Q&A: Sri Lanka’s Right to Information Act ‘Must Be Implemented by People,’ Official Says

COLOMBO, SRI LANKA — 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 … 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.

 

Ajith Perakum Jayasinghe translated this article from Sinhala.