Sri Lanka’s Right to Information Commission
has stated that it is committed to building a strong and independent operation
with the expertise and capacity to support all seekers and providers of public
information. Issuing a Media Statement, it has further stated that the
five-member body, though still operating in an interim capacity with a skeletal
staff from temporary premises (2- 203-204, BMICH, Colombo -07, Ph- 011 2691625)
intends have a strong policy of proactive public engagement.
The RTI Commission also
points out in its Media Statement that a Public Notice published by the
Commission in all three national languages on 29th of January and 2nd of
February, 2017 had emphasized this. It states that it has been greatly
encouraged by the public support and interest in regard to the Right to Information
(RTI) Act No 12 of 2016 and has pointed out that participation and feedback by
citizens is vital to bringing about a culture of accountability and openness in
Sri Lanka which is the primary objective of the RTI Act.
The RTI Commission is
the central oversight, policy-making and enforcement agency as well as the
appellate body established under the Act. It has extensive powers to summon
PAs, inspect records and take offending information officers to court. The
Commission, which came into existence in late December 2016, consists of
Mahinda Gammanpila (Chair), AWA Salam, Kishali Pinto-Jayawardena, Selvy
Thiruchandran and SG Punchihewa.
Its Rules on Fees and
Appeals, together with three Regulations proposed by the Commission to the
Ministry of Mass Media on Proactive Disclosure of Public Authorities (PAs),
Appointment Criteria for Information Officers and an Open Re-Use Policy of all
Information obtained under the RTI Act were gazetted on February 3rd. They put
Sri Lanka’s RTI Regime into the third best place in the world and the first in
South Asia. The Commission’s Rules enforces a pro-public Fee Schedule and
provides for informal hearings of appeals aimed at the least possible burdens
to be put on information seekers. Setting a good precedent for South Asia and
other countries across the world, the Rules also state that if an appeal is
successful to the Designated Officer in a Public Authority or the Commission,
fees for that information will not be charged.
However, the Commission
had not been provided with a separate budgetary allocation from the 2017
National Budget unlike the other independent commissions, leading to strong
public concerns. Examining the various interviews given to the media by the
Minister and Deputy Minister of Mass Media in the wake of these concerns, the
Colombo Telegraph understands that both responded lightly, apparently under the
mistaken belief that the Commission is another government department!.
The Ministry, which is
tasked with implementing RTI in the state sector by the appointing of
information officers, also has had to cope with angry social media complaints
during the first one week of the RTI working across the country, that the
government PAs were clueless about the RTI Act that in the majority of cases,
information officers had not been appointed, including by the Office of the
President which is covered by the RTI Act.
Meanwhile the RTI
Commission’s Media Statement points to the fact that the RTI Act was enacted to
bring about a major democratising transformation of relations between Sri
Lankan citizens and the government. It imposes important new obligations of
openness on PAs which cover constitutional and statutory entities, government
departments and bodies, corporate bodies in which the government has a controlling
interest, local and provincial authorities as well as courts, tribunals and
institutions established to administer justice.
This also includes
private entities working under contract, agreement, licence or a partnership
with the government(where their statutory or public service or function is
concerned), higher educational, private vocational or technical education
institutions established, recognised or licenced under any written law or
funded wholly or partly by the State and non–governmental organizations
rendering a service to the public. Citizens are able to exercise a right to
access information held by these Public Authorities, subject only for few
exceptions, all of which are subject to the public interest override. New norms
have now been established through the Regulation proposed by the Commission for
PAs to proactively share information.
By English Rashmi ahamad
