SL Time: Colombo: Monday, October
10, 2016.
Transparency
International Sri Lanka (TISL), the local chapter of the global movement
against corruption, says although they are encouraged by the appointments to
the Right to Information (RTI) Commission of Sri Lanka last month, it has not
been fully constituted yet.
President
Maithripala Sirisena on 30th September upon the recommendation of the
Constitutional Council appointed three members to the five-member RTI
Commission.
"While
the Commission has been established by the Act, its membership is yet to be
fully constituted, as the RTI Act states that the Commission shall consist of 5
persons," the TISL said in a statement.
TISL said it
has been greatly encouraged by the passing of the RTI Act and acknowledges the
significant implementation challenges ahead.
The NGO said
the intention of Parliament in enacting the RTI law was that the RTI Commission
should consist of five members.
Even though
the Act states that the quorum for a meeting is three, the stipulation of a
quorum inherently suggests that the appointment of the full membership is
expected.
"Such
appointment would entitle all members to attend meetings. Having only three
members would vest sole decision-making power in those members only, subverting
the intention of Parliament, and depriving the Commission of its diversity.
TISL therefore calls for the appointment of the full Commission," TISL
explained while calling for the appointment of the full Commission.
The TISL said
the RTI Commission is arguably the most important component in the framework
set up by the RTI Act.
"It has
extensive powers, including the hearing of cases on appeal, issuing guidelines
on record management, fees and proactive disclosure, prescribing fees,
monitoring compliance, making recommendation for reform, referring matters for
disciplinary action and prosecuting offences under the Act. Its decisions have
far-reaching consequences for the exercise of the fundamental right of access
to information. It is evident therefore, that the RTI Commission needs to be a dynamic
catalyst in the rollout of RTI to the public."
Some of these
powers and functions are particularly important in the hands of the first RTI
Commission, which has the vital role of setting in place the key principles,
mechanisms, templates and procedures that will set the tone for future
Commissions to follow, the TISL observed.
The TISL
called on the Constitutional Council to urgently make well considered
recommendations in order that the President can make the remaining appointments
at the earliest possible occasion, so that the composition of the commission
may be regularized.
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