Asia Cruise News: Sri Lanka: Tuesday, May 09, 2017.
Reports that
a senior Customs investigation officer Assistant Superintendent W.M.R.P.
Wijekoon has been sent on compulsory leave on allegations of leaking
information to the media, have raised concerns over the protection of
whistleblowers, Transparency International Sri Lanka (TISL) said.
TISL is
concerned that the provision within the Right to Information (RTI) Act which
seeks to protect whistleblowers, has not been considered prior to disciplinary
action being taken under the Establishments Code, the TISL said in a statement
on Monday.
The
provisions of the RTI Act override all other written law, including the
Establishments Code. The officer was reportedly sent on compulsory leave for
violating the Establishments Code by using a trade union as a conduit for
providing information to the media.
The statement
further stated, “TISL believes that due consideration has not been paid in this
matter to Section 40 of the RTI Act - the whistleblower provision - which reads
as follows;
“Notwithstanding
any legal or other obligation to which a person may be subject to by virtue of
being an officer or employee of any public authority, no officer or employee of
a public authority shall be subjected to any punishment, disciplinary or
otherwise, for releasing or disclosing any information which is permitted to be
released or disclosed under this Act”.
TISL
highlights the importance of expediting the process of amending the
Establishments Code to reflect the provisions and principles of RTI and urges
authorities to consider the whistleblower protection clause in the case of
Assistant Superintendent W.M.R.P. Wijekoon.”