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29th March 1998

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The fat of the matter

Government has announced through the state media that it intends con fiscating lands that have been "plundered" by ministers and others of the previous regime.

The Cabinet, it is said, has given serious consideration to this matter because it feels there is considerable public opinion that the imposition of civic disabilities is not an adequate response to the grabbing of state lands by senior politicians of the previous regime.

We cannot resist the temptation of saying that it is creditable for the government to be receptive to "public opinion."

This government seems to get galvanized into action and take public opinion into "serious consideration" only it provides an opportunity to have yet another shot at the opposition. The growing public opinion about reeking corruption under this Government does not seem to have been given "serious consideration"only for quite some time now.

Having said all that let's also say we welcome—and wholeheartedly support—the move to confiscate lands so plundered. Not only lands illegally obtained but also improperly—that is by abuse of public office, by undue influence, by bribery and corruption.

People in high office must know they are trustees when in office,that they are holding temporary office,that they are accountable to the people they represent during that period and they that can be punished for crimes against the people. One essential factor is that the inquiries into these misdeeds must be held by impartial persons —persons above a hint of suspicion that they might be performing their task to please the powers-that-be so that they themselves can benefit in some other way. There lies the problem.

The Government's record of implementing its election pledge to tackle bribery and corruption is a sorry precedent to go by. The permanent commission that was appointed with much fanfare has been castrated by this very government by the removal of state investigators and lawyers. Files against ruling party politicians have seemingly not been touched and a commission of Inquiry into this commission will one day show how it was manipulated by some self-serving, scheming public officers who believed they had the imprimatur of the highest to do as they wished. It was only when this commission began probing private secretaries to ministers, that it was castrated with the removal of police investigators and state lawyers.

Whatever commissions of this nature in the future therefore will need public confidence. At least one nominee must be by the Chief Justice and one by the Opposition Leader in consultation with the Parliamentary Opposition.

The Government's proposal must not be limited to the confiscation of land. It might even include a jail term. As drastic as that — but only if the inquiries are themselves not tainted. It must not only be limited to the confiscation of land for those lands grabbed but must also extend to the forfeiture of properties, custodial sentences and the like, some of which are already included in the Bribery and Corruption Commission laws against those incumbent public officers, including MPs.

On page 6 today we carry an interview with a former Secretary to the Justice Ministry who is now in the Berlin based Transparency International. There is a new global trend towards transparency and accountability in public office, that the World Bank, other lending institutions and donor countries are giving 'serious consideration' to corruption in third world countries like Sri Lanka.

They are asking why western companies must give kickbacks to third world leaders who in turn stack their wealth in Swiss accounts and buy properties in London and Paris when they are eventually booted or hounded out of their countries.

The trend is extending towards offering - and acceptance - of a kickback being a criminal offence, so that not any more will third world leaders be able to do the dirty things they do in tenders, privatisation programmes and the like. The properties in London and Paris they acquire by these illegal, improper methods are also liable for confiscation. Mobutu of Zaire was a recent example. We have had our pocket Mobutus — some are in the making and some others are dreaming of the day they can have a chance to cream off the fat of this land. The problem is there's very little fat left.


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