Combating corruption –Role of civil society

I was invited to make the keynote speech on ‘Citizens and CSO Role in Accountability and Governance’ by the Lanka Jathika Sarvodaya Shramadana Sangamaya, at its 67th Annual Conference held recently. This article is based on my speech. The Sarvodaya Sangamaya is the largest civil society, covering more than 15,000 villages for promotion of good governance devoid of violence.

1. Introduction

I was intrigued by a statement made by a Buddhist priest who took part in a dhamma discussion on a television channel on last full moon Poya day. This is what he said. “A person who goes to the market to buy coconut shakes all the coconuts in the shop and buys one single nut; he squashes all the mangoes and papayas in the shop and buys one single fruit. When goes to cast his vote, he does not do any shaking or squashing but votes for someone/party and says all our family members for generations have been green, blue or red and I followed the same. Then start cursing, blaming and lamenting over the party elected for 365 x 5 days.” How did I understand this? We, the members of civil society, do not understand our strength, our role and our rights. 

2. Institutional and legal provisions

There are actors, arrangements, acts, laws, regulations and institutions responsible for combating corruption. There are circulars issued on matters, starting from admission to Grade One of a school to buying a ship or an airplane. Every successive government has added to the existing legal arrangements, legislations and institutional structure to ensure transparency, accountability and governance. Parliamentary committees and presidential commissions/committees are being established. There is a host of agencies, courts, police, commissions and authorities. Opinion makers, whistleblowers, political parties, INGOs, national movements are abundant. Ours is the only country that elected a Government of Good Governance. 

Missing link

But corruption is rampant and growing faster than the pace of anti-corruption institutions. The missing element in the equation is actors outside the government – civil society – civil society inaction. When it comes to corruption, we, as civil society members, lament, curse, blame, find fault with, call names. But we have a tendency to feel that we are isolated, small, powerless, disorganised, not with adequate means and unable to do much to raise the voice or act against corruption. 

A few weeks ago, Sri Lanka’s Supreme Court issued a symbolic ruling that two powerful ex-presidents, a finance minister, two secretaries and two Central Bank governors were guilty of mishandling the economy. The verdict was the result of two petitions filed by corruption watchdog Transparency International Sri Lanka and a few civil society activists. This exhibits that civil society can and has a role to play much more than one thinks against corruption-related actions committed by a person/persons of however much powerful.

3. Importance of civil society

The contribution of civil society organisations (CSOs) ranges from awareness-raising, conducting prevention campaigns to participation in policy formation and monitoring of the implementation. The CSOs are especially engaged in empowering citizens and exerting pressure on governments. Such interventions are crucial in a mission of combating corruption, for building capacity and supporting institutional reform.

In recent years, there have been calls for strengthening the framework for participation of civil society. Right to civil society participation in the policymaking processes is recognised internationally.

a) In 2014, the UN Human Rights Council adopted a resolution stressing this issue and tasked to develop a study to highlight best practices and recommendations for further action. The study states that public participation includes the right to be consulted at each phase of legislative drafting and policymaking, to voice opinions and criticism and to submit proposals aimed at improving the functioning and inclusivity of all
state bodies.

b) Civil society participation in public affairs is integrated into Article 25 of the International Covenant on Civil and Political Rights. Office of the United Nations High Commissioner for Human Rights (OHCHR) has issued implementation guidance for countries. 

c) 2030 Agenda for Sustainable Development recognises that progress in promoting sustainable development requires strong partnerships across society. Goal 16 aligns with the broader human rights framework. The reduction of corruption and bribery (Goal 16.5) and development of effective, accountable and transparent institutions (Goal 16.6) have been bundled with ensuring responsive, inclusive, participatory and representative decision-making (Goal 16.7) – anti-corruption efforts cannot be successful without meaningful participation.

d) The UN Convention against Corruption (UNCAC) has long recognised the role of civil society in combating corruption by calling on governments to increase transparency, improve public access to information and promote public contributions to government decision-making processes.

e) In the words of Peter Eigen, Co-Founder of Transparency International, only an effective coalition of state, business and civil society can bring transparency and accountability to governance – not only to fight corruption but other ills of globalisation too, including injustice and inequity, poverty, violence, conflict, environmental destruction and
climate change.

f) The right for peaceful protest and freedom of expression is enshrined in Sri Lankan constitution. The Right to Information Act, Anti-Corruption Act, etc. are parts and parcel of the constitution.

4. Which side of fence does civil society stand? 

According to the circulars issued on school admission, proof of residence within close proximity is well known. It is so well known that parents start preparing forged documents since the day a child is conceived. The result is passing bribes in cash, kind and sexual favours, depriving admission to genuine children residing within the approved limits. Does civil society stand with corruption or opposite of the fence?

I treat public sector employees as an integral part of civil society. They are educated, made men of worth with public funds. Their remuneration, cost of training and welfare before and after retirement, all are looked after by civil society. Their dedication, commitment and service readiness matter a great deal to civil society. Public servants get various concessions and perks such as medical (sick) leave, free holiday railway warrant, etc. Public servants obtain medical leave on the pretext of being ill and take a holiday warrant and go to cool climes with the family on a holiday. The public who comes seeking his service is sent back empty handed with disappointment.  As we all know, the partially successful ‘Aragalaya’ was launched against corruption, corrupt practices and a corrupt lot. During the Aragalaya period, I went to the Water Supply Board branch near where I reside to make a payment to get the water meter shifted. I was asked to stand in a queue. As I reached the counter to make the payment, the officer said that I must go to the other counter and get a voucher. So, I joined the second queue. I got the voucher and rejoined the first queue. As I reached the counter, the officer said that they are closing, as they all have to go to Gota-Go-Gama to protest against the corrupt lot.
I was nonplus.

Civil society is represented by 225 elected and nominated honourable Members of Parliament. There are watchdog committees to inquire into wrongful irregular actions committed by public institutions. The Committee on Public Enterprises (COPE) and Committee on Public Accounts (COPA) are prominent. We, civil society, were watching and reading the proceedings of these committees on print, electronic and social media, with spontaneous sounds of ‘oohs’ ‘aahs’ ‘woohoo’ and ‘oops’. Unfortunately, we, in civil society, are deprived for such details after the COPE chairman sealed his lips with the index (second) finger. 

Civil society is the loser of the intended benefit of a government policy/programme. Recent news items appeared in the media about the deteriorated quality and standards of gas cylinders, causing several deaths, accidents and injuries to the public. Few weeks earlier, it was reported that a schoolgirl after celebrating her sixth birthday with teachers and her classmates ended her life having a washbasin fallen off on her. The basin was not properly fixed to the wall. Someone in the process has pocketed part of the money allocated by the ministry. It is civil society at the receiving end of such tragedies caused by inapt corrupt mean actions of the public servants. 

With lack of vigilance and being indifferent for corruption and governance, civil society stands on both sides of the fence and commemorates another Anti-Corruption Day with these sentiments. We, civil society, are running with the hare and hunting
with the hounds. 

(Chandrasena Maliyadde, former Secretary of the Plan Implementation Ministry, can be reached at [email protected])