Sri Lanka’s 10th Parliament has ushered in a wave of hope for ‘Change’, a transformative vision that the people have long sought. This ‘change’ has eluded Sri Lankans for decades and now it’s time that the nation’s yearnings are brought to light. To realise this aspiration, it is essential to revisit the Code of Conduct for Members of Parliament (MPs). It encapsulates the ethical framework and principles guiding our elected representatives.
Adopted in 2018, the Code of Conduct provides a structured approach to enhancing accountability, promoting transparency and ensuring that public trust in Parliament is not misplaced. This article explores the Code of Conduct’s objectives, duties, principles, rules and enforcement mechanisms, while underscoring its significance in encouraging democratic governance.
Understanding the objectives
The Code seeks to uphold the sanctity of democratic institutions by ensuring MPs conduct themselves in a manner befitting their roles as public servants.
The Code of Conduct for Members of Parliament is not merely a set of guidelines; it is a blueprint for ethical leadership. At its core, the Code of Conduct ensures that MPs act in the public interest and uphold the dignity of Parliament. Its key aims include:
Establishing Standards: The Code of Conduct defines clear principles and rules that MPs must adhere to as public servants.
Ensuring Accountability: By setting out duties and responsibilities, it holds MPs accountable for their actions.
Restoring Trust: In an era where public confidence in governance is often fragile, the Code of Conduct aims to rebuild trust by emphasising transparency and ethical conduct.
A notable feature is its harmonisation with other legislative frameworks, such as the Parliament (Powers and Privileges) Act, No. 21 of 1953, and the Right to Information Act of 2016, ensuring cohesion across governance systems.
Key duties of Members
The duties outlined in the Code of Conduct serve as a moral compass for MPs, guiding them in fulfilling their parliamentary roles.
These duties include:
Defending the Constitution: MPs must uphold and defend the Constitution of Sri Lanka, ensuring the rule of law and democratic governance.
Acting in the National Interest: MPs are required to prioritise the welfare of the nation over personal or partisan considerations.
Non-Discrimination: In their interaction with constituents, MPs must ensure equity, regardless of ethnicity, religion or political affiliation.
Acting with Integrity: MPs must exercise their powers responsibly, using public resources judiciously and ethically.
These duties ensure that the expectation that MPs will always act in the public interest, honouring the trust placed in them by their constituents.
Principles of conduct
The Code articulates several core principles to guide MPs in carrying out their parliamentary duties. These principles reflect the ethical values that underpin democratic governance:
Public Interest: MPs must prioritise public good in all decisions, avoiding financial or personal gain.
Accountability: MPs should be answerable to the public for their actions and decisions, demonstrating openness and transparency.
Meritocracy: In matters such as appointments, contracts and recommendations, decisions must be based on merit.
Conflict of Interest Management: MPs are required to disclose private interests and address any conflicts to protect the public interest.
Integrity in Public Resources: The use of public funds, property or facilities must be for legitimate and lawful purposes only.
These principles provide a strong ethical foundation, ensuring that MPs lead by example and inspire confidence in democratic institutions.
Rules of Conduct: Ensuring Accountability
The Code of Conduct lays out specific rules that govern MPs’ behaviour, both within and outside Parliament.
These rules include:
Respect for human rights: MPs must uphold the dignity and rights of all citizens, ensuring that their actions reflect respect for fundamental freedom.
Civility and decorum: Parliamentary debates must remain respectful, fostering constructive dialogue even in disagreement.
Avoiding damage to reputation: MPs are advised to avoid action that could tarnish the reputation of Parliament, its members, or the country.
Supporting parliamentary efficiency: Each MP is responsible for contributing to the effective functioning of Parliament, including regular attendance and active participation.
Register of Interests ensures transparency
One of the Code of Conduct’s standout features is the establishment of a Register of Members’ Interests. This mechanism enhances transparency by requiring MPs to declare: Financial assets, including properties and shareholdings.
Business relations or affiliation that may pose a conflict of interest.
Gifts or donations that could influence decision-making.
The register is made available for public inspection, ensuring that MPs’ actions remain free from undue influence. The Right to Information Act guarantees public access to this information and it paves the way for a culture of openness and accountability.
Ethical use of public property
The Code of Conduct outlines strict guidelines for the ethical use of public resources, emphasising that these must serve the public interest. The key rules include:
Public funds, property, and facilities must not be used for personal or party-political purposes unless expressly permitted by law.
MPs are personally accountable for ensuring that public resources are utilised in accordance with established rules.
Accepting inducements, such as fees or rewards in connection with parliamentary duties is strictly prohibited.
These provisions reinforce the principle that public office is a position of trust, not a platform for personal gain.
Behaviour and civility
The behaviour of MPs, both inside and outside Parliament shapes public perceptions of democracy. The Code of Conduct highlights the importance of:
Attendance: MPs must attend all parliamentary Sittings and committee meetings unless excused.
Civility: Respectful language and conduct are essential, especially during debates and discussions.
Professionalism: MPs must avoid harassment, intimidation or any conduct that diminishes the dignity of Parliament.
Civility and professionalism helps preserve the integrity of Parliament and it also sets a standard for political discourse across the country.
Enforcement and sanctions
The Committee on Ethics and Privileges is tasked with enforcing the Code of Coduct. It has the authority to:
Investigate complaints of misconduct.
Examine evidence and determine whether a breach has occurred.
Recommend sanctions, which may include censure, reprimand or suspension from Parliament.
The complaint process is designed to be robust and fair. Complaints must be filed in good faith and supported by evidence. Frivolous or malicious complaints are dismissed, ensuring that the process is not abused.
Complaints and investigations
The Code of conduct outlines a clear process for lodging and investigating complaints:
Complaints can be made by MPs or members of the public.
Supporting evidence, including affidavits, must accompany complaints.
The Committee on Ethics and Privileges evaluates each complaint to determine its validity.
If a breach is confirmed, the committee may refer the matter to law enforcement or recommend disciplinary action to Parliament. This mechanism ensures accountability while protecting the rights of all parties involved.
Periodic reviews: Adapting to change
Recognising that governance is dynamic, the Code of Conduct mandates periodic reviews to ensure its continued relevance. These reviews enable Parliament to address emerging challenges, such as the ethical implications of digital technology or the increasing role of social media in politics.
Periodic updates ensure that the Code of conduct remains a living document, evolving alongside societal expectations and governance trends.
The Code of Conduct as a model for governance
In a country that has faced significant challenges, including corruption and political polarisation, the Code of Conduct for Members of Parliament serves as a model for ethical governance. It establishes clear standards for accountability, transparency and integrity, ensuring that MPs remain committed to their roles as public servants.
By adhering to the Code of Conduct, MPs can inspire confidence, rebuild public trust and contribute to a political culture that prioritises the nation’s welfare over personal or partisan interests.
The Code of Conduct for Members of Parliament is more than a regulatory framework. It is the Bible of democracy. By setting high standards for ethical leadership, it reminds MPs of their responsibilities to the Constitution, their constituents and the nation.
For Sri Lanka, this Code is a cornerstone in the journey towards a more transparent, accountable, and inclusive democracy. Its implementation and enforcement signals the values that underpin our parliamentary system, offering hope for a future where governance is defined by integrity and public service.
As the 10th Parliament begins its work, the principles enshrined in the Code must guide its actions, ensuring that the aspirations of the Sri Lankan people are fulfilled.
