The Nation Newspaper: Sri Lanka: Saturday,
June 25, 2016.
Legal
academics called for the appointment of information officers under the proposed
Right to Information Bill to be made by an independent body and not by the head
or chief executive officer of the public authority or the Public Service
Commission or Ministers.
Senior
Lecturer at the Department of Commercial Law of the Faculty of Law of the University
of Colombo, Attorney-at-Law Dr. Prathiba Mahanamahewa said that barriers to the
Right to Information, such as the one contained in provisions in Paragraph
6:1:3 of Chapter XLVII of the Establishment Code must be removed.
The provision
states that a Ministry Secretary or a Head of a Department may exercise
discretion with respect to the release to the public of information that may be
of interest and value to the public and that no information even when confined
to statements of facts should be given out where the publication of the said
information may embarrass the Government and/or Department and/or Officer and
that in the case of any doubt the relevant Minister should be consulted.
Certain
provisions in the Official Secrets Act, the Prevention of Terrorism Act, the
Sri Lanka Press Council Act, the Profane Publications Act and the Public
Performances Ordinance, which are contrary, inconsistent and conflicting with
the proposed Right to Information Bill(RTI) too must be repealed, he added.
“There cannot
be limitations and if there are, they must be cleared, otherwise the objectives
of the RTI Bill cannot be achieved. In other countries, Article 19 of the
International Covenant on Civil and Political Rights is what is used,” he
noted.