A distinguished group of Sri Lankan judges and lawyers recently released draft legislation to recover the proceeds of crime and compensate corruption victims. Prepared at the request of Justice Minister Wijeyadasa Rajapakshe, enactment of such a bill is one of conditions of the $2.9 billion International Monetary Fund loan to stabilize the economy and restore economic growth.

While the proposed legislation exceeds the IMF requirement, providing for both criminal and non-conviction-based forfeiture of the proceeds of any crime, its overriding significance is it offers means for recovering the hundreds of millions if not billions of dollars corrupt officials have stolen from Sri Lankan citizens. The bill also establishes administrative procedures for compensating those injured by the corrupt act that generated the confiscated assets and granting anyone harmed by corruption the right to bring a civil action for damages.

The bill is accompanied by a clearly written report spelling out its provisions and explaining their rationale. A very nice diagram illistrates how the various freezing, seizure, and confiscation provisions will operate. Those in other nations struggling to write their own asset recovery or victim compensation legislation will find much of value in the Sri Lankans’ effort. (Text of bill with report and diagram here.)

At the same time, the bill is still in draft. Its authors welcome comments and critiques from Sri Lankans and international observers. Comments can be sent directly to the Ministry of Justice. Or GAB will be pleased to forward them to the appropriate personnel.

UPDATE. GAB just learned that Transparency International Sri Lanka has also posted a request for comments on the bill along with a brief explanation of the bill importance and the need for public input in English, Sinhalese, and Tamil here. The link includes an address to which comments can be sent.