By Santhush Fernando; Colombo, 24 September, (Asiantribune.com):
Freedom of Information Bill presented by Sri Lanka’s main opposition- United National party (UNP) was withdrawn during today’s (September 23) Parliament sessions.
When UNP Deputy Leader Karu Jayasuriya presented the ‘Freedom of Information Bill’ as a Private Member’s Bill, Government Chief Whip Minister Dinesh Gunawardene brought it to the notice of the House that the ruling United Peoples Freedom Alliance (UPFA) was in the process of drafting its own ‘Freedom of Information Bill’ after due consultation with media associations.
MP Jayasuriya then proceeded to withdraw the same, and stated that his party was ready for talks with the government on the Bill.
Just a few days prior to the 2010 General Election, the then Minister of Justice and Legal Reforms, Milinda Moragoda, who had for a long time lobbied for ‘Freedom of Information Act’, told media that a draft providing for the freedom of access to official information was prepared. Moragoda’s hopes of handing over the draft Bill to the government was lost, after he failed to secure his seat in the Election.
The Bill was based on the 2004 draft of Freedom of Information Bill along the lines of the Indian Right to Information Act of 2005, he added. Although, in Sri Lanka, the 2004 draft Freedom of Information Bill was endorsed by both major parties, it did not take off the ground.
The present Bill intended to grant Freedom of Information as a “right of access to official information which is in the possession, custody or control of a public authority” to every citizen.
Access to information relating to the private medical records of individuals, trade secrets that would harm the commercial interests of persons, where the disclosure can cause prejudice to the prevention of crime and law enforcement, information relating to examinations conducted by the Department of Examinations etc were exempted under the said draft.
A Freedom of Information Commission entrusted with the implementation of the law was also proposed, while Information Officers were to be appointed to each ‘public authority’ to provide the required information to the general public.
Freedom of information legislation are rules that guarantee access to data held by the state. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. In many countries there are constitutional guarantees for the right of access to information, but usually these are unused if specific support legislation does not exist.
Presently, over 85 countries around the world have implemented some form of such legislation. Sweden's Freedom of the Press Act of 1766 is the oldest.
On October 21, 2008, the Caretaker Government of Bangladesh issued in the Bangladesh Gazette the Right to Information Ordinance (No. 50 of 2008), based loosely on the Indian Right to Information Act, 2005 and was passed by the government of Bangladesh on March 29, 2009.
President Pervez Musharraf promulgated the Freedom of Information Ordinance 2002 in October 2002. The law allows any citizen, access to public records held by a public body of the federal government including ministries, departments, boards, councils, courts and tribunals and the bodies must respond within 21 days. However it does not apply to government owned corporations or provincial governments.
In the Maldives, there is currently no freedom of information legislation and although in 2004, the then Abdul Gayoom regime announced that a bill was expected to be passed in that year.
In Nepal, although the Right to Information (RTI), despite being guaranteed since 1990, was only given effect in July 2007 with the adoption of the RTI Act 2007 in Nepal. The Parliament of Nepal passed the Act in July, 2007 to give effect to the people’s fundamental right to seek and receive information on any matters of public importance held by public agencies.
Main opposition UNP withdraws Freedom of Information Bill after Govt. pointed out that it was in the process of drafting one UNP MP engages in invoking the wrath of gods on the government.
During the debate, firebrand UNP MP and reformist front-liner Daysiri Jayasekera, raised a point-of-order stating that former Army Chief and Democratic National Alliance Parliamentarian Sarath Fonseka was not allowed to be present for Parliamentary sessions today.
“Fonseka tried several times to come (to Parliament) today but he was not allowed,” Jayasekera objected.
Meanwhile Gamini Jayawickreme Perera was heard chanting hexes (vaskavi) invoking the curses of ‘huniyan deyyo’ against the government.
The House of Parliament today passed Emergency Regulations with a majority of 92 votes in favor of it. 112 members of the ruling UPFA MPs present, voted in favour, while 20 from the TNA, JVP and several UNPers voted against it. SLMC along with a majority of UNP defectors and UNP Parliamentarians abstained from voting.
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