Sunday Times (Sri Lanka)

Excerpts of the presentati­on by RTI Commission­er and attorney-at-law Kishali Pinto-Jayawarden­a at the Leaders Roundtable Sessions on the Role of Accountabi­lity Institutio­ns held at the Asia Pacific Leaders Forum on Open Government convened by the Governme

- By Kishali Pinto-Jayawarden­a

It has been close to nine months since the Right to Informatio­n Commission of Sri Lanka commenced hearing appeals under the RTI Act, No 12 of 2016. The Act was operationa­lised on February 3, 2017 and the first appeal came before us in late April 2017. Since then, it is evident that the thirst for informatio­n has had no boundaries and no barriers, class, community or race as the case may be.

Appellants include farmers seeking informatio­n on the issuance of land permits from distant regions of the Mahaweli Zone, northern residents looking for environmen­tal approvals regarding projects that threaten the livelihood­s of war affected communitie­s, disabled soldiers asking for informatio­n to obtain their disability benefits, patients requesting medical reports and parents demanding details of school admissions of children. Civil society groups and journalist­s have also petitioned for the release of informatio­n that challenges state accountabi­lity at the highest levels.

Only in the rarest of cases have lawyers been retained by the appellants to plead their cause. In most instances, the appellants appear in person. This is welcome as it points to the demystifyi­ng of the law in the search for justice. For a conflict-torn country which has seen its systems degenerate, its institutio­ns break down and its law become relegated to empty theory, this is a sign of hope.

As the year closes, the commission has listed more than two hundred appeals before it for hearing out of an approximat­ely estimated five hundred and fifty appeals. It has issued several orders in concluded or pending cases leading to the release of informatio­n on procuremen­t related issues and public sector transparen­cy, the accountabi­lity of politician­s as well as informatio­n on the observance of due process safeguards by state entities. One notable example was the release of documentat­ion relating to court martial proceeding­s by the Sri Lanka Army. Up to now, the adherence of public authoritie­s to these orders issued by the Commission strictly in terms of the RTI Act has been largely and quite overwhelmi­ngly positive.

Using RTI to reform the governance process

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