Bribery and corruption
People may ask, pertinently, "who cares
about bribery and corruption?’’ “The Government
is not bothered, so are we -- and we have better things to worry
about,'' they may say.
But bribery
and corruption is universally recognized to be a malaise that could
have a corrosive effect on the body politic of a nation. Graft usually
retards growth, and if at all rarely stimulates it. In countries
such as Sri Lanka, bribery and corruption exist from the top echelon
to the bottom of the pile -- from the highest to the humblest. At
the highest level, it benefits only a handful while depriving millions
of ordinary citizens of a better future and subverts the system
by giving an unfair advantage to the corrupt over the law abiding.
The bribery
and corruption crisis in Sri Lanka has now entered a chronic stage
displaying sheer inefficiency on the part of the country's two parallel
governments, the Executive and Legislature both. Since February
this year, as we have pointed out before, the Bribery and Corruption
Commission is non-functional.
An attempt
to appoint a respected former Court of Appeal judge and a former
Chairman of the Public Service Commission to a vacancy on the Commission,
proved futile due to some absurdity in the appointment process.
Here is a textbook case of impractical policies standing in the
way of results. It is a case of a well-known public official of
years of distinguished service being asked to sit for a test, and
answer questions drafted by someone from Mars.
Now comes a
controversy over a set of Amendments to the Bribery and Corruption
Law. The original law was poorly drafted in the first place. The
President is now raising objections to these amendments.
The President's
objections on the other hand, that the Commission's numbers must
not be enlarged or that those qualified to be Commissioners must
not be from a wider spectrum of endeavour has no merit. Having three
commissioners of a fairly senior age is the crux of the problem
that's impeding the functionality of the Commission at present.
That these Commissioners must be retired Supreme Court judges flies
in the face of what's required, because the President herself rejected
a retired Supreme Court judge for this job saying he was corrupt.
Having retired
Supreme Court judges sit on these Commissions is archaic public
policy. The Commissioners must necessarily be those who do not get
entangled with the prosecution arm of the Commission There now is
a tendency for a blurring of identity between the prosecutors and
the Commissioners, creating confusion and conflict.
What is needed
today is a team of young, trained and qualified professionals, especially
accountants and lawyers, policemen and IT specialists with a knowledge
of international commerce and money laundering. Such people must
have an idealistic zest for cleansing public life to do the work
of the prosecution. There must be prosecutorial innovation. The
infamous Chicago gangster Al Capone for instance was jailed for
tax evasion when they could not nab him for bootlegging.
But all this
talk of cleansing is pie-in-the-sky, when the biggest bribe-takers
in this country are the political parties whose elections are fought
and won on the buckshee of the crooked businessmen--for whom all
governments have an IOU when privatization time comes and tenders
for public utilities are on offer. So given that consideration,
it would appear, in a sense, that there probably is cohabitation
by both parties on this issue and a common understanding that there
is no great urgency to rock the boat. |