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J
ust
, P
e aceful
and
I
nclusi v e
S
ocieties
According to the Act, every citizen shall have the right of
access to information which is in the possession, custody or
control of a public authority, except some limited informa-
tion that relates to highly confidential personal information
which may be a threat to personal security and to human
rights; information that relates to defence of the State or
poses a threat to its territorial integrity or national secu-
rity; confidential information which is seriously prejudicial
to the country’s relations with any state, or in relation to
international agreements or under international law; infor-
mation that would cause serious prejudice to the economy;
the premature disclosure of decisions to change or continue
government economic or financial policies; information
including commercial confidence, trade secrets or intel-
lectual property, protected under the country’s Intellectual
Property Act.
Further limits include highly confidential information that
would be in contempt of court or prejudicial to the main-
tenance of the authority and impartiality of the judiciary,
where the disclosure of such information would infringe
the privileges of Parliament or of a Provincial Council as
provided by Law; and confidential information which will be
harmful for future decisions relating to the legal, financial
and economic status of the country.
Nevertheless, a request for information shall not be refused
where the public interest in disclosing the information
outweighs the harm that would result from its disclosure.
All information can be requested by writing or orally. Also,
if the right to information of any person is denied unfairly,
that person can appeal against the rejection of the request.
According to the act, to align with the regulations, every
public authority and ministry has the responsibility to main-
tain all of its records duly catalogued and indexed so that
every citizen is made aware and has access to it in the official
languages of Sinhala and Tamil.
The Act provides an implementing procedure to provide
information with a minimum time period. The public
authorities are liable to respond to information requests
within a maximum of 28 days. Thus, Sri Lanka’s Right to
Information (RTI) Act ensures open government, citizens’
active participation in governance, and accountability. It
overrides all other written law where there may be contradic-
tion. All information should be available if the greater public
interest is served by its disclosure.
The Act restricts the opportunity for corruption since it is
compulsory for each and every ministry and public author-
ity to declare all the information relating to their activities.
Furthermore, all public authorities, information officers,
and ministers are responsible for and accountable to provide
information while increasing responsiveness. This process
encourages public participation in decision making.
Also the Act states that it protects human rights through
the right to information without harming any citizen’s
privacy and security to access information, maximizing
society’s welfare while minimizing its cost. Furthermore, it
protects national security, the economy, and territorial integ-
rity. Any citizen can gain access to information such as why
certain people receive benefits; what criteria are used to give
people jobs; rating scores at job interviews; why a child didn’t
get into school; departmental regulations: and future projects
and their progress. The Act also increases the efficiency of
the information acquisition process while minimizing cost
and time.
The Act has very few weakness. It allows access only to
information related to public authorities and ministries but
not to other information. Also, there is not much information
on free trade agreements.
As the Act is a new experience for Sri Lanka, it is still
at the experimental level. In order to gain experience in
effective and efficient implementation, the country held
the International Conference on RTI Sri Lanka and Media
Reforms in 2016 with two main objectives.
4
One is the
exchange of regional and international experience and tech-
nical knowledge which could be used to implement the Act
more efficiently and effectively. Also the conference facili-
tated learning through the discussion of necessary mass
media reforms for the establishment of a reliable political
culture based on democracy and good governance. Here,
practical experience was gained from media veterans from
South Asia, Canada and Europe.
Today, the right to information is of paramount impor-
tance as it strengthens the democracy and the informed
citizenery. It is essential to provide complete awareness and
overall knowledge about the Act to all ministers, government
officers and citizens. As this is an initial step to establish
right to information in Sri Lanka as a developing country, the
effort is highly appreciated. The Act has to be reviewed regu-
larly while identifying weaknesses, loopholes, and making
further improvements to create beneficial actions. It is also a
responsibility of citizens to acquire awareness and reap the
benefits of access to information and to participate more in
the governance of the country as active citizens.
The Act can be identified as a tool for restoring good
governance, although it is too early to evaluate its success.
But, as a developing country, Sri Lanka believes that it is
a solid foundation for ensuring good governance into the
future.
Image: www.rtiwatch.lk (2016)
International Conference on RTI Sri Lanka and Media Reforms 2016. Speeches
were delivered by the former Chief Justice of Delhi, the President of Sri Lanka,
the Speaker, and the Minister of Parliamentary Reforms and Mass Media