Transparency International Sri Lanka (TISL) has formally requested information from multiple public authorities regarding the controversial procurement of coal for the Norochcholai Lakvijaya Power Plant. 

The move comes amid mounting public scrutiny, parliamentary inquiries, and allegations of irregularities in the tender process, coal quality, and oversight mechanisms. 

TISL’s intervention seeks certified documentation to clarify whether procurement standards were upheld, whether coal shipments met required specifications, and whether the process safeguarded public funds and accountability.

According to a TISL statement, the requests were submitted to key institutions involved in the procurement, oversight, and handling of coal shipments, including the Lanka Coal Company (LCC), Ministry of Energy, Ministry of Ports, Shipping and Aviation, and the National Procurement Commission. 

These requests seek to clarify accusations relating to the transparency of the tender process, procurement procedures, coal quality verification, financial transactions, and oversight mechanisms associated with the importation of coal. 

Concerns surrounding the coal procurement process have been widely reported and debated in recent months. In early 2025, it was reported that the Ministry of Energy would procure coal on behalf of the Lanka Coal Company, with amendments subsequently made to the bidding documents.

The amended tender was issued for the purchase of a large quantity of coal intended for electricity generation at the Norochcholai plant. However, the process has since attracted public scrutiny. 

Allegations were raised by political actors and civil society representatives regarding irregularities in the tender process, including claims that the tender submission period was shortened and that eligibility requirements may have been amended in ways that benefited particular suppliers.

Following the completion of the tender process in September 2025, further allegations emerged regarding the selected supplier and the quality of coal shipments supplied to Sri Lanka. It has been reported that multiple consignments of coal have already been delivered under the contract, with concerns raised about whether the coal supplied meets the required quality specifications. 

In January 2026, allegations surfaced that certain shipments were of inferior quality, prompting public debate about the potential financial and operational impact on electricity generation at the Norochcholai Power Plant. The Ministry of Energy later confirmed that an internal investigation had been initiated within the Ceylon Electricity Board, focusing primarily on operational and procedural issues related to document disclosures rather than the procurement process itself. 

The matter has since drawn the attention of several parliamentary oversight bodies. The Lanka Coal Company was summoned before the Parliamentary Sectoral Oversight Committee on Infrastructure and Strategic Development to provide clarification regarding coal shipments and quality assessments. Additionally, the Committee on Public Enterprises (COPE) has indicated that a comprehensive investigation will be conducted into the procurement process. 

In light of these developments, TISL seeks to obtain certified documentation relating to several critical aspects of the procurement process, including transparency of the tender process, evaluation and selection of the supplier, coal quality verification, financial transactions and penalties, oversight and investigations, and shipment and inspection records. 

TISL seeks to clarify whether the procurement adhered to established standards, whether quality verification procedures were properly followed, and whether any financial losses or risks to the electricity sector and the provision of public goods may have arisen. 

TISL therefore urges all relevant authorities to ensure timely and comprehensive disclosure of the requested information in accordance with the Right to Information Act. 

Stating that weaknesses in procurement oversight can undermine the effective use of public resources, the reliable provision of essential public goods and services, and accountability in governance, TISL called on the government to strengthen Sri Lanka’s public procurement framework, recognising that robust procurement systems are critical to safeguarding public funds and maintaining public trust. (Newswire)

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Transparency International Sri Lanka (TISL), together with Civil Society Organizations (CSOs) and activists, has expressed serious concern over the continued failure to appoint a permanent Auditor General, leaving the country’s supreme audit institution without stable leadership since April 2025.

In a joint statement, the groups warned that the delay undermines public trust, financial accountability, and robust oversight at a time when these are urgently needed. They stressed that the Auditor General’s office is a cornerstone of democratic governance, tasked with safeguarding public resources by independently auditing government expenditure and ensuring accountability.

The absence of a permanent appointment, they noted, weakens the authority and independence of the National Audit Office, creating space for inefficiency, mismanagement, and corruption. This concern is heightened as Sri Lanka responds to the impacts of Cyclone Ditwah, which has triggered emergency relief efforts and the mobilisation of significant public and external funds. Strong oversight, they said, is indispensable to ensure disaster-related resources are managed transparently and reach affected communities.

Since the retirement of the former Auditor General in April, the country has relied on short-term acting appointments. TISL and CSOs cautioned that repeated temporary extensions erode institutional independence and compromise the credibility of audit functions. They also highlighted that the delay comes at the end of the financial year, when public institutions are required to finalise accounts and submit audit reports, making the Auditor General’s role critical.

The statement pointed to political inertia and governance failure in the appointment process, raising questions about the government’s commitment to accountability. It called on the Constitutional Council to act decisively, ensuring that independent offices are filled through transparent, merit-based processes.

TISL and CSOs urged the adoption of clear, publicly articulated criteria for appointments to constitutionally independent offices, grounded in competence, integrity, and independence. They emphasized that restoring the full functioning of the Auditor General’s office is essential to upholding democratic accountability, protecting public resources, and rebuilding public trust in state institutions. (Newswire)

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Transparency International Sri Lanka (TISL) has expressed concern that the impact of Section 21 of the Public Financial Management Act (PFMA) No. 44 of 2024 compromises the financial and institutional independence of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Issuing a statement, TISL said Section 21 of the PFMA requires every budgetary entity to prepare and submit its budget estimates in line with the “budget call circular” issued by the Treasury. The section empowers the Ministry of Finance to set binding expenditure ceilings, issue detailed policy guidance, and include other instructions or information as deemed necessary by the Secretary to the Treasury.

Importantly, under the Anti-Corruption Act No. 9 of 2023, the CIABOC is mandated to submit its annual budget estimates directly to Parliament, in keeping with its status as an independent commission. However, the PFMA requires CIABOC to submit its budget through the Ministry of Finance, which will subsequently submit it as part of the annual budget to Parliament and requires approval for any investment programmes from the Ministry as well. This would represent a serious departure from the safeguards established in the Anti-Corruption Act, undermining CIABOC’s institutional and financial independence.

While the intention behind this provision may be to promote fiscal discipline and consistency across government entities, it poses serious risks to the independence and operational integrity of a vital oversight institution that must remain insulated from executive control in order to be fit for purpose. The United Nations Convention Against Corruption (UNCAC), to which Sri Lanka is a State Party, requires States to ensure that national anti-corruption agencies have the independence and resources necessary to perform their functions effectively (Articles 6 and 36), while the Jakarta Principles on Anti-Corruption Agencies clearly state that adequate, stable, and independent funding is essential to prevent undue influence and safeguard operational integrity.

CIABOC, as Sri Lanka’s apex anti-graft body, must be able to plan, allocate, and manage its financial resources independently to fulfil its mandate whilst being accountable to Parliament. The ability to determine priorities and strengthen institutional capacity depends on having predictable access to funds, free from external influence. Subjecting CIABOC’s budget to a Treasury-issued circular that imposes ceilings and prescriptive policy guidance effectively places the Commission’s financial autonomy under executive oversight. The implementation of section 21 of the PFMA in its current form risks contravening safeguards carefully set out by the Anti-Corruption Act. When the budgetary and operational flexibility of a body such as the CIABOC is constrained by ministerial directives, its capacity to act impartially and independently is inevitably weakened. This could have far-reaching implications for Sri Lanka’s anti-corruption agenda and the state’s commitment to good governance.

TISL further said that the introduction of reforms to improve management of public funds, such as the PFMA itself, should aim to reinforce, not restrict, the independence of institutions tasked with upholding financial integrity and combating corruption. TISL calls on the Executive branch of government to ensure that implementation of the Public Financial Management Act and all other laws do not undermine or erode safeguards built into the system intended to protect oversight bodies such as the CIABOC. The government must proceed with caution when new legislation intersects with the mandates of independent commissions.

The TISL pointed out that this development highlights yet again the greater need for openness and consultation in the lawmaking process, which remains woefully inadequate in Sri Lanka. More transparent and participatory legislative drafting is essential to ensure that reforms intended to strengthen governance do not inadvertently weaken institutional independence. (Newswire)

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Transparency International Sri Lanka (TISL) has welcomed the constructive response of the Attorney General and the government’s move to address the concerns raised in its petition on the Companies (Amendment) Bill.

The Speaker, Jagath Wickramaratne, endorsed the certificate on the Companies (Amendment) Bill yesterday, and accordingly, the Companies (Amendment) Act No. 12 of 2025 is now enacted.

Issuing a statement, the TISL welcomed the constructive response of the Attorney General to the concerns raised in its petition filed in the Supreme Court challenging the Bill to amend the Companies Act No. 07 of 2007.

The petition was filed in the public interest, seeking to ensure that the proposed legislative amendments uphold constitutional rights and beneficial ownership transparency.

TISL’s petition specifically contested Clause 7 of the Bill, which introduces Sections 130A–130J concerning the establishment of a Beneficial Ownership Information (BOI) register. 

Arguing that these provisions were inconsistent with the Right to Equal Protection of the Law and the Right of Access to Information, TISL raised concerns that the provisions are inadequate in promoting transparency and public accountability, as:

• Section 130A (6) – does not oblige the Registrar of Companies to maintain a proactive, digital publication of a BOI register in integration with other state databases.
• Section 130D – restricts public access to beneficial ownership information to only the full name and the nature and extent of ownership, and even that only upon formal request. 

At the Supreme Court hearing held on 23 June 2025, the Attorney General submitted that amendments would be made to address the concerns raised in the petition. 

Accordingly, at the second reading of the Bill, the government has undertaken to cause the following changes:

• Allow free public access, electronically or physically, to details of full names, including previous names, nationalities, countries of residence, business addresses, and the nature and extent of beneficial ownership of the owners of a company. 
• Any member of the public can obtain the said details as an authenticated copy from the Registrar of Companies by making an application and upon paying a prescribed fee.
• Any member of the public intending to obtain any further information set out in subsection (1) of 130A that is not publicly accessible may make an application for information in terms of the provisions of the Right to Information Act, No. 12 of 2016. 

Absence of public access to records of adequate, identifiable beneficial ownership details renders the beneficial ownership registry an ineffectual and meaningless mechanism, which is not fit for its intended purpose. Limiting the information available to the public inhibits the ability to sufficiently identify beneficial owners, especially in instances of name duplication and common names, thereby undermining the purpose of the Beneficial Ownership Register. 

TISL contended that such restriction of information, therefore, violates the Fundamental Right to equal protection of the Law and right to information guaranteed respectively under Articles 12(1) and 14A of the Constitution, whilst undermining the purpose of the Beneficial Ownership Register itself. Unrestricted access to a beneficial ownership registry while protecting rights also fosters and promotes ethical business practices. 

Expanding the scope of information accessible to the public beyond the mere full name of ownership significantly strengthens transparency and accountability. The establishment of a publicly accessible BOI register is a vital reform that enables the identification of individuals who ultimately own or control companies. 

TISL has called on the government and Registrar of Companies to ensure effective and meaningful implementation of this law which will significantly enhance corporate transparency and accountability in Sri Lanka, enabling effective detection and prevention of misuse of corporate structures for corruption, money laundering, illicit financial flows, conflicts of interest, tax evasion, potential money-laundering schemes, and abuse of power. (Newswire)

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Transparency International Sri Lanka (TISL) has filed legal action in the Supreme Court challenging the Bill to amend the Companies Act No. 07 of 2007. 

According to a TISL statement, the petition was filed in the public interest last week (19 June).

Pointing out that the amendment introduces a critical anti-corruption tool, a Beneficial Ownership Information (BOI) register, TISL contends that beneficial ownership of a company is a national security imperative, in as much as, anonymous or opaque corporate structures are frequently used for transnational illicit financial flows, funding of organized crime and terrorism, fronts for foreign influence operations, and laundering proceeds of crime. A BOI register ensures that companies disclose the individuals who ultimately own or control them, thereby exposing hidden ownership structures that facilitate corruption, money laundering, illicit financial flows, conflicts of interest and tax evasion. This reform has been a long-standing demand of TISL and is central to Sri Lanka’s post-crisis governance agenda, which aims to restore public trust and economic stability.

TISL further states that despite the importance of this, the draft Bill falls short of establishing an effective and transparent BOI register. Clause 7 of the Bill, which adds Sections 130A–130J on BOI, restricts public access to meaningful information.

• Section 130A(6) merely obliges the Registrar to maintain a list, without mandating proactive, digital publication or integration with other state databases.
• Section 130D limits public access to only the full name and nature of ownership, and even that is released solely on an individual, upon-request basis.

TISL further notes that this structure locks vital BOI behind cumbersome procedures, delays access and deprives investigators, journalists and the public of timely data. The limited information required to be disclosed at the outset is insufficient for the meaningful identification of hidden assets, conflicts of interest, and other potential unlawful activity.

The government has officially pledged, in the Governance Action Plan 2025 and the CIABOC National Anti-Corruption Action Plan 2025–2029, to establish a publicly accessible online BOI register. By opting instead for a request-driven, partial-information model, the Bill contradicts those commitments and weakens Sri Lanka’s credibility, it said. Ineffective access also conflicts with international standards, and the IMF Governance Diagnostic Assessment (2023), both of which call for open, verifiable BOI registers. It prevents Obliged Entities such as banks, law firms, accountants, auditors, real-estate agents, etc. access to vital information to enhance anti-money laundering efforts.

TISL emphasized that time is critical in asset recovery, fraud detection, and the prevention of asset dissipation. Watchdogs, journalists and Authorities must be able to trace, flag, and freeze assets swiftly. While the incorporation of the Right to Information framework is recognised, the proactive disclosure of key information at the outset, while being mindful of data protection and privacy laws, is essential to enable the timely detection of illegal activity.

Filing its petition, TISL has requested the Supreme Court to determine that Clause 7 of the Bill is inconsistent with, and/or violates Article 12(1) and Article 14A of the Constitution that enshrines the Right to Equal Protection of the Law and Right of Access to Information. (Newswire)

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Transparency International Sri Lanka (TISL) has welcomed the introduction of a new Structural Benchmark in the IMF’s Third Review Agreement, which it states addressed gaps in implementing the Asset Declarations system under the Anti-Corruption Act of 2023. 

Issuing a statement, TISL said this is a significant step toward ensuring public access to asset declarations, a long-standing reform for which it has strongly advocated.

The benchmark requires the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) to remove excessive redactions, disclose bank balances and other asset values, improve accessibility, publish non-filers’ names, include Beneficial Ownership details in declaration forms, and enact a comprehensive Asset Recovery Law in line with UNCAC obligations. 

While this progress is welcome, TISL said it highlights a broader concern, as government institutions often prioritize procedural compliance over meaningful reform.

Weak governance and corruption were key contributors to Sri Lanka’s economic collapse, yet accountability remains lacking when governance-related commitments are not effectively implemented. Critical transparency and anti-corruption reforms risk being delayed or diluted without structured oversight and meaningful public engagement.

Pointing out that without genuine public participation, governance reforms risk becoming ineffective, TISL has called on the government to establish a structured, transparent mechanism for civil society engagement in governance reforms, particularly within International Financial Institution led programs such as the IMF agreement. 

This mechanism must go beyond ad-hoc consultations and ensure that reforms are developed, implemented, and monitored with input from the public and civil society organizations, reflecting real-world challenges and needs. An open, participatory approach will not only strengthen reform outcomes but also build public trust in the process, it said.

TISL further urged International Financial Institutions to institutionalize civil society participation, ensuring governance reforms are not reduced to box-ticking exercises. Just as macroeconomic targets are rigorously assessed, governance commitments must be subject to the same level of scrutiny.

Upcoming reforms on proceeds of crime, public procurement, and beneficial ownership transparency must be implemented in ways that guarantee genuine progress. TISL emphasized that the strength of Sri Lanka’s economic recovery will not be determined by financial restructuring alone but by its commitment to accountability, open governance, and the rule of law. (Newswire)

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Transparency International Sri Lanka (TISL) says it has deployed approximately 160 election observers across all districts to monitor the misuse of public resources during the General Election 2024. 

TISL said since October 14, it has received 70 complaints, with many related to new appointments made in public institutions.

“We have received information about a contesting candidate being appointed to a public service position. A formal complaint was lodged with the Election Commission regarding this. We are closely monitoring the new ruling party for any misuse of public resources during its election campaign. Several new governors, ministry secretaries, and chairpersons have been appointed by the interim government, and some may have political affiliations. We remind them to respect election laws, especially as stewards of public property. In the previous election, we saw significant misuse of power and public vehicles by governors for political purposes,” said Thushanie Kandilpana, National Coordinator of the Programme for the Protection of Public Resources (PPPR) at TISL.

Addressing a media conference this week (Oct 23), Kandilpana noted that during the previous Presidential Election, TISL received 117 complaints involving public officials, and the Election Commission subsequently removed over 40 of them from election duties.

TISL received more than 1,000 complaints of public resource misuse in the last election, and investigations into several of these cases are ongoing. “For example, Lanka Mineral Sands Ltd. hired 47 individuals during the Presidential Election period, exceeding the necessary cadre. We are currently following up on this complaint with the Ministry of Industries, and we will not hesitate to initiate legal action if it is not properly addressed,” Kandilpana added.

Gowriswaran Kirupairajah, Senior Programme Manager at TISL, urged citizens to report any misuse of public resources during the election with evidence. Complaints can be submitted via the website www.apesalli.lk, through the hotline at 076 322 3442 (WhatsApp available), or by fax at 011 286 5777. Verified complaints will be forwarded to the Election Commission for further action.

Also addressing the media, Shaveendra Senarath, Programme Manager for the Political Sector at TISL, announced that, in collaboration with other election monitoring organizations, TISL will monitor campaign finance for the General Election and make the information publicly available through www.chandasallimeetare.lk. (Newswire)

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Transparency International Sri Lanka (TISL) has filed a legal action at the Supreme Court challenging the Bill issued on 06th August 2024 to amend the Companies Act No. 07 of 2007. 

Issuing a statement, TISL said the amendment introduced a much-needed anti-corruption tool to Sri Lanka’s legal framework – a Beneficial Ownership register. A publicly accessible beneficial ownership register creates a legal requirement for companies to disclose the identities of individuals who ultimately own or effectively control them and benefit from their returns. This transparency is crucial in combating corruption, conflicts of interest for public officials, money laundering, and terrorist financing, as it enables the tracing and exposure of hidden financial activities and illicit enrichment. Beneficial ownership registries are also vital for the effective implementation of crucial laws such as the upcoming Proceeds of Crime Act. 

Despite this welcome introduction, there are serious concerns over the efficacy of such a register, given how the Bill is drafted. It is vital that the Beneficial Ownership register is effective and transparent and not merely superficial. Without universal applicability, loopholes are created that undermine the entire purpose of the register. If certain companies are exempt or vital information is hidden, the register loses its effectiveness, allowing illegal activities to continue unchecked, thereby defeating the purpose of the objectives of the introduction of beneficial ownership law. 

Challenging the said serious concerns, TISL’s petition, filed last week (Sep 13) points out that Section 130A (10) of the Bill exempts Offshore Companies incorporated outside Sri Lanka and registered under the Companies Act or overseas companies registered under the Companies Act from disclosing beneficial ownership information, where such companies are required to comply with the beneficial ownership registration in the respective countries of incorporation.  

Exempting offshore and overseas companies from disclosing Beneficial Ownership information enables and encourages the establishment of shell companies (inactive companies created for fraudulent purposes such as money laundering), which are used as vehicles for corruption and illicit gain. 

Furthermore, this does not necessarily ensure that such overseas companies have registered in compliance with the Beneficial Ownership registration requirements in the respective countries. Moreover, such an exemption undermines transparency and increases the risk of conflicts of interest as Beneficial Ownership information is not widely available through the Registrar of Companies. Additionally, it requires less information from companies where the beneficial and legal owners differ, a distinction that has no reasonable connection to the internationally accepted purpose of beneficial ownership registration. TISL notes that this provision, not only undermines transparency and accountability but limits legal avenues available to prevent and deter corrupt business practices.  

The petition states that this exemption creates a discriminatory classification between offshore companies, overseas companies, and other local companies, violating the fundamental right to equal protection of the law (Article 12(1) of the Constitution, as only domestic companies are subjected to disclosure requirements. 

TISL further notes in the petition that Section 130D allows details of the beneficial owners of a company to be made available to the public, only upon a request for inspection by a member of the public, and the details of the beneficial owners of the company have been limited to their full names and the nature and extent of Beneficial Ownership of the company. 

Information relating to beneficial owners of a company should be publicly accessible to ensure the effective implementation of the registry. Proactive disclosure of the beneficial owners of companies will not only reduce the risk of corruption but will also promote fair competition by revealing connections between companies that might otherwise be hidden. Beneficial Ownership transparency aids citizens, journalists and civil society to identify true owners of companies whereby the risk of exposure deters illegal activities. Additionally, it helps improve investor confidence by ensuring that companies are operating transparently and helps licit businesses avoid unknowingly engaging in fraudulent activity. 

In its petition, TISL also raises the concern that Article 14A of the Constitution – the Right to Access Information is hindered by this Bill. By limiting the disclosure of beneficial ownership details to only names and ownership extent, Section 130D fails to provide the public with sufficient information to exercise their right to access meaningful information. 

Both the Civil Society Governance Diagnostic Report of Sri Lanka and the IMF-supported Governance Diagnostic Assessment of Sri Lanka recommend to the government to implement a publicly accessible Beneficial Ownership registry. The IMF Governance Diagnostic recommendation to finalise and implement regulations to support the provision of beneficial ownership information as required by the Companies Act and to establish a public beneficial ownership registry is now converted to an actionable point in a Government Action Plan mandated in the most recent IMF review agreement that was signed in June 2024. 

The petition requests the Supreme Court to determine that Clause 7 of the Bill is inconsistent with, and/or violates, Article 12(1) and Article 14A of the Constitution that enshrines the Right to Equal Protection of the Law and Right of Access to Information, and therefore, for it to be passed into law only if approved by a two-thirds majority vote of all members of Parliament, as required by Article 84(2) of the Constitution. TISL has filed this petition in the public interest, naming the Attorney General as the respondent. (Newswire)

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Transparency International Sri Lanka (TISL) has highlighted that the Government’s recent pre-poll announcements on providing various subsidies and salary increments are a blatant and intentional violation of election laws.

Issuing a statement, TISL said in its role as an election watchdog that scrutinises the misuse of public resources for election propaganda during the Presidential Election 2024, it has found that the government has made several announcements with benefits for the state sector. 

The Government last week announced that the Cabinet had approved a 24-35 per cent salary increase for all public servants, together with a Rs. 25,000 Cost of Living Allowance, from January 2025. The public service cadre amounts to about 1.5 million in Sri Lanka and almost all of them are voters. 

In addition, it has promised a Rs. 12,000 Cost of Living Allowance for pensioners. Cabinet approval was also granted to provide a fuel subsidy for fisherfolk and a fertiliser subsidy for tea growers with effect from August 22. The minimum wage for plantation workers was also raised to Rs. 1,700 recently, TISL pointed out.  

The TISL said the Government has nowhere explained by what means it is going to raise the money for the recently announced subsidies and pay hikes. 

However, TISL notes that it is by no means against the provision of subsidies for the people or benefits for the public officers, but is against the timing of them. The law clearly states that any use of public resources in a manner that would directly or indirectly promote or harm a candidate is prohibited during the election period. 

TISL has filed a significant number of complaints with the Election Commission regarding these pressing issues. As of Friday, August 23, TISL has submitted over 80 complaints concerning allegations of misuse of public resources. It is reported that a considerable number of such violative activities have been addressed by the Commission’s intervention. TISL commended the Commission for taking swift action.

TISL said, however, it is deeply concerned by the rising number of complaints on misuse of public resources and the abuse of power to promote certain candidates as the country approaches a crucial Presidential Election. Such actions constitute clear violations of election laws and the guidelines outlined in CIRCULARS/GAZETTES 2394/56 of the Election Commission.

TISL has strongly urged the Election Commission of Sri Lanka to take swift and stringent measures to curb practices that undermine the integrity of a free and fair election. 

The continuation of such activities by the current government under the incumbent President, who is also a presidential candidate, represents a blatant misuse of executive powers for personal political gain, TISL said, while it unequivocally condemned all actions, which disrupt the equal playing field among the candidates.

TISL further said that any actions that violate the election laws during a crucial election period compromise the citizens’ right to vote freely and independently, thereby, distorting the democratic process. 

TISL has called for immediate and concrete action to restore electoral fairness and uphold democratic principles. (Newswire)

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Transparency International Sri Lanka (TISL) filed a fundamental rights petition in the Supreme Court on Tuesday (July 30) calling for action against the procedural violations and abuse of public trust by officials in the procurement of private entities to handle the Electronic Travel Authorization (ETA) system for the issuance of visas for tourists visiting Sri Lanka. 

Issuing a statement, TISL said this matter was filed in the public interest, considering the lack of transparency and non-adherence to guidelines in the decision-making and procurement processes that impact the tourism industry, the national economy and national security. 

The Petitioners argue that the fundamental rights of the citizens to equality and the right to information, as guaranteed under the Constitution under Articles 12(1) and 14A, have been violated through the actions and inactions of the respondents.

Among the respondents named in the petition are the Minister of Public Security, the Controller General of Immigration, the Sri Lanka Tourism Development Authority, GBS Technology Services & IVS Global- FZCO, VFS VF Worldwide Holdings LTD, the Cabinet of Sri Lanka and the Attorney General. 

The petition lists several key issues that have led to the current concerns:

1. The improper and irregular selection of private entities as authorized representatives for issuing visas.
2. Entering into agreements with private parties in a manner that could lead to severe financial losses and damage to the tourism sector.
3. An incident at the Bandaranaike International Airport in May 2024 highlighted the problematic appointment of private entities for visa processing.
4. The existing partnership with Mobitel (Pvt) Limited from 2012 ran smoothly without an occurrence of major breakdowns, negative publicity, data breaches or other complaints.
5. Mobitel (Pvt) Limited tendering proposals for the improvement of the ETA system in August 2023 with no cost to the government.
6. Mobitel (Pvt) Limited tendering a proposal to provide the ETA platform services for USD 1 per application, in stark contrast to the USD 18.50 charged by GBS Technology Services & IVS Global- FZCO and VFS VF Worldwide Holdings LTD. 

According to TISL, the petition calls for the respondents to be held accountable for their illegal, arbitrary, and unreasonable acts or omissions in the procurement process. 

The new visa issuance system by global visa processing service, VFS Global and its charges came under the spotlight after a local passenger had raised concerns over the process, with the video of the incident being widely circulated on social media.

A probe launched by the Committee on Public Finance (CoPF) also found that VFS Global had been selected without calling for official bids.

The CoPF report presented in Parliament also reveals that this move had resulted in the Department of Immigration and Emigration losing out on receiving competitive rates for visa issuance. (Newswire)

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Transparency International Sri Lanka (TISL) filed a Fundamental Rights Application (SCFR/ 99/2024) at the Supreme Court on Tuesday (Apr 16), highlighting the serious ramifications on the health sector and the general public from the recent controversial procurement of medical supplies including human immunoglobulin (Human-IG).

Issuing a statement, TISL said the Cabinet of Ministers, the incumbent and former higher officials in the health sector, former Health Minister Keheliya Rambukwella, the companies involved in the controversial supplies of Human-IG, Treasury Secretary, Auditor General, Director General of Customs, Inspector General of Police, Members and Director General of CIABOC and the Attorney General are among the 66 Respondents named in the Petition. 

The FR application has been filed in the public interest, with the aim of seeking accountability for the misuse of public resources and the violation of fundamental rights of citizens.

The Petition requests the Court to declare that the purported decision of the Cabinet of Ministers and the health authorities to procure medical supplies from Isolez Biotech Pharma AG (Pvt) Ltd, Livealth BioPharma (Pvt) Ltd, Yaden International (Pvt) Ltd, Nandani Medical Laboratories (Pvt) Ltd, Divine Laboratories (Pvt) Ltd, Gulfic Biosciences Limited, Novachem Lanka (Pvt) Ltd and Slim Pharmaceuticals (Pvt) Ltd is wrongful, illegal, unlawful, null and void, and of no force or avail in law. 

Arguing that the actions or inactions of the Respondents amount to an infringement of the fundamental rights guaranteed under the Constitution, the Petitioners seek the intervention of the Court to review the issuance of Waivers of Registration in procuring medical supplies and direct the Respondents to comply with the procedural safeguards imposed by law, regulations and rules to ensure transparency in procurement. 

“It is evident that the alleged ‘emergency’ which prevailed in the healthcare sector was largely owing to mismanagement, giving rise to concerns as to whether such gross mismanagement is indicative of the machinations of individuals holding office in inter alia the Ministry of Health, who orchestrated the said emergency for ulterior motives,” the Petition states. 

This Petition is filed in addition to TISL’s ongoing Petition (SCFR/65/2023), which was filed in February 2023, in view of the glaring malpractices and disregard for compliance with the law when importing pharmaceuticals under the Indian Credit Line. 

TISL, in its latest FR Application, requests the Court to direct the Auditor General to conduct a special inquiry into the decision to procure medical supplies from medical suppliers to whom Waivers of Registration had been issued and compute the cost incurred by procuring medical supplies through them. 

In addition, it requests the Court to direct the Attorney General (AG) to commence prosecution of persons identified to have obtained financial or other benefits through the procurement of medical supplies through the use of Waivers of Registration. It further requests the Court to direct the AG to recover the costs incurred to the State or the public and seek compensation from the relevant parties mentioned in the Petition. (Newswire)

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Transparency International Sri Lanka (TISL) has raised concerns over the government’s conduct concerning the recently passed Online Safety Bill. 

Issuing a statement, TISL said “it was appalled by the outrageous conduct of the Government, Parliament, Attorney General and the Speaker on the Bill.”

TISL further said it is concerned over the signing off on a version of the Online Safety Act that does not contain several of the amendments required by the Supreme Court of Sri Lanka. 

The Online Safety Bill was passed in the Parliament of Sri Lanka on January 24, 2024, with a majority of MPs supporting the bill, despite the Opposition claiming that the amendments proposed were not consistent with the Supreme Court’s determination.

The Online Safety Bill was published in the Sri Lankan Government Gazette in September 2023, after which the Supreme Court of Sri Lanka determined that several provisions of the Bill were not consistent with the Constitution.

Thereafter, in October, the government agreed to revise the Bill in accordance with the Supreme Court’s determinations and presented the revised Bill to Parliament in January. 

Key objectives of the bill include establishing the Online Safety Commission, making provisions to prohibit online communication of certain statements of fact in Sri Lanka, preventing the use of online accounts and inauthentic online accounts for prohibited purposes, making provisions to identify and declare online locations used for prohibited purposes in Sri Lanka, and to suppress the financing and other support of communication of false statements of fact. (NewsWire)

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The Supreme Court of Sri Lanka today ruled that former President Gotabaya Rajapaksa and certain officials from his government are responsible for the economic crisis faced by Sri Lanka.

The court held that former President Gotabaya Rajapaksa, former Finance Ministers Mahinda and Basil Rajapaksa, former Central Bank Governor Ajith Nivad Cabraal and several others were responsible for the economic crisis.

The 5-judge Supreme Court bench gave a majority ruling that the above-mentioned Individuals are liable for the economic crisis, as they had mishandled the economy and violated the fundamental rights of the people.

Transparency International Sri Lanka (TISL) along with activists Chandra Jayaratne, Jehan Canagaretna and Julian Bolling filed the petition against the group in the public interest calling for action against persons responsible for the prevailing crisis in Sri Lanka.

Former President Gotabaya Rajapakse, former Finance Ministers Mahinda Rajapakse, Basil Rajapakse and Ali Sabry, the then Cabinet of Ministers, the Monetary Board of Sri Lanka, former Governors of the Central Bank W D Lakshman and Ajith Nivard Cabraal, former Secretary to the Treasury S R Attygala, former Secretary to the President P B Jayasundere, and Monetary Board member S S W Kumarasinghe were named as respondents in the petition.

At the time, the TISL also revealed that the Supreme Court had directed to include Monetary Board members Sanjeeva Jayawardena and Ranee Jayamaha, who also served before the economic crisis, as respondents in the application.

Last year, Sri Lanka grappled with its worst economic crisis since independence as US dollar shortages and shrinking reserves, together with an infamous organic fertiliser policy, led to crop failures and severe shortages of food and fuel. 

People took to the streets to protest, eventually forcing a change in leadership as the economy nearly came to a halt and inflation surged. The protests led to the resignation of former President Gotabaya Rajapaksa and long-term politician Ranil Wickremesinghe being appointed the new President. 

While there are signs of stability with food and fuel imports coming in and the IMF approving a US$3 billion loan, some economists say the current economic situation is nowhere close to pre-pandemic normalcy. (NewsWire)

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The proposed Anti-Corruption Bill contains several laudable provisions that seek to improve upon the existing anti-corruption legal framework in Sri Lanka, Transparency International Sri Lanka (TISL) stated. 

Issuing a statement, TISL noted that, however, two serious concerns in the proposed law, stating that it seeks to override all other written laws, which include the Right to Information Act. 

TISL also noted that Section 119 of the Bill, which refers to false allegations, appears to send a negative signal to citizens willing to come forward as informants and whistleblowers to report corruption.

TISL stated that the proposed Anti-Corruption Bill, which seeks to replace the Bribery Act (Chapter 26), the Commission to Investigate Allegations of Bribery or Corruption Act No. 19 of 1994, and the Declaration of Assets and Liabilities law No. 1 of 1975, has been gazetted and is expected to be tabled in the Parliament soon. 

This Bill was open for observations from different stakeholders including TISL and other civil society organizations, activists, and the public, and it now contains several laudable provisions that seek to improve upon the existing anti-corruption legal framework in Sri Lanka. 

Specifically recognizing sexual favors as a form of gratification, including private sector corruption, and corruption offences related to sporting events within its ambit, are important changes introduced in this Bill. The Bill also significantly increases fines that can be imposed for offences.  

Notably, some of the changes to the Declaration of Assets and Liabilities Law that anti-corruption activists including TISL have been advocating for a few years, have now been incorporated into this Bill. In the proposed asset declaration system, there will be a central authority (CIABOC – the Commission to Investigate Allegations of Bribery or Corruption) with which all the declarations of assets and liabilities will be filed. The asset declarations will be made publicly available through an electronic system, subject to the redaction of certain sensitive information. This electronic system will identify red flags regarding the illicit enrichment of the individuals to whom this law applies. The proposed law also requires the President to file their declaration of assets and liabilities, unlike the current law.  

However, TISL notes two serious concerns in the proposed law. It seeks to override all other written law, which includes the Right to Information Act. The proposed law contains sections that require officials of the CIABOC to sign oaths of secrecy and therefore, the disclosure of information by CIABOC under the new law will only be possible with special permission from the Commission. As such, the proposed law promotes a culture of secrecy by making access to information from the CIABOC more difficult and thereby negates the objective to “enhance transparency in governance,” as stated in the Bill. 

TISL also notes that Section 119 of the Bill, which refers to false allegations, appears to send a negative signal to citizens willing to come forward as informants and whistleblowers to report corruption. While the similar provision in the current law has not been misused targeting corruption fighters, this particular provision could become seriously counterproductive and dangerous in a context of a politically influenced public service, or in an adverse environment of stifled civic space, democratic deficits, weak governance or kleptocracy. As an organization that advocates for citizens’ freedom of expression, TISL believes that the proposed Bill should be more robust and progressive enough to encourage whistleblowers and citizens to come forward and report corruption without fear of repercussions while discouraging the corrupt.   

TISL further emphatically highlights that the law itself, on paper, cannot create or solve the plague of systemic corruption in Sri Lanka since the effectiveness of the law will entirely depend on its enforcement. For instance, the Bill provides for joint investigations and international cooperation, which will have no impact unless this is practically implemented. Under this Bill, the CIABOC is granted immense police powers, which provides adequate space for CIABOC to carry out its functions. TISL reiterates that the successful implementation of those functions depends on the level of independence the Commission is given, starting with the appointment of the Commission and the Director-General, the creation of an enabling environment where the commission and law enforcement officials are able to act without undue influence and intimidation, availability of resources including human resources, financial independence, and knowledge capacity. The mere passage of this Bill, despite its progressive portions, will not be able to address the issue of corruption in Sri Lanka until there is the political will to lead the country by example, a system change that includes a cultural shift where the people resist corruption even at the petty level, and a context that is conducive to the whistleblowers.   

Therefore, TISL calls upon the government, with the technical assistance of the International Monetary Fund (IMF) to rectify these concerns in the law forthwith, and further, to continue to engage with citizens, experts, and civil society, in order to adopt a holistic approach to achieve the envisaged goal of eradicating corruption in Sri Lanka. (NewsWire)

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The Supreme Court of Sri Lanka has granted leave to proceed with a case filed by Transparency International Sri Lanka (TISL) on the pharmaceuticals purchased under the Indian Credit Line.

Issuing a statement, TISL stated that the Fundamental Rights petition was filed stating that serious doubts have arisen regarding the quality, safety, and efficacy of the pharmaceuticals purchased under the Indian Credit Line from The Savorite Pharmaceuticals (Pvt) Limited.

The petition was filed against the steps taken by the Cabinet of Ministers, the Minister of Health, the Ministry of Health, and the National Medicines Regulatory Authority (NMRA) to procure medical supplies from two Indian private companies.

TISL further stated that while noting that serious doubts have arisen regarding the lawfulness of the impugned procurement transaction, Court granted two interim reliefs;

•      Suspension of further importation of pharmaceuticals pertaining to the decision without obtaining a further order from the Court after proving that the quality and safety requirements are satisfied, and the procurement is lawful.
•      Release for use the two consignments that have already reached Sri Lanka only after conducting necessary tests, and the NMRA expressing its independent decision assuring the safety, quality, and efficacy of the already imported pharmaceuticals.

TISL stated that this case, filed in the public interest, challenged among other things, the non-compliance with procurement guidelines including the emergency procurement process and abuse of process by the Minister of Health and the Chief Executive Officer of the NMRA.

In its petition, TISL alleges that the citizen’s fundamental right to equality (Article 12(1)) and the right of access to information (Article 14A) have been violated, along with serious disregard for the health, safety and well-being of the people and in total abuse of public trust and public funds.

The petition was heard before the Supreme Court bench comprising Justice Murdu N.B. Fernando, PC, Justice Yasantha Kodagoda, PC, and Justice Achala Wengappuli.

Senany Dayaratne, Attorney-at-Law appeared for the Petitioners with Attorneys-at-Law Nishadi Wickramasinghe, Sankhitha Gunaratne, and Lasanthika Hettiarachchi. Attorney-at-Law DSG Nirmalan Wigneswaran appeared for the Respondents except for the 45th and 46th Respondents. (NewsWire)

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Transparency International Sri Lanka (TISL) has welcomed the landmark determination of the Court of Appeal this week that affirms the order of the Right to Information Commission to disclose the requested information on the Declarations of Assets and Liabilities of Members of Parliament in Sri Lanka.  

Issuing a statement, TISL pointed out that in February 2021, the Right to Information (RTI) Commission in the matter of Chamara Sampath vs Parliament of Sri Lanka ordered that the Parliament should release immediately the list of Members of Parliament who have submitted their respective Declarations of Assets and Liabilities from 2010 to 2018. 

The Commission declared that the information requested is of high public importance and public interest given the need for accountability and transparency of elected representatives. It was also observed that the submission of Declarations of Assets and Liabilities by parliamentarians to the Speaker of the Parliament is a legal duty specially secured by the Declarations of Assets and Liabilities Law of 1975 (DALL), and as such, this information request relates to the carrying out of a legal duty by elected representatives, which must be released. 

The Parliament of Sri Lanka appealed against this decision of the RTI Commission to the Court of Appeal on 15 grounds, including the fact that the DALL should prevail over the Right to Information Act no. 12 of 2016 (RTI Act). The Court of Appeal has on the 28th of February 2023 determined that the order of the RTI Commission is affirmed. 

TISL further said in its statement,  that in a significant finding, the Court of Appeal has unequivocally held that the provisions of the RTI Act override the provisions of the Declaration of Assets and Liabilities law. The court decision further highlights that the purpose of enacting the asset declaration law and the RTI Act is similar in their purpose of combating corruption.

The RTI Act gives effect to the right of access to information enshrined in Article 14A of the Constitution of Sri Lanka in order to enable Sri Lankan citizens to “more fully participate in public life through combating corruption and promoting accountability and good governance”. The DALL also aims at “combating corruption in public life by compelling the persons to whom the Law shall apply to declare their assets and liabilities periodically”. It is emphasized here that the “Members of Parliament are persons who are elected by the people and maintained by the people. They are expected to abide by the laws of the country at all times and provide examples for others to follow…It is therefore important for the public to know whether the relevant authorities have acted as required by law or not. The only way to obtain that information would be by seeking the list of the names of the Members of Parliament who have provided their declarations under the RTI Act.” The decision further underscores that the RTI Act requires the public authority to consider the weight of “public interest” of the requested information, prior to denying access to certain information.  

TISL added that as Sri Lanka celebrates six years since its RTI Act was operationalized, it welcomes this decision of the Court of Appeal as the first of its kind in Sri Lanka which sets a significant precedent in terms of information disclosure in the public interest and the transparency in declarations of assets and liabilities of public representatives to combat corruption in Sri Lanka. (NewsWire)

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Transparency International Sri Lanka (TISL) has filed a petition against the steps taken by the Cabinet of Ministers, the Minister of Health, the Ministry of Health, and the National Medicines Regulatory Authority (NMRA) to procure medical supplies from two Indian private companies.

Issuing a statement, TISL stated that the fundamental rights petition was filed at the Supreme Court of Sri Lanka in the public interest yesterday, naming 47 Respondents.

The petition challenges the role of the cabinet of ministers in procuring medical supplies through unregistered private suppliers, the role of the NMRA in providing a Waiver of Registration to procure medical supplies from unregistered suppliers, non-compliance with procurement guidelines including the emergency procurement process, and abuse of process by the Minister of Health and the Chief Executive Officer of the NMRA.

In its petition, TISL alleges that the citizen’s fundamental right to equality (Article 12(1)) and the right of access to information (Article 14A) have been violated, along with serious disregard for the health, safety and well-being of the people and in total abuse of public trust and public funds. TISL seeks further information on these transactions.

The petition also seeks interim orders against the procurement based on this unsolicited proposal and the placing of any orders, approvals for Waiver of Registration of 38 drugs, importation of said drugs into Sri Lanka and, making payment for such drugs.

The Commission to Investigate Allegations of Bribery or Corruption, the Director-General of Customs, the Inspector-General of Police, Savorite Pharmaceuticals (Pvt) Limited, Kausikh Therapeutics (P) Limited and the Attorney-General are also named as Respondents in this petition.

TISL petition: https://bit.ly/3YUcKdj (NewsWire)

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