Right to Information: A key to open government

03 Oct 2022

Right to Information: A key to open government

03 Oct 2022

By Piumi Madushani Access to information is the cornerstone of open and participatory governance. On 28 September, the world celebrated International Right to Know Day to promote and raise awareness regarding the powerful right to seek, receive, and impart information. This right facilitates public knowledge and discussion, leading to mindful decision-making and involvement in democratic governance. Since 2017, Sri Lanka has been on a journey of transparency and accountability, divorcing its inherited culture of secrecy in public authorities. The Right to Information Act of Sri Lanka embodies a blueprint for promoting openness and accountability of the government. After five years of implementation of the law, has Sri Lanka been able to guarantee the free flow of information, in practice? The following points are made based on professional experience in assisting citizens to file Right to Information (RTI) requests in the past few years. Neglecting legitimate duties The RTI law lays down the duties and responsibilities of the information officers and designated officers in each public authority or institution, for timely disclosure of the information requested by the citizens. Yet, there are a few public authorities who have failed to even appoint an information officer to accept requests from people. Further, the noticeable tendency of public authorities to ignore information requests without acknowledgement or response requires urgent attention. An RTI request should not be seen by the officers as an inconvenience, disturbance, or even an attack; it is an opportunity to converse with citizens. Reluctance and negligence on the part of public authorities can greatly harm the rights and freedoms of the citizens and can be a lost opportunity to improve governance in general. Abuse of exemptions by public authorities Section 5 (1) is the “most abused” provision of the RTI Act. The law is very simple; a citizen can request access to any information from a public authority, provided such information exists on record. Public authorities can refuse to provide information on 14 grounds provided by Section 5 (1) of the Act. National security, invasion of privacy, prejudice against the economy, and commercial confidence are among these exemptions. Irrespective of exemptions, public authorities are required to disclose information when public interest outweighs the harm that would result from its disclosure. If applied properly, the exemptions would protect sensitive information while leaving a large portion of information available to the public. However, exemptions are often misused in practice. Using them inappropriately to conceal corruption and fraud has become a major drawback. Citing the exemptions without substantiating them as well as not applying the public interest test is unfortunately common practice. The exceptions in the RTI Act are often treated like a menu to choose from to refuse an information request rather than approaching the question from a bona fide interest in disclosing information that is not seriously prejudicial to a sensitive interest as defined in the RTI Act. Proactive disclosure of information Proactive disclosure occurs when public authorities release information of their own volition, without there having to be a request by citizens. It is one of the foremost aspects of open government. The RTI law requires public authorities to proactively publish information on their websites and other platforms for public consumption. Budgetary information, procurement details, project reports, and information on decisions and acts are of paramount importance to ensure transparency and accountability of public authorities in the use of public money. Sri Lanka is still far from a culture of proactive disclosure. At such a moment as this where the public is utterly disappointed with the system of governance, proactive disclosure would be an ideal approach to building trust and ensuring transparency. It also reduces the time and resources spent processing individual information requests. The role of public authorities is pivotal for the protection and promotion of the right to access information. A modest change within public authorities can therefore contribute to the successful implementation of the RTI legislation in Sri Lanka, ensuring more accountable and responsive governance for its citizens.

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Right to Information: A key to open government

Right to Information: A key to open government

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