This commitment requires Sri Lanka to ensure compliance with UNCAC. Compliance status of the mandatory provisions are as follows:
Article 13- Participation of society
No compliance update present
Article 13.1 Take measures to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption.
Commission to Investigate Allegations of Bribery or Corruption (CIABOC)
• Freedom of expression is recognized Constitutionally (article 14). And the Right to Information framework is in place.
• CIABOC has involved civil society in some of their projects. For example, the consultations with Transparency International Sri Lanka (TISL) and Law and Society Trust on proposed amendments to Asset Declarations and Liabilities Act. There are significant amendments that civil society was not consulted. For example, per the Country Review Report under the Second Review Cycle amendments to the Bribery Act No. 11 of 1954 and the CIABOC Act No. 19 of 1994 have been proposed. Civil society was not consulted for this.
• There were instances when the Country Review Reports of UNCAC noted that civil society was consulted, but their input was not incorporated.
• CIABOC has had consultations with the public on the development of the National Action Plan in 2018.
National Action Plan for combating Bribery and Corruption 2019-2023 provides measures to raise awareness among community leaders and civil society representatives as change agents. Further it proposes to review corruption-related laws in consultation with relevant stakeholders including CSOs.
But according to the section 34 (3) of the Bribery act, the commission of inquiry shall treat all information obtained by it with the strictest secrecy and shall not divulge such information to any person other than the Commission, the person in respect of whom the inquiry is held, or any attorney-at-law appearing for that person.
Link to National Action Plan for Combating Bribery and Corruption 2019 – 2023
Link to Constitution http://www.parliament.lk/files/pdf/constitution.pdf
Link to CIABOC website https://www.ciaboc.gov.lk/
Link to suggestions and proposals for the National Action Plan to Eradicate Corruption from Sri Lanka – https://www.ciaboc.gov.lk/contact/suggestions
Link to TISL CSO Global Forum on Asset Recovery Report on Sri Lanka http://www.tisrilanka.org/wp-content/uploads/2017/12/Sri-Lanka-Asset-Recovery-CSO-Report-final.pdf
Link to Country Review Report under the Second Review Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2018_09_03_Sri_Lanka_Final_Country_Report.pdf
Article 13. 2 Take measures to ensure that the relevant anti-corruption bodies are known to the public and shall provide access to such bodies for the reporting, including anonymously, of any incidents that may be considered to constitute an offence established in accordance with UNCAC.
Commission to Investigate Allegations of Bribery or Corruption (CIABOC), the National Authority for Victim and Witness Protection Authority
• Anyone can report corruption incidents to CIABOC by person and through telephone, website, email and general post. The CIABOC Act No. 19 of 1994 provides immunity from civil and criminal liability to such persons (section 9).
• The Assistance to and Protection of Victims of Crime and Witnesses Act further provides for the protection of reporting persons against any form of harassment.
Link to Commission to Investigate Allegations of Bribery and Corruption https://www.ciaboc.gov.lk/images/Publications/Commission_Act_english.pdf
Link to Assistance to and Protection of Victims of Crime and Witnesses Act http://srilankalaw.lk/YearWisePdf/2015/ASSISTANCE_TO_AND_PROTECTION_OF_VICTIMS_OF_CRIME_AND_WITNESSES_ACT,_No._4_OF_2015.pdf