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Consumer Ombudsman by the Consumer Watch

A permanent Commission to Investigate Allegations of Bribery and Corruption and it's "below the capacity performance" referred to in the Daily News editorial of 1st September 2005 merits examination and comment.

Act 19 of 1994 which created the Permanent Commission to Investigate Allegations of Bribery and Corruption, at the head of which is a retired Judge of the Supreme Court, should be one of the most powerful institutions if society, is to be freed from the scourge of bribery and corruption. Unfortunately it appears to be hamstrung because it is not empowered to act unless a complaint is made to it and, as stated by its Chairman at a recent function "only a small proportion of such complaints are worth pursuing".

The above Act states that an allegation of bribery or corruption may be made against a person... by a communication to the Commission drawing its attention to any recent acquisition of wealth or property or to any recent financial business dealings or any recent expenditure etc. which are to the knowledge of the person making such communication not commensurate with the known sources of wealth or income of such person.

This provision no doubt creates as an essential prerequisite the receipt of a communication before the Commission can take action.

The point that strikes Consumer Watch is that the earlier 1954 Bribery Act to which several amendments were made from time to time in 1956, 1958, 1965, 1973, 1974 and 1976, appears to have given wider powers to the then Commission which was empowered to take action not only upon a communication made to it, but also having been empowered to direct and conduct investigations of all allegations "which come to the knowledge" of the Commission.

The manner in which an allegation can come to its knowledge can be quite diverse and varied such as telephone message fax or anonymous letter etc. Several indeed are the allegations made very responsibly in weekend newspapers by Defence Correspondents about the purchase of military hardware etc.

A few days ago the Secretary of a Provincial Council Ministry made a serious allegation before a Commission of Inquiry against a Chief Minister alleging the Secretary was under threat and that the Chief Minister had drawn excess funds by means of over estimates. These are matters therefore in the public domain and therefore "Within the Knowledge" of the public. Very specific allegations of a serious nature are being made from time to time in week-end newspapers.

Blight of bribery and corruption

If we are serious about ridding this country of the blight of Bribery and Corruption one finds it difficult to understand why the concept of some matter coming to the knowledge of the Commission was restricted to a direct and specific complaint being made to it which is much more restrictive.

Perhaps the reason was to safeguard persons from those making vague or frivolous or anonymous complaints. The result however is that today the Chairman feels hamstrung in the absence of a complaint being made to the Commission, or because the complaints are too vague and lacking in specificity.

This of course is no way to keep a check on bribery and corruption if the State is serious in tackling this problem. If one were to look at the experience of Singapore, where there is reasonable suspicion of bribery and corruption a mere notice from that Commission to the suspected offender that he is under investigation was so effective that it staunched the haemorrhage for all time.

It is interesting to note some of the other matters the Chairman has spoken of and referred to in the Daily News of the 1st of September 2005.

One gets the impression that the Commission is functioning without that degree of independence which it is entitled to if it is to carry out its functions meaningfully and that outside pressures curtail the freedom to act.

The newspaper report says referring to the necessity to amend the law, the purpose is to "confer on the Commission genuine independence apparent to society" and that the Commission should be an entity "not accessible to government the reference to absence of "genuine independence" could only mean that there is no real independence." There is also reference to "abuse of government power". The Commission obviously feels, in the exercise of its authority to "redeem and reform the polity" in a "political culture that is conducive these values".

Lack of staff

What is more the Chairman in emphasizing the need to clean society of the blight of bribery and corruption is forthright in observing that the cleansing should be "from top to bottom" because to quote him again "what one sees at the bottom is just a manifestation of the leadership at the top". The implication of those words is as clear as day light and needs no further elaboration.

The other matter he has referred to are the lack of staff which at present is on loan from the Police and the PSC, lack of resources, which almost 50 years after the Bribery Act of 1954 is yet a burden on the efficient discharge of its duties and which should have been remedied long ago if the State is serious in eliminating Bribery and Corruption.

At a time when we have enough resources to give all Members of Parliament duty free vehicles valued at some Rs. 3.5 million each, that a vital institution should be deprived of resources is a telling indictment indeed on our values. It is sad indeed that even today we have to depend on foreign funding agencies like the UNDP.

The Daily News editorial of a few days ago referred to this same problem of curbing corruption and referred to the Prime Minister himself "having brought into sharp focus the continuing blight of corruption and its consequences." Indeed the report of the proceedings do not refer to the Prime Minister having brought this into sharp focus.

Whoever made these observations is less relevant than the fact that the matter of curbing corruption being highlighted to wipe out the blight of corruption. However Consumer Watch is in entire agreement with the Editorial comment that corruption "should continue to remain a widely discussed issue" and that it should "figure as a hot election topic" which requires "Presidential candidates to give top billing to the issues of corruption and its eradication in their future plans for social reform." We cannot agree more. We at Consumer Watch would earnestly request all candidates to spell out in precise concrete terms how they intend wiping out this menace.

It is the public perception that this vital institution, should be fully empowered to exercise its mandate devoid of political or other interference, adequately staffed and with adequate resources at its command, as so far even after 50 years after the original Bribery Commission it even today remains, as the Editorial observes "the Commission has not lived upto public expectations so far..." It never had the dynamism and the result oriented drive which the public expect of it.

Abuse of power

A daily newspaper of Monday the 12th of September refers to a Member of Parliament referring to buses being used to transport people for a political rally, the Road Development Authority Officers and facilities being used for publicity purposes, official quarters being used for non-official purposes all of which constitute an abuse of power.

A Sunday paper of 11.09.05 refers to the use of CTB buses for a political convention, floats being constructed courtesy of State-run institutions, the State-run Rupavahini Corporation Chairman having released Rs. 350,000 for expenditure at this convention while the employees were clamouring for their overdue bonus which has not been paid while those in the higher echelons are releasing funds for political gain.

These are all if substantiated obvious cases of abuse of authority. We are glad the Chairman of the Bribery Commission has already indicated he will take stern action against all those indulging in abuse of authority.

Consumer Watch is constrained to observe that this nation appears to have lost its way in the political wilderness. Devoid of values, missing its priorities we see before us a "Wasteland" with only "burnt out ends of smoky days" where with increasing corruption and the break down of law and order and increasing crime and rampant abuse of power, the vicious circle that Mr. Miguel Burmeo of the UNDP referred to at the above function - a vicious circle "in which the State quickly loses its authority and the ability to govern..."

Where with corruption is it possible "for critics to be silenced, for justice to be subverted and for human rights abuses to go unpunished and where corruption affects the civil political rights, economic, social and cultural rights." It is indeed so pervasive.

The crying shame is that we need a foreigner to point out what is staring us in our face. Consumer Watch calls all Presidential Candidates to give a public commitment that all steps necessary will be taken to empower the Bribery Commission on the lines suggested by its Chairman as a measure of the highest priority, and will forthwith take steps to stop this abuse of power.

Readers are invited to send in their comments to the National Consumer Watch No. 143 A, Vajira Road, Colombo 5.

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