Zimbabwe Star: Colombo: Tuesday,
August 30, 2016.
Decades after
the idea was first discussed, Sri Lankans now have a law guaranteeing their
right to government information.
The
government first committed itself to introducing the Right to Information (RTI)
bill in 1994. It was approved by lawmakers this June. In theory, Sri Lankans
can now access huge troves of government information, including details on many
official decisions and actions, via a formal process. There are exemptions to
protect national security details and other sensitive information.
The law has
the potential to dramatically improve the level of confidence Sri Lankans have
in their government. Transparency International, a global corruption watchdog,
in 2012 noted in its Global Corruption Perception Index that Sri Lanka is
"unable to minimize the level of corruption in the public sector."
Freedom House, which analyzes press freedom around the world, includes Sri
Lanka among the list of countries lacking a free press.
But the law's
success will depend on how well it's implemented, says Ranga Kalansooriya, the
director-general of the Department of Government Information and the
coordinator of the RTI Advisory Task Force.
Under the
law, a trained information officer is to be appointed to each public
institution, including schools, hospitals, police stations and government
offices. Information will be requested through submission of a form and a fee,
the amount of which has yet to be decided. Information officers will have to to
provide the information within 14 days. An extension can add an additional 21
days.
People who
don't receive the information they request can appeal to the Information
Commission.
Kalansooriya,
who is also a media trainer and columnist, spoke to Nirasha Piyawadani of the
Sri Lanka News Desk about the future of the act's implementation and its
challenges. This is an excerpt from that interview.
What are
the benefits of the Right to Information Act to a Sri Lankan citizen?
People gain
the right to question the government through this. They can question if the government,
which operates with their tax money, is using the tax money to benefit people.
They can also
question about their rights. Very often, the state mechanism does not have an
environment that shares information. It's an environment that hides information.
But this act paves the way for people to obtain information as a basic right.
For example,
the most important problem for the farmers now is fertilizer. Why was the
relevant money for fertilizer not transferred to their account? How much money has
been allocated to repair a road in your area? Why is the repair late, even
though money has been allocated? People now have the right to question and get
information officially.
Have you
found that Sri Lankan citizens have a clear understanding about the RTI Act?
No. Our
people have no adequate understanding about it yet.
Sri Lanka
brought this act in a very different way to how it was introduced in India. The
people of India struggled in the streets to win this right. But such a big
struggle was not seen in Sri Lanka.
Not only
people but even certain politicians also have no clear understanding about
this. We understood [that] when we observed the discussions in Parliament.
Because of
this, we conducted a special program to make [members of Parliament] aware that
this is a democratic right. We had to work hard to make them aware that this is
a democratic right of the people. I think we will have to continue this hellip;
in the next four to five years, in order to establish that awareness.
A government
can only prepare the mechanism for delivering information by way of training
the officials and developing the application processes. A government can also
make people aware to a certain extent. But the civil organizations must
shoulder the greater burden of creating the awareness.
Historically,
all acts were implemented by the government. But this act must be implemented
by people. It will not be active unless people demand information.
The Sri
Lankan government doesn't have a history of being open to sharing information
with citizens. How can the RTI Act be implemented within this context?
The sharing
of information will take time to be successful, as happened in Bangladesh.
In Bangladesh
also, this act was introduced by those in authority and was not a demand of the
people. It was introduced in Bangladesh in 2009.
It took about
four to five years for the act to be widely enacted and for people to begin
requesting information.
This will
happen in Sri Lanka also. It's natural. But it's essential that we make people
aware using all methods at our disposal.
The RTI
bill has been presented by its advocates as a legislation that would reduce and
perhaps even prevent corruption in Sri Lanka. Do you believe the act that was
passed in Parliament has delivered on this?
Yes. When
people demand information and when they get the correct data, corruption and
fraud will become less. When government officials see that people are on the
alert, [that] they are vigilant and questioning, they will be fearful about
engaging in corruption and fraud.
Civil
society groups who campaigned for the law say the approved version is watered
down from the original draft. How do you respond?
India has a
system of imposing fines in the event that the relevant institute does not
divulge information. We cannot carry out this fining system.
According to
our constitution, a non-judicial body cannot impose fines.
That's a
technical issue we had to face. But we have done all we can through this act.
We have introduced disciplinary actions instead of imposing fines.
Those who
were involved in the process of introducing this act know that it is a victory
gained after massive labor over a long period.
How does
the law safeguard a citizen's right to information in the context of political
forces that have in the past acted to prevent the release of information?
Everybody
must bow to the law. The country's politicians, all the members of the
legislature passed it unanimously. No one objected.
That means
the political environment building up in the country is prone to safeguard the
basic rights of the people. Taking forward this right that has been received is
the duty of people and the civil society organizations. Otherwise, this will be
just another act.
The Right
to Information bill, as a formal proposal, was first suggested by the
government in 1994. Why has it taken 22 years for it to be passed?
If the RTI
Act was passed at the time it was first discussed, Sri Lanka would have been
the first country in South Asia to have passed the RTI Act. But we fell behind
to last. The reason was the lack of political will.
During the
times there were political will, this was developed halfway and got stuck.
The two giant
characters of [President] Maithripala [Sirisena] and [Prime Minister] Ranil
Wickremesinghe mentioned this prominently in their election manifestos and gave
civil society a chance to take it forward.
Can the
provisions of the RTI be misused to obtain personal information or to harass
any individual in any way? Can the RTI become a tool for revenge or personal
attacks?
You cannot
obtain personal information of an individual under this act. They are in the
excepted list.
Only the
fiscal information, for example the facts related to tax money, can be obtained
through this. Although a minister is an official maintained by public funds,
his personal information cannot be obtained.
Public
institutions are subjected to the Right to Information Act. Individuals are
not.
Vital facts related
to state security, territorial integrity and national security cannot be
divulged.
In the same
way, the facts that must be safeguarded under an international agreement or an
international law also cannot be exposed. The information that affects the
economy of the country, that amounts to contempt of court and that infringes
parliamentary privileges can be barred.
The
government can release some of these facts after 10 years, but the secret
information of persons and the facts related to state security cannot be
exposed.
You are
the coordinator of the RTI Advisory Task Force. As head of the Department of
Information, you are also involved in implementing the provisions of RTI across
the public sector. What are the challenges you see in implementing the RTI in
Sri Lanka?
The biggest
challenge at the moment is the lack of awareness among people.
Changing the
mind-set of the state mechanism on revealing facts is also a challenge. It will
be a great challenge in the first two to three years to change those attitudes.
This is a
great social change that may cause problems when implemented. The government
must pave ways to face those challenges and provide solutions. That's the
biggest challenge for a government.
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