Daily Mirror: Sri Lanka: Thursday,
April 20, 2017.
Yet, it is
still questionable whether citizens from all corners felt the importance of
such a law. Amidst all this drama, a unique incident reported from Batticaloa
where 13 brave women marched their way to find the information they longed for.
They walked up to five authorities seeking information of their loved ones who
went missing during the internal conflict. On February 3, from dawn to dusk
these daring women walked the dusty roads in Jaffna, Batticaloa, Vavuniya towns
and to several police stations under the scorching sun tirelessly waiting to
meet the relevant authorities.
They
questioned the law enforcement agencies on the remains of the complaints they
made at the time their family members went missing. They demanded the police to
give them evidence on the whereabouts of their missing family members or at
least let them know whether they are still alive. The one thousand odd
questions from these women could have definitely given a shock to the public
servants.
They searched
information in the Jaffna District Secretariat, regional offices of the Human
Rights Commission, Batticaloa DIG Office, Batticaloa prison and several other
police stations.
The
information officer was absent in the Jaffna District Secretariat. According to
the Right to Information Act Section - 5 Subsection 23 (1) (a), Every public
service department (Public Authority) must appoint an Information Officer
within three months of enactment. At the time these women went searching for
information, six months had passed.
According to
the Act, the head of the institute or the second in command can accept
information requests and provide information as the alternative solution in the
absence of an Information Officer. Despite this provision the Jaffna District
Secretary, being the head of the institute, had been reluctant to accept
requests made by these women. On accepting the public requests, the Act clearly
states the institute must issue a receipt as the acknowledgement. Instead of a
receipt these women were told to return in three days to inquire about the
progress.
“We still
have not received any information and the three days they mentioned passed
weeks ago,” they said.
Their
experience at the Human Rights Commission’s regional office in Batticaloa had
been different. Despite the fact that the office did not have an Information
Officer, the Human Rights Commission welcomed the requests of the women and
were responsible enough to issue photo copies of their request letters signed.
“We respect their understanding,” they said. The disappointment came later. The
head office of Human Rights Commission based in Colombo has instructed the
Batticaloa officers to direct the information to Colombo as the Information
Officers are appointed there. Even at the time this article goes to print the
relevant information these women requested for has not been issued.
The other
instance a debacle these women faced was at the Sri Lanka Police Deputy
Inspector General’s Office in Batticaloa. As they reached the office three
Police officers stopped them at the entrance and questioned what their inquiry
was about. The women spoke in Tamil, as they decided to speak only in their
mother tongue. Officers had to search for another Police officer who understood
Tamil and had been quite stressful for them. Eventually it appeared that these
Police Officers had no idea about a Right To Information Act existing!
The officers
had told two of the women to meet a senior Police officer. These brave women,
very humbly but firmly refused saying this is a collective effort. Then the
senior Police officer came down to meet the all women team. Despite his lack of
knowledge in Tamil he patiently listened to the request of these women. The
communication continued to happen through interpreters. The women even
explained the content of the Right to Information Act that was written in
English. With great patience the women informed the senior Police officer that they
came to meet the Information Officer. The question still remains. Did these
Police Officers understand that these women reached their office searching for
information based on their rights empowered through the RTI Act? Even the
senior Police officer did not know how to respond to the request.
“Two of you
can come and meet the DIG,” replied the Police Officer.
The request
was decently rejected by the women.
“Alright
then. You all can meet the DIG,” said the Police officer who got totally lost
directions in this case.
These women
managed to reverse the common norms of power and bureaucracy with their soft
and subtle negotiations. The usual practice is, the authority directs and the
common person surrenders. In this incident the vice versa happened. These women
were successful in creating a conducive environment without triggering any
agitation. There were no threats from either side. As they met the DIG, their
request was accepted, receipt in Tamil was issued, and photocopies were taken. And
still the communications were through interpreters. Despite the fact that
acceptance of requests of these women happened, the question is whether the
Police followed the protocol stated in the Act.
On February
16, Police officers started visiting houses of these women to inquire about the
complaint! The women asked for information and there were no complaints!
Does this
mean the Police were misinformed about the Right to Information Act and how to
react? Is this is a problem with disseminating right knowledge to the ground
level officers from the Police Headquarters?
“But the
Police acted with respect to our inquiry and were concerned,” women said.
The Prisons
Department in Batticaloa has refused to accept their request. As of to date,
the Prisons Department has one Information officer who again is based in
Colombo. For requests coming from rural areas such as Batticaloa, the
Department only has a complicated process operating from a distance. Clearly
many weeks have passed beyond the deadlines stipulated by the authorities to
issue information to these women. Surprisingly these women still remain
patient.
On one side
this story depicts the attempt of victims to achieve justice for their loved
ones went missing. On the other hand it also shows the real situation of how
the RTI Act operate at the grass root level. For these women, after years of
struggle over blood, tears and toil, the RTI Act may be the strongest tool
found to seek justice in a country where the right to live is not even cleared
stated in the brief paragraph of the country’s constitution that set up
conditions for fundamental rights.
These 13
women are still waiting. They are awake all times to see a positive action to
happen and so are we. And so should be the civil society. The awakening rising
from pain, anger and injustice never dies.