ministers and senior officials jumped on the gravy train with sugar scams, garlic scams, fuel scams, gas scams, fertiliser scams, and the corruption canker penetrated every pore of the administration.

It is, however, heartening that there is a renewed initiative to reopen investigations that ran out of steam partly because investigators themselves went rogue. Half-baked files were politically shelved with the advent of the 2019 Government. The demand for the recovery of ‘stolen assets’ and action against the corrupt resumed with fresh impetus with the recent popular uprising as the economy collapsed. It was a genuine demand of farmers, peasants and the middle classes who felt cheated by their corrupt leaders. Even in the midst of this cry, though, there were senior politicians who could not kick the habit of asking for kickbacks once ensconced in public office as bribery and corruption had got ingrained into their lifestyles.

Anti-corruption legislation requires a fresh look as the world has now clearly identified Sri Lanka as a corrupt country. It’s one comedown for an otherwise proud nation now having to beg for food, fuel and medicines. There has, therefore, to be greater investment in staff and sleuths for the Bribery and Corruption Commission backed by modern laws, or it might as well be closed down.

In a recent Corruption Perceptions Index (CPI) calculated using data from the World Bank, the World Economic Forum, private risk and consulting companies, think tanks and others, Sri Lanka scored as the 37th most corrupt nation in the world out of 180 countries. A majority of Sri Lankans may resent unwarranted foreign interference in its wartime human rights record, but there is no gainsaying they would welcome some external audit of its financial record, especially to identify those who have profited and wish to profit from foreign contracts at the expense of the long-suffering people.

Contempt of Court on the dock

Friday’s Presidential pardon for actor-turned-politician Ranjan Ramanayaka once again focuses on the vexed question of Contempt of Court that successive Governments, the Judiciary and the Bar have grappled with for decades, but not resolved.

The Government was careful that the conditional pardon afforded to Mr. Ramanayaka as he has pending cases does not amount to an affront to the Judiciary that slapped a jail sentence on the former MP for some sweeping allegations against judges. Unfortunately, he painted all the judges with the same brush. However, there was general public consensus that the punishment did not fit the crime and the sentence was too harsh.

What is Contempt has been long argued all over the world and countries like the UK and India have their own Contempt of Court Acts. These define the law, specifying the boundaries. Most distinguish between the refusal to carry out a court order and free speech which is a constitutional guarantee.

The Editors’ Guild met the then President of the Bar Association to argue its position many years ago demanding such an Act. It received a sympathetic hearing, but no more. That former Bar leader now holds the position as Minister of Justice, no less. The Bar Association has also proposed a draft that truth be a defence to Contempt actions.

Former Foreign Minister Lakshman Kadirgamar chaired a Parliamentary Select Committee appointed by the Ranil Wickremesinghe Government of the day to draw up a Contempt of Court Act, but the committee’s work was aborted midway by the sudden dissolution of that Parliament in 2004.

There is a draft law being contemplated by the Government, it seems. In the process of constitutional and legal reforms now underway, this subject also behoves the Government’s attention that a balanced law is introduced soon so there are no miscarriages of justice.