Countries at the Crossroads 2006 - Sri Lanka

(Scores are based on a scale of 0 to 7, with 0 representing weakest and 7 representing strongest performance.)

Introduction

For a small island nation, Sri Lanka has a remarkable amount of ethnic diversity and conflict. The Sinhalese are the largest ethnic group on the island. They comprise 74 percent of the population and are concentrated in the central and southwestern areas of the country. They claim to be the original civilized inhabitants of the island and speak the Sinhala language. Although there are some Christians among them, most profess the Buddhist religion. The Sri Lanka Tamils are the second-largest group, with about 12.7 percent of the population. They are descendants of early settlers in the island, speak Tamil, and are mostly Hindus. Although some live in large cities, they represent a majority in most of the northern and eastern parts of the island. Comprising 7.1 percent of the population, Muslims are descendants of early traders who settled and established commercial communities in coastal areas. Most speak Tamil. They live in strong concentrations along the eastern coast and in parts of the Sinhalese areas, especially in the larger cities. The final large ethnic group are the Indian Tamils who live primarily in the hill country of central Sri Lanka. They speak Tamil and most are Hindus. They differ from the Sri Lanka Tamils by their later arrival on the island, and they consider themselves culturally distinct. They are the descendants of workers brought from India by the British to work the tea and coffee estates in the nineteenth and early twentieth centuries. They comprise 5.5 percent of the population.

At independence, the dominant pre-independence political movement became the United National Party (UNP), which appealed primarily to the Sinhalese ethnic majority. The Tamils, who had been part of the independence movement with the founders of the UNP, formed their own party, the Tamil Congress. Both parties split in the 1950s, with a faction of the UNP, led by S.W.R.D. Bandaranaike, creating the Sri Lanka Freedom Party (SLFP). Growing unemployment among the youth and the failure of the government to resolve economic and social problems resulted in the development of youth movements among both the Sinhalese and the Tamils in the 1960s and 1970s. The Janatha Vimukthi Peramuna (JVP), among the Sinhalese, and the Liberation Tigers of Tamil Eelam (LTTE), among the Tamil youths, challenged the traditional political parties. The JVP, a Maoist party, led two bloody insurrections against the government, in 1971 and again in 1988-1989. The LTTE began attacking the government in the 1970s and militarily established their dominance among the other Tamil militant groups in the 1980s.

A series of Tamil grievances ultimately led to the LTTE insurrection against the government. These complaints included allegations of ethnic bias in university admissions, high unemployment among Tamil youths, allegations of a Sinhalese bias in the awarding of jobs and government programs, and a series of anti-Tamil riots from 1977 to 1983 that many Tamils believed the government allowed to happen. In 1984, the simmering conflict developed into open warfare between the LTTE and the government. Over the nearly 20 years of warfare, there were very few high level contacts between the warring sides. During the height of the conflict from 1985 until 2001, both sides freely attacked civilian targets. These abuses peaked in the period from 1990 to 1994, when thousands of Tamil civilians died or disappeared in eastern Sri Lanka alone. In response to international pressure, both sides reduced their attacks against civilians after the mid-1990s. In 2002, a ceasefire was achieved through Norwegian intervention. The ceasefire continued through 2005, in spite of distrust from both sides and the breakdown of negotiations for a permanent peace in early 2004.

Despite the war, Sri Lanka has been able to maintain a constitutional democracy. The current constitution, the third since independence from Great Britain in 1948, was created in 1978. It formed a quasi-presidential system in which the president's executive power rests on the consent of the parliament. As a result, the otherwise strong executive steps back from the head-of-government role during periods of cohabitation.

The 2001 general elections gave the UNP a small majority in parliament. Accordingly, President Chandrika Kumaratunga assumed the role of figurehead president after seven years as the head of government. Nevertheless, using constitutionally legal if questionable means, she took control of the Defense, Interior, and Mass Communication ministries on November 4, 2003, and ultimately called new elections in April 2004. The April elections resulted in a closely divided parliament, which allowed her alliance, as the largest winner of seats, to form a minority government. In September 2005, the government obtained a parliamentary majority when the Sri Lanka Muslim Congress joined the government.

Accountability and Public Voice – 4.27

The February 2002 ceasefire agreement between the government of Sri Lanka and the LTTE ended 18 years of war between the two sides; the agreement also divided Sri Lanka into two administrative areas – one controlled by the government of Sri Lanka and guided by the Sri Lankan constitution and one under the control of the rebel LTTE. Despite continuous problems with the democratic institutions of the north and east, the current situation is an improvement over the war years, when democracy barely functioned.

Fair electoral laws with universal and equal suffrage have survived the civil war; the country successfully held national parliamentary elections in April 2004 and a presidential election in November 2005. Despite continuing electoral violence, the 2004 parliamentary elections were not only relatively free and fair, but also the most peaceful since before the war began in the 1980s. The 2005 presidential elections, which resulted in a small victory for SLFP leader Mahinda Rajapakse over UNP candidate Ranil Wickremasinghe, were marred by an electoral boycott enforced by the LTTE in the north and east, but were otherwise relatively violence free.

While electoral violence declined in 2004, electoral fraud appeared to be a more serious concern. Sri Lankan voters are not required to produce their national identification cards in order to vote. In the absence of such verification, most major parties handed out polling cards of dead or missing voters to their supporters so that they could vote several times. This practice, particularly prevalent in the Muslim areas of Ampara, Batticaloa, and Trincomalee, has raised questions about the validity of election outcomes. The large number of displaced voters and polling stations clustered at border crossings helped make this easier in the former war zone areas of the north and east.

Moreover, evidence surfaced of LTTE intimidation of Tamil party candidates opposed to the LTTE in the north and east. Prior to the election, several attacks occurred resulting in the deaths of candidates and their supporters. Although the level of violence was lower than that in the Sinhalese areas of the country in the 2001 parliamentary elections, it nevertheless intimidated candidates and limited their freedom to campaign. In addition, many Muslim leaders in the 2004 elections established their residences and offices in the Sinhalese town of Ampara, which is outside the Muslim-populated areas of the district, because they feared violence from other Muslim parties.

Sri Lankan electoral laws prevent elections in areas that are not under the control of the Sri Lankan police. As a result, residents of areas under the control of the LTTE must travel to government territory to vote. Polling stations for these voters are placed at the border crossings between LTTE- and government-held territory. In the 2001 elections, the army at the border checkpoints refused to allow voters to cross over to vote. In the 2004 and 2005 elections, Tamil voters were allowed to pass through the border crossing.

Sri Lanka's quasi-presidential system does not separate powers between the three branches of government. The judiciary is largely controlled by the president, while the parliament, when it is controlled by the president's party, is a rubber stamp for the president. When it is controlled by a party other than that of the president, the parliament dominates the government and the prime minister becomes the executive power. Despite yielding much of her executive power, President Kumaratunga, when faced with a UNP parliamentary victory in the 2001 elections, retained control of the Defense Ministry and later asserted her authority to take control of several more ministries.

While Sri Lankan government functions reasonably well, the once-independent civil service of Sri Lanka has descended into a battleground of partisanship. Government politicians interfere with the appointment, transfer, and firing of public servants, and many bureaucrats avoid any action that might anger the governing party or supporters of opposition members who may ultimately come to power. Punishment for actions of which politicians disapprove is transfer to offices in unfavorable locations. During the civil war, this could mean being sent to government offices in the war zone.

Nongovernmental organizations (NGOs) in Sri Lanka have usually had ties to one of the political parties. This has resulted in a tense relationship between the government and NGOs associated with the opposition. The tension between domestic NGOs and the government has carried over to international NGOs, which are viewed with suspicion by many party leaders. Since the election of the UPFA government in 2004, the JVP and other Sinhalese nationalist supporters of the government have increased their efforts to limit and restrict NGOs. The nationalists fear that international and domestic NGOs with non-Buddhist ties are working to further Christianity or international forces and thus need to be controlled. So far, the NGOs have felt intimidated but continue to operate freely under current legislation.

Since the 1990s, the independent Center for Policy Alternatives has published reports on policy issues facing the government. Although interest groups have the ability to present reports to parliamentary committees, very few do, and there are doubts that legislators would take such reports into consideration.

In an ominous sign of the times, attacks against the media have increased since the election of the UPFA government in April 2004. Although legal and constitutional protection of the media and creative arts is strong, intimidation and attacks against the media have grown common. Beatings, arrests, police and army searches, and assassinations have become a typical feature of the post-April 2004 period. Some of the attacks have been part of the conflict between the LTTE and their opponents in the north and east, but many others have been aimed at the Sinhalese media or against Tamil media operating in the government areas. The 2005 attacks included the April 28, 2005, murder of English-language Daily Mirror journalist Dharmaretnam Sivaram "Taraki," the bombing of the Tamil-language Suderoli newspaper office in Colombo, the arrest of a Suderoli reporter gathering news, and an attack on the English-language Sunday Leader newspaper office in October. These attacks, as well as the beatings of other reporters, mostly believed to have been carried out by supporters of the government coalition, have intimidated many journalists.

Sri Lanka continues to have some of the strongest anti-slander and libel laws in the world. Any journalist or public figure must be very careful to avoid language that could result in prosecution and a large fine. In addition, the violence against journalists who do not agree with the government has led to an environment in which the government can dissuade them from writing critical reports. In 2005, the Sri Lankan military pressured filmmakers to cease production of antiwar or anti-military films.

In the 1970s, the Sri Lankan government took over the Lakehouse group of newspapers. Since that time, the Lakehouse group has presented the government line in its English, Tamil, and Sinhala publications. The impact of government control on the newspaper chain shows up in the ample placement of government and other advertising in the Lakehouse papers while private newspapers have very few advertisements to run.

Recommendations

• The government must require that voters present identification to vote in national elections in order to prevent voter impersonation.
• Effective action, such as stronger protective legislation, must be taken to protect the media from attacks, arrests, and detention.
• The government should gradually divest itself of media ownership and control.
• A nonpartisan civil service should be created in order to prevent political interference in government hiring, firing, and promotion.

Civil Liberties – 4.45

Although civil liberties have improved sharply since the early 1990s, Sri Lanka still has a serious problem with police beatings and torture. Human rights organizations have documented numerous cases of deaths of suspects in custody. For example, a recent report by the Hong Kong-based Asian Legal Resource Center (ALRC) documents more than 100 cases of torture, denial of basic rights to defendants, and murder of defendants by police. The report reinforces many others over the last two years documenting increased torture, murder, and denial of civil rights by the police and security forces. In recognition of human rights abuses by police and military personnel, the government increased training programs to teach service personnel proper interrogation techniques and how to protect the rights of detainees.

The judicial system maintains enough independence to prosecute suspects in the killings and beatings. Due to widespread intimidation of witnesses and victims, however, charges are often dismissed or dropped. There is a serious problem protecting witnesses who testify against police and security force personnel charged with human rights violations. Instances of threats and violence against them are numerous, especially in rape cases. A widely publicized case was the December 2004 murder of police torture victim Gerald Mervyn Perera, who died a few days before he was to testify in court. The court had already awarded him 1.7 million rupees (US$17,000). The police had failed to pay him the award, and he was returning to court to seek action to force the government to pay him the court-ordered settlement.

Another civil liberties concern is the series of attacks against unarmed Tamils in Batticaloa and Ampara districts in the east. Many of the attacks are carried out by the LTTE. However, a faction of the LTTE led by Colonel Vinayagamurthi Muralidharan, alias Karuna Amman, which split with the LTTE in March 2004, has carried out a war against the LTTE and may be responsible for some of the attacks. It has been rumored that the faction receives logistical assistance and protection from the Sri Lankan security forces, specifically the army. While there is no specific evidence linking the military to the Karuna group in many of the killings, Karuna did receive assistance from the army after fleeing the Batticaloa district in April 2004 when the LTTE attacked his forces. To date, few Karuna suspects have been arrested by the security forces in over 200 attacks against unarmed LTTE political officers, supporters, and offices in government-controlled areas. In the Sinhalese areas, numerous attacks by and against opposition supporters have taken place. Despite hundreds of incidents, few people have been arrested.

The Prevention of Terrorism Act (PTA), passed in 1979, allows suspects (in practice, mostly ethnic Tamils) to be held indefinitely without charges. Security forces are allowed to deny suspects access to attorneys or the opportunity to notify their relatives. Although the ceasefire agreement barred PTA arrests under the law, the courts have not yet cleared all of the cases of detainees. Some have been held for more than 10 years.

In 1960, Sri Lanka became the first nation in the world to elect a female prime minister. Despite this milestone, women still lack equal access to positions of power in Sri Lanka. The government has provided legal equality to women but has failed to uphold it in practice. Although the government has shown increasing awareness and sensitivity to sexual harassment in the past five years, sexual harassment laws enacted in 1995 have yet to show any impact. Despite a 2004 campaign to raise awareness of domestic violence, the nation still lacks legislation criminalizing the practice.

Women from Sri Lanka have faced serious employment problems in the Middle East and some Western countries; numerous instances of abuse and forced conscription into prostitution have been reported. While the government condemns publicized cases of trafficking in women, it has done little to protect its citizens or apply pressure on the governments of the countries where its citizens have been victimized. The government fears that if the question of sexual and physical abuse of its citizens is raised, the countries will restrict employment opportunities for Sri Lankan nationals. Related to this is a growing problem with the importation of Southeast Asian and Eastern European prostitutes into Sri Lanka. In some cases, the women are held against their will. The most that the Sri Lankan government has done has been to occasionally fine and deport the women while usually ignoring the source of the problem.

Sri Lanka also has a serious problem with child sexual abuse. The country has become a major destination for Western Europeans and North Americans who openly solicit and travel with young boys. While strong laws exist to protect children from sexual exploitation, the government has done very little to enforce those laws or discourage the sex tourists.

The Sri Lankan constitution provides for equality under the law for all ethnic, religious, and other groups in the country, and Sri Lankan governments have traditionally been very concerned with the needs of the poor. However, in practice, this equality has been an ideal rather than a reality. Most government jobs and development projects have been distributed on the basis of patronage, which discriminates against Tamils and Muslims in favor of governing-party supporters (who are almost always Sinhalese). As a result, ethnic minority groups have been denied equal representation in the civil service and in the receipt of development projects. Areas where minorities are in the majority do not receive a fair share of development projects and government jobs if they do not elect members of parliament (MPs) from the ruling party to parliament. In fact, the Sri Lankan civil war resulted primarily from Tamil complaints about discrimination in education, in government job hiring, and in development project placement. These problems continue to be points of tension between the government and the Tamils. Ethnic discrimination is barred by the constitution, but in practice, most employers do not hire members of ethnic communities other than their own. Further compounding the problem is the separation of the education system into Sinhalese and Tamil language schools, which results in unequal treatment and disproportionate Sinhalese representation in universities.

Of new concern is the emergence of a Sinhalese Buddhist nationalist movement that has been agitating for a change in the ceasefire agreement with the LTTE and for a law protecting Buddhism from Christian conversions. Supporters of the movement believe that it is a popular uprising in support of Buddhist rights, while opponents view it as a parochial response to the challenges of modernization. In any case, the nationalists proposed legislation that would bar so-called unethical conversions to any religion, requiring all converts to notify the government of their conversion or face arrest. In addition, those using "unethical" means to convert new members could face up to five years in prison. The law would make any Christian who helps a Buddhist convert to Christianity risk prosecution. Comprising about 8 percent of the population, Sri Lankan Christians have felt threatened by the proposed legislation. Although the cabinet approved the bill and sent it to parliament, the parliament has yet to act on it.

Related to the fear of Christian activity has been an increase in attacks against Christians and Christian churches. These attacks reached a peak at the end of 2003, with a total of 30 attacks by the end of January 2004. After this period of intensity, the attacks subsided in number but still continue. Nevertheless, the Sri Lankan government has usually avoided interfering in the affairs of the major religions of the country (Buddhism, Hinduism, Islam, and Christianity). All religions have traditionally been allowed to worship as they wish.

As far as other targeted groups are concerned, very little has been done to provide opportunities for people with disabilities. The high costs of providing disabled access to buildings, jobs, and education have so far discouraged efforts and rendered them unlikely to occur in the near future. In addition, penal code Section 365a criminalizes homosexual behavior. Although the anti-homosexual laws are not routinely enforced, they are often used as grounds to exact bribes or to threaten gays.

The rights of association and assembly traditionally have been supported in Sri Lanka. Demonstrations and trade union actions, although sometimes challenged by the police, are allowed, and processions are common. Nevertheless, police attacks against demonstrators have been numerous in the last two years. The demonstrations have reflected a wide array of political opinions ranging from leftists protesting the lack of jobs for university graduates to antiwar activists and groups demanding action against supposed forced conversions to Christianity. On numerous occasions police have claimed that the demonstrators became violent, while the demonstrators accuse the police of misbehavior.

The trade union movement has been hurt by the creation of trade unions by political parties to carry out party policy. When a party is in power, it benefits its trade unions and eliminates pressure from other unions. As a result, trade unions lose power and membership when "their" party is out of office and gain power and members when it is in office. Sri Lanka has strong legislation protecting the rights of workers to form trade unions and to strike. In reality, however, enforcement of union recognition laws is weak, union organizers are victimized, and strong action to prevent unions occurs in the free trade zones.

Recommendations

• Cases of those who have been arrested under the PTA and held without trial or charge should be examined expeditiously.
• The police and other security forces should continue to receive training on general human rights issues, particularly on acceptable interrogation techniques.
• A concerted effort should be made to investigate accusations of torture and of custodial rape or murder, and those responsible should be prosecuted.
• Adequate protection should be provided for witnesses in cases involving police and security force personnel.
• Current laws protecting worker rights to organize should be enforced in the general economy as well as in the free trade zones.

Rule of Law – 4.15

The Sri Lankan legal system is based on a combination of English common law, Roman-Dutch law, and local Sinhalese and Muslim law. It provides adequate protection to suspects who are deemed innocent until proven guilty.

Since 1970, the Sri Lankan judicial system has endured an ethnic civil war and two insurrections by Maoist guerrillas. During this time, it has struggled to remain independent of the government. Elected officials apply pressure on judges, which is mitigated by a strong tradition of an independent judiciary supported by the country's political leaders. Judges are protected from interference by a set of laws. However, there are many ways to circumvent the laws, and political interference continues to be a problem in the administration of justice.

Judges in the lower courts (primary courts, magistrate's courts, the district courts, and the high courts) are appointed by the Judicial Service Commission (JSC), which also dismisses and disciplines them. The JSC is composed of the chief justice and two associate justices of the Supreme Court. Because the Supreme Court and Court of Appeal justices are appointed by the president, they are often close to the president and respond to pressure. Thus, the president may have an undue amount of influence over the judges. Since 1985, all new judges have been trained by the Sri Lanka Judges' Institute. The institute has also provided in-service training for sitting judges. Although the institute receives relatively limited funding, judges are reasonably well prepared for the bench.

The most serious problem judges face has been gaining access to law reports, especially copies of Supreme Court decisions. They often must make decisions without access to case law as determined by the Court of Appeal and the Supreme Court. Until recently, written decisions of the higher courts were not published in a law report and still are not available to all judges. An additional obstacle to judges' professionalism is the lack of a code of conduct. In October 2005, the Bar Association of Sri Lanka called for the creation of a code. Its development is now in its early stages.

The judicial system has struggled to deliver justice in a reasonable length of time. It is not unusual for cases, especially civil cases, to extend well beyond 10 years. The cost of maintaining legal counsel over the years of periodic hearings places litigation beyond the means of all but the richest of Sri Lankans. Thus, although the judicial system is open to all, the rich and the politically connected have undue influence over the process.

One factor helping counteract this imbalance in Sri Lankan society is the Legal Aid Commission. The commission is a statutory body created in 1978 that provides free legal assistance to suspects facing criminal charges. Suspects who earn less than 2,500 rupees per month (roughly US$25) are eligible. However, the commission is sorely under-funded, with a yearly budget of only 1.2 million rupees (US$12,000) to cover the approximately 25,000 cases it handles a year.

A new problem facing the courts has been the rise of the Colombo underworld, which often has close ties to politicians. The murder of high court judge Sarath Ambepitiya on November 19, 2004, by an underworld figure; several courtroom attacks including a grenade attack on a court in the southern city of Embilipitya on February 21, 2005; and the ambush of prison transport buses such as that in Gampaha on September 26, 2005, when three prison guards and a prisoner were killed, reflect the increase in power of the underworld and its effect on the judiciary.

Prosecutors, on paper, are independent of political pressure, although in reality the process is highly politicized. It is common for politicians to face criminal prosecution only when their party is out of power. This phenomenon has led to a profusion of political cases, some justified, some not, whenever there is a change of government.

The performance of the Sri Lankan court system in response to state violations of civil liberties has been positive. In the wake of the human rights violations in the early 1990s, the Supreme Court, in recognition of the slowness of the Sri Lankan judicial system, named itself the court of first instance in human rights cases. This has allowed the court to respond quickly to allegations of abuse.

The Sri Lankan military and police are largely independent of civilian control. The legislature oversees the security force budgets but not their activities. The president usually holds the Ministry of Defense portfolio but exercises control only when she or he feels compelled to do so for political reasons or because of international pressure.

Meanwhile, political interference with the police is rampant. This extends from promotion and control of police leaders to transfer of or retribution against individual officers for actions opposed by politicians. The political use of the security forces has become acceptable practice. For example, during the 2004 general elections, police special task force members led by a government minister fired weapons in the air in Sammanthurai, Ampara, while masked thugs attacked voters near a polling station. Most police officers guarding polling stations during elections hesitate to take action against wrongdoers and leave the polling area when ordered by a politician. They realize that to defy the orders of a politically powerful individual may lead to transfer or disciplinary action.

The Sri Lankan constitution and legal system give citizens strong property rights. However, political considerations determine challenges to the rights of political opponents of the government. There have been numerous cases of seizure of the property of political opponents. A further problem has been the seizure of private property in the north and east for "security" purposes. Even since the ceasefire agreement, much of this land is still held by the security forces. Large depopulated areas surround government military bases in the north and east. Many of the houses in these areas have been razed or are occupied by the security forces. In addition, security forces have allowed squatters to move onto the land they have seized. This has become a serious problem in Trincomalee district in the east.

Recommendations

• The quality of judges and their access to legal information should be improved to enhance the professionalism of the judiciary. This would include the publication and dissemination of all Supreme Court decisions and relevant Court of Appeal decisions.
• An independent panel should be created to appoint and oversee the conduct of judges.
• Further efforts should be made to ensure that court cases are resolved in a reasonable amount of time. This might include requiring judges to hear cases in the afternoon or reducing the grounds for procedural delays in court cases.
• An effective independent police board should be created to govern the police department, prevent political pressure on police officers, and make sure they enforce laws.

Anticorruption and Transparency – 3.71

Three significant types of corruption prevail in the Sri Lankan political system: efforts to circumvent bureaucratic red tape, personal bribe solicitation by government officials, and nepotism and cronyism. The Sri Lankan government has made a strong effort to remove the excessive bureaucracy and regulations that were a feature of the United Front government of the 1970s. Many of the government-run enterprises have been sold to the private sector. However, the state still controls a significant number of businesses. Although there are fewer regulations, many remain, allowing for bribery opportunities. The excessive slowness of the judicial system has also inspired numerous bribe attempts.

Sri Lanka has long had anticorruption laws in place, but enforcement of the laws has been a serious problem. Enforcement of anti-bribery laws is the responsibility of the Bribery Commission, which was established in 1994. It has been largely ineffective. The Bribery Commission's 2004 annual report noted a 26.7 percent increase in complaints, to a total of 4,626. Despite the increase, only 787 were sent on for action. Of these, just one resulted in conviction, while 11 ended in acquittal. The other cases have not been acted on and may never be resolved.

Transparency International-Sri Lanka has noted the poor enforcement of anticorruption laws, a task that currently is divided among agencies including the Bribery Commission. Whistle-blower protection legislation, a freedom-of-information act, and laws for public disclosure of assets by public officials are lacking.

Despite movement toward a free economy, nepotism and cronyism continue to be a problem. The government has enacted a number of laws to reduce conflicts of interest in the awarding of government contracts and other government expenditures, but these are largely circumvented by politicians and bureaucrats, who can easily award contracts to relatives or business associates.

Sri Lankans widely believe that corruption is rife in their society. Yet there are very few arrests for corruption. The lack of protection for whistle-blowers limits the public disclosure of corruption. Because of widespread political interference in police affairs, anticorruption laws are usually not enforced against members of the governing party. When charges are made against politicians, they are usually covered up by the government-controlled media, as well as the police authorities, who are under the control of politicians. However, with the frequent changes of government, the politicians and public officials who are protected by one government face prosecution by the next. The rights of the victims of corruption are largely ignored.

Sri Lanka has always been proud of its educational system, which is recognized as one of the strongest in Asia. Although higher education is largely free of bribery, competition is keen for admission to prestigious primary and secondary schools. As a result, there is a serious problem with parents' offering bribes to school officials.

Sri Lanka has one of the best government data reporting systems in the world. Countless reports and publications of government statistics and information are released each year. However, reporting of regulations and laws or court decisions is limited. It is very difficult to learn of government regulations without legal counsel. Without formal freedom of information legislation, information remains difficult to obtain for average citizens in Sri Lanka.

Budget debates are a highlight of the legislative process each year. The opposition mounts strong challenges, questioning all aspects of the budget. The budget process is open to public scrutiny; the yearly budget debates are well reported in the press, and most citizens follow them closely. Beyond this, though, oversight of legislation after it is passed is limited. The creation of the Center for Policy Alternatives continues to transform the legislative process by providing research and information on budget and other issues before the parliament.

The transparency of awarding government contracts and the implementation of government programs varies across the country. All information related to government contracts and bidding is public and is available to those who can take the time and effort to seek out the government ministry involved. However, outside Colombo, where most government activities take place, local populations often have no way to ascertain the scope or purpose of government activity in their area.

The distribution of foreign aid has been a contentious issue. Many allegations have arisen that aid is predominantly distributed to the area along the west coast, close to Colombo, and that the rest of the country is largely ignored. In addition, the Tamil and Muslim minorities have claimed limited disbursements of foreign aid in their areas. This problem was somewhat alleviated by the large influx of aid to help with the post-ceasefire rebuilding effort. Still, while Jaffna and the Vanni areas of the north received large amounts of assistance, the east coast appeared to receive much less.

The same complaint has followed the relief and rebuilding effort since the 2004 tsunami. Although the damage was greatest along the east coast, the per-family expenditure of funds for food in the harder hit Eastern Province was less than the per capita allocation of funds in the less severely hit southwestern coast of Sri Lanka. Moreover, widespread allegations of corruption have been made over the allocation and spending of tsunami relief aid. In October 2005, the Sri Lankan auditor-general's office made a report to parliament documenting widespread fraud.

Recommendations

• An appropriate mechanism should be created to ensure that foreign aid promised after the 2004 tsunami is distributed in a fair manner among the Sinhalese, Tamil, and Muslim victims of the tsunami, and between the north and east in the case of post-conflict aid.
• Government anticorruption agencies should be given more power to enforce the law.
• Legislation to protect whistleblowers should be enacted.
• The passing of freedom-of-information legislation should be made a priority.

Author

Robert C. Oberst is Professor of Political Science at Nebraska Wesleyan University. He has written many books and scholarly articles on Sri Lanka and South Asia.