Sri Lanka Corruption Perceptions Index 2004 score: 3.5 (67th out of 146 countries) Conventions: UN Convention against Corruption (ratified March 2004) UN Convention against Transnational Organized Crime (signed December 2000; not yet ratified) Legal and institutional changes • The Sri Lankan government enacted the Fiscal Management (Responsibility) Act No. 3 in 2003. The law aims to enhance transparency and financial accountability and ensure that the government’s fiscal strategy is based on responsible fiscal management. Under the law, the finance minister is required to publicly disclose the government’s fiscal policy and performance. The law’s effectiveness will depend on vigilant public scrutiny of the finance minister’s reports, and state commitment to enforcement and oversight mechanisms. • Drafting of the Audit Act was completed at the end of 2003. The bill will widen the mandate and strengthen the powers and independence of the office of the auditor general. Under the law, the auditor general’s report must be presented to parliament within five months of closure of the financial year (reduced from the current requirement of 10 months). The law widens the auditor general’s authority to audit all income and expenditure of parliament. • The need for a freedom of information law was recognised by the cabinet in December 2003 and was scheduled to go before parliament in late 2004. If passed the bill should overcome a severe deficit in public access to government documents such as the audit report, recruitment and promotion schemes for public sector staff, and public contracting transactions. The inability to access such information has resulted in widespread cronyism and misappropriation of public funds. The proposed legislation is flawed in that it is unclear in its scope, and various provisions within the legislation provide ample opportunity for restrictions.
An ailing judiciary According to a Transparency International survey, the judiciary is perceived to be the second most corrupt public institution in Sri Lanka after the police. 1A further study carried out by Marga Institute also revealed the extent of the problem in the Sri Lankan judicial system. Of the 50 judges (including retired judges) who responded to a questionnaire, 41 reported 226 incidents of bribery within the judiciary. Among the respondents, the prevalent view (84 per
cent) was that Sri Lanka’s judicial system was corrupt.2 Even the highest authority in the Sri Lankan judiciary has been tainted with allegations of corruption. There have been two attempts to impeach the chief justice, Sarath Nanda Silva, on charges including obstruction of justice, violation of the constitution, abuse of power and inappropriate personal behaviour relating to the status of a supreme court justice.3 The second impeachment was presented to the speaker of parliament in November 2003.
Country reports SRI LANKA
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