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UNCAC Implementation

We will take measures to bring legal and administrative framework in line with UNCAC

Country: Sri Lanka

Status: ongoing

Themes: Uncategorised

Last updated: December 2020

Classification:

Concrete: Somewhat Concrete | New: Somewhat New | Ambitious: Somewhat Ambitious

  • 12 Evidence:

    President pledges to end corruption and irregularities in the public service

    A new Sports Act will be introduced for Sri Lanka; Sports Minister

    Summary of Changes Under the Proposed 20th Amendment

    TWENTIETH AMENDMENT TO THE CONSTITUTION

    More Information on the TI Sri Lanka Pledge tracker

    Link to National Action Plan for Combating Bribery and Corruption

    Link to the Country Review Report under Second Review Cycle

    Link to CIABOC website

    Link to suggestions and proposals for the National Action Plan to Eradicate Corruption from Sri Lanka

    Link to Establishment Code

    Link to Right to Information Act

    Link to the National Audit Act

  • 4 Notes:

    Relevant UNCAC Article: 5.1

    • President Rajapaksa pledges to end corruption – 29th July 2020 Whilst campaigning for the General Elections of August 2020, the President pledged to establish an efficient public service that would result in the ending of corruption. President Rajapaksa asserted that a public service dedicated for the people will be established by eliminating bribery, corruption, and irregularities.

    • A new Sports Act to be introduced - 24th August 2020 The recently appointed Minister of Sports, Namal Rajapaksa has stated that a new Sports Act is to be drafted. He stated that “Provisions on anti-corruption and bribery will be heavily featured in the new Sports Act,”.

    • National Policy Framework of the Government - Policy 2 is combating Corruption - 14th December 2019 In the Policy Framework that has been published by the Ministry of Finance, the second Policy aims to build an efficient country free of corruption. It highlights Sectoral Policies, strategies and activities that should be implemented to achieve this goal.

    Repealing of the 19th Amendment to the Constitution and the passage of the proposed 20th Amendment to the Constitution The proposed 20th Amendment to the Constitution makes several significant changes to the present Constitution, altering the balance of power in favour of the executive President and would have a negative impact on several independent commissions and the law making process, thus resulting in a regression of transparency and accountability.

    In relation to UNCAC, the most significant change would be the impact it has on corruption investigations and the oversight of public finance.

    As per Clause 54 of the proposed 20th Amendment the following is put to effect:

    1. Removes constitutional recognition for the Commission to Investigate Allegations of Bribery and Corruption.

    2. Removes Constitutional recognition for the Commission to Investigate Allegations of Bribery and Corruption Act, No 19 of 1994 until Parliament passes a new law.

    3. A future government can with a simple majority of Parliament abolish the 28 Commission to Investigate Allegations of Bribery and Corruption.

    The proposed Amendment also removes the Audit Service Commission and National Procurement commission which are key institutions intended to act as a check on public spending. By removing any mention of the Audit Service Commission, the proposed Amendment effectively renders the National Audit Act obsolete.

    Updated: October 31, 2020

    Of the 39 mandatory UNCAC Articles that are being monitored, 8 have been completed, 25 are underway and 6 are incomplete. As of the last 6 months, there have been 9 new developments that cover the thematic areas in the methodology, namely, Law Enforcement, Public Procurement and Whistleblower and Civil Society Space Protection. For more detailed, article by article information, please visit the national pledge tracker.

    Updated: April 30, 2020

    Out of the relevant UNCAC Articles that Transparency International Sri Lanka have identified as relevant to this commitment, 25 are currently underway, 8 are complete and 6 are incomplete (inactive).

    Updated: October 30, 2019

Sri Lanka's Commitments
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