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Right To Information: five years done right?

29 Sep 2022

  • Lawyers and researchers involved in RTI assess its value, utilisation, and challenges over half a decade 
BY Sumudu Chamara   The Right to Information (RTI) Act has gained a name as one of the most significant laws Sri Lanka enacted, and during the past few years, it has gained popularity among citizens of diverse backgrounds. While there is room for improvement of the RTI Commission, officers, and the Act itself, so far, it has resulted in a large number of decisions pertaining to information that are of public interest and have led to considerable changes. These are some of the key points that were focused on during a discussion organised by the Sri Lanka Press Institute (SLPI), to commemorate the International Day for the Universal Access to Information, which was yesterday (28). The event was titled “A law that worked for citizens: Five years of the right to information in Sri Lanka”.   RTI Act’s role in public service and governance    During the discussion, RTI Commissioner, Attorney and legal researcher, Kishali Pinto-Jayawardena, explained that the RTI Act has resulted in notable decisions, even though there is room for improvement. She added that between 2017 and 2022, communities across the country have used the RTI Act for varied purposes, such as calling on local authorities to carry out their duties. She also said, however, that those are not really matters that the RTI Act should be used for. She pointed out that in Western countries, citizens do not have to use their RTI to make sure that the State functions properly, but instead use such for more controversial matters such as those that have to do with documents classified as secret. “When considering Sri Lanka and India, there is a commonality in the way that the RTI has been used within the two countries. They point to the breakdown of the State in the governance process,” she said, adding that citizens seek the RTI Commission’s assistance seeking to get State authorities to provide citizens with various facilities and services which those authorities are required to perform according to the law. With regard to the nature of the assistance sought through the RTI Act, Pinto-Jayawardena pointed out that in addition to service delivery-related support sought by the general public, groups such as trade unions and civil society organisations have used the RTI Act for more controversial matters, such as asking for the declaration of assets of the former Prime Minister and incumbent President Ranil Wickremesinghe, information on the educational qualifications of Parliamentarians, and information on major deals and procurement processes. In addition, she said that the use of the RTI Act by communities of diverse identities from around the island for common purposes, such as the delivery of services by State authorities, is a unifying factor. According to Pinto-Jayawardena, the use of the RTI Act by Northern citizens has been frequent, despite the claims that the Northern communities are not interested in the governance of the country. She provided an example where a journalist from the Northern Province sought details and expenses pertaining to former Prime Minister and incumbent MP Mahinda Rajapaksa’s trip to Italy in 2021.  With regard to notable activities of the RTI Commission during the past few months, Pinto-Jayawardena explained that in one instance, the RTI Commission directed the Cabinet of Ministers to be the entity that releases certain information from various ninistries. This was after a case where a trade union had demanded information on the salary details of various categories of public sector employees, but was referred to various ministries to obtain it. In another instance, a request was made seeking information on the salaries, and the amount of loans acquired by the top management of Litro Gas Lanka Ltd., arguing that the benefits given to the management of the said company had directly resulted in increased cooking gas prices. In this case, the RTI Commission rejected the company’s arguments that it did not come within the ambit of the RTI Act, and that the release of the said information may result in severe damage to the reputation of the company. She explained that such information has been released in many previous instances as per the directions of the RTI Commission, and that entities that provided information include SriLankan Airlines and People’s Bank. With regard to the challenges faced by the RTI Commission during the past five years, she noted: “The critique of the commission has been that it is not active enough in going to court against public authorities that have not adhered to its orders or timelines. This is a critique that the commission must accept with all humility. There have been lapses in that regard. That is primarily due to the lack of staff of the commission, and the lack of financial resources.  “Currently, we are in the process of instituting those cases. In addition, one disappointing factor is that the use of the RTI Act against private entities has really not been as strong as against State entities. I think that we should look at improving that aspect.”   The role of RTI in transparency and social change   Meanwhile, legal consultant and research fellow in technology, media, and communications law, Ashwini Natesan, pointed out that when it comes to the RTI, the word transparency has to be defined to denote institutional transparency, in terms of the decision-making processes in public authorities, budgetary allocations and actual expenditure, criteria for admission processes in education institutions, criteria for the allocation of benefits and entitlements, the status and development of infrastructure projects, salary details, and the disclosure of important documentation in relation to crimes, among other things. She presented information from a study titled “A Litmus Test for RTI in Sri Lanka: Analysing Linkages between the RTI and Increasing Transparency/Reducing Corruption”, which focused on three criteria for assessment, namely, achieving the Sustainable Development Goals (SDGs), responsiveness at the public authority level, and information disclosure on appeals to the RTI Commission. Natesan pointed out that in Sri Lanka, there are instances where even an individual-level request for information has resulted in large scale decisions and change. One example she presented pertained to how an individual-level request on the pricing of packaged drinking water led to the issuance of a gazette notification on the maximum retail price of drinking water.  With regard to the public authorities’ responsiveness to RTI requests, she pointed out that between 2017 and 2019, only 33-34% of requests were responded to within 14 days. Speaking of the RTI Commission’s response, she explained that 84% of the requests had resulted in orders to release information, and that only 16% of the requests were rejected due to several grounds.  She further added: “The lack of many requests under ‘public procurement’ is of concern and warrants consideration. Information requests relating to public procurement are key to not only increasing transparency, but also in combatting corrupt practices. On similar lines, gender empowerment is also not backed by sufficient data. There are twin issues that beg our attention – the lack of data on gender empowerment, and the need for co-ordinated efforts to bring about inclusion and representation. “Small changes in procedures and practices can lead to monumental developments. For example, the acceptance of requests through electronic mails and making sure that such requests are responded to expeditiously can encourage more requests. Another important step can be taken in establishing structures through which public authorities are empowered to grant requests even when on-site offices are not functional. In times of the Covid-19 pandemic, this is indispensable to keep the RTI system functional.”      RTI to achieve SDGs   Meanwhile, adding that the RTI Act is one of the significant laws passed in Sri Lanka in recent times, and is a very important legal tool available to citizens, Julius and Creasy Senior Counsel Prashanthi Mahindaratne, spoke about the findings of a research project launched by the RTI Commission with the support of the Swiss Government to analyse the use of the RTI Act in achieving the United Nations (UN) Sustainable Development Goals (SDGs) in Sri Lanka.  “Our core finding was that the RTI Law is a bridge that would enable the Government as well as citizens to traverse towards the achievement of the SDGs. But where public authorities or citizens fail to take any follow up actions in utilising the disclosed information, it may remain a bridge uncrossed.  “This is perhaps reflected in the fact that although the RTI Law has resulted in better transparency in the conduct of public functions, any discernible impact on corruption indices has not been evident. I believe that with the sustained use of the RTI Law by the citizenry and the entrenchment of the concept of the free flow of information in the national psyche where the public authorities have become cognisant that their conduct is under public scrutiny, it will have a positive impact in mitigating bribery and corruption.”  The said research included a qualitative analysis through the study of over 1,200 decisions of the RTI Commission issued between 2017 and 2019. During this analysis, she said, the researchers had observed a nexus between the public purse on the one hand, institutional transparency and consequent efficiency on the other hand, and the living standards of the citizens, while they also noted that transparency, in the conduct of public functions is vital for the sustainable development of any State.  It is a prerequisite element to achieve all UN SDGs. Elaborating on the findings of the research in respect of the three key SDGs most relevant to the country’s present context, Mahindaratne said: “First, the UN SDGs call upon the State to end poverty in all its form everywhere, which is very relevant today and remains probably the greatest challenge faced by Sri Lanka. We carried out a comparative study as to how access to information could contribute to alleviate poverty, and our research revealed instances where the public authorities in other countries, as guardians of the people’s rights and welfare, were made to disclose information considering the larger public interest that information serves.  “Fourthly, the UN SDGs call upon the State to ensure inclusive and equitable quality education and to promote lifelong learning opportunities for all. The education system of a country plays a vital role in achieving sustainable and integral development. Therefore, it can be considered as the backbone of any civilised country.  “Producing competent graduates, professionals, and responsible citizens would enhance the quality of a country’s workforce, which results in the efficient and effective productivity of a nation. Thus, the economic development of a State rests on its capacity to produce goods and services, and consequently, there is a direct correlation between the quality of the education system and the economic development of a country.  “Regrettably, despite Sri Lanka’s policy of free education, it is irrefutable that the system is fraught with severe problems. Due to the school enrolment rate, gender parity in education, the quality of the curriculum, the lack of resources and basic faculties in rural schools, inadequately qualified teachers, the lack of university entrance opportunities, the politicisation of the education system leading to ad hoc change of policies, and the post-Covid-19 pandemic situation, and the present economic meltdown, today our education system is in absolute shambles.  “To overcome this critical hurdle, we must ensure the right to education for all without compromising the quality of education. There is an integral nexus between the right to information and the right to education. For example, a citizens’ ability to discover in what manner the Government has spent towards the development of education or the discovery that allocated funds have not been spent, would enable the population to demand that the Government rectify this situation. “When it comes to the 16th UN SDG, which deals with peace, justice and strong institutions, it calls on all States to substantially reduce corruption and bribery in all their forms and to develop effective, accountable and transparent institutions at all levels. Access to information promotes transparency and accountability of the public authorities, and makes Governments more open, accountable to its people, whereas bribery and corruption flourishes where public functionaries conduct their businesses in closed environments under purported claims of official secrecy.  Therefore, access to information is a vital factor in achieving the 16th UN SDG. In terms of the Preamble of the RTI Act, the principal objective of the Law is combating corruption and promoting accountability and good governance.”  


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