NATIONAL INTEGRITY ASSESSMENT SYSTEM NATIONAL ABOUT TISL Transparency International Sri Lanka (TISL) is a national Chapter of Transparency International (TI), the leading global movement against corruption. TISL commenced active operations at the end of 2002 and has since built a strong institution arduously fi ghting corruption in Sri Lanka. It functions as a self fi nancing, autonomous chapter of TI with its own strategic directions and priorities. Envisioning a nation that upholds integrity, TISL’s goal is to support the collective eff ort to eradicate corruption in order to build a future Sri Lanka which is equitable, Peaceful and just. TISL works closely with government departments in training public offi cials on good governance and anti-corruption tools. TISL will work in partnership with coalition and other likeminded organizations in all their interventions. SRI LANKA 2014 NATIONAL INTEGRITY SYSTEM ASSESSMENT SRI LANKA 2014 National Integrity System Assessment Sri Lanka 2014 NATIONAL INTEGRITY SYSTEM ASSESSMENT SRI LANKA 2014 Transparency International Sri Lanka 1 National Integrity System Assessment Sri Lanka 2014 NATIONAL INTEGRITY SYSTEM ASSESSMENT SRI LANKA 2014 ISBN: 978-955-1281-66-3 Published by Transparency International Sri Lanka, 2014 Transparency International Sri Lanka No 183/5, High level Road, Colombo 06 Tel (94) 114369781,114369782,114369783 Fax: ( 94) 112514588 Email: tisrilanka.org Web : www.tisrilanka.org Designed by Wakya Ru Printed by Karunarathne & Sons (Pvt) Ltd © Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of June 2014. Nevertheless, Transparency International Sri Lanka cannot accept responsibility for the consequences of its use for other purposes or in other contexts. 2 Transparency International Sri Lanka National Integrity System Assessment National Integrity System Assessment Sri Lanka 2014 Sri Lanka 2014 Table of Contents PREFACE 5 LIST OF TABLES, CHARTS & FIGURES 6 ABBREVIATIONS 7 BACKGROUND AND HISTORY OF THE NIS APPROACH 11 ABOUT THE NATIONAL INTEGRITY SYSTEM ASSESSMENT 11 ABOUT THE NIS UPDATE 14 NATIONAL INTEGRITY SYSTEM ASSESSMENT METHODOLOGY 15 SRI LANKA 2014 CONSULTATIVE APPROACH AND VALIDATION OF FINDINGS 16 ISBN: 978-955-1281-66-3 EXECUTIVE SUMMARY 19 Published by Transparency International Sri Lanka, 2014 INTRODUCTION 19 Transparency International Sri Lanka OVERVIEW OF PILLARS 2010 AND 2014 19 No 183/5, High level Road, Colombo 06 CORE RECOMMENDATIONS 23 Tel (94) 114369781,114369782,114369783 Fax: ( 94) 112514588 COUNTRY PROFILE 27 Email: tisrilanka.org Web : www.tisrilanka.org OVERALL SITUATION ANALYSIS 31 CORRUPTION PROFILE 37 Designed by Wakya Ru ANTI CORRUPTION LAWS AND ACTIVITIES 41 Printed by Karunarathne & Sons (Pvt) Ltd THE LEGISLATURE 43 © Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of June 2014. Nevertheless, Transparency International THE EXECUTIVE 57 Sri Lanka cannot accept responsibility for the consequences of its use for other purposes or in THE JUDICIARY 71 other contexts. PUBLIC SECTOR 87 LAW ENFORCEMENT AGENCIES 103 2 Transparency International Sri Lanka Transparency International Sri Lanka 3 National Integrity System Assessment Sri Lanka 2014 THE ELECTION COMMISSION 117 COMPLAINT MECHANISMS 131 THE AUDITOR GENERAL 147 ANTI-CORRUPTION COMMISSION 161 POLITICAL PARTIES 177 THE MEDIA 191 CIVIL SOCIETY 205 BUSINESS 221 CONCLUSION 239 4 Transparency International Sri Lanka National Integrity System Assessment National Integrity System Assessment Sri Lanka 2014 Sri Lanka 2014 THE ELECTION COMMISSION 117 COMPLAINT MECHANISMS 131 THE AUDITOR GENERAL 147 ANTI-CORRUPTION COMMISSION 161 POLITICAL PARTIES 177 PREFACE THE MEDIA 191 CIVIL SOCIETY 205 The National Integrity System (NIS) assessment is a concept introduced in 1990s by Transparency International to understand the governance system of a country. The BUSINESS 221 framework developed for assessment of the country’s integrity system has been applied CONCLUSION 239 over the years by many national chapters including the Transparency International national Chapters in the South Asian region and a regional report consolidating the integrity systems of the countries was launched recently in Kathmandu, Nepal. In Sri Lanka the first NIS report was published in 2011 having surveyed the 13 pillars of the integrity system of the country. It was a comprehensive report. The current report is an update of the 2011 report as there have been considerable changes in certain pillars during the last three years. Although 18th Amendment to the Constitution was introduced in 2010, its impact could be seen in the subsequent years. As indicated in the methodology section, the report relies more on qualitative data which were further reinforced with interviews. The findings help us understand the current level of governance of the country and also provide a basis for policy makers who are committed to good governance to address the existing weaknesses of the pillars. The report is a useful source of information for civil society activists in diverse areas of actions to embark on advocacy programs to put pressure for change. Many people have contributed in preparing this report. The assessment was principally done by Dr Maneesha Wanasinghe Pasqual and technical support came from Andrew McDevitt of the Transparency International Secretariat. The process was initially guided by an advisory group of eminent persons whose inputs were useful to maintain the quality of the report. Ms Sashee de Mel of TISL did the most challenging task of coordinating this work from the inception of assessment to launching of the report. All of them deserve a big thank from TISL. S Ranugge Executive Director 11 July 2014 4 Transparency International Sri Lanka Transparency International Sri Lanka 5 National Integrity System Assessment Sri Lanka 2014 LIST OF TABLES, CHARTS & FIGURES • Table 1 : Different Pillar Categories 13 • Table 2 : Pillar Dimensions and Indicators 14 • Table 3 : Sample Indicator 15 • Table 4 : NIS Advisory Group 16 • Table 5 : Normative Dimensions of Pillars 20 • Table 6 : Comparison of Integrity across Normative Dimensions 21 • Table 7 : Emerging Trends 24 • Table 8 : 2014 Pillar Performance 240 • Chart 1 : Gender Composition of Interviewees 17 • Figure 1 : National Integrity System 12 • Figure 2 : Structure of the UNP 179 • Figure 3 : Structure of the SLFP 181 6 Transparency International Sri Lanka National Integrity System Assessment National Integrity System Assessment Sri Lanka 2014 Sri Lanka 2014 LIST OF TABLES, CHARTS & FIGURES ABBREVIATIONS ADB Asia Development Bank • Table 1 : Different Pillar Categories 13 APFASL Association of Public Finance Accountants of Sri Lanka • Table 2 : Pillar Dimensions and Indicators 14 APG Asia/Pacific Group ASOSAI Asian Organization of Supreme Audit Institutions • Table 3 : Sample Indicator 15 ASP Assistant Superintendent of Police BIDTI Bandaranaike International of Diplomatic Training Institute • Table 4 : NIS Advisory Group 16 BOI Board of Investment • Table 5 : Normative Dimensions of Pillars 20 CAFFE Campaign for Free and Fair Elections CBO Community-Based Organizations • Table 6 : Comparison of Integrity across Normative Dimensions 21 CEB Ceylon Electricity Board CEDMHR Commission for Eliminating Discrimination & Monitoring of Human Rights • Table 7 : Emerging Trends 24 CHOGM Commonwealth Heads of Government Meeting • Table 8 : 2014 Pillar Performance 240 CIABOC The Commission to Investigate Allegations of Bribery or Corruption CID Central Intelligence Department • Chart 1 : Gender Composition of Interviewees 17 CIDTP Cruel, Inhuman or degrading Treatment of Punishment CPIA Country Policy and Institutional Assessment CIPFA Chartered Institute of Public Finance and Accountancy • Figure 1 : National Integrity System 12 CLA Commonwealth Lawyers Association • Figure 2 : Structure of the UNP 179 CLEA Commonwealth Legal Education Association CMJA Commonwealth Magistrates’ and Judges’ Association • Figure 3 : Structure of the SLFP 181 COPA Committee on Public Accounts COPE Committee on Public Enterprises CPA Centre for Policy Alternatives CPI Corruption Perception Index CPJ Committee to Protect Journalists 6 Transparency International Sri Lanka Transparency International Sri Lanka 7 National Integrity System Assessment Sri Lanka 2014 CSE Colombo Stock Exchange CSO Civil Society Organizations DG Director General DIG Deputy Inspector General DNA Democratic National Alliance EPF Employee provident fund ETF Employment Trust Fund EU European Union FUTA Federation of University Teachers’ Association GAP Government Accountability Project GDP Gross Domestic Product GOSL Government of Sri Lanka HRC Human Rights Commission HRTF Special Task Force on Human Rights IBAHRI International Bar Associations Human Rights Institute ICC International Coordinating Committee ICCPR Covenant on Civil and Political Rights IDP Internally Displaced People IGP Inspector General of Police INGO International Non Governmental Organizations IOI International Ombudsman Institute IOSCO International Organization of Securities Commissions ISA International Standards on Auditing JSC Judicial Service Commission JVP Janatha Vimukthi Peramuna KDU Kotelawala Defense University LLRC Lessons Learnt and Reconciliation Commission LTTE Liberation Tigers of Tamil Eelam MLA Mutual legal assistance MP Member of Parliament NCC National Cooperative Council