This commitment requires Sri Lanka to ensure compliance with UNCAC. Compliance status of the mandatory provisions are as follows:
Article 6 - Preventive anti-corruption body or bodies
No compliance update present
Article 6.1 Ensure the existence of bodies that prevent corruption by means such as:
(a) Implementing relevant policies referred to in UNCAC and overseeing and coordinating their implementation;
(b) Increasing and disseminating knowledge about prevention of corruption.
Commission to Investigate Allegations of Bribery or Corruption (CIABOC)
• Sri Lanka does not currently have a structured prevention plan.
• CIABOC is in the process of creating a dedicated prevention unit – this is included into the draft National Action Plan that is being formulated by CIABOC.
• The following are some steps that has been taken:
o In 2015, CIABOC adopted an anti-corruption strategy, “Seven Steps to Zero Tolerance”- together with a three-year implementation action plan, this is based on two pillars, i.e., enforcement and prevention.
o CIABOC organizes ad hoc training and awareness-raising activities.
National Action Plan for combating Bribery and Corruption 2019-2023 provides measures to make amendments to the Bribery Act No. 11 of 1954 in order to establish Corruption Prevention Division at CIABOC & to broaden CIABOC’s mandate to include prevention activities.
Link to National Action Plan for Combating Bribery and Corruption 2019 – 2023
English https://www.ciaboc.gov.lk/images/nap/NAP-Book-ENG.pdf
Sinhala https://sinhala.ciaboc.gov.lk/images/nap/NAP-Book-SIN.pdf
Tamil https://tamil.ciaboc.gov.lk/images/nap/NAP-Book-TAM.pdf
Link to the Country Review Report under Second Review Cycle http://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2018_09_03_Sri_Lanka_Final_Country_Report.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
Article 6.2 Grant bodies set up to prevent corruption the necessary independence, to enable those institutions to carry out their functions effectively and free from any undue influence.
Commission to Investigate Allegations of Bribery or Corruption (CIABOC)
CIABOC is established by Act No. 19 of 1994 and recognized as an independent commission to combat corruption through the 19th Amendment to the Constitution.
Appointment and removal of Director General is based on the discretion of the President, with consultation with the commissioners.
President’s decisions can be challenged under Article 126 of the Constitution.
Procedure for disciplinary control of Director General is unclear (though he is a public servant under the CIABOC Act No. 19 of 1994).
Investigators are recruited from Sri Lanka Police and CIABOC has no control over their administrative and disciplinary matters.
Steps taken for improvement:
A Cabinet Paper was submitted to the President on 15th September 2016 requesting Government approval to recruit and train 300 investigators for CIABOC.
Link to Constitution http://www.parliament.lk/files/pdf/constitution.pdf
Link to Commission to Investigate Allegations of Bribery or Corruption Act https://www.ciaboc.gov.lk/images/Publications/Commission_Act_english.pdf
Link to Anti-Corruption Agency Strengthening Initiative – Assessment of the Commission to Investigate Allegations of Bribery or Corruption, Sri Lanka, 2016 http://www.tisrilanka.org/works/anti-corruption-agency-strengthening-initiative-assessment-of-the-commission-to-investigate-allegations-of-bribery-or-corruption-sri-lanka-2016/
Link to the Country Review Report under Second Review Cycle h.ttp://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2018_09_03_Sri_Lanka_Final_Country_Report.pdf
Article 6.3 Inform the Secretary-General of UN the name and address of the authorities that may assist other States Parties in developing and implementing specific measures for the prevention of corruption.
Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Ministry of Foreign Affairs