Transparency International Sri Lanka (TISL) has filed a case in the Supreme Court calling for action against the procedural violations and abuse of public trust by officials in the procurement of VFS, an Electronic Travel Authorization (ETA) system for the issuance of visas for tourists visiting Sri Lanka.
TISL says the 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 Petition argues 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.
The VFS deal came under fire after a Sri Lankan traveler and his partner were refused a visa to enter Sri Lanka. A video posted of the couple venting their anger at immigration officials led to furor as to why the ETA was outsourced to a foreign company when it had been handled by Sri Lanka's Telecom for many years. Subsequent reporting and investigations found that Sri Lanka's Public Security Minister Tiran Alles had proposed the deal sans cabinet approval and standard operating procedures in selecting the vendor.
An India-out campaign was also staged outside the Immigration and Emigration Department in Colombo last month, as anti-Indian sentiment flared in the wake of controversy over VFS Global. The Indian High Commission in Colombo was forced to deny any Indian involvement in issuing visas in Sri Lanka after a viral video alleged an Indian company had taken over the processing of visas at Colombo’s international airport. Sri Lanka opposition legislator Harsha de Silva questioned the 200 million dollar investment claim made by VFS. “Can this be real?” de Silva asked in an x.com. "IVS-GBS Global to invest USD 200 million (tech for website and cameras?) as per Cabinet Memo justifying outsource at USD 18.50+/visa. “Where did this investment go? He also questioned whether VFS Global was added later to the consortium. Harsha de Silva said the COPF report has found that VFS Global had been picked without calling for official bids and had resulted in the Department of Immigration and Emigration losing out on receiving competitive rates for visa issuance.
Among the respondents named in TISL's case 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:
- The improper and irregular selection of private entities as authorized representatives for issuing visas.
- Entering into agreements with private parties in a manner that could lead to severe financial losses and damage to the tourism sector.
- An incident at the Bandaranaike International Airport in May 2024 highlighted the problematic appointment of private entities for visa processing.
- The existing partnership with Mobitel (Pvt) Limited from 2012 ran smoothly without an occurrence of major breakdowns, negative publicity, data breaches or other complaints.
- Mobitel (Pvt) Limited tendering proposals for the improvement of the ETA system in August 2023 with no cost to the government.
- 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.
The petition calls for the respondents to be held accountable for their illegal, arbitrary, and unreasonable acts or omissions in the procurement process.
