Bribery and Corruption the main

Enemy of the Nation

by Sarath Wijesinghe
Bribery and Corruption
( October 26, 2015, Colombo, Sri Lanka Guardian) It is all over in the society. It is
cancerous rampant and all over as air and breath. It is worldwide and taking place
every minute all over the world- in style in the West and developed nations and more
openly in crude form in the developing world. It is a way of life and considers a part of
life in the most inefficient system of administrations immersed in bribery and
corruption. It is difficult to eradicate completely but our efforts should be to minimize it.
One of the root causes of bribery and corruption is the inefficiency of the governance.
Religions have failed to clamp it. Will rigorous punishments be able to sweep away
this menace is a moot issue. It may be the greed of the man with unlimited satisfaction

with uncontrolled mindset and lust. It is informed that the person who took the highest
bribe recently was awarded a sum much more than the massive bribe taken indicating
the unlimited lust and greed of this individual. Bribery may be small big direct or
indirect. There is news on sex bribes demanded on school admissions. Mothers resort
to this to get her child admitted which is difficult and complicated under normal
circumstances. In the West bribe is indirectly legitimized by way of commissions to
Companies which in the process trickles down the line to Sri Lanka as well. It has
become so rooted that nothing appear to be happening and no file is moving without a
bribe in some form or at least influence from politicians which is also indirect bribe. We
must find a way to get out of it and get over at any cost, what is the way out is a
million-dollar question.
Oxford Definition
Oxford defines it as fraudulent conduct by those in power typically involving bribery
and the action or effect of making someone or something morally deprived.
Corruption evades trust in governments business and markets. Sometimes it is
considered customary and accepted. Bribery is giving or receiving something and
influencing a transection. Corruption involves more than two or more people enters
into a secret agreement to pay an inducement to an official for official for securing for a
favor of some deception in return. Bribery is an offence punishable under penal code
as far back as 1882. In 1994 act no 19 was created to combat Bribery and Corruption.
Lot discussed on eradication of corruption and bribery but less has been done for
implementation process of eradication. Definitions are found in the bribery act 11 of
1954 incorporated the amendments up to 2012 and in the Website of the Commission.
The Preamble of the act states that it is an establishment to investigate allegations of
bribery or corruption and to direct the institution of precautions for offences under the
bribery act and the declaration of assets and liabilities law, no 1 of 1975 and the
matters connected or incidental.
Corrupt Institutions
Simply look round in government departments in day to day life. Police, Court
Administration, Customs, Port, Motor Traffic, Immigration, Department of NIC, and
alike are the most corrupt among the corrupt institutions in the lead unharmed with the
blessings and the participation of the polite and powerful. Court system is the guardian
of the Nation offering justice and fair play to the citizen. From the Magistrate court
administration to the highest court corruption is rampant seen felt and experienced by
the 10% of the population who are litigants. Court peon is the most powerful who can
do wonders in the court system, Immigration Department of National Identity and
similar institutions dealing with the public in any other state or corporation outlet.
These are not myths or mere accusations as it is happening everywhere every minute.
A person known to us went to motor traffic department in Werahara and CTB in
Maharagama to get a job done. Officers were very courteous efficient and did the job
in minutes and offered to pay the amounts due to the cashier as a part of help, to find
and the balance was given after deducting the bribe. Citizen was speechless but kept
quiet as the job was done and did not want further complications. He noticed an officer

openly demanding 10,000 rupees to do the job from a foreigner as a soft target and a
n easy prey. If someone in the bribery commission visit any government institution
now he/she can come across number of detections within a short period. This
simple comment indicates the gravity of the challenges before the government
pledged for Good Governance. There was an instance where Court Register has
taken the production in the court premises in his charge takin the whole lot in a vehicle
in the broad day light. Though he was convicted this given the message how difficult it
is to control this menace. Money speaks in the Court system Prisons and police
stations.
Weak Governance responsible for Bribery and Corruption?
Following quotation links bribery and corruption to weak governance and inefficiency.
At the rate the Bribery and corruption takes place in the broad day light as street
robbery one wonders whether is governance at all if not for goof governance.
Quotation but when you have bad governancethe resources are destroyed- there
is illegal logging, there is soil erosion. I got pulled deeper and deeper and saw how
theres issues became linked to governance, corruption and dictatorship. Wangars
Mathis- Kenyan Activist
This indicated that Bribery and Corruption is linked to Good and Bad Governance as
those who are in governance are the people responsible for Bribes as well as
eradication, which takes the issue to political levels of any polite. This is a matter
which is to be considered out of politics as currently it is a media circus accused by
bribe takers in the governance to the opposing bribe takes out of power both of whom
are equally corrupt.
Bribery Commission should be credited for the good start by updating the Website and
being frank on the difficulties and challenges. Citizens participation and is paramount
in this massive exercise which should be a joint operation of the Governance, Polite,
Commission and the Citizen with the participation of the professionals and the general
public.
Much is written on bribery but much less is on minimizing, prevention and eradication.
Therefore, it is time for a dialog on Minimizing, Prevention and eradication of briary
and corruption in all levels of the society for a collation based on the experiences of
the common man.
Largest ever detection
Largest ever bribery detection was caught recently while three senior customs officers
were acceptation 125 million rupees to release a spare part consignment. Media has
given a detailed narration of the excellent job done by the Director General who should
be credited for the hard work strategy leading the group to successful detection. This
is largest ever detection and may not the largest ever as there is possibility for many
larger incidents taking place in the system open to use and misuse with no checks and
balances. For example, it is difficult to ascertain how one or few in power to taking
decisions for millions or billions without wetting a checks and balances. We are not

aware of the procedures which we are entitled to know. The promised right to know
legislation has still not seen the daylight. This is a simple straight forward transection
that has taken place quick in the broad day light. It is a brought day light robbery of the
tax payers money. How many have and are going unnoticed and undetected are
known to few. Though wide publicity was given there is a dead silence on the issue
compelling us to think of the famous famous Vat Scam where some were convicted
for minor offences and the main sharks are living in safe havens of money laundering
in Dubai and many other countries enjoying the retirement with Sheiks immersed in
money. According to Transparency International biggest increase on corruption was
from North American and European Union with 6/10 representing corruption levels. It
is high in third world and poor Asian African countries linked to foreign aid and
developed and EU nations linked to arms deals and internal conflicts encouraged by
the west for arms sales.
Indictment is mainly aimed at the line Minister concerned who is free to act having
relived of many difficult areas of the Ministry. It is time he makes a public statement on
the custom scam/incident without disturbing the inquiries and to lay down a future plan
to prevent s further robberies. Is it the tip of the ice bag or the last major detection will
be decided by the steps taken by the line Minister in tis major scandal that has taken
place unnoticed? This is from a tip off from an aggrieved party and entire credit need
not go to the governance or the institutions concerned and responsible for.
Corruption committee is to combat and eradicate consist of the Prime Minister,
Ministers and members of the opposition. It is more appropriate to appoint retired
Supreme Court Judges and respected social activists for the committee without any
politicians as the finger on bribery is pointed at all politicians who look after
themselves on car permits, perks, increment of salaries and spending over 4.6 million
of public funds a day for discussions expected of highest standards. Standard and the
effect of the discussions are judged by the ordinary man who is superior to the polite
enjoying power.
It is a fact that many state institutions are corrupt whatever the government is in power
as Bribery and corruption is institutionalized. Customs Department where the largest
bribery amount was detected is famous for bribery and corruption and it is doubtful the
checks and balances available with an effective system to minimize or eradicate it.
Way forward and the current structure
Is the current structure effective and if not so what are the changes suggested to
improve the campaign fighting the menace of Briary and Corruption? Definitely the
current system is not effective and needs long and short term strategies. Political
intervention and excessive media circus are to be avoided. Modern IT developments
should be made use of for the citizen participation when almost every citizen is in
possession of a mobile with commuter centers even in villages. Witness protection
and inducements offered to be streamlined and modernized. Assets and liabilities
declaration to be extended to all government servants irrespective of the grade and
self-funded provincial offices are to be set up to decentralize the system. Officers

should be given incentives and a proper training to be courteous and not to misuse
power as has been done during the previous Bribery Commissioner Ian
Wickramanayake who mainly went after small fish overlooking Sharks.
Impressment and fine should be increased and incentives are to be offered to citizens
and the honest government offices on detections. Government servants are privileged
with lot of perks and future stability with pension and similar benefits over other
employees. They should be educated on simple life devoid of extravagance and to live
within means. No lenience should be shown and the maximum imperative
punishments are to be given with no mercy for Bribe takers and those responsible for
corruption including inefficiently and slow in action in the government service. Citizens,
the Social Networks, NGOs, Civil Society Organizations Media and the Polity will have
to bear the major burden in the implementation of the National Programmed launched
by the Governance and the Opposition groups together.
(The writer is former Sri Lankan Ambassador to UAE and Israel)
Posted by Thavam