District Multi-Stakeholders Forum for Constitution and Peaceful CoexistencePOLICY RECOMMENDATIONS ON THE RIGHT TO TRANSPARENTGOVERNANCEPolicy Recommendation – 1: Constitutional and Legislative Reforms:
Suitable provisions in the Constitution should be incorporated to declare andensure that transparency, not secrecy, shall be the general rule and norm whichwill govern the actions of the government, Executive (President, Ministers, otherMinisters), the Public Service, including public sector institutions and those of other institutions in which the government has some interest, the Legislatures, andthe Judiciary.1.2.
Effective Checks and Balances procedures should be introduced throughConstitutional Provisions among the three branches of the State- Legislature,Executive and Judiciary in order to prevent the abuse or misuse of powers vestedwith these institutions.1.3.
Executive immunity provided in the Constitution should be removed and Chief Executive should be made accountable to the rule of law through a Constitutionalprovision.1.4.
The proposed Freedom of Information Act should provide for the public officersto provide information when requested by any members of the public as well asmandate these offices to proactively display and publish critical information of their work, expenditure, etc on a regular basis, viz., once in six months or once ayear. There should be effective sanction provided for failure to do so or willfulneglect of these duties.1.5.
The Constitution and relevant laws should be amended to encourage ‘PublicInterest Litigation’ in matters of governance, whether relating to alleged abuse of power, corruption and/or bribery. Any purported action which undermines orcompromises the Rule of Law in the country should be a proper concern of everycitizen in the country and any citizen should be free and should have the right tobring such matters before the courts of law without any hindrance.1.6.
All provisions of the existing laws, regulations, rules, codes, practices etc whichmilitate against transparency and which foster secrecy or which are inconsistentwith the letter and spirit the right to transparent governance be repealed once theConstitutional and legislative measures as enumerated above come into operation.1.7.
A Freedom of Information Act should be enacted to enable public officers toprovide information when requested by any members of the public as well asmandate these offices to proactively display and publish critical information of