A – Preventing Corruption
1. The Assets Declarations of Ministers, Parliamentarians, Provincial Councillors and those heading government institutions that have entered into contracts of above a particular value should be made public. They should be uploaded on institutional websites within two weeks of laws / regulations to such effect being introduced.
I am aware that there may be some diffidence about this inasmuch as some Members of the government may not have declared their assets as required. The law/regulation should specify that no action will be taken with regard to such, provided the declaration is made available to be made public at the due date. They will also be requested to make declarations for each of the last five years.
2. A Commission should be empowered to go into these Declarations, and instituted investigations if the assets of any individual have grown disproportionately in the last five years.
The Thai concept of people being ‘unusually rich’ could be brought into play. The Public should be invited to provide information if there is reason to suspect inaccuracies in the declaration of assets. Such information should be investigated, with provision that assets not declared may be frozen, and confiscated if legitimate acquisition cannot be proved.
3. Individuals who hand over assets which they cannot prove were legitimately acquired may be given an amnesty, on condition of taking no part in public life for a specific period.
It could be argued that this is a form of impunity, but we should not engage in what could be perceived as witch hunts. Regaining for the country anything that has been plundered, and debarring further such activities for a fixed period, should be enough.
4. Any information provided by the public about inflated tenders, undue costs for contracts with national and international suppliers, acceptance of shoddy construction work or equipment supplied, should be investigated. Individuals handing over assets obtained improperly through such instances may be given an amnesty, on condition of taking no part in public life.
I would urge in particular that attention be paid to the information supplied by Mr Kodituwakku, formerly of the Customs, who had to flee the country because of threats against him arising from his outstanding integrity and efficiency.
5. Officials who felt obliged to acquiesce in abuses should be given impunity for the provision of information with regard to such matters. Provision should be made for such information to be given in confidence.
B – Promoting Responsiveness
- Consultation mechanisms should formally be set up at Grama Niladhari level, chaired by the GN but with clear responsibility for another official to maintain records and minutes and ensure follow up.
- The minutes of Grama Niladhari Level meetings, with decisions / action points noted, should be shared with the next level up of government. Responses must be conveyed to participants at GN level, along with the minutes, at the subsequent meeting.
- At Divisional Secretariat level, there should be coordination mechanisms for groups of subjects, such as Social Services and Women and Children, Education and Training, Agriculture and Irrigation, Forests and Wild Life, Health and Nutrition. Officials should work as a team, and ensure attention to all GN Divisions. Individuals can be given responsibility for particular GN Divisions, with the coordinating committee at DS level looking into all issues and providing feedback.
- There should be regular consultative meetings of department heads at Divisional level, chaired by the Divisional Secretary. To facilitate this, all government departments should treat the Division as the basic unit of administration. This will require restructuring of a few Departments, ie Education and the Police. This has been pledged in the manifesto of the President, and making the necessary structural changes will be simple, and can be swift if there is sufficient will.
- Regular discussions between the Divisional Secretary and the elected head of the Local Government Unit are necessary. Ideally the proposed Local Government Act will lay down specific responsibilities so overlap of responsibilities will be minimal, but coordination and agreement on priorities is essential. Making the Divisional Secretariat and the Local Government Unit (or Units) coterminous will facilitate coordination.
- All government officials must understand the need to respond promptly to requests from the people. They must also ensure that records are kept. Telephone commitments should be kept to a minimum, since these can be forgotten. Officers who delegate tasks must ensure that these are performed promptly.
C – Removing politics from recruitment
- All government institutions should have clear criteria with regard to recruitment, and such recruitment should be the responsibility of state officials, not politicians.
- All Ministries should have an Appeals Board to deal with allegations of unfairness in recruitment, to all institutions under the purview of the Ministry.
- Ministries should not issue lists of individuals from which recruitment is to be done.
- Politicians wishing to recommend individuals for employment should do so on the basis of qualifications and suitability. They should not mention loyalty to party as a qualification. Recommendations should be addressed to the appointing authority.
- Politicians and others who feel there was unfairness in recruitment procedures or decisions may bring these to the attention of the Minister, with a copy of the appeal to the Appeals Board.
- Ministers should not make recommendations for jobs which are within any institution under their purview. In case of alleged injustice, they should forward appeals to the appointing authority or the Appeals Board, and request a prompt report and remedial action if appropriate.
- Making appointments to boards or other bodies directly under the purview of the Minister should be in accordance with clear criteria. Where the Minister has discretionary powers, he should make clear the reasons for appointments where public funds are involved.
D – Limiting use of the Executive for political purposes
- Members of the Executive shall not use their offices or the equipment and services they are given for electoral purposes
- The personal staff of Ministers shall be limited to only such numbers as are essential for the fulfilment of their executive responsibilities. All such staff will be required to provide monthly reports on their productivity to the Secretary of the Ministry which pays their salaries.
- However, given the personal and political needs of all Parliamentarians, their personal staff may be increased as follows –
2 coordinating secretaries instead of 1
1 research officer as now
1 private secretary as now
2 drivers instead of 1
1 office aide as now 1
This gives them a total of 7 instead of 5.
They should also be given a vehicle for their use. This should take the place of the permits which are now readily abused.
4. The personal staff of Ministers should be reduced as follows, and they must all be expected to report to work in the Ministry unless the Minister had given them leave, as informed to the Secretary
1 private secretary as now
1 coordinating secretary instead of 2
1 public relations secretary
No media secretary, the work should be done by the Ministry media personnel, who should be selected in accordance with clear criteria
2 drivers, without provision for a driver for a back up vehicle. If needed, such a driver should be taken from the Ministry pool.
1 office aide instead of 2, since the Ministry staff can be allocated if needed.
2 management assistants instead of 5. At least one of those should be functional in the Official Language which is not that of the Minister. Any further assistance may be provided by regular Ministry staff.
This gives them a total of 8 instead of 13.
The Minister should have at most 2 vehicles. Personal staff should have at most 2 vehicles rather than the 5 that are now available.
The qualifications of all personal staff paid by government Ministries should be made known to the public, along with the responsibilities entrusted to them.
E – Restricting violence
- The LLRC lays down areas as to which it believes further investigation is required, and this should be undertaken promptly. A separate Commission should be appointed for this purpose, with international observers as with the IGEP that functioned for the Udalagama Commission.
- The work of the Disappearances Commission should be expedited, and action taken on its interim reports, which should be published at 3 month intervals.
- Provision should be made for gathering of further information to expand the work of both these Commissions. Information may be sought for this purpose from the ongoing UNHRC investigation.
- The report of the Udalagama Commission should be published and action taken on its findings.
- A Commission similar to the Udalagama Commission should be established to look into incidents of Disappearances in the post-war period, or others that occurred after the Commission was established, including the cases of Pattani Razak, Pradeep Ekneligoda and the FSP activists. Prosecutions should be instituted if sufficient evidence emerges.
- In fairness to the last government, since otherwise it would be assumed that excesses took place only under its watch, a fact finding Commission should be established with regard to incidents such as the killings of Wijedasa Liyanaarachchi, the JVP students in Ratnapura, Richard de Zoysa, those found in the Diyawanna Oya and Kumar Ponnambalam. It should be clear that judicial action will not be taken on such matters, and an amnesty will be given for incidents that occurred more than ten years ago, but government owes it to the people to establish the truth of what happened.
- A Commission should be appointed to investigate the relative impunity with which the LTTE operated, in particular the failure of Sri Lanka and the international community to prevent child conscription, arms acquisition, and the taking and use of hostages in the last stages of the conflict.