The need for the legislation on the declaration of assets and liabilities to be more strengthened and effectively implemented was stressed by the panelists who participated in the Sambhashana discussion organised by Transparency International Sri Lanka (TISL).
It was also pointed out that civil society should show more interest and be more active in seeing that the legislation is put into operation more efficiently.
The discussion held at the J R Jayewardene Centre was on the theme ‘Assets, Liabilities and Politics’. The moderator was PAFFREL Executive Director, Rohana Hettiaratchi.
Describing the legislation on assets and liabilities as one of the most powerful Acts passed by Parliament, ‘Ravaya’ chief editor Victor Ivan said that it is also true that the political outfit and the anti-corruption movements showed the least interest in this legislation.
Even though the legislation relating to assets and liabilities was in existence even prior to 1988, it was President Premadasa who brought in more teeth into the legislation. Even the President has to declare assets when he or she is contesting the Presidency for a second term, he pointed out.
Calling he assets declaration law as one “which is not taken much note of”, he said that although public officials declare their assets, it’s seldom that those who wield power like the politicians, trade union officials and media personnel do not do so. To him the real power behind this law is not the mere declaration of assets but when the public demands the declarations and critically examine them. He felt this law has conferred on the citizens the right to information in a very effective manner.
Elaborating further, he said that the assets law has made the declaration of wrong information and hiding facts an offence. Before the Assets law was revised the public had the right to go to courts if authorities refused to divulge the declarations. This has now been given over to the Bribery Commission.
He stressed that in drafting legislation what is more important is not to see how one would try to evade the law but how everyone should be brought under the law.
Pointing out that society does not show much interest in understanding the assets and liabilities law, he said that neither are the politicians, intellectuals and those who speak against corruption worried about it. This is not being discussed even in Parliament.
Emphasising that corruption cannot be restricted to politics he said that it is operative at all levels. If assets and liabilities have to be declared and made public, those who indulge in corrupt practices will be discouraged to do so.
Member of the Western Provincial Council, Udaya Gammanpila said that there is a need for a broader discussion on the Assets law.
Pointing out that there are several loopholes in the current Assets law, he said that this law is in operation because of fear of punishment. When the process of punishment is not implemented properly, the law then becomes redundant. Although the law provides for one who does not declare his assets liable to a fine of Rs 10,000, over the past 36 years he has not heard of anyone who had been fined. No on shows any interest in declaring their assets because they know for certain that nothing will happen if they don’t do so.
He also reiterated the need for a mechanism for the public to know the assets declared by those who have to do so.
Professor K Karunatilleka of the Sociology Department of the Kelaniya University termed it a crime if an official does not carry out his duties properly or uses his powers arbitrarily. Pointing out that the laws in our country are not strong enough to tackle such matters, he said that there is a need to strengthen the law. The assets law needs strengthening, he stressed.